TO the end that Justice may be equally distributed within This His Majesties Territory and Dominion; and Criminal Offenders against His Majesties Lawes duely punished, It is Ordered by the PRESIDENT and Council, That in each several County and Province within this Government, there shall be Erected, and Settled, and by the AUTHORITY aforesaid there is hereby Erected, Appointed and Settled a COUNTY COURT, to be held and kept as a Court of Pleas and of General SESSION of the Peace, within each County and Province aforesaid, The times, places & order of which County Court are as followeth ( viz.)

• The first on the last Tuesday in July next.
• The second on the last Tuesday in October following.
• The third on the last Tuesday in January.
• The fourth on the last Tuesday in April. And so on the same days annually.

• [Page 4]The first at Cambridge on the first Tuesday in October.
• The second at Charlestown on the third Tuesday in December.
• The third at Concord on the first Tuesday in April
• The fourth at Charlestown on the third Tuesday in June. And so on the same dayes annually.

• The First at Ipswich on the last Tuesday of September.
• The Second at Salem on the last Tuesday in November.
• The Third at Ipswich on the last Tuesday in March.
• The Fourth at Salem on the last Tuesday in June, And so Annually.

• The First at Springfield on the last Tuesday in September.
• The Second at North-Hampton on the last Tuesday in March, annually.

• The First at Great-Island, the first Tuesday in October.
• The Second at Portsmouth, the First Tuesday in April.

• The first at York, the second Tuesday in October.
• The Second at Wells, the second Tuesday in April.

And for the more Regular and certain Keeping of the aforesaid COURTS, It is Ordered that they shall consist of such Member or Members of the Council in each County and Province as shall be there­in resident (not excluding any others of the Council who shall think fit to be present) together with such Justices of the Peace, as (where need is) shall be particularly commissioned thereunto: So that the num­ber in each County Court be alwaies three at the least, and one of them a Member of the Council, who being assembled at the times and places appointed, have full Power and Authority to open and hold the said County Courts and to proceed to the hearing, trying, and issuing of all Civil Causes & Pleas whatsoever, and of all Criminals not exten­ding to Life or Limb, and upon Judgement given to award Execu­tion making such Adjournments as to them shall seem fitt, and punish­ing all Contempts, as unto such a Court of right doth belong; from which several County Courts, and the Judgment in them given in all Civil Cases, there shall an Appeal lye to be orderly made and brought to the President and Council at their next Court, to be held for that end, as hereafter is appointed, unto which Court of Appeals the Appellant shall bring the whole Case as it was pleaded and tryed in the Inferior Court between the Appellant & Defendant, and both shall have further Liberty of all such additional Evidences and Pleas to be brought as doth not alter the Issue that hath been between them.

[Page 5] It is further Ordered, Declared and Appointed, That there shall be held by the President or in his absence the Deputy-President and Coun­cil, a Stated Superiour Court of Grand ASSIZE and General Goal-Deli­very for this His Majesties whole TERRITORY and DOMI­NION, to be kept Thrice in the Year at BOSTON; i. e. On each First Tuesday in the Moneths of November, March and July, and so Annually. In which Superiour Court so to be held shall be here try­ed and finally Issued all Cases of Appeal, all Capital Cases, and all such Pleas of the Crown, and other matters of greater Concernment as are above the Cognisance of inferior Courts, and proper thereto to be de­termined, saving alwayes unto all persons Liberty of Appeal unto His Ma­jesty in Council as in and by His Majesty's Royal Commission is gran­ted, limitted & appointed▪

And for the more ready Dispatch of small Causes, where the Dam­mage besides Cost shall not exceed the Summe of Forty shillings, It is Ordered and declared that the President and each Member of the Council hath Power to hold Plea of, and to give Judgment, and award Execution in all such Causes, as heretofore hath been in use. The like Power have any two of the Justices joyning together. And from the Sentence and Judgment in these Cases to be given, there shall be an Appeal to the next Court of the County and no higher.

