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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 116   View pdf image (33K)
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116 Assembly Proceedings, October 11-27, 1720.


on a Capias ad Respondendum be returned against the
Executor or Administrator, or a Fieri facias returned nulla
Bona by the Sheriff of the County where such Executor
or Administrator live, or where the Effects of such Deceased
lies, or such other apparent Insolvency or Insufficiency of the
Person or Effects of such Executor or Administrator, as shall
in the Judgment of the Provincial Court that hears the Cause,
render such Creditors Remediless by any other reasonable
Means, save that of suing such Bonds; on pain that such
Person or Persons that shall cause such Bonds to be sued,
contrary to the true Intent and Meaning of such Act, shall be
condemned in full Costs of Suit to be adjudged by such
Provincial Court, to the Defendant or Defendants that shall
be so sued, against the Person or Persons that shall cause
the same to be sued, and shall award Execution thereof as
usual in other Cases.
III. And be it further Enacted, as aforesaid, That it shall
and may be lawful for the Defendant or Defendants in such
Suits to give this Act and the Special Matter in Evidence,
without Specially Pleading the same; any Law, Statute, Usage
or Custom to the contrary notwithstanding.

Chap. XXV

An Act declaring the Punishment for Burning of Court-

Whereas it is represented to this present General Assembly,
That there remained some Doubt in the Law, whether the
Burners of Court-houses should have the same Judgment
as against Clerks convicts, or to suffer Death; on which
Doubt, the last Provincial Court, in Favour of Life, gave
Judgment against the Person convict for Burning Kent
County Court-house, only that he should be burnt in the Hand,
&c. To clear up which Doubt for the future.
II. Be it Enacted, by the Right Honourable the Lord Pro-
prietor, by and with the Advice and Consent of his Lord-
ship's Governor, and the Upper and Lower Houses of Assem-
bly, and the Authority of the same, That any Person or Per-
sons whatsoever, that shall hereafter be convict of wilfully
Burning any Court-house within this Province, wherein any
Records actually or usually are kept, although the same be not
a Mansion-house, or such other House, for the Burning
whereof the Offenders might heretofore have had the Bene-
fit of Clergy, shall have Judgment to suffer Death, in the same
Manner as if such Offender had been convict of maliciously
and wilfully Burning a Mansion house; any Law, Statute or
Usage to the contrary notwithstanding.

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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 116   View pdf image (33K)
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