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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 363   View pdf image (33K)
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Acts. 363


Court, and Adjournment of that Court; and the Supplementary Act
thereto; the several Causes now depending in the Provincial Court,
as well as the several Writs and Process, returnable to the Third
Tuesday in October next, will be discontinued, or miscontinued :
For Remedy whereof,
Be It Enacted, by the Right Honourable the Lord Proprietary, by
and with the Advice and Consent of his Lordship's Governor, and the
Upper and Lower Houses of Assembly, and the Authority of the
same, That the several Causes, Actions, Pleas, and Proceedings now
depending in the Provincial Court, shall be continued, and are hereby
declared and enacted to be continued, until the said Third Tuesday
in October next; and that no Advantage, Benefit, or Exception, shall
be taken or allowed, in any of the said Causes, Actions, Pleas, and
Proceedings, for any Discontinuance or Miscontinuance whatsoever,
which might have happened, if this Act had never been made; and
that all Writs and Process already issued and returnable, or which
shall be issued and returnable, to the said Third Tuesday in October
next, shall be accordingly returned, and as good and available in Law,
as if the said Acts had not expired.
And Be It Likewise Enacted, That the Court of Appeals, shall be,
and by Virtue of this Act is, Adjourned to the First Day of the Pro-
vincial Court, to.be held the Third Tuesday in October next.
And Be It Further Enacted, That the Justices of the said Pro-
vincial Court, shall and may continue such of the said Actions,
Causes, Pleas, and Proceedings, now depending in the said Provin-
cial Court, as to them shall seem proper, to such and so many Pro-
vinicial Courts as they shall think fit, not exceeding Three Pro-
vincial Courts after the Making this Act; any of which said Three
Provincial Courts shall not be reckoned any of the Four Courts for
Limitation of Actions; any Act to the contrary, notwithstanding.
And Whereas, by the Expiration of the said Act, many people
who depended upon the Trial of Facts at the Assizes, may be greatly
injured if they should be obliged to try their Causes at the next
Provincial Court, there being scarcely Time for the Summoning of
Evidences, or the several Sheriffs to return Jurors, as usual, before
the making the said Act.

Session
Laws

Be It Therefore Enacted, That no Civil Cause, now depending in
the Provincial Court, where the Issue in Fact is made up, and no
Cause wherein the Issue in Fact shall be made up, at the said next
Court, shall be tried at the Bar of the next Provincial Court; and
that the several and respective Sheriffs within this Province, shall
be and they are hereby, exempted and discharged, from the Sum-
moning any Jurors to the said next Provincial Court.
Provided, This Act shall not be construed to extend, to debar the
said Provincial Justices, from awarding a Venire facias Juratores,

p. 26



 
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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 363   View pdf image (33K)   << PREVIOUS  NEXT >>


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