the whole Case to said Court and each party shall be there allowed the benefit of any further Plea or Evidence And if upon any such new Plea or Evidence the Judgement happen to be Reversed and Appellant shall have no Costs Granted for the first Tryal Be it further Enacted and Ordained by the authority aforesaid Quarter Sessions of the Peace That there shall be Held and Kept in each Respective County within this Province yearly at the times and places hereafter named and expressed Four Courts or Quarter Sessions of the Peace by the Justices of the Peace of the same County who are hereby Impowred to Hear and Determine all Matters relating to the Conservation of the Peace and Punishment of Offenders and whatsoever is by them Cognizeable according to Law That is to say For the County of Suffolk at Boston on the first Tuesdays in March Junc September and December For the County of Plymouth at Plymouth on the third Tuesdayes in March June September and December For the County of Essex at Salem on the last Tuesdayes in June and December at Ipswich on the last Tuesday in March and at Newbury on the last Tuesday in September For the County of Middlesex at Charlstown on the second Tuesdayes in March and December at Cambridge on the second Tuesday in September and at Concord on the second Tuesday of June For the County of Barnstable at Barnstable on the first Tuesdayes in April July October and January At Bristol for the County of Bristol on the second Tuesdays in April July October and January For the County of York at York on the First Tuesdayes in April and July and at Wells on the first Tuesdayes in October and January and for the County of Hampshire at North-hampton on the First Tuesdayes in March and June at Springfield on the last Tuesdayes in September and December and that there be a General Sessions of the Peace Held and Kept at Edgar Town upon the Island of Capawock alias Martha's Vineyard and on the Island of Nantucket respectively upon the last Tuesday in March and on the first Tuesday of October yearly from time to time And it is further Enacted by the Authority aforesaid That at the times and places-before mentioned Courts of Common Pleas there shall be Held and kept in each Relpective County and Islands before-named within this Province an Inferiour Court of Common Pleas by four of the Justices of and Residing within the same County and Islands respectively to be appointed and commissionated thereto any Three of whom to be a Quorum for the hearing and determining of all Civil Actions arising or hapning within the same tryable at the common Law of what nature kind or quality soever and upon judgment given therein to award Execution Appeal to the Superiour Court PROVIDED nevertheless That it shall be in the Liberty of the party cast in any of the said Inferiour Courts to Appeal from the Verdict and Judgment given therein unto the next Superiour Court to be held within or for the same County the case there to be Tryed to a Final Issue Review Or by a new Process once and no more to review the said case in the same Court where it was first Tryed and within the space of ten days after judgment given upon such Tryall by review the party agrieved may bring his Wrirt of Error for a Tryall of the said Case at the next Superiour Court to be held within or for the same County there to receive a Final Issue and Determination PROVIDED also that the Party Appealing or bringing any Writt of Error as aforesaid shall first enter into Recognizance with sufficient Sureties before one or more of the Justices of the Court appealed from and upon Writt of Error before one or more of the Justices of the Superiour Court in double the value of the Debt or Damage recovered that he will prosecute the same Appeal or Writt respectively with effect and abide the Order of the Court no Appeal to be admitted after the time of the Courts Sitting nor after Execution Granted and the Party Appealing to bring the Copies of the whole Case unto the Superiour Court where each Party shall be allowed the benefit of any new and further Plea Evidence And if upon any such new Plea and Evidence the Judgement happen to be Reversed the Appellant shall have no Cost granted him for the first Tryal PROVIDED also That every Appellant as aforesaid shall give in a Declaration briefly setting forth the Reasons of his Appeal unto the Clerk of the Court Appealed from fourteen days inclusively before the Sitting of that Court where such Appeal is to be Tryed And it is further Enacted by the authority aforesaid That there shall be a Superiour Court of Judicature over this whole Province Superiour Court to be Held and Kept annually at the Respective Times and Places hereafter mentioned by one Chief Justice and four other Justices to be Appointed and Commissionated for the same Three of