the Captaine of such Company, to be disposed of for defraying the publick charge thereof; and in case such Capt. shall find a drum for the use of the company he shall deduct the price thereof out of the fines.

And it is hereby Enacted and ordained by the authority aforesaid, that all and every person & persons that hereafter shall be detached or Imprest out of any of the Companyes with in this province for their majest service by their superior officer, or by warrant from the Governor or Commander in Chief for the time being, or the Maj. of the Regiment, shall appear and attend such service at the time and place to be appointed on penalty of four pounds, to be Leveyed as aforesaid and disposed of to the use and Incouragement of such as shall goe in the service above mentioned; and if the refusal of such person or persons offending be accompanied with contempt, such person or persons shall be Punished with death or some other greivous punishment, as the matter may Require, at the discretion of a Court martiall; and for ye better releife and defence of any of the Townes & Garrisons with in this province that shall be attacked by the enemie,

It is hereby Enacted by the authority aforesaid, that each Capt. within this Province are hereby authorized and commanded to List or detach so many of his men not exceeding one third of his company-Provided always that there be not Less than five men Left in each Garrison— which men so Listed or detached shall be reddey upon the first advise of the enemie's attacke of any Towne or Garrison, by order of the chief officer of the Towne, forth with to march, under such Conduct the said chief officer of the Towne shall appoint, to the Reliefe of any Towne or Garrison soe attacked, and not to waite any further orders of any Superior Authority for their march, Least the time of doeing service should be elapsed; and in case any person or persons so listed or detached as aforesaid shall refuse or neglect, upon notice given, such March or attenddance upon such service, shall pay a fine not exceeding forty shillings, to be disposed of as Last above mentioned, or be punished with such corporal millitary punishment, at the discretion of the Capt. or chief officer of the towne and for prevention of advantages or encouragement to ye enemie during this present Warr,

It is hereby enacted and ordained by the authority aforesaid, that no Indian corn be stored or left at any Remote ungarrisoned houses or places, but all brought within command of some garrison or garrisons, on penalty of paying five shillings a day by the owner of the said corn, for every day such corn shall so remain stored or left at any remote ungarrisoned house or place, after the notice thereof given to such owners by one of the Committee of Militia of the Towne whereto such owners doth or may be long, such penalty to be Leveyed by distress & sale of the offender's goods, by warrant from the committee of millitia to be disposed of by them for the use of the Garrison such offenders shall belong unto.

And be it further enacted by the authority aforesaid, that in case of the enemie's attack of or neighbours In the county of Yorke in the province of the Massachusetts Bay, It shall and may be in the power of the present Lieut. Governer, with the advise and consent of the Councill, to Raise and detach men in the most Convenient part of this province, and to order their March unto the said county of Yorke for the Reliefe and assistance of their Majesty's subjects there: Provided always,

And it is hereby further enacted and declared by the authority aforesaid, that nothing in this act contained shall be expounded, construed or understood to deminish, alter or abridge the power of the Governor, Lieut. Governor or Commander in Chiefe for the time being, but that in all things and upon all occasions he or they may act as fully and freely as any Governor, Lieut. Governer or Commander in Chiefe ought or might do, to all Intents and purposes as if this act had never ben made; any thing in this act contained to the Contrary not with standing: Provided,

And it is hereby enacted and declared by the authority aforesaid, that all the members of their majests Council, Justices of the peace, sheriffs, ministers, Treasurer of their Majests Revenue, Collect or dept. Collector, Sercher or Surveighors of their majestys Customs, School masters and Chyrurgeons shall be freed from being listed in any Company within this province and from all watching and ward

ing or other military duty, any thing therein before contained to the Contrary in any wise notwithstanding.

JOHN USHER, Lieut. Governor,
RICHARD MARTYN, Speaker.

Henry Penny, Dept Sec1.

No. 10.

An Act for the Establishing of Courts of Judicature for the use and Benefitt of their Majestys Subjects within this Province.

