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And whereas several Judgments have been rendered in the
County-Courts according to the strict Rules of Law, and against
Equity, for small Sums, That the Chancery Court could not have
any Cognizance of, to the great Loss and Prejudice of several of
the poorer Sort of People, and Ruin of some; For Remedy whereof,
Be it Enacted, by the Authority aforesaid, That in all Actions in
the County-Courts, where the Matter or Thing in Dispute is not of
sufficient Value to remove the same into Chancery, the Justices of
the County-Court where such Action shall be brought, may and
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Session
Laws
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shall (at the Prayer of either Plaintiff or Defendant, either before
or after a Judgment, or Verdict of a Jury at Common-Law) may
hear and determine the same according to the Rules of Equity and
good Conscience, as fully and amply as the Chancellor or Keeper
of the Great Seal might do in any Case, within the Jurisdiction of
the Chancery Court; any Law, Usage, Verdict of a Jury, or Custom
to the contrary notwithstanding.
And be it Enacted, That where any Person or Persons is or are
Bound in any Bond or other Obligation, for the Payment of Money,
Tobacco, or other Goods, or indorse any Bill of Exchange that shall
be protested, and the Money, Tobacco, or other Goods, or such Part
thereof as shall be unpaid by the principal Debtor, shall be paid or
tendered by the Surety or Indorser, that the Obligee or Indorsee,
shall be obliged to assign such Bond, Obligation or protested Bill to
the Surety, paying or tendering the Money, Tobacco, or other
Goods, due as aforesaid; and that the Assignee shall and may by
Vertue of such Assignment, and this Act, have an Action in his or
her own Name, against the principal Debtor, any Law, Usage or
Custom to the contrary notwithstanding.
And be it Enacted, That where any Person shall recover Judg-
ment against the principal Debtor and Surety, and such Judgment
shall be satisfied by the Sureties, that the Creditor shall be obliged
to assign such Judgment to the Surety, satisfying the same, and
that the Assignee shall be entitled unto, and have the same Execu-
tion against the principal Debtor by Vertue of such Assignment and
this Act, as the Creditor might or ought to have had; and that where
Judgment shall be rendered against several Sureties, and one of
them satisfies the Whole, the Plaintiff or Creditor shall be obliged
to assign such Judgment to the Surety satisfying the same, and
that the Assignee shall have and be entitled to an Execution against
the other Sureties, against whom Judgment hath been obtained by
the principal Creditor for a proportionable Part of the Debt or Dam-
age, paid by such Assignee; any Law, Usage or Custom to the con-
trary, notwithstanding.
Provided always, That no Defendant or Defendants shall be pre-
cluded or debarred of his or their Remedy against the Plaintiff, by
audita querela, or other equitable Course or Proceeding whatsoever ;
any Thing in this Act to the contrary, notwithstanding.
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p. 244
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