280 Assembly Proceedings, Oct. 2-Nov. 17, 1753.

Liber H. S.
No. I

Removals to, and Tryals in, the Provincial Courts, or before the
Justices of Oyer and Terminer, and Goal-Delivery.

p. 12

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 Plaintiff
shall be desirous of a speedy Tryal, that if the Plaintiff should send
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 Appear-
ance 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 shewed 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 triable by a Jury, the Issue cannot be tried at the Appearance
Court :

[Where the
Cause is to
be tried
when no Oc-
casion ap-
pears for an
Impar-
lance.]

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

[Affidavit
of Witnes-
ses unable to
attend the
Assizes, as
valid as if the
Deposition
of such Wit-
ness was
personally
given in
Court.]

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 Healths; 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 impotent, sick, or infirm, that he or she shall not be able to attend,
according 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 before
any Magistrate not being of kin to the Parties, and that any Affidavit
so taken, (the adverse Party always having timely Notice and Oppor-

p. 13

tunity to cross-examine such Witness, ) shall be received as Evidence
on the Tryall of the Cause wherein such Witness shall be summoned,