150 Assembly Proceedings, July — August 1642.

Liber
C & W H

heard and ordered upon the request of either partie And no
Court may be held for the determination of any civill Cause
upon any other then the days afores^d untill the holding of such
Court have been published by some note sett up at the usuall
Place at the least ten days before to the end all persons whom
it Concerns may have notice of it This Act to endure till the
end of the next Assembly

An Act providing remedy for Plantifs in some
Cases

The Defendant returned served & defaulting in appearance
the Judge may admitt the plantiff to prove his demand and if
he see cause may proceed to judgm^t And any writt shall be
judged Sufficiently served if it, were shewen declared or tcndred
to the party or left at his usuall plantacon in presence of his
wife Servant mate or child of age And affidavit made that
the party had or might have knowledge of it. And in case
where the defend^t is not an inhabitant of the or is absent out
of it the judge may give reasonable time for his answere accord-
ing to the Case and in default of answere may admit the
plantife to prove his demand & proceed to judgm^t if he see
cause where any party is presented or indicted by 12 freemen
to be fugitive out of the province such fugitives lands and
goods may be bound by judgm^t or delivered in execution to
the Creditors makeing such proof as the judge shall think
Sufficient and the residue (if any be) shall be delivered to the
party or parties lying within the province haveing next right
to Succeed & in defect of such shall be seized to the use of
the Lord Proprietarie & the goods of such person shall be dis-
posed of as in Case of intestate This Act to endure till the
end of the next Assembly

p. 85

An Act For the Formes of Proceeding in Causes

Every Judge & Court authorized or allowed by the Lord
Proprietarie or the law of the Province shall or may have and
use all necessary & Sufficient power for the admin istracon of
Justice & doeing or causeing right to be done to all persons
& appointing the formes & means of it & awarding all neces-
sary processe to that end in such form and unto such Effects
& under such reasonable penalties as the judge or Court shall
think fitt guiding themselves as neere as conveniently they may

to the former prcciclents & usages of the Court and in defect
thereof to the formes, of England in the same or the like cases
except were anything is Specially provided for by the Law of
the Province This Act to endure till the end of the next
Assembly