APPENDIX G.

An Ordinance for Regulating Courts of Judicature in the Province of New-Jersey.

GEORGE the Second, by the Grace of God, of Great Britain, France and Ireland, KING, Defender of the Faith, &c. Whereas the present Ordinance for Regulating Courts of Judicature is found inconvenient to the Inhabitants of this Province, We have therefore thought fit to Ordain, and We do hereby Ordain, Direct and Impower Every Justice of the Peace residing within any Town or County in the Province of Nova-Cæsarea or New-Jersey, to have Cognizance of all Causes and Cases of Debt and Trespass, of the Value of Forty Shillings, or under; All which Causes and Cases shall and may be Heard, Tryed and finally Determined, without a Jury, by any of the said Justices of the Peace, as aforesaid, Excepting such Cases where the Titles of Land are or may be any wise concerned.

AND We do hereby further Ordain and Direct, That Process of Warning against Free-holders and Inhabitants shall be by Summons under the Hand of any of the said

Justices of the Peace, directed to the Constable of the Town or Precinct, or to any deputed by him, where the Party Complained against doth dwell or reside. Which Summons shall be served upon the Person or left at the House or Place of Abode of the Defendant, Four Days, at least, before the Time appointed for the Hearing of the Plaint. And in case the Defendant does not appear at the time appointed, on Affidavit made by the said Constable or his Deputy, That the said Summons was duly served on the Defendant's Person or left at the Defendant's House or Place of Abode, with some of the Family of the said Defendant, the Justice granting such Summons may, and shall not otherwise, proceed to Hear such Cause or Causes, and Determine the same in the Defendant's Absence, and grant Execution thereupon, directed to any of the Constables or Deputy Constables, to be levyed upon the Defendant's Goods and Chattels, and for want thereof upon the Person of the Defendant, which he is hereby Impowered and Directed to execute accordingly.

And We do hereby further Ordain and Direct, That the Process against an Itinerant Person, Inmate or Foreigner shall be by Warrant from any one Justice of the Peace, to be served by any Constable or his Deputy within that County, who shall, by virtue thereof, Arrest the Party, and him safely keep till he shall be carried before the said Justice, who shall and may immediately Hear, Try, and finally Determine all such Causes and Cases of Debt and Trespass, as aforesaid, to the Value of Forty Shillings, or under, by Awarding Judgment and Execution. And if Payment be not immediately made, the Constable shall deliver the said Party to the Sheriff of that County, who is hereby Required and Impowered to take him into Custody,

and him safely keep until Payment be made of the same, with Charges.

Provided always, and We do hereby further Ordain and Direct, That an Appeal shall be allowed to the Justices of the same County at the next General Court of Sessions of the Peace held, for any Sum upwards of Ten Shillings, in all Causes or Cases cognizable before them.

And Whereas We are given to understand, that many of the Inhabitants of Our said Province live Remote from the Places in which We have appointed Our Supreme Court to be held, and that it will be of great Ease and Conveniency to the said Inhabitants that a Court be held in each County, for the Hearing, Trying and Determining of such Actions and Causes of Actions as shall arise within each of the said Counties, and Determinable by Juries of the same, We being willing and desirous to promote the Ease, Well-being and Security of all Our Loving Subjects, Inhabitants of the said Province of New-Jersey, and that Right and Justice might be distributed among them, and that all matters of Difference may be by their Equals and Neighbors, as nigh as the present Circumstances of Our said Province will admit, according to the good and ancient Laws and Usages of Our Kingdom of Great Britain, Do Ordain and Direct, That the County Courts for holding of Pleas, continue to be held and kept in each of the several and respective Counties of Our Province of New-Jersey, to Hear, and by the Verdict of Twelve Good Honest and lawful Free-holders inhabiting within the said respective County where the said Court is held, to Try and Determine all Suits, Controversies, Quarrels and Differences that may arise within the said County between Our Loving

Subjects, for any Sum above the Value of Forty Shillings, (Causes wherein the Right or Title of any Lands, Tenements or Hereditaments in any wise concerned, Excepted,) Which said Suits, Controversies, Quarrels and Differences shall be Tryed and Determined in the said Courts by a Jury of Twelve Good and Lawful Free-holders as aforesaid, and not otherwise.

And Whereas it may so happen, that by the Craft and Artful Practice of the Persons Concerned in the said Causes, Quarrels and Controversies Tryable in the said County Court for holding of Pleas, the said Causes, Quarrels and Controversies may be drawn, contrary to Our Royal Intention, from the Examination of the Jury, to the great Delay and Hindrance of Justice; and it may also happen, that upon special Verdicts given in Our said County Courts for holding of Pleas, and upon the Pleadings before and after Verdicts, Matters of Law may arise, We have therefore thought fit to Ordain and Direct, That on any Special Verdict found by a Jury in any of the said Courts, or any Joinder in Demurrer, or Pleading before or after Verdict, wherein the matter of Controversy is above Twenty Pounds, whereby any Points of Law may be in issue, (such Points of Law as are necessary to be Determined by the Judges of the said Courts, for the Regulation and Information of the Jury, only Excepted,) That then and in such Case, the Clerks of any of the said County Courts, respectively, where the same shall happen, shall make up a Record of all the Pleadings or Special Verdicts, as the case may happen, and Transmit the same to the Chief Justice of the Supreme Court, at the next Supreme Court that shall sit after such Joinder in Demurrer, Pleading made or Special Verdict given, that Judgment may be given thereon, by the Justices of Our Supreme Court.

And We do hereby Ordain and Direct, that the Courts of General Sessions of the Peace, and County Courts for holding of Pleas, shall be held and kept in each respective County within this Province, at the Times and Places hereafter mentioned, that is to say, The first and next Court of Sessions and Pleas, at the Times and Places to which the same Courts were respectively last Adjourned, and afterwards, in every year, to be Opened on the following Days, viz.

For the County of Bergen, at the Court-house of the said County on the second Tuesday of June, first Tuesday of October, first Tuesday of January, and first Tuesday of April.

For the County of Essex, at Newark, on the third Tuesday of June, fourth Tuesday of September, second Tuesday of January, and second Tuesday of April.

For the County of Middlesex, at the City of PerthAmboy, on the third Tuesday of July, second Tuesday of October, third Tuesday of January, and third Tuesday of April.

For the County of Somerset, at the Court-house of the same County, on the second Tuesday of June, first Tuesday of October, first Tuesday of January, and first Tuesday of April.

For the County of Monmouth, at the Court-house of the same County, on the fourth Tuesday of July, third Tuesday of October, fourth Tuesday of January, and fourth Tuesday of April.

For the County of Hunterdon, at the Court-house of the same County, on the third Tuesday of May, first Tuesday of August, fourth Tuesday of October, and first Tuesday of February.

For the County of Burlington, at the Town-house of