Acts. 389

And be it Enacted by the Authority aforesaid, That in all Actions
hereafter to be commenced in the Provincial Court, for the Recovery
of any certain Sum of Money, or Quantity of Tobacco, within the
Jurisdiction of that Court where the Plaintiff is desirous of a speedy
Tryal, That if the Plaintiff shall send a Copy of the Declaration in
the Case, with the Writ, and cause the same to be sued on, or deliv-
ered to the Defendant, or left at his or her Place of Abode, Twenty
Days at the least, before the Appearance-Court, it shall and may be
lawful for the Justices of the said Court, and they are by this Act
required, to proceed to Tryal the same Court; and if the Defendant
shall refuse or neglect to answer or plead, to render Judgment for

Session
Laws
Justices are
to proceed
to Tryal,
on the
Plaintiff's
sending a
Copy of the
Declaration
20 Days
before Ap-
pearance-
Court.

the Plaintiff with Cost of Suit, unless sufficient Cause be shewn by

the Defendant, why there should be an Imparlance.
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

p. 3

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
shall (at the Prayer of either Plaintiff or Defendant, either before
or after Judgment, or Verdict of a Jury, at Common Law) hear and
determine the same, according to the Rules of Equity and good Con-
science, 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 Con-
trary 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

Actions to
be deter-
mined by
the Justice
of County-
Courts,
according
to Equity;
the Thing
in Dispute
not being of
sufficient
Value to
move 'em
into
Chancery.

thereof as shall be unpaid by the principal Debtor, shall be paid or
tender'd 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 Virtue 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 Judgment
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 As-
signee shall be entituled unto, and have the same Execution against
the principal Debtor, by Virtue of such Assignment and this Act, as

The
Obligee, or
Indorsee, to
assign the
Obligation
to the
Surety, on
tendring
the Sum
sued for, &c.