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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 492   View pdf image (33K)
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492 Assembly Proceedings, July 10-August 8, 1729.

Session
Laws

Place of Abode, Twenty Days before the Court, in which the Plan-
tiffs apply, for such Debt or Demand to be assessed; as also a Copy
of the Nature of his, her, or their Demand, attested by the Clerk to
assess such Damages, or appoint Auditors to adjust such Demands ;
whereupon it shall be lawful for such Court to give Judgment to
such Creditor or Creditors, on such Bond in usual Manner: But
that Execution only issue for such Sum as shall be made appear to
be due, unless the Party at whose Request such Bond be sued, or
the Defendant or Defendants apply to the Court, praying a Writ of
Enquiry; which, if either Party prays, shall be issued by the Court,
to be proceeded in, according to the Directions of the aforesaid Act
of Parliament; and that Execution issue for no more than found by
the Jury, with Costs and interest, 'till Payment made or tender'd.
And that where any such Bond is proceeded on to Judgment, no
other Creditor shall come in for any Part of the Penalty under
Pretence of any Thing being due to such Creditor, without sending
a Scire Facias to be served, which Scire Facias shall be sued within

p. 36

Eighteen Months after such Recovery, and not after; on the De-
fendant or Defendants. In which Scire Facias, shall be contained
the Nature of such Creditor or Creditor's Demand, and the Sum
due.
And be it further Enacted, by the Authority aforesaid, by and
with the Advice and Consent aforesaid, That all Actions hereafter
to be brought on Sheriffs Bonds hereafter to be passed, shall be sued
or brought within the Space of Five Years after the passing such
Bond, and not afterwards: And all Actions hereafter to be brought
on Sheriffs Bonds heretofore enter'd into, shall be brought and
commenced within Three Years after the End of this present Ses-
sion of Assembly, and not afterwards.
Provided, That this Act, nor any Thing herein contained, shall
bar his Sacred Majesty, his Heirs and Successors, nor the Right
Honourable the Lord Proprietary, his Heirs and Successors, from
suing in their own Right at any Time: And, if any Person entitled
to sue such Bond, shall be at the Time of any Cause of Action on
such Bond, under the Age of One and Twenty Years, Feme Covert,
Non Compos Mentis, Imprisoned, or beyond the Sea, that then such
Person or Persons shall be at Liberty to bring his, her, or their
Action within the Space of Five Years after such Impediment
remov'd, as other Persons having no such Impediment might or
should have done.

Chap.
XXVI
[Supple-
ments 1728,
ch. 23]

A Supplementary Act to the Act, Intituled, An Act, to prevent the
Abuses of concealing convicted Felons, and other Offenders im-
ported into this Province; and for the better Discovery of them.

Forasmuch as it appears to this General Assembly, That the Oath
or Affirmation prescribed by the before recited Act, to be taken by



 
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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 492   View pdf image (33K)
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