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Proceedings and Acts of the General Assembly, 1762-1763
Volume 58, Page 502   View pdf image (33K)
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502 Assembly Proceedings, October 4-November 26, 1763.

Liber H. S.
No. 1
[small debts
not to be
sued for in
the County
Court]

And be it likewise enacted That the Justices of the Several County
Courts within this Province shall not hold Plea in the said Courts
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

[An act
repealed]

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

p. 511

before a Single Justice of the Peace be and is hereby Abrogated
repealed and made Void

[Parties ag-
grieved may
appeal]

Provided always that in Case either Plaintiff or Defendant shall
think him or herself aggrieved by the Determination of any Magis-
trate where the sum shall exceed Thirty three shillings and four
Pence or four hundred Pounds of Tobacco he or She shall be at
Liberty to Appeal to the next County Court before the Justices
thereof who are hereby upon the Petition of the Appellants in a
Summary way to have the Allegations and Proofs of both Parties
and Determine upon the same according to the Equity and Right
of the Matter the same Court in which the said Petition shall be
exhibitted without any further Continuance or delay unless it shall
Appear to the Satisfaction of the said Court that further Time ought
to be given to the Party Applying for the same to enable the said
Court to Determine the Cause according to the equity and Right of
the Matter

[In case of
supersedeas,
bonds to be
taken]

Provided also and be it further Enacted that no Execution upon
any Judgment to be rendered by any Justice shall be stayed or de-
layed or any Supersedeas upon such Judgment granted upon any
Appeal unless the Person Appealing or some other on his or her
behalf shall immediately upon making such Appeal Enter into Bond
with Sufficient Sureties such as the Justice by whom Judgment
shall be given shall Approve of in Double the sum recovered with
Condition that if the Party Appealing shall not Prosecute his Appeal
at the next County Court with Effect According to the Directions
of the Act entituled an Act for the Speedy recovery of small Debts
out of Court before one Justice of the Peace and also pay and
Satisfy the Party in whose behalf the Judgment of the Justice shall
be given his Executors Administrators or Assigns in Case the said
Judgment shall be Affirmed as well the Debt Damage and Cost
Adjudged by the Justice from whose Judgment such Appeal shall
be made as also all Cost and Damage that shall be Awarded by
the Court before whom such Appeal shall be heard tried and De-
termined then the said Bond to be and remain in full Force and
Virtue Otherwise to be of none Effect



 
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Proceedings and Acts of the General Assembly, 1762-1763
Volume 58, Page 502   View pdf image (33K)
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