Whereas the Orderly Regulation and Establishment of Courts of Judicature Throughout this Province, as well in Respect of time as place, Doth tend very much to the Honor and dignity of The Crowne as to the Care and Benefitt of the subjects: Be it Enacted by the Lieut. Governor, Council and Representatives Convened in Generall Assembly, And it is hereby Enacted and ordained by the Authority of the same, That every Justice of the Peace that Resides within any Town within this Province are here by fully Impowered and Authorized to have cognizance of all causes, cases of debt and Trespasses to the value of forty shillings or under, which causes and cases shall be heard, tryed and finally determined without a Jury by every Justice of the peace that Resides within any Town within this Province where the cause of Action doth arise; the prosses of warning shall be a summons under ye hand of the Justice, directed to the Constable of the Towne or precincts, or any deputed by him, where the party complained against doth Live, which summons being personally served or left at the defendant's house, Two days before the day of hearing of the plaint, shall be sufficient Authority to and for said Justice as aforesaid, to proceed on such cause or cases and determine the same in the defendant's absence; and to grant Execution thereon against the defendant's person, or for want thereof his estate, which the said Constable of the Towne or Precincts, or his Deputy, shall or may serve :Provided always,

And Be it further Enacted, by the Authority aforesaid, that if the plaintiff or defendant shall desire a Jury, it shall

be allowed, But at the proper coste & charges of the person desiring the same: And for the Increse of virtue and the discouraging of evill doers throughout this Province,

Be it further Enacted by the Authority aforesaid, That there shall be held and kept yearly and every year four Quarterly courts of Sessions of the peace within this Province, at the dayes & times here after named and expressed, that is to say, on ye first Tuesday in March, June, September & December At Portsm°, which courts of sessions of the peace shall continue for the space and time of Two dayes and no Longer; and for the more Regular and Benficiall distribution of Justice to the Inhabitants of this Province,

Be it further Enacted by the Authority aforesaid, That there be kept and held a court of common pleas within this province at the time and place hereafter named & expressed, that is to say at such place as the Court of sessions are to be kept, and to begin the next day after the sessions terminate, and only held and continued for the space and time of three dayes and no Longer, and that there be one Judge and three Justices appointed and commissionated to hold the same Court of please, three whereof to be Quorum, and that the severall and Respective Courts hereby established Shall have Jurisdiction to hear, try and finally determine all actions and causes of actions, and all matters and things and causes Tryable at the Common Law, of what kind or nature soever, not Exceeding Twenty pounds, and where Titles of Land is not concerned: Provided alwayes,

And it is hereby Enacted by the Authority aforesaid, That there shall be an Appeale or Removall by Habeas Corpus of any person or of any action or suit or of any Judgement or Execution that shall be determined in this Court, at the next supream Court of Judicature, to which said. Courts of Common pleas there shall belong; & be appointed and commissionated for that purpose, one Clarke of the Court to draw, enter and keep the Records, declarations, Pleas and Judgments there to be had and made; & for the more Orderly proceeding in the said courts, all process and writts of what nature soever for the command of persons to appear and Execute the Judgements, Executions of the courts aforesaid, shall be directed to the sherriffe of this province and executed by him, his under sheriffe or deputy,

and all prosess and Writts for actions betwixt party and party in the said court shall issue out of the Office of the Clarke of the court signed pr. curiam; and that theire Majesties' Subjects Inhabitting within this Province may have all the Good, proper, and Just wayes and means for the securing and Recovering their Just Rights and demands within the same,

Be it further Enacted, & it is hereby Enacted and Ordained by the Authority aforesaid, that there shall be held and kept a Supreame Court of Judicature which shall be duly and constantly kept at Portsmouth and not Elsewhere, at the severall times here after mentioned, and that there be four Justices at the Least appointed and commissionated to hold the same Courts, Two whereof with the Chiefe Justice to be a Quorum; which Supream Court are hereby fully Impowered and Authorized to have cognizance of all pleas civill, criminall and Mixed, as fully & amply to all Intents. and purposes whatsoever as the court of king's Bench, Common pleas, and Excheq' within their Majesties' kingdom of England have or ought to have, in and to which Supream Court all and every person and persons whatsoever shall or may, if they shall so see meat, commence or Remove any actions or suit, or shall or may by warrant, writt of error, or Certiorori, Remove out of the courts of session and common pleas any Judgements, Information, Indictments, there had and depending, and may correct errors in Judgement if there be just cause; alwayes provided,

And be it further Enacted by the Authority aforesaid, that this supreme court shall be constantly and duly kept and held at Portsmouth aforesaid on the last Tuesday in April and October yearly and every year, Provided also that they shall not sit longer y" six dayes.

And Be it further Enacted by the Authority aforesaid, That it shall not be Lawfull for any person or persons whatsoever, appointed, Elected or commissionated to be a Justice or Judge of the aforesaid Courts, to Execute or Officiate his or their sa place or office untill such time as he or they shall Respectively take the Oaths appointed by Act of Parliament to be taken Instead of the Oaths of Allegiance & Supremacie, and subscribe the test in open court.

And Be it further Enacted By the Authority aforesaid,