276 Assembly Proceedings, August 19-September 6, 1731.

U. H. J.

shall require in the same manner as Juries or Witnesses have been
Summoned for Tryal at Barr; and the Sheriff or Sheriffs who shall
be Commanded by the said Justices to Summon such Jury & the party
so Summoned as a Juror or Witness or any of them making default
or neglecting (without lawfull Excuse to be allowed by the said
Justices) to Obey such directions of the said Justices or the s^d Sum-
mons shall be lyable to the same forfietures & penalties, And to
be inflicted, Recovered, Levyed, & Applied as directed by an Act
causing Grand & Petty Jurors and Wittnesses to come to the
Provincial & County Courts & Ascertaining their Allowances.
And forasmuch as the time Appointed by the afores^d Act of As-
sembly herein & hereby Intended to be revived for the Justices of
Assize Nisi prius Oyer & Terminer & Goal Delivery to go to the
severall Counties of this Province is so near that it will be very
Difficult if not Impracticable to prepare the Commfssions for the
Justices af^d the Transcripts of the Records of the proceedings plead-
ings & Issues in the Severall Causes for Tryall & the Summonses
and other previous requisites necessary for the Tryal of such Causes
in time According to the Directions of the said Act. Be it therefore
Enacted by the Authority af^d by & with the advice & consent af^d that
the Justices of Assize Nisi prius Oyer & Terminer & Goal Delivery
appointed according to the directions of the said Act, And the Secre-
tary, Clerks, Attornies, Sheriffs, & all other Officers shall be & are
hereby Exempted & Excused from all or any fines forfeitures pun-

p. 133

ishm^ts or penalties by the af^d Act hereby revived or by this Act Im-
posed for any failure neglect or Omission in going the Circuit in
September next or for any other matter or thing required to be done
by them or any of them in their Severall & respective Offices by this
Act or the Act hereby revived relating thereunto And that it shall &
may be lawfull for the Justices of the Provincial Court to be in
October next (if to them it shall seem meet) to continue any Action
or Actions Appointed to be tried in any County of this Province &
which cannot be Tried before the Justices of the Circuit in September
next untill the Provincial Court which shall be held in May next
Ensuing any thing in this Act or in the Act hereby revived or in an
Act of Assembly Entituled an Act to limitt the continuance of Actions
in Severall Courts within this Province & Ascertaining the manner of
taking the Evidence of Sea faring men & for granting Appeals from
the Chancery Court to the Govern^r & Councill or any other Act to the
Contrary notwithstanding
Signed p Order John Ross Cl. Up. Ho.

Sent by Benjamin Tasker & Philip Lee Esq^r & Col Rider
The following Message being prepared is sent to the lower House
by John Rousby Esq^r