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Proceedings and Acts of the General Assembly January 1637/8-September 1664
Volume 1, Page 184   View pdf image (33K)
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184 Assembly Proceedings, September 1642.

Liber P 1' K

demand, & the Judge have signified the said petition to the
Lieutenant Grail, desiring him to doe such right, or satisfie
such damage as is demanded, or shew cause why he refuseth
so to doe, and the Lieutent Grall have refused to doe either;
and that after any processe awarded in the case aforesaid, if the
Lieutenant Grail shalbe ready to sett forth or appoint sufficient
distresse of goods to the value mentioned in the writt, no writt
may be served or laid vpon any others then those so sett forth &
appointed by himselfe. This Act to endure for three yeares
from this present day.

3 An Act for Rule of Judicature.

Right and iust in all civill causes shalbe determined according
to the Law or most generall vsage of the Province since it's
plantation, to be determined by the Judge. And in defect of
such Law or vsage, then right & iust shalbe determined
according to requity & good conscience, not neglecting (so far
as the Judge shalbe informed thereof, and shall find no incon-
venience in the application to this Province) the rules by
which right & iust useth and ought to be determined in Eng-
land in the same or the like cases
And all crimes & offences shall be iudged & determined
according to the Law of the Province, or (in defect of certaine
Law, then) according to the best discretion of the Court. Pro-
vided that no person be adjudged of life; member, or freehold,
nor be outlawed, or exiled, or fined to above the value of one
thousand weight of tobacco without Law certaine of the
Province: and that no corporall punishmt be inflicted by vertue
of this Act vpon a gentleman. This Act to endure for three
yeares from this present clay.

4 An Act touching Appeales

No appeale shalbe admitted from any inferior Court afore
iudgemt given, and vntill sufficient security shalbe putt in to the
cheife Judge of the said Court, for the prosequution of the
appeale within a certaine time reasonably given, and for abid-
ing & performing the iudgemt of the Superior Court. And if
the Superior Court find no cause of appeale, they may fine the
appellant, and adiudge double damages to the party greived.
This Act to endure for three yeares from this present day.

5 An Act appointing Court daies.

The first day (not being Sonday or holy day) in the severall
months of June, October, December ffebruary, March, and Aprill,



 
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Proceedings and Acts of the General Assembly January 1637/8-September 1664
Volume 1, Page 184   View pdf image (33K)
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