300 Assembly Proceedings, Sept. 5-Oct. 3, 1704.

Lib. L. L.
No. 64.

Defendant in that Case expended in Case the Plaintiff be Cast
in Suite.

p. 97

And to the end that no honest Debtor who hath not fledd
from the place or County where he Contracted his Debt nor
wilfully absconded himself or fledd from Justice shall be Sur-
prized by unnecessary and vexatious Suites at Law
Be it Enacted by the Authority Advice and Consent afore-
said that no person whatsoever residing or trading in or to
this Province their Ex^rs Adm^rs Agents ffactors or Assigns
shall for any Sum or Sums of Tobacco or money due or owing
to him by account upon book or otherwise (and for which the
Debtor hath not past his hand and Seale to such his Creditor)
sue and implead such Debtor his Executors or Administrators
in any Court of Record within this Province unless he shall
first demand and require the same of such Debtors proper
person or otherwise at the habitation or place of Residence
of the said Debtor in the County where he shall dwell (to
prove which Demand the Creditors or demandants own oath
shall be Sufficient) And if the Debtor be not at home to be
spoke with then such Demandant shall have a Note under the
hand of such Creditor or demandant or those he shall empower
to receive the same what time and to whom the same shall be
paid And if thereupon the same be not paid accordingly then
it shall and may be lawfull for such Creditor to sue and
implead such his Debtor and recover against him all such
Costs and Damages as upon legall tryall in any Court of this
Province having Cognizance of the Cause shall be adjudged
as before the making of this Act but in Case any Person or
Persons shall sue and implead such his Debtor as aforesaid
without making demand as aforesaid and the Debtor plead
that the Debt was never demanded by such Plea the Debtor
shall be taken to Admitt the Plaintiffs Declaration to be good,
and shall only put the demand in issue which issue if the
Plaintiff do not Ioyne then the Pl^t shall be taken to have made
no demand and shall only have Judgment for his Damages
And shall loose all his own Costs and if the Plaintiff Joyn in
issue upon demand and it be found against him then the
Plaintiff shall loose his own Costs and pay Costs of such tryall
to the Defendant Yet the said Plaintiff shall have Judgment to
recover his Debt or Damages which he sues for, or so much
thereof as appears due upon ballance.

p. 98

And be it further enacted that if any Debtor or Debtors be
sued by any Creditor or Creditors for any Sume or Sumes of
Money or Tobacco due upon the Debtors assumption or due by
bill or bond under the hand and Seale of the Debtor and the
Debtors confess the Assumpcon and acknowledge his Act or
Deed but saith further that he hath an Account of his Own against