500 Assembly Proceedings, October 4-November 26, 1763.

No. 20

[No. XXI]
Liber H. S.
No. I
p. 509
[Passed the

2ist of

November]
[Preamble]

An Act for the Speedy recovery of small Debts out of Court before
one Justice of the Peace

Whereas the recovery of Small debts before one Justice of the
Peace out of Court has been found at great Satisfaction and Ease
to the Good People of this Province and that the Jurisdiction of
one Justice of the Peace by the law heretofore made is not sufficiently
extended to Suit their Conveniency and benefit It is therefore humbly
Prayed that it may be Enacted

[Debts not
above 6oolb
of Tobacco
or 50s. to be
recovered
before a
single
justice]

And be it enacted by the Right Honourable the Lord Proprietary
by and with the Advice and Consent of his Lordships Governor and
the Upper and Lower Houses of Assembly and the Authority of
the same That in all Cases where the real Debt or Damage doth not
exceed Six hundred Pounds of Tobacco or fifty Shillings Current
Money it shall and may be Law full for any one Justice of the Peace
of each respective County wherein the Debtor doth reside to try
hear and Determine the Matter of Controversy between the Creditor
and Debtor and upon full hearing of the Allegations and Evidences
of both Parties shall give Judgment According to the Equity and
Right of the Matter & if need be Charge the Constable with the Body
of the Debtor in Execution who is hereby Obliged and empowered
to carry the Person so committed 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 or any other Justice of the
Peace for the same County shall within twelve Months from the
Time of the Rendition of said Judgment award Execution thereon
directed to the Sheriff of the County by Warrant or Mittimus in
the Nature of a Capias ad Satis faciendum fieri facias or Otherwise
and that in Case upon the return of any Warrant or any Complaint
Issued by any Justice it shall Appear that the Person against whom
the same shall issue is not to be found it shall and may be lawfull
for the Creditor to Proceed in the several and respective County
Courts for Obtaining an Attachment according to the Directions of
the Act for issuing out Attachments in this Province and limitting
the extent of them against the Goods Chattells 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

[Time
allowed to
procure
evidences,
&c.]

And Whereas many times Witnesses may be wanting or the
Parties not Prepared to make Good their Allegations immediately
on the Appearance of a Defendant so that a further Time may be
Necessary to examine into the matters of Controversy Be it therefore
enacted That when any Defendant shall be brought on a Warrant
before any Justice of the Peace such Justice may if he in his Dis-