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Proceedings and Acts of the General Assembly January 1637/8-September 1664
Volume 1, Page 147   View pdf image (33K)
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Assembly Proceedings, July—August 1642. 147

land Ireland or Virginia as the last port) Shall pay a custome
of five in the hundred to his Lordship This act to endure till
the end of the next Assembly

Liber
C & W H

An Act For Judges

The Judge in all causes shall be such person or persons as
are or shall be from time to time authorized thereunto by
Commission from or under the Lord Proprietarie (in his
absence from or under the Leivtent generall, Except that in
causes not limited in the rule or Sentence by any certain Law of
the Province Judgmt shall be by the Leivtent Generall & Councell
of the province then present in Court or the major part of them
(if it be in the Provinciall Court) or by the Leivtent generall of
the Province or Commander or Commisrs of the County then
present in Court or the major part of them (if it be in the
County Court) and if the votes of the said Judges be equall
that Sentence shall be entred wch is given by the cheif Judge
in Commisso Provided that no Judge exercise any act of
Judicature before he have taken an oath to administer equall
justice to all persons according to the laws of the province to
the best of his Skill & power and to delay nor deny to no
man right or Justice And in case of absence or infirmity of
the cheif Judge in Commisso upon any of the Court clays
appointed by the law & in cases wherein the said cheif Judge
in Commisso (other then the Leivtenant Generall) is interested
as a party The next in Commiss? (being present in Court)
shall supply his place during such his absence to all power and
effects which the said ordinary Judge was authorized in unless
some other be appointed by the Leivtenant Generall This
Act to endure till the end of the next Assembly

An Act For Rule of Judicature
Right & just in all civill Causes shall be determined accord-

p. 80

ing to the law or most Generall usage of the province since
its plantacon or former presidts of the same or the like nature
to be determined by the Judge And in defect of such Law
usage or president then right & just shall be determined
according to equity & good concience not neglecting (so far
as the Judge or Judges shall be informed thereof & shall
find no inconvenience in the applycation to this province)
the rules by which right & just useth & ought to be deter-
mined in England in the same or the like cases And all
crimes and offences shall be judged & determined according
to the law of the Province or in defect of certain Law then they

p. 81



 

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Proceedings and Acts of the General Assembly January 1637/8-September 1664
Volume 1, Page 147   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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