|
|
the several Sheriffs of this Province are hereby required to forward
them in the same Manner as other Public Letters are directed by Law
to be forwarded, and under the like Penalties.
LXXXVIII. And be it further Enacted, That if any Commis-
sioner, herein before appointed for executing such Part of this Law
as relates to the Rates and Assessments therein mentioned, shall
refuse to serve, not having a lawful Excuse, to be proved by the
Oath of One Witness, for every such Refusal, shall forfeit the Sum
of One Hundred Pounds Current Money, to be recovered and applied
as herein after directed.
LXXXIX. And be it further Enacted, That in Case Two of the
Persons appointed Commissioners for any of the Counties aforesaid,
should die, refuse, or be otherwise rendered incapable to discharge
the Duties enjoined them by this Act, then the other Commissioner
shall, and he is hereby authorized and required to execute the Duties
aforesaid; and the Transactions of such Commissioner shall be as
valid, to all Intents and Purposes, as if no such Refusal, Death, or
Incapacity, had happened; any Thing in this Act, to the contrary,
notwithstanding.
XC. And be it further Enacted by the Authority aforesaid, That
if any Suit or Action shall be brought or prosecuted against any
Person or Persons, for any Thing done or to be done in Pursuance
of this Act, that in every such Case the Action or Suit shall be
commenced within Six Months after the Fact committed, and not
afterwards; and the Defendant or Defendants in such Action or
Suit, may plead the General Issue Not Guilty, and give this Act
and the special Matter in Evidence, at the Trial to be had thereupon,
and that the same was done in Pursuance and by Authority of this
Act; and if it shall appear so to be done, or if any such Action or
Suit shall be brought after the Time limited for bringing the same,
then the Jury shall find for the Defendant or Defendants; or if the
Plaintiff or Plaintiffs shall become Nonsuit, or suffer a Discontinu-
ance of his, her or their Action or Actions, or if a Verdict shall pass
against the Plaintiff or Plaintiffs, or upon Demurrer Judgment shall
be given against the Plaintiff or Plaintiffs, the Defendant or Defen-
dants shall and may recover Treble Costs, and have such Remedy for
the same as any Defendant or Defendants hath or have for Costs
of Suit in other Cases at Law.
XCI. And be it further Enacted, That the several Fines and For-
feitures herein before mentioned, except where it is otherwise directed
by this Act, shall and may be recovered by Action of Debt, Bill,
Plaint or Information, with Costs, in any Court of Record within
this Province, wherein no Essoin, Protection or Wager of Law,
shall be allowed; one Half thereof to the Informer, or him, her or
them, that shall sue for the same, the other Half thereof to be paid to
|
Printed
Pamphlet.
Md.Hist.Soc.
|
|
