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Session
Laws
p. 25
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no Demand, and shall only have Judgment for his Damages, and
shall lose all his own Costs: And if the Plaintiff join in Issue upon
the Demand, and it be found against him, then the Plaintiff shall
lose his own Costs, and pay Costs of such Tryal to the Defendant;
yet the said Plantiff shall have Judgment to recover his Debt or
Damages _for which he sues, or for so much thereof as appears due
upon Ballanre
And be it further Enacted, That if any Debtor, or Debtors, be
sued by any Creditor or Creditors, for any Sum or Sums of Money
or Tobacco, due upon the Debtor's Assumption, or due by Bill or
Bond, under the Hand and Seal of the said Debtor, and the Debtor
confess the Assumption, or such Part thereof as he shall think fit to
plead Discount to, and acknowledge his Act or Deed; but saith
further, that he hath an Account of his own against the Creditor,
that hath arisen due to the Debtor, since the passing such Bill or
Bond, or after such Assumption as aforesaid, which he desires may
be discounted; or shall give any Account proved according to the
Directions of this Act, and lodged or filed in Court in Evidence
upon the General Issue; it shall and may be lawful for the Justices
before whom such Matter shall be depending, upon good Proof
made of such Account, to cause the same (altho' of a less or in-
feriour Nature) to be discounted in Court, and give Judgement
thereupon against the Defendant for so much only as shall be re-
maining to the Plantiff; with Cost of Suit: Provided the Ballance
exceed Four Hundred Pounds of Tobacco, or Three and Thirty
Shillings and Four Pence in the County Court; and Fifteen Hun-
dred Pounds of Tobacco, or Six Pounds Five Shillings Sterling in
the Provincial Court; otherwise the Plantiff shall be nonsuited, as
by other Laws are provided.
Provided nevertheless, That nothing in this Act contained, shall
be construed to give the said Provincial Court any other Jurisdic-
tion, than what is agreeable to the Act of Assembly for relieving
the Inhabitants of this Province from some Aggrievances in the
Prosecution of Suits at Law: Any Thing herein contained to the
contrary, notwithstanding. And for the further Declaration of
what shall be taken and allowed for Evidence to prove such Bills
or Bonds,
Be it Enacted, That the Oath of one or more of the Persons that
subscribed as Witnesses to such Bill or Bond, made before One
Justice of the Provincial or County Court of this Province, in their
respective Counties, or any other legal Evidence, shall be Evidence
to prove the Debts, in the Provincial and County Courts of this
Province.
Provided nevertheless, That if the Defendant will traverse such
Proof, and put it upon the Country for Tryal, it shall be allowed
him so to do.
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