whom to be a Quorum who shall have Cognizance of all Pleas Real Personal or Mixt as well in all Pleas of the Crown and in all Matters Relating to the Conservation of the Peace and Punishment of Offenders as in Civil Causes or Actions between Party and Party and between Their Majesties and any of their Subjects whether the same do Concern the Realty and Relate to any Right of Freehold and Inheritance or whether the same do concern the Personalty and Relate to matter of Debt Contract Damage or Personal Injury and also in all Mixt Actions which may Concern both Realty and Personalty and after Deliberate Hearing to give Judgment and Award Execution thereon The said Superiour Court to be Held and Kept at the times and places within the Respective Counties following That is to say within the County of Svffelk At Boston on the last Tuesdayes of April and October Within the County of Middlesex at Charistewn on the last Tuesdayes of July and January Within the County of Fssex at Salem on the Second Tuesday of November and at Ipswich on the Second Tuesday of May. Within the Counties of Plimouth Barnstable and Bristol At Plimouth on the last Tuesday of February and at Bristol on the last Tuesday of August And be it further Enacted by the authority aforesaid That the Tryal of all Civil Causes by Appeal or Writ of Error from any of the Inferiour Courts within the Respective Counties of York or Hampshare the Islands of Capawock alias Martha's-Vineyard and Nantucket shall be in the Superiour Court to be Held at Boston or Charlstown And further it is Enacted That when Court of Assize General Goal Delivery and in what County soever the said Superiour Court shall Sit the Justices thereof shall Hold a Court of Assize and General Goal Delivery for the said County at the same time as occasion shall be And there shall be Held and Kept a Court of Assize and General
Hereditaments shall or may be Molested Troubled Defeated Recovered or Charged or shall as is aforesaid Forge Make or Cause or Assent to be Made or Forged any Obligation or Bill Obligatory Letter of Attourney or any Acquittance Release or other Discharge of any Debt Accompt Action Suit Demand or other thing personal Or if any person or persons shall Pronounce Publish or Shew forth in Evidence any such False and Forged Deed Conveyance Writing Obligation Bill Obligatory Letter of Attorney Acquittance Release or Discharge as true Knowing the same to be False and Forged as is aforesaid to the Intent above Remembred and shall be thereof Convicted either upon Action or Actions of Forger of False Deeds to be Founded upon this Act at the Suit of the Party grieved or otherwise according to the Order and due Course of Law or upon Bill or Information That then every such Offender shall pay unto the Party grieved his double Costs and Damages to be found and Assessed in such Court where the said Conviction shall be and also shall be Set upon the Pillory in some Market Town or other open Place and there to have one of his Ears cut off and also shall have and suffer Imprisonment by the space of one whole Year without Bail or Mainprize And the Party or Parties grieved by reason of any of the Offences aforesaid may take his or their Suit against any such Offender or Offenders in any Court of Record where no Essoign Injunction or Protection shall be allowed the Party Defendant Provided always and it is Enacted by the Authority aforesaid That this Act or any thing therein contained shall not extend to charge any Judge of Probate or Register with any the Offences aforesaid for putting their Seal of Office to any Will to be Exhibited unto them not knowing the same to be False or Forged for Writing of the said Will or Probate of the same Nor to any other Person or Persons that shall shew forth or give in Evidence any False or Forged Writing for true or good being not party or privy to the Forging of the same nor knowing the same to be False or Forged any thing in this Act to the contrary notwithstanding And it is further Enacted and Ordained by the authority aforesaid If Any Person or Persons either by the Subornation unlawful procurement reward Sinister perswasion or means of any other or by their own Act Wilful Perjury Consent or Agrement shall Wilfully and corruptly commit any manner of Wilful Perjury by his or their Deposition in any Court of Record or being Examined Ad Perpetuam rei memoriam That then every Person and Persons so Offending and being thereof duely Convict or Attainted By Law shall for his or their Offence Loose and Forfeit Twenty Pounds the one Moity thereof unto their Majesties and the other Moity to such Person or Persons as shall be Grieved hindred or Molested by reason of any such Offence that shall Sue for the same by Action of Debt Bill Plaint Information or otherwise in any Court of Record