Acts, 319

assignes shall for any Sume or Sumes of Tob^o or money due
and owing to him by Accounts upon book or otherwise (and
for which the Debtor hath not passed his hand and Scale to
such his Credittor) Sue and Implead such debtor his Exors 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 att 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 att home

C. P.

to be spoke with then such Demandant shall leave a note
under the hand of such Credittor or Demandant or those he
shall Impower to receive the same what time and to whome
the same shall be paid and if thereupon the same be not paid
accordingly then itt shall and may be Lawfull for such Cred-
ittor to sue and Implead such his Debtor and recover against
him all such Cost and Damages as upon Legall Tryall in any
Court of this province having Cognizance of the Cause shall
be Adjudged as before the making this Act. But in Case any
person or persons shall sue and Implead such his Debtor as
afd without making Demand as afd 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 if the Plaintiffe doe not
joyne then the plaintiffe shall be taken to have made no De-
mand and shall only have Judgment for his damages and shall
loose all his own Costs and if the plaintiffe Joyn in Issue upon
the Demand and it be found against him then the plaintiffe
shall lose his own Costs and pay Costs of such Tryall to the
Defendant yet the said plaintiffe shall have Judgment to
recover his Debt or Damages for which he sues or for so much
thereof as appears due upon ballance.

p. 193

And be itt further Enacted that if any Debtor or Debtors
be Sued by any Credittor or Credittors for any sume or
Sumes of Mony or Tob^o due upon the Debtors Assumption or
due by bill or bond under the hand and Scale of the said
Debtor and the Debtor Confess the Assumption or such part
thereof as he shall think fitt to plead discount to and Acknowl-
edge his Act or Deed but saith further that he hath an Account
of his Own against the Credittor that hath arisen due to the
Debtor since the passing such bill or bond or after such
Assumption as afd which he desires may be Discounted —
It shall and may be Lawfull for the Justices before whom
such Matter shall be Depending upon good proofe made of
such acct to Cause the same Altho of a Lessor Inferior nature

to be discounted in Court and give Judgment thereupon

p. 194