Acts. 483

as aforesaid and that the Want of Freehold or the having a Matter
of fact depending for Trial as aforesaid shall be held and allowed to
be a good Cause of Challenge to any such Juror
And Whereas it hath been doubted of what Value the Freehold
in the said recited Act mentioned ought to be

Liber H. S.
No. 1

It is hereby Enacted That no Juror shall be received as a qualified
Juror in any Court within this Province (the Mayors Court of the
City of Annapolis excepted) unless such Juror shall have an Estate
of Freehold at the least in his own Right or in Right of his Wife
in fifty Acres of Land or upwards or an Estate of Freehold as
aforesaid of the full Value of fifty Pounds Sterling at the least if
the Plaintiff or Defendant will challenge any Juror for Want of
such Freehold

[Jurors may
be charged
as unquali-
fied, not
having a
Freehold of
50 Acres of
Land, or of
the full
value of 50 l.
Sterling]

And be it further Enacted That instead of the Form of Recog-
nizance of Bail prescribed by the Act entituled An Act for taking
Special Bail in the several Counties in this Province upon Actions or
Suits depending in his Majesty's Provincial Court and in the several
County Courts of this Province the following Form shall be observed
and used in all Actions to be commenced from and after the third
Tuesday in October next that is to say John Doe Plaintiff against
Richard Roe Defendant You A. B. and C. D. do jointly and severally
acknowledge yourselves Special Bail for the said Richard Roe at the
Suit of the said John Doe in an Action of Debt brought by the said
John Doe against the said Richard Roe in the Provincial Court.
They acknowledge themselves to be content therewith this
Day of Before To the Honourable the
Justices of the Provincial Court, varying nevertheless the said Form
according as the Nature of the Action may require And that the
said Recognizance shall have the same Force and Effect as any
Recognizance of Bail acknowledged and taken in open Court

[Form of
Recogni-
zance of
Bail to be
observed,
instead of
one pre-
scribed by a
former Act]

And be it further Enacted That the Justice or Justices by and
before whom any such Recognizance of Bail shall be taken and
acknowledged shall and they are hereby required carefully to examine
into the Circumstances and Sufficiency of the Bail so to be taken
as aforesaid and to be careful that they do not take any Recognizance
of Bail of Persons that shall not appear to them to have sufficient
Estate within this Province to answer the same at the Time of
taking and acknowledging thereof
Provided that nothing herein shall be construed to abridge or take

[The Justice,
or Justices,
before whom
it shall be
taken, to
examine into
the Circum-
stances of
the Bail, that
they be of
sufficient
Estate, &c.]

away the Power of the Justices of the Provincial or County Courts
within this Province to make Rules and Orders for the justifying
Bails and making the same absolute or to examine the Sureties upon
Oath touching the Value of their Estates as by the said recited Act
they are required to do.
And be it also Enacted That upon any Judgment hereafter to be
rendered upon any Recognizance of Bail it shall and may be lawful
for the Plaintiff or Plaintiffs therein to issue Execution against the

[Any Judge-
ment here-
after to be
rendered
upon any
Recogni-
zance of
Bail, the
Plaintiff may
issue Execu-
tion &c.]
p. 720