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Session
Laws
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And to the End, that th,e Sheriffs may be obliged to discharge their
Duty in returning the best and most capable Freeholders to be Jury-
men, Be it Enacted, That every Sheriff who shall neglect to return
the best and most capable Freeholders for Grand and Petit Jurymen,
shall, for every such Neglect, be fined by the Justices of Assize, at
their Discretion, not exceeding Five Thousand Pounds of Tobacco,
to be applied to defray the County Charge.
And be it Enacted, That each Justice of Assize shall be allowed, by
the Publick, Five Thousand Pounds of Tobacco, to be paid in the
Counties respectively where they reside, for every Circuit, and no
more.
And be it Enacted, That it shall and may be lawful for the said
Justices to make all such Rules and Orders as may be convenient
and necessary for the Furtherance of Justice and Right, and to
impose reasonable Fines, Forfeitures, and Penalties, upon such as
shall transgress them.
Provided always, That such Rules and Orders shall be agreeable
to the Laws of England, and this Province; and that all Sheriffs,
Bailiffs, and other Officers and Persons whatsoever, shall yield due
Obedience to all Process, Warrants, and Precepts, that shall be
issued by, or returnable to, the said Justices.
And be it Enacted, by the Authority, Advice, and Consent afore-
said, That the Justices of Assize, Nisi Prius, and Gaol Delivery, shall,
in all Criminal and Civil Cases to be tried before them, where any
Person concern'd shall desire the same, allow and direct Special
Verdicts to be found: And in all Criminal Cases, where the Party
accused shall desire the same, to sign and allow Bills of Exception,
as they are allowed in Civil Action: And that in all Cases where
Special Verdicts are found, and Bills of Exception allowed, that no
Judgment shall be rendered until the next Provincial Court; to the
Consideration of which Court it is to be referred; any Law, Usage,
or Custom, to the contrary, notwithstanding.
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p. II
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And be it likewise Enacted, That where any General Verdict shall
be found in any Criminal Case, against any Person before the said
Justices, wherein the Judgment is not certainly known and settled
by Law, or wherein the said Justices, or either of them, shall be in
any Doubt, or under any Difficulty, what Judgment to give upon
such Verdict, that then, and in such Case, no Judgment shall be
given; but that the Judgment shall be referred to be given on such
Verdict, to the Consideration of the Provincial Court, who shall and
may give Judgment therein; any Law, Usage, or Custom, to the
contrary, notwithstanding.
And to the End, that the Justices of Assize Nisi Prius, Oyer and
Terminer, and Gaol Delivery, may not be hindered from proceeding
in the Decision of Matters not determinable elsewhere, (which the
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