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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 284   View pdf image (33K)
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284 Assembly Proceedings, Sept. 5-Oct. 3, 1704.

Lib. L. L.
No. 64.

for any one Offence All which ffines shall be to her Maty
towards the defraying the County Charge.
And be it further enacted by the Authority aforesaid that
every Debt or Debts of Mony or Tobacco due to any person
being above the sume of two hundred and not above the
sume of tenn thousand pounds of Tobacco and being above
the Sume of Sixteen Shillings and eight pence and not
above the sume of fifty pounds Sterl in mony whereof
the Plaintiff is desirous of a Speedy recovery agt the De-
fendant his Debtor in the County Courts he shall proceed
against such Defendant in Manner and forme following (that
is to say) at the same time that the Plaintiff Sues out his Writt
against the Defendant he shall file with the County Clerk his
Declaration thereon And the Clerk shall make a Copy of the
said Declaration and deliver the same to the Sheriff with the
Writt and if the Sheriff can serve the said Writt upon the
Defendant [with] the Copy of the Plaintiffs Declaration eight
days before the Returne of the said Writt then the Defendant
shall be obliged by vertue of this Act to go to tryall with the

p. 78

Plaintiff the same Court in which the Writt is return'd and
shall not have any Imparlance and the Justice of the respective
County Courts are impowered by this Act to give Judgment
against the Defendant in Case of his Refusall to plead or
Answer as they might do in Case of a legall tryall had before
them except in some very extraordinary Cases or Accidents at
the Discretion of the said Justices.
And be it further enacted by the Authority aforesaid that
no County Court within this Province shall hold plea or have
Iurisdiction for the hearing and determining of any Accon or
Accons whatsoever wherein the reall Debt or Damages do not
exceed two hundred pounds of Tobacco or sixteen shillings
and eight pence in mony But that in all such Cases it shall and
may be lawfull for any one Justice of peace of each respective
County wherein the Debtor doth reside to try hear and
determine the Matter of Controversy between the Creditor
and the Debtor and upon the full Hearing of the Allegations
of both partys shall give Judgment accordingly and if need
be shall award Execution by Fieri facias or Capias ad Satis-
faciendum directing the same to the Sheriff of the County
wherein the Debtor shall be resident and such Sheriff is
required by this Act to execute such Writt exofficio (saving
allways to such Sheriff ffees for Imprisonment.
And be it further Enacted by the Authority aforesaid by
and with the Advice and Consent aforesaid that in all Actions
which shall at any time after the end of this Sessions of
Assembly be sued or prosecuted in the County Courts of this
Province wherein upon tryall it doth appear to the Court that

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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 284   View pdf image (33K)
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