106 HISTORY OF DELAWARE COUNTY. [1676. 



the River and Bay as formerly, to wit, one in New Castle, one 

 above att upplands, another below at whorekills. 



3. That the Courts consist of Justices of the Peace, whereof 

 three to make a coram & to have the power of a Court of Ses- 

 sions & decide all matters under twenty pounds Av'^'out appeall, 

 In w"*" Court the Eldest Justice to p''side unlesse otherwise 

 agreed amonghst themselves, above twenty pounds & for cryme, 

 extending to Lyfe, Limb, or banishment to admitt of appeale to 

 the Co''' of Assizes. 



4. That all small matters under the valine of fyve pounds may 

 bee determined by the Court without a Jury, unlesse desiered by 

 the partees, as alsoe matters of Equity. 



5. That the Court for New Castle be held once a moneth, to 

 begin the first Teusday in Each month, and the Co""' for uppland 

 and the whoorekill quarterly, and to begin the second Tuesday of 

 the month or oftener if occasion.* 



6. That all necessary By-lawes or orders, not Repugnant to 

 y^ Lawes of the Governm*, made by the said Courts, bee of force 

 and binding, for the space of one whole leare, in the severall places 

 where made. They giving an account thereof to the Governo"" by 

 the first opportunity : — and that no fines bee made or imposed but 

 by order of Court. 



7. That the several Courts have power to Regulate the Court 

 and officers' fees, not to Exceed the Rates in the Booke of Lawes, 

 nor to bee under halfe the vallue therein Exprest. 



8. That there bee a high Sherife for the Towne of New Castle, 

 River, and Bay, and that the s'^ High Sherrife have power to 

 make an undersherrife or marshal, being a fit p'"son, and for 

 whome bee will bee Responsable, to bee approved by the Court. 

 But the Sherrife, as in England, and according to the now prac- 

 tice on Long Island, to act as a principall officer for the Execu- 

 tion of the LaAves, but not as a Justice of Peace or magistrate. 



9. That there bee fitting Bookes provyded for the Records, 

 In which all judiciall proceedings, to bee duly and fairly entred 

 as also publicq orders from the Governo", and the names of the 

 magistrates and officers authorized, w"* the tyme of their admis- 

 sion. The s*^ Records to be kept in English, to wich all p'sons 

 concerned may have free Recourse at due or sesonable tj^mes; 



10. That a fitt p^'son for Clarke (when vacant) be recom- 

 mended by Each Court to the governo' for his approbation, in 

 whose hands the s*^ Records to bee kept; 



11. That all writs, warrants & proceedings att lawe shall be 

 in his may''"' name. It haveing been practized in the Governm* 

 ever since the first writing of the Lawe booke, and itt being his 

 Roy" Highnesses special Pleasure and Order. 



12. That no Rates bee Imposed or Levys of mony made w^'in 



