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Bacon
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. not left an Attorney at Law, or in Fact, who is a Resident
within the County, so that the Sheriff cannot conveniently give
him or them Notice within Three Days after the serving such
Writs according to the Exigence of this Act, and who shall
not be present at such Time and Place of Appraisement, or
who, on Notice given, shall not think fit to be present at such
Time and Place, it shall and may be lawful for the Sheriff to
choose Two sufficient Free-holders, qualified as aforesaid, on
Part and Behalf of such absent Party, to the Ends aforesaid.
And in case that both Plaintiff and Defendant are likewise
Non-Residents in such County, and cannot conveniently have
Notice as aforesaid, nor shall be present thereat, that then
such Sheriff shall be, and is hereby impowered, on Behalf of
both Parties, to choose Four Appraisers qualified as aforesaid
to make such Appraisement as aforesaid.
IV. Provided also, That nothing in this Act contained,
shall extend, or be construed to extend, to impower any
Sheriff to levy by virtue of any Fieri Facias, for any Debt or
Damage recovered against any Executor or Administrator,
any Negro or other Slave, Plate or Jewels reserved in Favour
of Orphans, by the Act for better Administration of Justice in
Probate of Wills and granting Administrations, &c. but that
the Sheriffs shall be, and are hereby obliged to follow the
Directions of that Act, touching such Negroes and Slaves,
Plate and Jewels; any thing in this Act to the contrary not-
withstanding.
Examined and Compared with the Original Act,
Reverdy Ghiselin
Thomas Bacon.
An Act permitting the Inhabitants of this Province, to sue out
Writs when Plaintiffs, and appear and give Judgment when
Defendants, in the several Courts thereof in their own
proper Persons.
Forasmuch as it has been represented to this General
Assembly, as a great Aggrievance, that the several Inhabi-
tants of this Province are not permitted to sue out Writs
when Plaintiffs, or to appear and confess Judgment, when
Defendants, in the several Courts thereof; but are in some
Courts obliged to employ Attorneys to do it for them, which
creates an unnecessary Charge;
II. Be it therefore Enacted, by the Right Honourable the
Lord Proprietary, by and with the Advice and Consent of his
Lordship's Governor, and the Upper and Lower Houses of
Assembly, and the Authority of the same, That it shall and
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