It is also further Ordered by the Authority aforesaid. That in all Le­gal Process within this His Majesties Territory & Dominion to be allow­ed and accounted valid in the several Courts now constituted, the Ori­ginal Writt shall alwaies be under the Hand and Seal of the President, or of some Member of the Council, or of the Clerks of the County Courts within their several Precincts: And in small Actions, under the hand and seal of such as are to try them. And all such Writts as shall be a­above Twenty Pound value shall be also stamped with the SEAL of the Secretaries Office; all which Original Writts abovesaid, and all Executions upon Judgement given shall be directed to be served by the Provost-Marshal, County-Marshal or their Deputyes and no other, except in small Cases, where the Constable of the Town shall be sufficient; and where the Cause is to be tryed in the County Court, every Original Writt shall be served fourteen dayes before the Sitting of the said Court, and pursuant thereunto a Declaration of the Plantiffe shall be also entered with the Clerk of the Court seven dayes before its Sitting, and the same time (of seven dayes) is given for the Entrance of the Reasons of Appeal with the Secretary in all Cases of Appeal to the Supream Court.

It is further Ordered, That the Acknowledgment of all Deeds or other Legal Instruments that are to be Entred upon Record, shall be made before & be signed by the President or some Member of the Council and no other.

Further, That the Office for the Probate of Wills and Granting Ad­ministrations, be holden by the President for the time being, and his Clerk, at the Council-House on Thursdayes at Ten of the Clock in the [Page 6] morning; and in the other Provinces and remote Countryes, by such Judge and Clerk as the said President under his Hand and Seal shall Au­thorize, and at such Time as shall be a appointed, taking Fees accord­ing to the Statutes, and said Clerks being herein accounted as Deputies to the Secretary and Register, and from him to take Deputation accordingly.

Further, That such as from time to time shall be allowed and sworn At­tournyes by the Council and County Courts, (and they only to receive Fees and plead in any of His Majesties Courts,) and no other presume to offer Pleading, save that every man is allowed to plead his own Case.

That no Affidavit or Testimony is in any Civil Case to be taken out of the Court where the Tryal is Holden, except before some Mem­ber of the Council where the Witness is at a great distance from the Court, or incapable of coming, or bound to Sea before the Tryal, and then in presence of the Opposite party if he may be had, and seasonable No­tice be given to him thereof: And all Witness in Criminal Cases to give their Evidence in open Court.

That where Judgement hath passed in any former Court within this TERRITORY and DOMINION, and Execution hath not been taken out and Levied, the party for whom Judgement hath passed shall have a Writt of Scire facias from the Secretary or Clerk of the Court, whence a new Execution should proceed to the Adverse party to appear before the Court that hath proper Cognizance there­of and shew cause why Execution should not go out, and incase of Non-Appearance, or that sufficient cause be not shewn to the Court for Arrest of Judgement, Judgement shall be affirmed and Execution graunted accor­dingly

That the County Courts shall appoint in every Town a fitting person for Clerk to take the accounts of Births and Burials, (unto which Office, Mr. Richard Buckley is appointed for BOSTON) which shall be quarterly brought into the Clerks of the County Courts, for which such Clerk shall receive three-pence for each Name and pay one penny for every Name to the Clerk of the County Court, and every person next related or con­cerned is hereby Ordered to give notice and make payment as above-said, within the space of one week upon the poenalty of five shillings; and that the several Ministers and Justices do in like manner at every County Court make Return of the Marriages by them severally solemnized, and pay to the Clerk three pence for every Couple.

That Licenses for Holding of Taverns, Inns, Strong-water Houses, & Retai­lers in & without doors, and publick Victuallers, be granted by the County Courts of the several Shires and Provinces to which the several Inn-hold­ers shall give Bond and pay accustomed Fees and Duties, as hath been in Use; and the Treasurer and such others as shall be from time to time appointed, have hereby Power graunted them to agree with the Dutyes of Excise, and no person licensed shall presume to draw until he hath made such Agreement with the Treasurer as abovesaid. And it is Ordered that none presume to draw Drink without License upon the poe­nalty of Five pounds for every Conviction (according to the late Usage) [Page 7] to be made before some Member of the Council, or any Two of the Justi­ces, within the County, and the Fine to be Levied by Writt from such Member of the Council, or Justices, and the same to be divided, one half to His Majesty and returned to His Treasury here, and the other half to the Informer.

