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Proceedings and Acts of the General Assembly, April 1684-June 1692
Volume 13, Page 447   View pdf image (33K)
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Assembly Proceedings, May 10-June 9, 1692. 447

An Act for the easment of the Inhabitants of
this Province in suits at Law for small debts.

Whereas the Inhabitants of this Province have been much
grieved molested and troubled by being forced by Provinciall
Writts to appear at the Provinciall Courts and fee Attorneys
there notwithstanding the debts sued for are very small and
within the cognizance of the County Courts of this Province,
for prevention whereof for the future Be it Enacted by the
King and Queens most Excellent Majesties by and with the
advice & consent of this present Generall Assembly and the
Authority of the same, that from & after the Publication
hereof, no accon for a book debt or plain bill for or under the
sum of fifteen hundred pounds of Tobacco & Cask shall be
prosecuted or comenced against any Inhabitant of this Prov-
ince in the Provinciall Court, except only upon Appeals from
the County Courts of this Province and Attorneys of the Pro-
vinciall and County Courts for their fees only where they are
Attorneys, and that no Attorney of the Provinciall Court shall
be allowed any priviledge to debarr him from being sued in
the County Court where he lives And be it further Enacted
by and with the advice and consent aforesaid that if any
person Plaintiff shall commence or prosecute any suite or
plaint in the Provinciall Court of this Province for or under
the sum fifteen hundred pounds of Tobacco & Caske in
manner and forme as aforesaid, shall suffer a non suite and
pay such Cost to the Debt as are usually granted by the
Provinciall Court of this Province.

Lib. L. L.

No. 1.
p. 37

And be it further Enacted by the Authority aforesaid that
an Account Sworn to by the Plaintiff or a Bill proved by his
Evidence before any Justice of the Provinciall Court or any
two Justices of the County Court within this Province shall be
sufficient Evidence to prove the said Debts in any County
Court within this Province Provided always that the Party
who shall swear or give evidence as aforesaid before one
Justice of the Provinciall Court or two Justices of any County
Court to prove any Debt as aforesaid shall at the same time
declare upon his Oath whither he knows of any payment or
discount of any part or parcell of the account or Debt so to
be proved, which shall be Certified under the hand or hands of
such one Justice of the Provinciall Court or two Justices of the
County Court before whom the said Account or debts shall be
proved which Certificate made an signed as aforesaid shall be
taken and received as Sufficient proof of any such debt or
account as aforesaid
And be it further Enacted by and with the advice & consent
aforesaid that if any defendant upon Tryall can prove either

p. 38



 

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Proceedings and Acts of the General Assembly, April 1684-June 1692
Volume 13, Page 447   View pdf image (33K)
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