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

U. H. J.

stand and the two Commissioners named by this House Added,

and that the Clause for a Review do continue in the bill as pro-
posed by this House and in Case the Appellant faile in making
good his Appeal to pay such Costs as shall be Adjudged by the
Commissioners of Review, And if the Appellant doth make good
his Appeal the Cost Adjudged by said Commissioners to be dis-
charged by the County And the penny p lott proposed as an Amend-
ment in our last Message sent downe with the bill be sterling; with
these Amendments the bill will pass
Signed p Order John Ross Cl. Up. Ho.

A Message from the lower House by Maj^r Hanson and M^r Knight
with the Assize Bill.

p. 143

By the lower House of Assembly September 3^d 1731.

May it please Yo^r Honours
We have considered the Amendments proposed by your Honours
to the Assize Law & cannot consent to the first, but Offer, that in-
stead thereof the following be Added.
Provided Nevertheless And be it further Enacted that nothing
in this Act or the Act hereby Intended to be revived shall hinder or
debarr the Justices of Provincial Court of this Province from hear-
ing, Determining, & punishing at the Bar of the said Court any Crime
or Offence not Tryable in the County Courts of this Province &
which shall not be heard Tried & Determined by or before the Jus-
tices of Assize Nisi prius & Goal Delivery so always as five of the
Jurors who shall be returned in any such Tryal shall come from the
County where any such Crime or Offence which shall be so tried at
Bar shall be Supposed to be Committed.
And be it further Enacted that the Justices of the Provincial
Court in all such Cases shall & may Award & Issue Venire facias
Juratores & Summonses for any Witness or Witnesses, And that any
person who shall be Summoned or warned to Appear as a Juror or
Witness & shall Neglect or refuse to Appear at the time mentioned
[in the] Venire facias Juratores or Summons without a Sufficient
reason for such non Appearance to be Admitted by the s^d Justices shall
& may be fined according to the directions of the Act causing grand &
Petit Jurors & Witnesses to come to the Provincial Court & Ascer-
taining their Allowances which fines shall be Applied as that Act
directs.
And that the Justices of the Provincial Court be Enabled to con-
tinue the Causes now therein Depending, if they shall find it Needfull
untill the third Tuesday in October, Seventeen hundred and Thirty
two, which we desire your Honours will Concur with, that the bill
herewith sent, may be Engrossed
Signed p Order M. Macnemara Cl. Lo. Ho.