in the which no Wager of Law Essoign Protection or Injunction to be allowed And also to have Imprisonment by the Space of Six Months without Bail or Mainprise And the Oath of such Person or Persons so Offending not to be received in any Court of Record until such time as the Judgment given against the said Person or Persons shall be reversed by attaint or otherwise and upon every such reversal the Parties agrieved to recover his or their Damages against all and every such Person Persons as did procure the said Judgment so reversed to be given against them or any of them by Action or Actions upon his or their Case or Cases according to the Course of the Common Law AND if it happen the Said Offender or Offenders so Offending not to have any Goods or Chattels to the Value of Twenty Pounds that then He or they be Set on the Pillory by the space of one whole hour in some Market Town where the Offence was Committed or next adjoyning to the place where the Offence was Committed and to have both his Ears Nailed and from thence forth to be discredited and disabled for ever to be sworn in any Court of Record until such Time as the Judgment shall be reversed AND all and every person and persons who shall unlawfully and corruptly procure any Witness or Witnesses by Letters Rewards Promises or by any other Sinister and unlawful Labour or Means whatsoever to Commit any wilful and corrupt Perjury in any Matter or Cause whatsoever Depending or that shall Depend in Suit and Variance by any Writ Action Bill Complaint or Information in any Court of Record or to Testifie in perpetuam rei memoriam Every such Offender being thereof duely Convict or Attainted by Law shall for his or their Offence be proceeded against and suffer the like Pains Penalties Forfeitures and Disability in all respects as above-mentioned And it is further Enacted by the authority aforesaid That all the aforesaid Forfeitures and Sums of Money arising for any Offence Mentioned in this Act and every Branch thereof and not otherwise disposed of shall be unto Their Majesties for and towards the Support of the Government of this Province and the Incident Charges thereof An Act For the Punishing of Capital Offenders BE it Ordained and Enacted by the Governour Council and Representatives in General Court assembled And by the authority of the same That all and every of the Crimes and Offences in this present Act hereafter mentioned be and hereby are declared to be Felony And every Person and Persons Committing any of the said Crimes or Offences being thereof-Legally Convicted shall be Adjudged to Suffer the Pains of Death Idolatry IF any Man shall have or Worship any other god but the TRUE GOD. he shall be put to death If any Man or Woman be a WITCH Witcheraft that is hath or consulteth with a Familiar Spirit they shall be put to death If any person shall presume to Blaspheme the Holy Name of GOD Blasphemy FATHER SON or HOLY GHOST either by wilful or obstinate denying the True God or His Creation or government of the World or shall Curse God in like manner or Reproach the Holy Religion of God as if it were but a Politick Device to keep Ignorant people in Awe or shall utter any other kind of Blasphemy of the like nature or degree he shall be put to death If any person or persons shall compass or imagine the Death of Our Soveraign Lord the King or of Our Lady the Queen High Treason or shall Levy War against Our said Lord and Lady the King and Queen or adhere unto Their Enemies giving to them aid and comfort and thereof be attainted or convicted of open Deed by their Peers upon the Testimony and Deposition of Two lawful and credible Witnesses on Oath brought before the Offender Face to Face at the time of his
in the Province with two or more Justices of the Peace Dwelling in the Town or two of the next Justices in the County Slaughter-Houses Still-Houses c. to be in certain places assigned no other shall at or before the last day of March One Thousand Six Hundred Ninety Three Assign some certain places in each of said Towns where it may be least offensive for the Erecting or Setting up of Slaughter-Houses for the Killing of all Meat Still-Houses Houses for Trying of Tallow Currying of Leather which Houses may be Erected of Timber the Law referring to Building with Brick or Stone notwithstanding And shall cause an Entry to be made in the Town-Book of what places shall be by them so Assigned and make known the same by Posting it up in some Publick Places of the Town At which Houses and Places respectively and no other all Butchers and Slaughter-men Distillers Chandlers and Curriers shall Exercise and Practice their Respective Trades and Mysteries on pain that any Butcher or Slaughter-man transgressing of this Act by Killing of Meat in any other place for every Conviction thereof before