For the orderly and equal Appearance of Juries to serve in Courts,

It is Ordered, That the Constables and Select men in the several Towns within this His Majestyes Territory and Dominion, do before the first day of July next give into the several Marshals of the Counties in which the Towns severally lye, a full and true List of all the Free-holders and Inhabitants meet to serve on Juries, and that the Marshals there­upon in their several Counties, with the Assistance of one of the Justices thereto Appointed, shall prick the Pannel or Pannels for the Grand or Pet­ty Jurors, who shall be summon'd by the Marshal fourteen Dayes before the Court, and the Pannel delivered to the Clerk of the Courts under the Marshal's Hand, that they may serve accordingly.

That the Fees to be paid in all Tryals and Issues at Law shall in no case pass the particular Orders of the President and Council

The Keepers Fees, in all Causes as are accustomed

WHEREAS In the several Counties and Sea-port Towns there have been appointed meet Persons for the Sur­veying of Ships (either which are building or defect­tive) and damnified Goods;

It is hereby DECLARED, That the said Persons, are Continued in that Service, and for their Satisfaction shall receive each of them from the Employers, Four shillings, for every Survey Made and Returned under their hands.

[Page 10] IT is ORDERED and DECLARED, That the Bounds of all Townships shall Be and Continue as heretofore settled, and that they shall be run between Town and Town for time and manner as hath been formerly required & used; And that each Town have the same Liberty and Power of Choosing and Instructing their Se­lect-men, Constables and other Officers for the Management of their own Affairs as they have used & exercised, and all such Elections to be made by the Free-holders in every Town

It is also Ordered, That all Contracts, Agreements, and Orders regular­ly made in any Town, respecting either their Ministers or School-Masters as to their Maintenance, or any other Person Concerned or the publique Benefit of the Town, shall remain good and valid for the whole time that they were made for, and shall accordingly be Pursued, put in Execution, and Fulfilled.

And for the future Raising and Defraying of all such Publique Charges in Towns as shall be needful;

It is Ordered, that Whatsoever Summe or Summs shall be graunted by the Inhabitants for that end, in any of their Town-Meetings regu­larly assembled▪ shall be by the Select-men first presented to two of the next Justices of the Peace within the same County, or to One of the Members of the Council therein Resident, to be by Him or them allow­ed and under-written, which being so obtained, the Select-men or such Ra­ters as shall be specially chosen by the Town for that Service, shall as­sess the said Summs upon each particular inhabitant that is within their Town (the Members of His Majesties Council excepted) in due propor­tion to their known Abilities and Estates, and thereof shall make a di­stinct and perfect List under their Hands, setting down every man's Name and particular Proportion, with which List so perfected the Select Men shall apply themselves to one of the Justices of the Peace for that County, or to any Member of the Council, who shall make his War­rant▪ thereupon under his Hand and Seal directed to the Constables of each Town respectively, for the speedy Levying and Collecting of all such Assessments within a fitting time prefixed, with Power of Distress in case of refusal or neglect of Payment by any one, as formerly, and all Summs so collected shall be by the Constables carefully and duely paid in accor­ding as the Select-men shall appoint: And if any Constable shall neglect to perform his Duty in the premises, he shall be lyable to respond all such Summs as through his default shall not be collected and paid in.

And further, It is Ordered, That whereas there are several small Towns and Villages by the late Government put under the Direction of several Committees the said Committees are hereby continued in their full Power until the President and Council shall take further order:

The Narraganset Countrey called the Kings-Province having hitherto been unsettled is not to be understood to be intended in this Order or any thing contained therein.