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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 320   View pdf image
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320 Assembly Proceedings, April 26-June 3, 1715.

C. P.

against the Defend1 for soe much only as shall be remaining
to the plaintiffe with Costs of Suit Provided the ballance
Exceed four hundred pounds of Tobo or three and thirty
Shilings and four pence in the County Court and fifteen hundd
pounds of Tobo or Six pounds five Shil Sterl in the provinciall
Court otherwise the plaintiffe shall be non Suited as by other

p. 195

Law is provided. Provided nevertheless that nothing in
this Act Contained shall be Construed to give the said pro-
vinll Court any other Jurisdiction then what is agreeable to
the Act of Assembly for relieving the Inhabitants of this
province from some Aggrievances in the prosecucon of Suits
att Law any thing herein Contained to the Contrary notwith-
standing. And for the further declaration what shall be taken
and allowed for Evidence to prove such bills or bonds —
Be itt Enacted that the oath of one or more of those per-
sons that Subscribed as Witnesses to such bill or bond made
before one Justice of the provinciall Court or two Justices of
the County Court of this province in their respective Countys
shall be Evidence to prove the Debts in the provinciall and
County Courts of this province — Provided nevertheless that
if the defendt will Traverse such proofe and put it upon the
Country for proofe it shall be Allowed him so to doe.
And be itt likewise Enacted by the Authority afd that an
Ace' of goods Sold work done money lent and such other
Articles as lye properly in an Acct and sworn to by the Plain-
tiffe in any Action brought or by the Defendant in his Defence
against all or any part of the plaintiffs Claime before such
Justice or Justices as afd and that no part or parcell thereof is

p. 196

paid other then what is taken notice of in the said oaths shall
be received as Evidence to prove the fact in any Court of this
province — Provided that any plaintiffe or Defendant in any
Action against whome such oath is given for Evidence shall
be att his Liberty to traverse such oath by giving Evidence
other then himselfe against itt to Invalidate the same and the
Court or Jury that trys the Cause shall Judge by that which
appears to them the fullest and fairest Evidence.

An Act for the Speedy recovery of Small Debts out of Court
before a Single Justice of the peace.

fforasmuch as itt is requisite that there be some remedy for
the recovery of Small Debts whereof the Courts of Judicature
have no Jurisdiction—

Be itt Enacted by the Kings most Excellent Majesty by and
with the Advice and Consent of his Majestys Governt Coun-
cill and Assembly of this province and the Authority of the

 

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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 320   View pdf image
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