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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
Provincial Court judicially sitting ordered and adjudged; which
said Justices are hereby, upon Complaint made to them, required
after a summary Manner to proceed to Judgment thereon. Pro-
vided 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 Be-
ginning of the Assizes, on the Shore where the Issue is to be tried.
Provided, That all Causes, wherein Issue in Fact was joined, and
which could not be tried at the last Provincial Court, and which were
therefore appointed to be tried at an Adjournment of the said Court,
before the said next Court in course, shall be tried at the next Assizes,
and the Posteas, and all other Posteas, returned to the next Provin-
cial Court, and Judgment rendered thereon; and that all other
Causes to be tried at the said Adjournment, shall be complied with
the first Week of the next Provincial Court: And also, that where
any Cause or Causes, wherein by the course of the Court any Issue
or Issues ought to be joined and tried the next Provincial Court,
that all such Causes shall and may be continued 'til May Court,
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Records
ordered by
Attorneys
in the Pro-
vincial
Court to be
transmitted
to the Clerk
of Assize
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seventeen hundred and forty-eight; and that the said Causes shall
and may be tried at April Assizes, in the Year last mentioned. Pro-
vided always, That the several Allowances and Penalties herein
before-mentioned, to be made to the Judges and Jurors in Tobacco,
shall and may be paid by the Inhabitants of this Province in current
Money, at the Rate of ten Shillings per Hundred, in the same Man-
ner as other Public and County Levies and Charges are payable.
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p. 8
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