one or more Justices of the Peace shall Forfeit and Pay the Sum of Twenty Shillings And any Distiller Chandler or Currier offending against this Act for every Conviction thereof before Their Majesties Justices at the General Sessions of the Peace for the County shall Forfeit and Pay the Sum of Five Pounds one third part of said Forfeitures to be to the use of Their Majesties for the Support of the Government of the Province and the Incident Charges thereof one Third to the Poor of the Town where such Offence shall be Committed and the other Third to him or them that shall Inform and Sue for the same And for preventing of Cruelty to Bruit Creatures It is further Enacted by the Authority aforesaid Crueky to bruit Creatures forbidden That all Calves Sheep or Lambs brought alive to the Market shall be either driven or carried in Carts Sleds Panyers or Boats and not otherwise on pain of Forfeiting of all Calves Sheep or Lambs passing towards or brought alive to the Market laid across or hanging by the sides of Horses as has been usual or in any other way contrary to the true Intent of this Act One half of all such Forfeitures to be unto the Informers who shall Seiz and Prosecute for the same and the other Moity to the use of the Poor of the Town where such Seizure shall be made to be distributed by the Select-men or Overseers of the Poor And all Select-men Overseers of the Poor Constables Tythingmen and other Officers in any Town upon their own view or Information of any Transgression of this Act within their respective Precincts shall and hereby are Impowred to Seiz or cause to be Seized all Calves Sheep or Lambs that shall be carrying or brought alive to the Market in any other way than is before Directed And upon due proof thereof made before one or more Justices of the Peace shall be Forfeited and the same or the value thereof be disposed of as aforesaid And all Veal or other Meat exposed to Sale that shall be blown up or winded shall be alike Forfeited and Disposed of An Act For Affirming of former Judgments and providing for Executions VVHEREAS upon Tryals had in the late Courts of Judicature within the several Colonies now by Their Majesties Royal Charter United and Incorporated into one Province by the name of the Province of the Massachusetts-Bay several Judgements were obtained of which Execution remains to be done and some others are depending by Appeal according to the course and practice of the Courts then in being To the end that there be no failure of Justice for want of a due course of Law for the Prosecuting Obtaining and Levying of the same Be it Enacted and Ordained by the Governour Council and Representatives Convened in General Court or Assembly and by the Authority of the same That where any Appeal as aforesaid is depending having not been heard every such Appellant shall have a Summons from the Clerk of the Superiour Court unto the adverse party to be Served upon him seven days inclusive before the Courts Sitting Requiring him to appear at the first Superiour Court to answer the said Appeal where the same shall be Heard and Tryed according to former Usage upon the first Evidence and no other And the Judgement to be Affirmed or Reversed as the Case shall there be Judged upon Tryal And if the Appellant neglect to Appear or Prosecute his Appeal the former Judgement shall be Affirmed and Execution Awarded accordingly And it is further Enacted by the Authority aforesaid That where Judgement has passed in any County Court or Court of Commissioners and Execution has not been Taken out and Levied for satisfying of the same the Party for whom any Judgement was so given his Executors or Administrators shall have a Writ of Scire Facias from the Clerk of the Inferiour Court of Pleas within the same County in which such Judgement was obtained unto the Adverse Party to appear before said Court to shew cause if any there be why Execution should not Issue forth And in case of Non Appearance or that sufficient cause be not shewn to the Court the former Judgement shall be affirmed and Execution granted accordingly the Costs of this Tryal to be added unto the same Provided that the said Writ of Scire Facias be Served seven days inclusive before the Courts Sitting And be it further Enacted by the Authority aforesaid That after one year Expired next after giving Judgement in any Court of Record within this Province No Execution after one year expired to be granted without a Scire facias no Execution for such Judgement shall be Issued out until a Writ of Scire Facias hath been Granted out of the same Court and Served upon the Adverse Party as is before directed or left by the Sheriff his Under-Sheriff or Deputy at his Dwelling or Place of usual and last Abode requiring him to appear and shew cause if any he have why Execution ought