8o Assembly Proceedings, May 9-27, 1766.

Liber H. S.
No. 1

tiff Shall be desirous of a Speedy Trial 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
Appearance Court it Should be law full 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 Showed by the Defendant Why
there Should be an Imparlance and that as Jurors are not Sum-
moned 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

[Where the
Cause is to
be tried
when no
Occasion ap-

pears for on

Imparlance]

Cannot be tried at the Appearance Court Be it therefore Enacted
and declared that where Copies of declarations are Served or left
According to the direction of this 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
Witnesses
unable to
attend the
Assizes, as
valid as if
the Deposi-
tion of such
witnesses
was person-
ally 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 the tryal
of Causes to give their Evidence Viva Voce Without Apparent
Hazard of their lives or Health 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 be unable
to Attend According to Such Summons without the Apparent
Hazard of the Life or Health of Such Witnesses (to be made
Appear to the Satisfaction of the Court) that then and in every

p. 607

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 haveing timely Notice and Opportunity to Cross ex-
amine Such Witnesses) Shall be received as evidence on the Tryall
of the Cause Wherein Such Witness Shall be Summoned as if the
Witness Was Present and Should deliver his or her Testimony Viva
Voce any Law Custom or usage to the Contrary notwithstanding
Provided always that if any Such Witness Shall wilfully and cor-
ruptly Swear or Affirm falsely that then and in every such Case He
or She Shall be liable to the Same Prosecution Penalty and For-
feiture as Persons guilty of or committing corrupt and Wilfull
Perjury are liable to