56 Assembly Proceedings, May 9-27, 1766.

L. H. J.
Liber No. 52
May 24

Testament of Col.^o Henry Bouquet to be Recorded in the Preroga-
tive Office of this Province &c Indorsed By the Upper House of
Assembly 24:^th May 1 766. Read the first and Second time by especial
Order and will pass
Signed by Order U: Scott Clk Up: ho:

p. 391

And the Bill Entituled an Act for the Tryal of Matters of fact
in the several Countys Where they have arisen or shall arise,
Indorsed by the Upper House of Assembly 24:^th May 1766. Read
the Second time and will Pass with the following Amendments Viz.^t
in the 8.^th Line of the first Page insert the Word, "any" betwixt
the Word "that" and "two" in the same line Strike Out the Words
"on each side of the Bay and insert them betwixt the Words
"delivery" and "and" in the tenth Line of the same Page. In the
24.^th Line of the same Page Strike out the Words "to Serve" Betwixt
the Words "aforesaid" and "on" in the 6.^th Line of the 2.^d Page
Strike out the Words "On the Eastern Shore" and Insert in the
same Line betwixt the Words "aforesaid" and "or" the following
Words /Viz.^t/ to Serve on the Eastern Shore in the 18.^th Line
of the same page Strike out the Word "Tendering" and insert in
place thereof the words "tendering to make the same Alteration in
the last Line of the same Page, in the fourth Line of third Page
Strike out the Word twenty and insert the Word "fourteen" strike
out the Proviso begining in the Seventh Line of the same Page
and ending in the 9.^th Line in the 14.^th Line of the 4.^th Page Insert
the Word 12:^th betwixt the Words "and" and "Persons" after the
Proviso at the bottom of the 6.^th Page insert two following Clauses
Viz.^t

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
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 on 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 Appearance
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 Shown 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 Countys
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

p. 392

tryed at the Appearance Court. Be it therefore Enacted and declared
that when Copys of declarations are served or left According to the