CHAP. 0009. AN ACT FOR THE HOLDING OF COURTS OF JUSTICE.



FoRASMUcn as the orderly regulation and well-establishment of courts Disallowed by of justice is of great concernment, and the publick occasions with refer- ^ au^bus, ence to the war and otherwise being so pressing at this season that this 1695. court cannot now conveniently sit longer to advise upon and fully settle the same, but to the intent that justice be not obstructed or delayed,-

Re it ordained and enacted, by the Governour, Council and Representatives, convened in General Assembly, and it is ordained by the authority of the same,

[Sect. 1.] That on or before the last Tuesday of July next there be a general sessions of the peace held and kept in each respective county within this province, by the justices of the same county, or three of them at the least (the first justice of the quorum then present to preside), who are hereby impowred to hear and determine all matters relating to the conservation of the peace and whatsoever is by them cognizable according to law, and to grant licenses to such persona within the same county, being first approved of by the selectmen of each town where such persons dwell, whom they shall think fit to be employed as inholders or retailers of wines or strong liquors. And that a sessions of the peace be successively held and kept as aforesaid within the several counties at the same times, and places as the county courts or inferior courts of common pleas are hereinafter appointed to be kept.

And it is further enacted, by the authority aforesaid,

[Sect. 2.] That the county courts, or inferior courts of common pleas, be held and kept in each respective county by the justices of the same county, or three of them at the leas* (the first justice of the quorum then present to preside), at the same times and places they have been formerly kept according to law, for the hearing and determining of all civil actions arising or happening within the same, triable at the common law according to former usage; the justices for holding and keeping of the said court within the county of Suffolk to be particularly appointed and commission[at]ed by the governour, with the advice and consent of the council. And that all writts or attachments shall issue out of the clerk's office of the said several courts, signed by the clerk of such court, directed unto the sheriff of the county, his under-sheriff or deputy. The jurors to serve at said courts to be chosen according to former custome, by and of the freeholders and other inhabitants, qualified as is directed in their majesties' royal charter.

This act to continue untill other provision be made by the general court or assembly.   [Passed June 28 ; published July 2.