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Session
Laws
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shall not only do the same in the most private Manner they can, but
also not above Twenty Days before the Beginning of the Assizes to
which they are summoned to serve.
And to the End that the Justices of Assizes, Nisi Prius, Oyer and
Terminer and Goal-Delivery, may not be hindered of proceeding in
the Decision of Matters not determinable elsewhere, (which the
Time allowed by Law for their Session is hardly sufficient to dis-
patch) in hearing petty-Offences tryable in the County-Courts,
Be it Enacted, That all Felonies, Trespasses and other evil Deeds
tryable in the County-Courts by the Laws now in being, shall be
heard and determined by the County-Courts, and not elsewhere, ex-
cept Riots and other Offences to be committed in the View of the
Justices of Oyer and Terminer, or during their Sitting; and other
Crimes and Misdemeanours, where it shall appear to the Justices of
the Provincial-Court or Justices of Oyer and Terminer, from the
Nature of the Offence or the Circumstance of the Offender, that a
Tryal at the Provincial Court Bar, or before the Justices of Oyer
and Terminer, shall be absolutely necessary.
Provided always, That where any Presentment shall be found by
the Grand- Jury at any Court of Oyer and Terminer, for a Matter
tryable by the County-Court, and that shall by the Justices of Oyer
and Terminer be referred to the County-Courts for Tryal, the Party
presented shall not be obliged to pay any Fees or Charges, except
what shall arise on the Prosecution in the County-Court; any Law,
Usage or Custom to the contrary notwithstanding.
Saving to all Parties accused, the Benefit of Writs of Removal,
and Tryals in the Provincial-Court, or before the Justices of Oyer
and Terminer, and Goal Delivery.
And whereas by the Act for the Advancement of Justice, it is
Provided and Enacted, That in all Actions to be commenc'd in the
Provincial-Court, for the Recovery of any certain Sum of Money
or Tobacco, within the Jurisdiction of that Court wherein the Plain-
tiff should be desirous of a speedy Tryal, that if the Plaintiff should
send a Copy of the Declaration in the Case, with the Writ, and
cause the same to be served on, or delivered to the Defendant, or
left at his or her last Place of Abode Twenty Days at the least be-
fore the Appearance-court, it should be lawful for the Justices of
the said Court, and they are by that Act required to proceed to
Tryal, the same Court; and if the Defendant should refuse or
neglect to answer or plead, to render Judgment for the Plaintiff,
with Cost of Suit; unless sufficient Cause should be shewn by the
Defendant why there should be an Imparlance.
And that as Jurors are not summoned to the Provincial-court, but
the Facts tryed in the several Counties where they arise, so that
when the Defendant pleads a Matter of Fact tryable by a Jury, the
Issue cannot be tryed at the Appearance-court :
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