486 Assembly Proceedings, May 16-July 11, 1747.

U. H. J.
Liber No. 34

or shall arise and with the amendments Proposed in a Message here-
with Sent will Pass.

p. 190

Amendments to the Assize Law
By the Upper house of Assembly 8 July 1747
The Words, and not Elsewhere, in the sixteenth Line of the first
Page to be ommitted for that such Words if Continued in the Bill,
would Exclude the Provincial Court from taking Cognizance by a
Tryal at Barr of such Crimes and Offences as are there mentioned
and which may from the Nature and Importance of them some
Times Require the most Solemn Determination and therefore the
Kings Bench notwithstanding the assizes in England may and fre-
quently have Tryals at Barr in such Causes, and this Government
might be Questioned why any Jurisdiction over such Causes was
Lessened or Excluded, In the 12^th Line of the third Page Between,
the words, the and Tuesday, Inserted first after the word Justice,
in the Ninth Line of the 7^th Page; put these words and Be it En-
acted by Authority Advice and Consent aforesaid that the Justices
of Assize Nisi Prius and Goal Delivery shall in all Civil Cases to be
tryd before them where any Person Concerned shall Desire the same
allow and Direct Special Verdicts to be found the amendment Pro-
posed with Regard to Special Verdicts in Civil Cases only is the more
Necessary as Our Judges are not Law[y]ers as they are in England
and therefore cannot Certainly Determine any Point of Law that
may be Sudently Started whereas if the Tracts are found Specially
and at Large the Provincial Court may Divid them with more
Certainty than they Can Possibly Deside at the Assizes and if the
Provincial Court Should give an Erronius Judgement the Party
affected with such Judgement will have a Remedy which cannot be
the Case on a General Verdict as the facts cannot appear Besides
Special Verdict are the best Expedients to guard against the Par-
tiality Precipitancy or Ignorance of Jurymen and to prevent the
Necessity of new Tryals, which are always attended with very Great
Expence to the Suitores
In the 3^d Line of the eight Page, these words, unless the Party or
Parties accused or Prosecuted Prays Judgement may be given im-
mediately, that then and in such Case the Judge or Judges of Assize
shall and may Proceed to Judgement therein, any Law Usage or
Custom to the Contrary notwithstanding to be Omitted because they
Clash with the next Proceeding part of the Clause, and it would be
Obsurd to suppose the Judges can give any Judgemn^t in any Case
wherein they Doubt even altho the Party should Pray such Judge-

p. 191

ment after words Liable to, in the Second Line of the 12 Page add
the words, and be it Enacted that the next Provincial Court shall
begin the third Tuesday of October next after the End of this Ses-
sion of Assembly and not before, and that all Actions now depending