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Proceedings and Acts of the General Assembly, October 25, 1711-October 19, 1714
Volume 29, Page 369   View pdf image (33K)
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The Upper House. 369


to be defended upon, nor the Judgements of those Courts,
being generally Erroneous
That tho the Law has been once sent to England and
nothing offered against it yet the Trade is visibly Attacked by
this Bill, For that after the Merchants have created Debts in
this Province they must be obliged to employ twelve Agents
Viz. one in every County of the Province to attend the several
County Courts.
He further objected that It was a lessening of the Practice
of the Lawyers in the Provincial Court and consequently a
Discouragement to Learning

U. H. J.

That the Jurisdiction of the County Courts was already too
large & whither It might not be advisable to lessen it.
Mr Thos Bordley one other of the Petitioners speaking
against the Bill proposed offered that the Inconveniencies in-
tended or Expected to be remedyed by this Law might as
well be otherwise Effected The Principal one obliging Persons
sued personally to appear at the Provincial Courts being now
remedyed by the Act for taking Special Bail in the Counties
And if people were arrested out of the Countys where they
lived they might bring Habeas Corpus & be remanded to
their own Countys
He gave some Instances that the Attornys of the County
Courts nor the Judgements of those Courts were to be de-
pended on
That the Act of Limitation being so short often barred the
Action before a due prosecution could be made in the distant
County Courts
That the lessening the Practice of the Lawyers in the Pro-
vincial Court was a great discouragemt to Learning in this
Province and of Vast prejudice to the Attornys practising in
that Court.
Then the Honble Philemon Lloyd Esqr Deputy Secretary of
this her Majesty's Province Standing up at the Board to this
Effect, That it was not the Fees or Costs of Suit Expended
in the Provincial Court but the Debts People lay under that
obliged them to leave their Habitations and desert the Prov-
ince. So that their being sued in the Provincial Court where
they were only put to some few hundred pounds of Tobo more
in Cost of Suit was not the Aggrievance, therefore hoped if

p. 917

the Allegations in the Bill are not found true his Excellency
and this Board will not consent to lessen the Jurisdiction of
the Provincial Court wherein he conceives her Majesty's
Prerogative is concerned
And insisted on the Constitution of England that the Juris-
24

p. 918



 
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Proceedings and Acts of the General Assembly, October 25, 1711-October 19, 1714
Volume 29, Page 369   View pdf image (33K)
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