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Session
Laws
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And that, as Jurors are not summoned to the Provincial Court, but
the Facts tried in the several Counties where they arise; so that,
when the Defendant pleads a Matter of Fact, triable by a Jury, the
Issue cannot be tried at the Appearance Court, Be it therefore
Enacted and Declared, That where Copies of Declarations are served,
or left, according to the Directions of the said Act, and no sufficient
Cause shewn, for an Imparlance, and that the Defendant should
plead a Matter of Fact, which is required to be done at the Appear-
ance Court; that then, and in such Case, the Fact shall be tried
at the first Assizes that shall happen after the Appearance Court in
the County where the Fact hath arisen, or shall arise; any Law,
Usage, or Custom, to the contrary, notwithstanding.
And whereas Justice may be delayed, or People lose their Rights,
for want of the Testimony of Witnesses, who may happen to be so
sick or impotent, as to be unable Personally to attend at the Trials of
Causes, to give their Evidence, Viva Voce, without apparent Hazard
of their Lives or Healths ;
Be it therefore Enacted by the Authority, Advice and Consent
aforesaid, That where any Witness shall be summoned by any
Plaintiff or Defendant, and shall be really so impotent, sick, or
infirm, that he or she shall not be able to attend, according to such
Summons, without apparent Hazard of the Life or Health of such
Witness, (to be made appear to the Satisfaction of the Court;) that
then, and in every such Case, the Party summoning such Witness,
may have the Affidavit on Oath, or Affirmation, if the Witness be a
Quaker, of such sick or impotent Witness taken before any Magis-
trate, not being of Kin to the Parties; and that any Affidavit so taken,
the adverse Party always having timely Notice and Opportunity
to cross-examine, such Witness shall be received as Evidence on the
Trial of the Cause wherein such Witness shall be summoned, as if
the Witness was present, and should deliver his ur ilicu Testimony,
Viva Voce; any Law, Custom, or Usage, to the contrary, notwith-
standing.
Provided always, That if any such Witness shall wilfully and cor-
ruptly swear or affirm falsely; that then, and in every such Case, he"
or she shall be liable to the same Prosecution, Penalty, and For-
feiture, as Persons guilty of, or committing corrupt and wilful Per-
jury, are liable to.
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p. 13
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And be it Enacted, That the next Provincial Court shall begin the
Third Tuesday of October next after the End of this Session of As-
sembly, and not before; and that all Actions now depending in that
Court, of what Nature soever, shall be, and are, by this Act, con-
tinued until the said Third Tuesday of October: And that all Writs,
Process, and Precepts, already issued, or to be issued, out of the
Provincial Court, returnable to the next Court, shall be returnable
to the said Third Tuesday of October: And that all Sheriffs, Cor-
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