not to be done And upon his Non Appearance or not shewing of sufficient cause as aforesaid The Court shall thereupon Award Execution An Act For the Orderly consummating of Marriages BE it Ordained and Enacted by the Governour Council and Representatives in General Court Assembled and by the Authority of the same Justices or Ministers respectively to Solemnize Marriages That every Justice of the Peace within the County where he resides and every Setled Minister in any Town shall and are hereby respectively Impowred and Authorized to Solemnize Marriages within their Respective Towns and Counties betwixt Persons that may lawfully Enter into such Relation having the consent of those whose immediate care and Government they are under and being likewise first Published by asking their Banns at three several Publick Meetings in both the Towns where such Parties respectively
in every Sea-port-Town within this Province the Constable or Constables are to provide upon the Towns Charge One Hundred Weight one Half Hundred one Quarter of an Hundred and one Fourteen Pounds Weight made of Iron to be Tried Proved and Sealed as aforesaid and be kept as Standards in the said several Towns to be used as before for other Weights and Measures is directed An Act Against the Counterfeiting Clipping Rounding Filing or Impairing of Coynes WHEREAS divers False and Evil Disposed Persons have attempted and practised for Wicked Lucre and Gains sake to Diminish Impair and Falsifie the Money and Coynes Currant within this Province by Counterfeiting or Clipping Rounding or Filing thereof not only to the great Discredit of the Province and the Government thereof but also to the great Loss and Damage of Their Majesties Subjects and more is like to be if the same be not speedily met withal and prevented For Remedy whereof BE it Enacted and Declared and Established by the Governour Council and Representatives in General Court Assembled and by the Authority of the same That the Coyn of the Late Massachusetts Colony Massachusetts Coyn pieces of Eight of 17 penny weight made currant shall pass currant at the rate it was Stampt for And Pieces of Eight Sevil Pillar and Mexico of full Seventeen penny Weight shall pass Currant at Six Shillings Per Piece and Half Pieces of Due Weight Pro Rato and Quarter Pieces of the same Coin at Sixteen pence Per Piece and Realls of the same Coin at Eight Pence Per piece And whosoever from and after the Publication of this Act shall Attempt and Practice the Counterfeiting or Clipping Rounding Filing or otherwise Diminishing Penalty for Counterfeiting Clipping c. of Coyns or Debasing any of the Monies and Coins Currant within this Province being thereof Lawfully Convicted before the Justices of Assize shall Forfeit double the value of the Money so Counterfeited Clipped Rounded or Filed One Half to Their Majesties towards the Support of the Government And the other Half to the Informer And shall also stand in the Pillory in some open Place in the Shire Town of that County where the Offence is Committed and there have one of His Ears Cut off An Act For the Regulating and Encouragement of Fishery UPon Consideration of great Damage and Scandal That hath happened upon the account of Pickled Fish although afterwards Dried and hardly discoverable To the great Loss of many and also an ill Reputation on this Province and the Fishery of it BE it therefore Enacted by the Governour Council and Representatives Convened in General Court or Assembly and it is Enacted by the Authority of the same That no person or persons whatsoever No Mackerel to be Salted up before the first of July after the Publication hereof shall Save or Salt any sort of Fish that it intended to be dried in Cask or Fattes or any other way then what hath formerly and honestly been practised for the making of dry Fish on penalty of Forfeiting all such Fish so Salted and Pickled whether it be Green or Drye How dry Fish shall be Saved The one Moiety thereof to the use of the Poor of the Town where the Offence is Committed and the other Moiety to the person that shall Sue for the same And it is further Enacted by the authority aforesaid That henceforth no Mackrel shall be Caught except for spending whilst fresh before the first of July annually And no person or persons whatsoever after the publication hereof shall at any time or place within this Province Take Kill or Hale ashore any Mackrell with any sort of Nets or Sa'ens whatsoever on penalty of Forfeiting all such Mackrel so Taken or Haled ashore Penalty for Taking Mackarel in Netts or Sâ—â—â—â—s and also all such Nets and Sa'ens which were so Imployed The one half thereof to Their Majesties towards the Support of this their Government and the other half to him or them that shall Inform and Sue for the same And all Justices are hereby