Acts. 505

Province shall Proceed and give Judgment According as the very
Right of the Cause and matter in Law shall Appear to them without
regarding any such Omissions Defects Advantages or Pretences as
aforesaid so as sufficient Matters shall Appear in the Proceedings
upon which the Court may Proceed to give Judgment According
to the very Right of the cause and Matter in Law and that it shall
Appear that the Action shall be commenced after the Cause thereof
shall Accrue and that no such Judgment shall be reversed or set a
side or Execution thereon delayed for or by reason of any such
Imperfection Omission or Defect any law Usage or Custom to the
Contrary Notwithstanding

Liber H. S.
No. 1

Provided always and be it enacted by the Authority aforesaid
that nothing in this Act shall extend or be construed to extend to
any Writ Declaration or Suit of Appeal of Felony or Murder or to
any Indictment or Presentment of Treason Felony or Murder or
other matter or to any Process upon any of them or to any Writ
Bill Action or Information upon any Penal Statute

[But shall
not extend
to prosecu-
tions for
Treason,
Felony &c]

And be it further enacted by the Authority aforesaid that in all
Actions hereafter to be Commenced in the Provincial Court for
the Recovery of any certain Sum of Money or Quantity of Tobacco
within the Jurisdiction of that Court where the Plaintiff is desirous
of a Speedy Tryal That if the Plaintiff shall send a Copy of the
Declaration in the Case with the Writt and Cause the same to be
served on or delivered to the Defendant or left at his or her Place
of abode Twenty days at the least before the Appearance Court it
shall and may be lawfull for the Justices of the said Court and they
are by this Act required to Oblige the Defendant by Rule of Court
to Proceed to Tryal the same Court and if the Defendant shall
Neglect or refuse to Answer or Plead to render Judgment for the
Plaintiff with Costs of Suit unless sufficient Cause be Shewn by
the Defendant why there should be an Imparlance

[Plaintiffs
requiring
speedy Trial,
to send Copy
of Declara-
tion, &c.]
p. 514

And be it further enacted that in all Actions in the County Courts
where the Matter or Thing in dispute shall not exceed the sum of
Twenty Pounds Sterling Money or five Thousand Pounds of
Tobacco the Justices of the County Court where such Action shall
be brought may and shall (at the Prayer of either Plaintiff or
Defendant either before or after Judgment or Verdict of a Jury
at common Law) hear and determine the same According to the
Rules of Equity and Good Conscience as fully and Amply as the
Chancellor or keeper of the Great Seal might do in any Case within
the Jurisdiction of the Chancery Court any Law Usage Verdict of
a Jury or Custom to the Contrary Notwithstanding

[County
Courts
Power to
determine
according to
Equity in
actions not

exceeding

20 1. sterling,
or 5000 lb of
Tobacco.]

Provided always that nothing in this Act contained shall extend
or be construed to extend so as to limit Abridge or restrain the
Jurisdiction of the High Court of Chancery of this Province in
any manner or respect Whatsoever but that the said Court shall

[Exception
as to the
jurisdiction
of the Court
of Chancery]