|
|
tants as aforesaid, on Bills, Bonds, or other Specialties; and
that the penal or principal Sum for which such Bill, Bond, or
Specialty was passed, does exceed One Hundred Pounds
Sterling, or Thirty Thousand Pounds of Tobacco, on which
Bill, Bond, or other Specialty a Sum under Twenty Pounds
Sterling, or Five Thousand Pounds of Tobacco remains due;
so that the Plaintiff putting such Bill, Bond, or other Specialty
in Suit in the Provincial Court, must, by virtue of this Act be
Non-suit, and the Justices of the County Court, by their Com-
mission not able to hold Cognizance of the same; by Means
whereof the Party having Occasion to put such Bill, Bond, or
other Specialty in Suit, was heretofore without Remedy: For
Prevention whereof for the future, and that there may not be
a Failure of Justice in such Case; Be it Enacted, by the
Queen's most excellent Majesty, by and with the Advice and
Consent of her Majesty's Governor, Council and Assembly of
this Province, and the Authority of the same, That every
Person or Persons, Inhabitants of this Province, shall and may
hereafter sue and implead, in any County Court of this Prov-
ince, where the Debtors reside, any Person or Persons, In-
habitants as aforesaid, their Debtors, on any Bill, Bond, or
other Specialty, the principal or penal Sum whereof exceeds
One Hundred Pounds Sterling, or Thirty Thousand Pounds
of Tobacco; and on which Bill, Bond, or other Specialty, there
is not due to Ballance above Twenty Pounds Sterling, or Five
Thousand Pounds of Tobacco, but shall be above the Sum of
Two Hundred Pounds of Tobacco, or Sixteen Shillings and
Eight-pence Current Money; and the several Justices of the
County Courts are hereby impowered to hold Cognizance of
such Suit brought on such Bill, Bond, or other Specialty, and
give Judgment for the just Ballance, with Costs of Suit; their
Commission, any Law, Usage or Custom, to the contrary
notwithstanding.
VI. And be it further Enacted, by the Authority, Advice
and Consent aforesaid, That from and after the End of this
present Session of Assembly, if any Drawer or Indorser of
any Bill of Exchange, shall be sued or prosecuted, in any
Court of this Province, for any Sum of Money due upon any
Protested Bill of Exchange, the Attorneys, prosecuting or
defending any Action thereupon, shall not exact, demand,
receive or take any more than one lawful Fee, for prosecuting
or defending any Action upon any one Protested Bill, not-
withstanding there be two or more Indorsers, and the said
Drawer, sued and prosecuted: And that it shall and may be
lawful for the Plaintiff, in any Action to be brought on any
Protested Bill, to put into any one Writ, two or more Defend-
ants residing in one County, if Occasion shall require; and
|
Bacon
|
|
