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Proceedings and Acts of the General Assembly January 1637/8-September 1664
Volume 1, Page 183   View pdf image (33K)
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Assembly Proceedings, September 1642. 183


it be in the Provinciall Court, or (if it be in the County Court)
the Comander and Commissioners of the County or the maior
part of them (then present in Court) shalbe Judge in all causes
(as aforesaid) not exceeding their Commission, so that after
iudgemt there be power of appeale to either partie to the Pro-
vinciall Court. Provided that the Lieutenant Grail of the
Prov: or any one of the Counsell, or the Comander of the
County of Kent, or (in his absence) the next in Commission
then being in the County, may determine & correct any
offences wch are or may be determined & corrected by a
Justice of Peace in England, any thing in this Act notwith-
standing.
And if the votes of the Judges be sequall, that iudgemt,
shalbe entred wch is given by the cheife Judge in Commission.
Provided that no Judge may exercise any act of Judicature
in any cause or matter wherein himselfe is interessed as a
party; nor before he have taken an oath to administer sequall
iustice to all persons according to the Lawes of the Province,
to the best of his skill and power & to delay nor deny to no
man right or iustice.
And in case of absence, out of the County or hundred, of all
others at that time in Commission, or in case of default of all
others in Commission (being in the County or hundred & hav-
ing lawfull notice &; warning of the Court) the cheife Judge in
Commission may iudge and determine all causes during such
absence or default, to all the same powers & effects as if the
rest in Commission were present & consenting with him.
And in case of absence or infirmity of the cheife Judge in
Commission vpon any of the Court daies appointed by the
Law; the next in Commission, then being in the County or
hundred (vnlesse some other of the Commission be appointed
by the Lord Proprietary or his Lieutenant Grail) shall hold the
Court & supply the place of the said cheife Judge to all intents
& purposes.
And in cases where the cheife Judge in Commission is is in-
teressed as a party, the next in Commission (then present in the

Liber P R

County or hundred) may award all processe necessary for for
bringing the cause to determination, and may appoint & hold
a Court for the determination thereof in the same manner &
to all the same effects & powers, as the said cheife Judge
might in other cases Provided that the Lieutant Grail be not
suable for any cause or matter arising in or far the exequi-
tion of his Office, nor that any processe be awardable against
his person, nor the persons of his necessary meniall servants
(in the cases aforesaid) nor that any processe be awardable
against his goods or chattells, vntil the partie have delivered to
the Judge the petition containing the right or damage in

p. 19



 
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Proceedings and Acts of the General Assembly January 1637/8-September 1664
Volume 1, Page 183   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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