within the limits of their commissions, shall hold pleas of assize, scire facias, replevin [ ]1 and determine all, and all manner of pleas, actions, suits and causes, civil, personal, real and mixed, as near as conveniently may be to the rules of the common laws, and to the course of practice of the court of common pleas of Westminster, and according to the laws and constitutions of this province. And that all writs and process upon the pleas, plaints and actions aforesaid shall, as heretofore, issue out of the office of the prothonotary of the said respective counties, under the respective county seals [ ]1 all returns shall be made. And I do further ordain, by the authority aforesaid that that day six weeks in which the said court of common pleas are begun to be held for the city and county of Philadelphia, shall be a return day for all original and judicial writs and process, at which day and so from day to day the said justices may hear and determine issues in law and give judgments upon writs of inquiry [ ]1 of declarations, pleas and other pleadings, and also may do and perform any other matter, cause or thing whatsoever, as might or could be done in the said quarterly court of common pleas, trials of fact by juries only excepted. And I do further ordain by the authority aforesaid that there shall be a court of equity held by the justices of the said respective county courts of common pleas, four times a year at the respective places, and as near the said times as the said courts of common pleas are held in every county of this province, and that the prothonotary of the common pleas shall be the register of the said court of equity in every county. Which said justices or any three of them within the limits of their commissions, shall have full power, and are hereby empowered and authorized to hear and decree all such matters and causes of equity as shall come before them in the said courts, with power to make orders and award all manner of process, and do all other things necessary for bringing causes to hearing, and to force obedience to their decrees, as the high court of chancery in Great Britain may or can do. 1 Mutilated in original. And for the better executing of the powers and jurisdictions hereby enacted or intended, it may be lawful to and for the said justices of the said respective courts to make and publish all and every such reasonable rules and orders as may be fit and necessary to regulate the offices and ascertain the practice of the courts they belong to. And I do further ordain that special commissions of oyer and terminer and goal delivery may be granted into any the respective counties of this province for the hearing, trying and determining of all high and capital offenses, where the life of any person shall or may be brought in question. And I do further ordain, that if any person or persons being defendant or defendants in any suit or action, who shall, by reason of their speedy departure out of this province, require a more speedy determination in the premises than can be had in the said court of common pleas, upon application to the justices of the said court, they shall grant to such defendants special courts and proceed to hear and determine the premises according to the course and practice of the said courts of pleas. And I do further ordain that the justices of the said respective courts and every of them, may adjourn the said courts de die in diem until the business of the said courts be complete and ended. And that the justices of the court of general quarter-sessions of the peace and goal delivery may adjourn their courts to such other time as to them shall seem meet and convenient. Given under my hand and great seal of the said province, at Philadelphia, the twentieth day of July, in the thirteenth year of the reign of our Sovereign Lady, Ann, by the grace of God of Great Britain, France and Ireland, Queen, Defender of the Faith, etc. Annoq. Domi. 1714. &c. Recorded the 21st day of July, 1714, Patent Book A, No. 5, f. 53. Any person knowingly importing or this jurisdiction convicted of know- ......... 101 103 103 ........ 224 Suit to be brought in county court,. .224 To be first tried in county courts,.... 134 To be engrossed before final passage, 27 ... 105 127 No powers or immunities forbidden ....... .... To prevent the throwing of squibs, 356 360 362 See .....197, 422-23 |