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292 Assembly Proceedings, Oct. 2-Nov. 17, 1753.
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Liber H. S.
No. I
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charge the Constable with the Body of the Debtor, in Execution,
who is hereby obliged and impowered to carry the Person so com-
mitted to the Sheriff of the County, together with a Certificate, or
Mittimus from such Justice, wherein shall be certified the Debt
and Cost whereof such Person shall be convict, by him to be safely
kept until Satisfaction or other End thereof, or otherwise, that such
Justice shall award Execution on such his Judgment, (directed to
the Sheriff of the County,) by Warrant or Mittimus, in the Nature
of a Capias ad Satisfaciendum, Fieri facias or otherwise, and that
in Case upon the Return of any Warrant, or any Complaint issued
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p. 25
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by any such Justice, it shall appear that the Person against whom
the same shall Issue, is not to be found, it shall and may be lawful
for the Creditor to proceed, in the several and respective County
Courts, for obtaining an Attachment, according to the Directions
of the Act for suing out Attachments in this Province, and limiting
the Extent of them against the Goods, Chattels, and Credits of such
Persons, for any Sum exceeding One Hundred Pounds of Tobacco,
or Ten Shillings in Current Money; any Act or Acts to the contrary
notwithstanding.
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[One Act,
made in
1715, re-
pealed.]
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And be it likewise Enacted, That an Act of Assembly, made at a
Session of Assembly, held at the City of Annapolis, on the Twenty
Sixth Day of April, Anno Domini Seventeen Hundred and Fifteen,
entituled, An Act for the speedy Recovery of small Debts out of
Court, before a single Justice of the Peace, be, and is hereby abro-
gated, repealed and made void.
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[County
Courts not
to try Causes
under 600
lbs. of To-
bacco or 50
Shillings; ]
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And be it likewise Enacted, That the Justices of the several
County Courts within this Province shall not hold Plea of any Debt,
or Damage, which shall not exceed Six Hundred Pounds of Tobacco,
or Fifty Shillings in Current Money; any Law, Usage, or Custom,
to the Contrary notwithstanding.
Provided nevertheless, That nothing in the said Act shall hinder
the Justices aforesaid from holding Plea, of any Debt or Damage,
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[Unless the
Actions were
commenced
before the
making this
Act]
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where the Suits are or shall be commenced before the End of this
Session of Assembly, tor any bum above Four Hundred Pounds
of Tobacco, or Thirty Three Shillings and Four Pence Current
Money, and under Six Hundred Pounds of Tobacco, and Fifty
Shillings Current Money; any Thing in the abovesaid Act to the
contrary notwithstanding.
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[Continu-
ance.]
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This Act to continue for Three Years, and unto the End of the
next Session of Assembly, which shall happen after the Expiration
of the said Three Years.
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9th November 1753.
Read and Assented to
by the Lower House of
Assembly
Signed p Order
M Macnemara O lo ho
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On behalf of the Right
Honble the Lord Propry
of this Province I will
this be a Law
Hor.o Sharpe
the great seal in
Wax Appendant
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9 Novem.r 1753.
Read and Assented to
by the Upper House of
Assembly
Signed p Order
J. Ross Cl Up Ho.
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