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Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 282   View pdf image (33K)
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282 Assembly Proceedings, March 20, 1734/5-April 24, 1735.

Session
Laws
p. 4

Thirty Five, shall be adjourned to, and held on the Second Tuesday
of July next ensuing the said Third Tuesday of May; and that all
Writs, Process, and Proceedings whatsoever, Civil and Criminal,
issued, made, taken, or returnable, to the Third Tuesday in May
aforesaid, shall be held, deemed, taken, construed, and adjudged, as
if made, issued, or taken, returnable to the said Second Tuesday in
July aforesaid; And that Notice of Tryal, or of the Execution of
Warrants of Re-survey, or other Proceedings, preparatory to a
Tryal, in any Cause, being given within the Time limited by Law,
before the holding of the Assizes or Provincial Court, according to
the Directions of this Act, shall be as available in Law, to all Intents
and Purposes, as if given within the limited Time before the usual
Times of holding the said several and respective Courts.
And be it further Enacted, by the Authority aforesaid, That all
Judgments and other Proceedings, either Civil or Criminal, which
shall be rendered or had at the Courts of Assizes, Nisi Prius, Oyer
and Terminer, and Goal Delivery, to be held in the Month of May;
and in the Provincial Court to be held in July, according to the Direc-
tions of this Act, shall be as good, valid, and effectual, to all Intents
and Purposes, as if the said Courts were to be held in the Months of
April and May, according to the Laws now in Being: And that no
Judgment or Execution, either Civil or Criminal, shall be stayed,
arrested, or reversed, for or by reason of any Variance, or other
Defect or Error in any Writ, Process, or Proceeding whatsoever,
that shall be occasioned by holding the several Courts in this Act
mentioned, according to the Directions thereof; any Law, Usage, or
Custom to the contrary, notwithstanding.
And be it further Enacted, That no Action or Actions now depend-
ing in the Provincial Court be discontinued, for or by reason that
such Action or Actions hath or have been continued longer than the
several Acts of Assembly limiting the Continuance of Actions pre-
scribe; and that it shall and may be lawful for the Justices of the
Provincial Court, to continue any Action or Actions now depending
in the said Court, and which hath or have been already depending
longer than the Time limited for Continuance of Actions; or which
cannot conveniently be tried within the Time now limited by Law,
Two Courts longer than the Laws now in Being, limit and appoint ;
any Law, Usage, or Custom to the contrary notwithstanding.
And be it further Enacted by the Authority aforesaid, That it
shall and may be lawful for the several and respective Justices of the
County Courts within this Province, who already have adjourned,
or shall adjourn this present March Court to any Time before June
Court next; and who shall be hindered from proceeding to Business,
either by the Continuance of this Session of Assembly, or Sitting
of the Superiour Courts of Judicature, or who shall not be able to
finish the Business before them at the Times to which such Adjourn-



 

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Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 282   View pdf image (33K)
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