DECREES. See Prerogative Court, 2-4.
DEDUCTION, See Tobacco Debts, 1, 2, 8.
DEED of Gift. See Negroes, 50. Secret Sales, 1.
DEED of Sale shall take Effect from the Day of Enrolment,
and not from the Day of Date. See Conveyances,
9.
DEER.
1. For Preservation of the Breed
of Wild Deer, No
Person within this Province, (Friend Indians excepted)
shall kill any Deer, between the first Day of January,
and the last Day of July in every Year; under the Penalty
of 400 lb Tobacco for every Deer so killed; to
be recovered before a single Magistrate as in Case of
small Debts; one Half to the County School, the other
to the Informer. 1730, ch. 17, §. 2.
2. Persons in whose Custody any Deer's Flesh shall
be found, which shall appear to have been killed within
the Time before limited, shall be liable to the said Penalty,
unless they make appear before a Magistrate,
who was the real Killer of the Deer, or from whom
they received the same. Ibid. §. 3.
3. The Liberty given in this Act to Indians,
shall
extend only to the Killing of Deer, to their private
Use, and not for Sale. Ibid. §. 4.
4. No Inhabitant within this Province shall purchase
any dead Deer, or Part thereof, of any Indian, within
the Time prohibited by this Act, under the Penalty
aforesaid. Ibid.
DELEGATES.
1. Writs of Election shall be
issued Forty Days at
least before the Meeting of the Assembly. (For the
Form of the Writ, see the Act.) 1716, ch. 11, §.
3.
2. The Four Delegates to be elected for each County,
shall attend at the Time and Place of Meeting of
such ASsembly, without any farther Writ or Summons,
under Penalty of such Fines as shall be imposed upon
them by the Lower House, unless upon sufficient Excuse,
to be allowed by the said House. ibid. §. 4.
3. No Ordinary-Keeper, or other
Person disabled
by the Laws of England from sitting in Parliament, shall
be elected or serve in the Assembly. Ibid. §. 5.
4. Any Sheriff not giving speedy Notice to the
Inhabitants
of the Time and Place of such Election, as
well by Proclamation, as by causing the same to be
read in all Churches and other Public Places within
his County, as also by Notes set up at such Places,
requiring such Inhabitants (under Penalty of 100 lb
Tobacco) to appear at such Time and Place; or making
any undue or illegal Election or Return; or neglecting
to make Return of the Delegates so elected, by
Indenture, before the Day of Sitting, &c. shall for
every such Fault, be fined at the Discretion of the
Lower House, not exceeding 250 l. Sterling: One
Half to the Support of Government, the other to the
Person informing or suing for the same; to be recovered
in a Court of Record having Jurisdiction of the
same, by Action of Debt, &c. Ibid. §. 6.
5. Persons qualified to Vote, and neglecting to
appear
at the Time and Place of Election, forfeit 100 lb
Tobacco; one Half to the County Charge, the other
to the Informer, who shall complain to one or more
Magistrates of such Offence: Which Magistrates shall
determine, and award Execution, unless such Persons
shall at the next County Court, shew sufficient Cause
of Absence. Ibid. §. 7.
6. This Act shall not exclude any County, City,
or Borough hereafter to be erected, from the Election
of Burgesses, Delegates, and Representatives. But
such Writ, on calling every ASsembly, shall be directed
tot he Sheriff of every such County, and to the
Mayor, Recorder and Aldermen of every such City or
Borough, commanding them to cause Four Freemen
of such County, and Two Freemen of such City, &c.
qualified as in the said Writ is expressed, to serve as
Delegates, &c. in the ensuing Assembly. Which
Four
Delegates for every such County, and Two for the |
DELEGATES.
City or Borough, shall be deemed Members of the
Lower House. Ibid. §. 8.
7. All Councillors shall be allowed 150 lb Tobacco
per Day, and each Delegate and Burgess 140 lb Tobacco
per Day, during their Attendance at such Assemblies
(besides their itinerant Charges) to be paid
out of the public Levy. Ibid. §. 9. But See
Annapolis,
16.
8. On Death or Removal of any Member, Writs
of Election shall immediately issue (upon the Speaker's
Warrant to the Secretary) directed to the several Persons
or Bodies Politic, to whom the Execution of such
Writs shall belong; who shall immediately proceed to
the Execution thereof according to the Act of 1716,
ch. 11, without any Regard to the Time between the
Test and Return of such Writ, so as public Notice be
given in a County according to the said Law; and
Four Days Notice of Election in a City or Borough.
1718, ch. 1, §. 2.
9. All protested Papists are declared incapable
of
Voting in Elections, unless they first qualify by taking
the Oaths appointed by the Act of 1716, ch. 5,
and subscribe the Oath of Abjuration and the Test.
Ibid. §. 3.
10. Sheriffs and other Judges of Elections, shall,
as often as they see needful, or on Information or any
other Person qualified to Vote, tender the aforesaid
Oaths and Subscriptions to Persons suspected to be
Papists, or Popishly inclined; and set aside their Votes
on Refusal. Ibid. §. 4.
11. But this shall not debar Quakers from their
Votes, they being otherwise duly qualified. Ibid. §.
5.
(See below, Art. 13.)
12. Sheriffs, or Bodies Politic, making undue
Return,
contrary to the Intent of this, or the Act of
1716, ch. 11, shall be liable to the Penalties which
Sheriffs are made liable to by that Act; (See above,
Art. 4.) to be recovered and applied as therein mentioned.
Ibid. §. 6.
13. Doubts having arisen on the Construction of
the Proviso in the above Act, (see above, Art. 11,) it
is declared, that in all Cases where the People of this
Province are obliged to take the Oaths to his Majesty's
Government, the Quakers shall likewise be obliged to
take their Affirmation instead of such Oaths. 1724,
ch. 18.
14. Delegates are exempted from serving as Jurors
See Jurors, 4.
15. Inspectors shall not be capable of being elected
Delegates, &c. See Inspectors, 46.
See Jurors, 4. Militia, 2.
DEMAND of DEBTS.
1. That no honest Debtor, who
hath not fled or
absconded from Justice, may be surprized by unnecessary
and vexatious Suits, no Person residing in or
trading to this Province, shall sue for any Book Debt,
&c. for which the Debtor hath not passed his Hand
and Seal, without first demanding the same of the
Debtor at his Habitation; of which Demand the Creditor's
or Demandant's Oath shall be Proof. 1729,
ch. 20, §. 3.
2. If the Debtor be not at home, then shall the
Demandant leave a Note under his Hand, of the Time
when, and the Person to whom it shall be paid. And
if not paid accordingly, the Creditor may then sue, and
recover Costs and Damages. Ibid.
3. But if the Creditor sue without making
such Demand,
he shall lose his Costs; but shall have Judgment
for the Debt or Damages, or Balance appearing
due thereon. Ibid. §. 4.
See Public Dues, 1.
DEPUTY CLERKS. See Attorneys, 1. Records, 1.
DEPUTY-COMMISSARY.
1. The Commissary-General shall
appoint a sufficient
Freeholder in each County, to take the Probat of |