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Session
Laws
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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 entituled to an Execution against the other Sure-
ties, against whom Judgment hath been obtained by the principal
Creditor, for a proportionable Part of the Debt or Damage paid by
such Assignee; any Law, Usage, or Custom, to the contrary not-
withstanding. Provided always, That no Defendant, or Defendants,
shall be precluded or debarred of his or their Remedy against the
Plaintiff, by Audita querela, or other Proceeding whatsoever; any
Thing in this Act to the contrary notwithstanding.
And to the End That no Person who shall not be found and served
with the usual Process, and against whom any Judgment shall be
rendered henceforth in the Provincial Court, by Virtue of this Act,
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p. 6
The Plain-
tiff to give
Security
to the De-
fendant,
to make
Restitution,
upon due
proof that
all, or any
Part of the
Debt was
satisfied
before
Recovery
thereof
by Law.
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where the Debtor, Damage sued for, or any Part thereof, is now,
or at any Time before the Commencement of such Suit shall be paid,
shall be injured or surprized into such Judgment, Be it Enacted by
and with the Authority, Advice, and Consent aforesaid, That when,
and as often as any Sum of Money, Quantity of Tobacco, or other
Goods, shall be taken in Execution, or any Land shall be extended
by Virtue of any Judgment in the Provincial Court, that shall be
rendered against any Person who shall not be arrested or taken
upon, and by Virtue of, the usual Process in the Case, the Person to
whose Use any Money, Tobacco, or other Effects, shall be levied, or
any Land extended, shall be obliged to give sufficient Security in the
Provincial Court, to restore such Money, Tobacco, Goods, or Lands,
to the Defendant or Defendants, at any Time within Three Years
from the Return of any Execution, executed in case such Defendant
or Defendants shall make appear, within that Time, that he, she,
or they had satisfied the Sum sued for, recovered, and executed;
and in case the Defendant or Defendants shall make appear that any
Part hath been satisfied as aforesaid, that then, and in such Case, the
Court shall award Restitution to be made to such Defendant or
Defendants, of so much as he, she, or they, have paid, and the Money,
Tobacco, or other Goods levied, or Lands extended, exceeds the real
Debt or Damages, and legal Costs of Suit; any Law, Usage, or Cus-
tom, to the contrary notwithstanding.
And be it further Enacted, That if any Person, who shall not be
taken and arrested as aforesaid, and against whom any such Judg-
ment shall be rendered as aforesaid, and whereof no Part shall be
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In such
Case, the
Provincial
Court may
vacate
Judgment,
and
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levied or extended by Virtue of any Execution, shall at any Time,
within Three Years after the rendering such Judgment, make appear
to the Provincial-Court, that the real Debt or Damage, for which
such Judgment shall be rendered, hath been satisfied before the ren-
dering thereof, that then, and in all such Cases, the Provincial Court
shall and may vacate such Judgment; any Law, Usage, or Custom,
to the contrary notwithstanding.
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