398 Assembly Proceedings, Sept. 21-Oct. 29, 1742.

Session
Laws

Sums of Money, or any Part thereof, due for their respective Public
or County Levies, to the High Sheriff of the County, or to any of
his Deputies or Under Sheriffs, at the Dwelling-House of such High
Sheriff, or at the Court-House, in the Week wherein March Court is
held for that County, or to the Deputy or Under Sheriff, at the Place
and Time so as aforesaid, appointed to receive the same, so as such
Tender be made in the Presence of one or more credible Witness or
Witnesses, and such Sheriff, Deputy, or Under Sheriff, shall refuse
or neglect to receive the same, so tendered or offered as aforesaid
to be paid, then, and in every such Case, such Person or Persons so
tendering or offering, shall not at any Time afterwards be obliged
to pay Tobacco for such Public or County Levy, or for so much
thereof as he or she had tendered Money for as aforesaid, but shall
for ever afterwards be at Liberty, and have his or her Election to pay
the same in Tobacco, or Money, as he or she shall think fit.
This Act to be, and continue in full Force, for and during the Term
of Three Years, and unto the End of the next Session of Assembly,

p. 14

which shall happen after the End of the said Three Years.

Chap. VIII.

An Act for the Tryal of all Matters of Fact, in the several Counties
where they have arisen, or shall arise.

Preamble.
[The
Proprietary
dissented.]

Whereas, the Tryal of Facts in the Neighbourhood where they
arise, is the greatest Security of the Lives, Liberties, Fortunes, and
Estates of the Subjects, most agreeable to the British Constitution,
and a very great Ease to all Persons concerned; and that the Increase
of Business in the Provincial Court, renders the Decision of Causes
there, without very great Delay and Expence, impracticable.
Be it therefore Enacted by the Right Honourable the Lord Pro-
prietary, by and with the Advice and Consent of his Lordship's Gov-
ernor, and the Upper and Lower Houses of Assembly, and the

Two
Provincial
Justices, on
each Side
of the Bay,
to hear and
determine
all Matters
of Fact,
&.c. in the
several
Counties.

Authority of the same, That Two Justices of the Provincial Court,
on each Side of the Bay (such as the Governor or Commander in
Chief, for the Time being, shall think fit to appoint) shall be Justices
of Assize, Nisi prius, and Justices of Oyer and Terminer and Goal
Delivery; and that the said Two Justices, or either of them (in case
of Sickness or other Inability), shall and may, at the respective
Times in this Act mentioned, hear and try all Matters of Fact, in
all Actions real, personal, and mixt, and all Actions popular, for the
Breach of any Law, that is now depending, or that shall be com-
menced in the Provincial Court, in the several Counties where the
Facts have arisen or shall arise, and not elsewhere; except in any
special Cases, where it shall appear that Justice cannot in all Proba-
bility be so equally administred to the Parties as if Tryal should be
appointed in some other Place, as fully and amply as any Justices of
Assizes and Nisi prius in England used, or by Law ought, or may
try, hear, and determine; and that all Treasons, Murthers, Felonies,
and other Crimes, Offences, and Misdemeanours, of what Nature or