Impowred and Required to Grant their Warrants for the Seizing of the same and the aforesaid Forfeitures or the Receiving of the like value in Currant Mony of this Province An Act For the Establishing of Judicatories Courts of Justice within this Province FOr the more Orderly Regulation and Establishment of Courts of Justice throughout this Province BE it Enacted and Ordained by His Excellency the Governour Council and Representatives Convened in General Assembly And it is hereby Enacted and Ordained by the Authority of the same That all manner of Debts Trespasses Justices Court and other Matters not exceeding the value of Forty Shillings wherein the Title of Land is not Concerned shall and may be heard Tryed Adjudged and Determined by any of Their Majesties Justices of the Peace of this Province within the Respective Countys where he resides Who is hereby Impowred upon complaint made to grant a Warrant or Summons against the Party complained of Seven Days before the day of Tryall or Hearing thereby requiring him or them to appear and answer the said Complaint and in case of Non-Appearance to Issue out a Warrant of Contempt directed to the Constable or other Officer to bring the Contemner before him as well to answer the said Contempt as the Plantiffs Action and if he see cause to Fine the said Contemner PROVIDED the said Fine Exceed not Ten Shillings to be accounted for to the Treasurer of the County towards the Support of the Government and after Judgment given in either Case may grant Warrants of Distress directed to the Constable or other Officer to Levy the said Fine debt or damage with Charges upon the Defendants Goods and Chattels who by vertue thereof shall expose the same to Sale returning the Overplus if any be to the Defendant And for want of such Distress to take the Body of such Defendant into Custody and him to carry and convey to the common Goal of the County or Precinct there to remain until he hath satisfyed the Said Fine Debt or Damage with Charges And in case such Complainant be Non-Suited or Judgment pass against him then the said Justice is hereby Impowred to Assess to the Defendant reasonable Costs against such Complainant to be Levied and recovered in manner form above Expressed And the said Justice is hereby required to keep fair Records of all his proceedings therein from time to time Provided always nevertheless That the Party Cast shall have Liberty to Appeal to the next Inferiour Court of Common Pleas to be Holden for the same County He entring into Recognizance with one sufficient Suretie in double the value of the Debt or Damage Sued for and sufficient to answer all Costs to prosecute the said Appeal there with Effect and to abide the Order of the said Court where such Case shall be Tryed there to receive a Final Issue Provided also That the party Appealing shall bring the Copies of
Goal Delivery for the Respective Counties and Places of York Hampshire the Islands of Capaweek alias Martha's-Vineyard and Nantucket within the same from time to time as the Governour and Council advising with the Justices of the Superiour Court shall Direct and Appoint according as occasion may be And it is further Enacted by the authority aforesaid Plaintiffs liberty to begin his Suit in the Inferiour or Superiour Court That it shall be in the Liberty of any Plaintiff to begin his Suit either in the Inferiour or Superiour Court at his pleasure and where the Original Process is made out of the Superiour Court the Party Cast shall have Liberty to Review his Case in the said Superiour Court once and no more PROVIDED Nevertheless That none of the said Inferiour Courts shall Receive any Action under the value of Forty Shillings nor shall any Action under the value of Ten Pounds be brought into the Superiour Court unless where Freehold is concerned No Action under Ten Pounds to come originally to the Superiour Court or upon Appeal And it is further Enacted by the Authority aforesaid That all Matters and Issues in Fact arising Matters of Fact to be Tryed by a Jury or happening within the said Province shall be Tryed by Twelve Good and Lawful Men of the Neighbourhood And that no person or persons shall be Chosen and Returned to Serve upon any such Jury but such as shall have a Real Estate of Freehold worth Forty Shillings per Annum or Personal Estate worth Fifty Pounds And for the more equal returning and appearance of Jurors to Serve in the several Courts It is Enacted by the Authority aforesaid That the Clerk of each Court respectively in convenient time Jurors how to be Chosen before the Sitting of such Coust shall Issue out Warrants directed to the Constables of the several Towns within the County or Jurisdiction of said Court or the most principal of them to Assemble the Frecholders and other Inhabitants of each several