and on the first Tuesday in November. And yearly and every year at Burlington on the first Tuesdays of May and November. And yearly and every year at PerthAmboy on the second Tuesday of May, and second Tuesday of November.

Which Supream Court shall continue for any Term not exceeding five days, and is hereby fully Impowered to have Cognizance of all pleas Civil, Criminal and Mixt, as fully and amply to all intents and purposes whatsoever, as the Courts of Queens Bench, Common Pleas, and Exchequer in England, have or ought to have. In and to which Court all and every Person and Persons whatsoever, shall and may commence and prosecute any Action or Suit, the real Debt or Damages thereof being Twenty Pounds, or upwards, and shall or may by Certiorari, Habeas Corpus, Writ of Error, or any other lawful Writ, remove out of any of the said respective Courts of Sessions of the Peace, any Information, Presentment or Indictment there depending, or Judgment thereupon given, or to be given in any Criminal Matter whatsoever, cognizable before them, or any of them, as also all Actions, Pleas or Suits, Real, Personal, or Mixt, depending in any of the said Courts of Common Pleas, and all Judgments thereupon given, or to be given. Provided always, That the Action or Suit depending, or Judgment given be of the Value of Twenty Pounds, or upwards, or that the same be of, for or concerning the Right or Title of any Lands, Tenements and Hereditaments whatsoever.

And it is hereby further Ordained and Declared by the Authority aforesaid, That the Office of the said Supream Court of Judicature shall be kept by the Clerk thereof, or his sufficient Deputy, at Perth-Amboy aforesaid, for the Eastern, and at Burlington aforesaid for the Western

Division, under the Penalty of Deprivation, and such other Fines as the Law can inflict. Out of which Office of Perth-Amboy and Burlington aforesaid, all Process shall issue for each Division respectively, under the Test of the Chief Justice of said Province, for the time being; and unto which Office all Returns shall be made respectively.

And it is hereby further Ordained and Declared by the Authority aforesaid, That all and every the Justices and Judges of the said several Courts are sufficiently Impowered and Authorized to make, order and establish such Rules and Orders for the more Regular Proceedings in the said Courts, as Justices and Judges in England may lawfully do, any former Ordinance or Establishment of Courts of Judicature to the contrary hereof in any way notwithstanding; All which are from hence-forward declared to be Null and Void by these Presents.

Given under my Hand and Seal in Horsumus the 17th Day of April, in the Thirteenth year of her Majesties Reign, Annoq; Domini 1714.

RO. HUNTER.

APPENDIX E.

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

GEORGE, by the Grace of God, of Great Britain, France and Ireland, KING, Defender of the Faith, &c. Whereas We have thought fit, by Advice of the most Honourable, the Lords of Our Privy Council, at Our Court at St. James's, on the Twentieth Day of January, in the Eighth Year of Our Reign, to Disallow some Laws or Acts of General Assembly of the Province of New-Jersey, made and Enacted by the Governour, Council and Representatives of that Province, in General Assembly, met, viz. One Act, Entituled, An Act for shortening of Law Suits and Regulating the Practice of the Law; One other Act, Entituled, An Act for Acknowledging and Recording of Deeds and Conveyances of Land within each respective County of this Province; and one other Act, Entituled, An Act for Enforcing the Observation of an Ordinance for Establishing Fees within this Province. And Whereas a late Ordinance for Establishing Courts of Judicature within the same Province, was in some measure made conforma

ble to one of the said Laws, so as aforesaid Disallowed. And whereas another Ordinance was made, bearing Date the Twenty-ninth Day of April, 1723, upon the Repeal of the said Acts, for Regulating of Courts of Judicature, which is found inconvenient to the Inhabitants of this Province, both as to the Times of the Sitting of the Courts, and for want of Persons authorized to take Bail in the Counties, and of Courts for Tryals of Causes in the Counties, that came to issue in the Supreme Court. We have therefore thought fit to Ordain, & We do hereby Ordain, Direct and Impower Every Justice of the Peace residing within any Town or County in the Province of NovaCæsarea, or New-Jersey, to have Cognizance in 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 the 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 Chattles, 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 Forreigner 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