Acts. 403

pay any Fees or Charges, except what shall arise in the Prosecution ;
in the County-Court; any Law, Usage, or Custom, to the contrary
notwithstanding: Saving to all Persons accused before the Justices
of the County-Courts, the Benefit of Writs of Removal, and Tryals
in the Provincial Courts, or before the Justices of Oyer and Ter-
miner, and Goal-Delivery.
And whereas by An Act for the Advancement of Justice, it is Pro-
vided and Enacted, That in all Actions to be commenced in the Pro-
vincial Court, for the Recovery of any certain Sum of Money or
Tobacco, within the Jurisdiction of that Court wherein the Plaintiff
should be desirous of a speedy Tryal. that if the Plaintiff should
send a Copy of the Declaration in the Case, with the Writ and Cause,
the same to be served on, or delivered to the Defendant, or left at
his or her last Place of Abode, Twenty Days at the least before the
Appearance Court, it should be lawful for the Justices of the said
Court, and they are by that Act required to proceed to Tryal the same
Court; and if the Defendant should refuse or neglect to answer, or
plead to render Judgment for the Plaintiff, with Cost of Suit, unless
sufficient Cause should be shewn by the Defendant why there should
be an Imparlance; and that as Jurors are not summoned to the Pro-
vincial Courts, but the Facts tried in the several Counties where they
arise, so that when the Defendant pleads, and 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

Session
Laws

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 Appearance Court, that then and in such Case, the Fact
shall be tried at the first Assizes that shall happen after the Appear-
ance 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 Tryal of
Causes, to give their Evidence, viva voce, without apparent Hazard
of their Lives or Healths.

Where the
Cause is to
be tried
when no
Occasion
appears
for an Im-
parlance.
P. 19

Be it therefore Enacted, by the Authority, Advice, and Consent,
aforesaid, That where any Witness shall be summoned by any Plain-
tiff 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 the 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 Magistrate not
being of kin to the Parties, and that any Affidavit so taken, the
adverse Party always having timely Notice and Opportunity to cross

Affidavit of
Witnesses
unable to
attend the
Assizes, as
valid as if
the Deposi-
tion of such
Witness
was per-
sonally
given in
Court.