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Acts. 501
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cretion shall think fit give and Allow to such Defendant a future
Certain day not exceeding ten days to Appear before such Justice or
any other Justice of the same County at a Certain place to be Ap-
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Liber H. S.
No. 1
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pointed to Answer unto such Warrants such Defendant giving Good
and Sufficient Security if such Justice shall Award it Necessary
by way of Recognizance in the Nature of Bail for the Defendants
Appearance at the time and Place Appointed and Paying what he
shall be Condemned in on the said Warrant or Surrendering his
Person to Prison in Satisfaction thereof or in Default of the De-
fendants giving such Security to commit such Defendant to the
Sheriffs Custody till he give such Bail &c if the Defendant shall
not Appear at the Time and Place Appointed Judgment may be
rendered against him on such Default or on an exparte Hearing
if the Justice does not see cause to the Contrary and if Judgment
shall be in any Manner rendered against the Principal Debtor and
he does not pay such Condemnation or render himself on Execution
to be issued returnable at the end of thirty days from the Issuing
thereof a Warrant shall and may be issued and Recovery and Exe-
cution had against such Bail in the same Manner as against Principal
Debtors saying to such Bail all manner of Defence that Special Bail
in Courts of Law are intituled to on the return of the first or second
Scire facias and the Liberty of Delivering up the Principal Debtor
on the return of such Warrant on Payment of Costs on the same
Warrant
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p. 510
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Provided always and it is hereby enacted That the Constable shall
give notice to the Plaintiff or his Agent where either of them lives
in the same Hundred of the Time and Place he intends to carry
the Defendant before a Justice and in Case neither the Plaintiff
having notice as aforesaid nor any Person for him nor the Plaintiff
nor any Person for him when such Plaintiff lives out of the same
Hundred and hath not Appointed any Agent in that Business with
or without notice shall Appear on the return of the Warrant or
shall make default in not Appearing at the Time and Place Ap-
pointed when there shall be an Appointment by the Justice of a
Future day for an hearing the Justices before whom any Defendant
shall be brought on a Warrant as aforesaid or before whom he shall
Appear on an Appointment as aforesaid shall and may Hear and
Determine the matter of Controversy Exparte
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[Constable
to give notice
to the
Plaintiff]
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And be it further enacted That from and after the end of this
Present Session of Assembly it shall and may be lawfull for the
Justices before whom any such Judgment is had or any other Justice
of the Peace of that County to take a Supersedeas of such Judgment
in the same manner and for the same time as is by law directed for
any two Justices to take of any Judgments or Executions on Judg-
ments rendered in the Several County Courts of law of this Province
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[Supersedeas
may be
taken]
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