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Acts. 281
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as if the Witness was present, and should deliver his or their Testi-
mony viva voce; any Law, Custom, or Usage, to the contrary not-
withstanding. Provided always, That if any such Witness shall wil-
fully and corruptly swear or affirm falsely, that then, and in every
such Case, he or she shall be liable to the same Prosecution, Penalty,
and Forfeiture, as Persons guilty of, or committing corrupt and
wilful Perjury are liable to.
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Liber H. S.
No. I
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And be it further Enacted, That the Provincial Courts shall be
held, during the Continuance of this Act, on the Third Tuesdays in
May and October, Yearly, at the City of Annapolis.
And be it further Enacted, by the Authority, Advice and Consent
aforesaid, That that Part of an Act of Assembly Entituled, An Act
causing Grand and Petit Jurors to come to the Provincial and County
Courts, and ascertaining their Allowances, made at a Session of
Assembly begun and held at the City of Annapolis, the Twenty-sixth
Day of April, Anno Domini, Seventeen Hundred and Fifteen, which
relates to summoning Grand and Petit Jurors to attend at the Pro-
vincial Courts, be, and is hereby repealed and made void.
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[Time of
Provincial
Courts.]
[Part of an
Act re-
pealed.]
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And be it further Enacted, by the Authority, Advice and Consent
aforesaid, That the Secretary for the Time being shall cause every
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 trans-
mitted to the Clerk of Assize of the Circuit where the Issue is to be
tried, (who by this Act is 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 to 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, judi-
cially fitting, ordered and adjudged; which said Justices are hereby,
upon Complaint made to them, required after a summary Manner,
to proceed to Judgment thereon.
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[Duty of the
Secretary
in Regard to
Records.]
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Provided 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 Beginning of the Assizes on the Shore where the Issue is to be
tried.
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[Proviso.]
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And be it likewise Enacted, That the several Allowances and Pen-
alties 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, in the same Manner as other Public and County
Levies and Charges are payable.
And be it further Enacted, That all Actions now depending in the
Provincial Court, of what Nature soever, shall be, and are, by this
Act, continued, until the Third Tuesday in May next, and that all
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[Allowance
to Judges,
&c. may be
paid in
Money.]
p. 14
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