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C. J.
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future Convention — save and except, only that bail may sur-
render their principals, in their own discharge and for want of
other bail that the principal may be committed; and that here-
after proper provision ought to be made by Act of Assembly
for reinstating, re-establishing and prosecuting the business of
the Courts, and for barring the act for the Limitation of suits.
Resolved, That in all suits and actions now depending or
commenced the Depositions of any witness or witnesses taken
before two Justices of any County Court, or one of the Justices
of the Provincial Court of this Province, in presence of the
adverse party to him that requires such depositions to be taken,
if upon due notice, he thinks fit to be present, or upon notice
doth refuse to be present (the notice being proved) ought to
be received as good evidence in any of the Courts of this
Province, as if such evidence were personally present upon the
Tryal, and should declare the same, viva voce; provided such
witness or witnesses cannot be had at the Trial of the cause in
which such depositions shall be taken.
Resolved, That no civil original writ, suit or action, shall be
commenced or renewed in any Court of Law, or any Magis-
trate's warrant of a civil nature issued within this Province,
after publication and due notice of this Resolve, unless in the
following cases to wit. Actions founded in the wrong done to
the person or property; such as Ejectment, Trespass, Trover,
Replevin, Detinue; also all real Actions, also actions for
wards, and for money or Tobacco actually had & received by
one person for the use of another: Attachments under the late
Acts of Assembly, and against persons nonresident; actions,
or process on Loan Office Bonds; without the license or per-
mission of the Committee of Observation of the County, where
the debtors and defendants reside, which shall or may be
granted in the Instances and manner hereinafter mentioned &
not otherwise.
That the said Committees respectively do upon application,
give license for bringing or prosecuting suits in the following
cases; that is to say; where debtors refuse to renew their obli-
gations, or other securities; or to give reasonable security; or
to liquidate and settle their accounts, and give Promissory
notes for the ballances; or to refer their disputes, if any, to
one or more indifferent persons, or are justly suspected of
intention to leave the Province, or defraud their Creditors;
and that the said Committees may, in their discretion, grant
Licenses in the following cases to. wit, for the bringing actions
by and against Executors and Administrators, as such, and
their Securities, and for the bringing actions against Guardians
for the recovery of filial portions, or the Rents and profits of
Orphans' Estates.
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