Town qualified as aforesaid to Serve as Jurors Requiring them to Choose so many good and lawful Men as the Warrant shall direct for Grand and Petit Jurors to serve at such Court and the Constable shall Summon the Persons so Chosen to attend accordingly at the time and place appointed and make timely Return of his Warrant unto the Clerk that Granted the same And no Person Serving as a Justice Juror Witness or otherwise shall be obliged to use any other Ceremony in taking of their Respective Oaths then lifting up the Hand as has been accustomed And be it further Enacted by the Authority aforesaid All Processes and Writs to Issue forth in Their Majesties Names Town-Clerk to grant Attachments for Cases triable before one Justice and Summons for Witnesses That all Processes and Writs shall Issue out of the Clerks Office of the said Respective Courts in Their Majesties Names under the Seal of the said Office and Signed by the Clerk and be directed to the Sheriff or Marshal of the County his Under-Sheriff or Deputy And where the Sum Sued for is under Ten Founds to direct also to the Constable of the Town PROVIDED Nevertheless That Replevins Summons and Attachments for any matter or cause Tryable before one Justice of the Peace and Summons for Witnesses in civil Cases may be Granted by the Town Clerk and directed to the Constable of such Town or to the Party to be Summoned for Witness And the Clerk of each Town respectively within this Province is hereby Impowred to Make and Grant such Writs and Processes as aforesaid and the Constable or Constables of such Town are Required to Execute them And all Procenes for Appearance as well in the Inferiour Court of Pleas as the Superiour Court of Judicature shall be Served and Executed fourteen days before the Sitting of such Court wherein such Writs shall be returnable and that all proper Original Processes in the said Courts shall be Summons Capias or Attachment And in case upon any such Summons duly Served and Affidavit thereof made in Court the Defendant do not appear by himself or his Attourney lawfully Authorized Judgment shall pass against him by Default And it is further Enacted and Declared by the Authority aforesaid That the Justices of the said several Courts be and hereby are Impowred to make necessary Rules and Orders for the more orderly practising and proceeding in said Courts Justices of Courts to make necessary Rules Orders and that no Summons Process Writ Judgment or other Proceeding in Courts or course of Justice shall be abated arrested or reversed upon any kind of Circumstantial Errors or Mistakes where the person and case may be rightly understood and intended by the Court nor through defect or want of form only And all Writs Processes Declarations Pleas Answers Replications and Entries in all the said Courts shall be in the English Tongue and no other And that it shall be in the Liberty of every Plaintiff or Defendant in any of the said Courts to Plead and Defend his own Cause in his proper person or with the Assistance of such other as he shall procure being a person not Scandalous or otherwise offensive to the Court. And it is hereby further Enacted by the authority aforesaid That there be a High Court of Chancery within this Province Court of Chancery who shall have Power and Authority to Hear and Determine all Matters proper and Cognizeable to said Court not Relievable by common Law the said Court to be Holden and Kept by the Governour or such other as He shall Appoint to be Chancellor Assisted with Eight or more of the Council who may appoint all necessary Officers to the said Court which said Court shall Sit and be Held at such times and places as the Governour or Chancellor for the time being shall from time to time Appoint PROVIDED Nevertheless That the Justices in any of the Courts aforesaid where the Forfeiture of any Penal Bond is found shall be and hereby are Impowred to Chancer the fame unto the just Debt and Damages Provided also Appeal to Their Majesties in Council That either Party not resting satisfied with the judgment or Sentence of any of the said Judicatories or Courts in personal Actions where in the matter in Difference doth exceed the value of Three Hundred Pounds Sterling and no other may Appeal unto Their Majesties in Council such Appeal being made in time and Security given according to the Directions in the Charter in that behalf And it is further Enacted by the authority aforesaid That Two Shillings Per Diem shall be accounted due satisfaction to any Witness for his Travel and Expences Witnesses allowance and no more to be allowed in civil Causes and if such Witness live within Three Miles of the Place of the Courts Sitting whereto he is Summoned and be not to pass any Ferry then One Shilling and Six-pence Per Diem shall be accounted sufficient And