confessed, or passeth by the Defendants fault for want of Plea or Answer, unless the Fact be found by Verdict of Twelve Men of that Neighbourhood, as it ought to be done by Law.

CORNBURY.

APPENDIX D.

An Ordinance for Establishing Courts of Judicature within the Province of New-Jersey.

By his Excellency Robert Hunter, Esq., CaptainGeneral and Governour in Chief in and over the Provinces of New-Jersey, New-York, and all the Territories and Tracts of Land depending thereon in America, and Vice Admiral of the same, &c. in Council.

His Excellency the Governour, by virtue of the Power and Authority to him given by her Majesties Letters Patents under the great Seal of Great Britain, by and with the Advice and Assistance of her Majesties Council for the said Province of Nova-Cesarea, doth hereby Ordain and Impower every Justice of the Peace residing within any Town or County within this Province of NovaCesarea to have Cognizance of all Causes and Cases of Debt or Trespass, to 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 Titles of Land are or may be any way concerned.

And be it ordained by the Authority aforesaid, That the Process of Warning against a Free-holder or Inhabitant, 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 does 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, the Justice granting such Summons may proceed to hear such Cause or Causes, and Determine the same in the Defendants absence (unless the said Justice, for good reason see cause to the contrary) and grant Execution thereupon, directed to the said Constable, or his Deputy, to be levyed upon the Defendants Goods and Chattels, or for want thereof upon the Person of the Defendant, which he is hereby directed, and required to execute accordingly.

And be it ordained by the Authority aforesaid, 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 be carryed 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 to take him into Custody, and him safely keep till Payment be made of the same, with Charges.

Provided always, and it is hereby further Ordained, That an Appeal to the Justices of the same County at the next General Court of Sessions of the Peace held, shall be allowed for any Sum upwards of Twenty Shilings in all Causes and Cases whatsoever.

And it is hereby further Ordained by the Authority aforesaid, That there shall be kept and holden a Court of Common Pleas in each respective County within this Province of New-Jersey aforesaid, at such places where the General Courts of Sessions of the Peace are usually held and kept, to begin immediately after, or the next Day after the General Sessions of the Peace ends and terminates, and then to hold and continue for any time, not exceeding Three Days. Which several and respective Courts of Common Pleas shall have power and Jurisdiction to Hear, Try, and finally Determine all Actions or Causes of Action, and all Matters and Things Tryable at Common Law, of what nature and kind soever.

And it is hereby further Ordained by the Authority aforesaid, That the General Courts of Sessions of the Peace shall be held and kept in each respective County within this Province, at the Times and Places herein aftermentioned, That is to say,

The first Court of Sessions to be held after the Publication hereof, at the Times and Places to which the said Courts were last adjourned, and thereafter yearly and every year.

For the County of Bergen, at the Town of Bergen, until the Court-House and Gaol, for said County be built, on the first Tuesdays in February and August, and the third Tuesdays in April and October, and thereafter at the

Court-house of the said County on the Days and Times before-mentioned.

For the County of Essex, at Newark, the second Tuesday of February and August; and the fourth Tuesday in April and October.

For the County of Middlesex and Somerset, at the Town of Perth-Amboy, the third Tuesday of February, May, August and November.

For the County of Monmouth, at Shrewsberry, until the Court-house and Gaol for said County be built, and thereafter at the Court-house in the said County, on the fourth Tuesday of February, May, August and November.

For the County of Hunterdon, at Maidenhead, the first Tuesday in June and December. And at Hopewell, the first Tuesday in March and September, until the Courthouse and Gaol for said County be built, and thereafter at the Court-house of said County only.

For the County of Burlington, at the Town of Burlington, on the second Tuesday of March, June, September and December,

For the County of Gloucester, at the Town of Gloucester, on the third Tuesday in March, June, September, and December.

For the County of Salem, at the Town of Salem, on the fourth Tuesday in March, June, September and December. For the County of Cape-May, at Cape-May, the first Tuesday in April, July, October and January.

Which General Court of Sessions of the Peace shall hold and continue for any time not exceeding two Days.

And it is hereby further ordained by the Authority aforesaid, That there shall be a Supream Court of Judicature held and kept at Burlington on the first Tuesday of May next, to which Time and Place it was left adjourned,