] In this court the judges
of the General court and High court of Chancery shall have session
and deliberative voice, but no suffrage.
Juries
All facts in causes whether of Chancery, Common,
Ecclesiastical, or Marine law, shall be tried by a jury upon evidence
given viva voce, in open court: but where witnesses are out of the
colony or unable to attend through sickness or other invincible
necessity, their deposition may be submitted to the credit of the
jury.
Fines, &c.
All Fines or Amercements shall be assessed, & Terms of
imprisonment for Contempts & Misdemeanors shall be fixed by the
verdict of a Jury.
Process
All Process Original & Judicial shall run in the name of the
court from which it issues.
Quorum
Two thirds of the members of the General court, High court of
Chancery, or Court of Appeals shall be a Quorum to proceed to
business.
IV. RIGHTS, PRIVATE AND PUBLIC.
Lands
Unappropriated or Forfeited lands shall be appropriated by the
Administrator with the consent of the Privy council.
Every person of full age neither owning nor having owned [50]
acres of land, shall be entitled to an appropriation of [50] acres or
to so much as shall make up what he owns or has owned [50] acres in
full and absolute dominion.
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