Acts. 593

the County Courts, the Benefit of Writs of Removal and Tryals in
the Provincial Courts, or before the Justices of Oyer and Terminer
and Goal-Delivery.
And whereas, by an Act for the Advancement of Justice, it is
Provided and Enacted, That in all Actions to be commenced in the
Provincial Court, for the Recovery of any certain Sum of Money
or Tobacco, within the Jurisdiction of that Court, wherein the Plain-
tiff should be desirous of a speedy Tryal, that if the Plaintiff should
find 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
Provincial Courts, but the Facts tried in the several Counties where
they have arisen or shall arise, so that when the Defendant pleads
any Matter of Fact tryable by a Jury, the Issue cannot be tried at the
Appearance Court,

SessionLaws

Be it therefore Enacted and Declared, That where Copies of
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 Ap-
pearance Court, in the County where the Fact hath arisen or shall
arise; any Law, Usage, or Custom, to the contrary notwithstanding.

Of Declara-
tions served,
&c.

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 Health: Be it therefore Enacted by the Authority,
Advice, and Consent aforesaid, That where any Witness shall be
summoned by any Plaintiff or Defendant, and shall be really so im-
potent, sick, or infirm, that he or she shall not be able to attend ac-
cording 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 be-
fore 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-examine such Witness) shall be received
as Evidence on the Tryal of the Cause wherein such Witness shall
38

Of Wit-
nesses sick
or unable
to attend