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

Session
Laws

examine such Witness, shall be received as Evidence on the Tryal of
the Cause wherein such Witness shall be summoned, as if the Witness
was present, and should deliver his or their Testimony viva voce;
any Law, Usage, or Custom, to the contrary notwithstanding. Pro-
vided always, That if any such Witness shall wilfully and corruptly
swear or affirm falsely, that then, and in every such Case, he or she
shall be liable to the same Prosecution, Penalty, and Forfeiture, as
Persons guilty of, or committing corrupt and wilful Perjury are
liable to.

Time of
Provincial
Courts.

And be it further Enacted, That the Provincial Court shall be held,
during the Continuance of this Act, on the Third Tuesdays in
October and May, Yearly, at the City of Annapolis.
And be it Enacted by the Authority, Advice, and Consent, afore-
said, That that Part of an Act of Assembly Entituled, An Act caus-

Part of an
Act re-
pealed.

ing Grand and Petit Jurors to come to the Provincial and County
Courts, and ascertaining their Allowances, made at a Session of
Assembly begun and held at the City of Annapolis, the Twenty-
sixth Day of April, Anno Domini, Seventeen Hundred and Fifteen,
which relates to summoning Grand and Petit Jurors to attend at the
Provincial Courts, be, and is hereby repealed and made void.
And be it further Enacted by the Authority, Advice, and Consent

Duty of the
Secretary
in Regard
to Records.

aforesaid, That the Secretary for the Time being shall cause every
Record that shall be ordered by any Attorney of the Provincial
Court, to be made out for any Tryal of any Issues at the Assizes, to
be transmitted to the Clerk of Assize of the Circuit where the Issue
is to be tried, (who is by this Act obliged to receive and carry the
same to the Circuit) before the Assizes for that Shore, where the
Issue is to be tried, begins, under the Penalty of paying unto the
Party that suffers, for Want of the Record being transmitted, such
Costs and Damages as shall be by the Justices of his Lordship's Pro-
vincial Court, judicially sitting, ordered and adjudged; which said

p. 20

Justices are hereby, upon Complaint made to them, required after a

summary manner, to proceed to Judgment thereon.

Proviso.

Provided always, That the Secretary shall not be obliged to answer
any Damages or Cost, to any Person by virtue of this Act, unless
Orders in Writing for transmitting the Record as aforesaid, be left
with the Clerk of the Provincial Court, at least Thirty Days before
the Beginning of the Assizes on the Shore where the Issue is to be
Tried.
Provided also, That the Records being lodged with the Clerk of
Assize, after the manner aforesaid, shall not impower the Judges to
compel a Tryal against the Will of the Plaintiff, unless where the

Allowance
to Judges,
&c. may be
paid in
Money.

Record is taken out at the Request of the Defendant in order for
Tryal by Provisoe.
Provided always, That the several Allowances herein before men-
tioned to be made, to the Judges and Jurors, in Tobacco, shall and