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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 588   View pdf image (33K)
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Session Laws
Chapter 11

p. 3


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

Whereas the Trial 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.

Two Justices
of Assize
to be
for each

Be it therefore Enacted by the Right Honourable the Lord Pro-
prietary, by and with the Advice and Consent of his Lordship's
Governor, and the Upper and Lower Houses of Assembly, and the
Authority of the same, That Two Justices of the Provincial Court,
on each side of the Bay, (such as the Governor, or Commandet 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

Their Duty,

in this Act mentioned, Hear and Try all Matters of Fact in all Ac-
tions 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 Causes, 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 Assize 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
Quality soever, that have been, or by Law might be, tried in the
Provincial Court, shall be heard, tried, and determined by the said
Justices, in the several Counties where they shall be committed, as
fully and amply as the said Offences, or any of them, might have
been tried, heard, and determined by the Provincial Court, or any


Court of Oyer and Terminer, and Goal-Delivery, according to the
Laws of England and this Province. Provided always, That noth-
ing in this Act shall be construed to divest the County-Courts of
any Jurisdiction they have, and that they may hear and determine
all Matters and Things within their Cognizance as they have here-
tofore done; any Thing in this Act to the contrary notwithstanding.

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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 588   View pdf image (33K)
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