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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 485   View pdf image (33K)
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Acts. 485


determined and adjudged by the Court wherein such suit shall be
and Execution therefore may and shall be made by Capias ad satis-
faciendum fieri facias or otherwise as of Judgment in any Action
of Debt

Liber H. S.
No. 1

And be it further Enacted That if any Writ of Certiorari shall be
hereafter issued out of the Provincial Court to remove any Cause
depending in any County Court within this Province if upon the
Return of such Writ and the Record certified into the said Provincial
Court it shall appear to the Justices of the same Court that the
original Debt or Damages do not exceed the Value of twenty Pounds
Sterling or five thousand Pounds of Tobacco or where the Action
shall be brought upon a Bond or other Specialty for the payment
of Money or Tobacco or Payment or Performance of any Bill of
Exchange protested it shall appear to the said Justices that the Prin-
cipal sum mentioned in such Specialty or Condition thereof or due
on such Bill of Exchange protested doth not exceed the Value of
twenty Pounds Sterling or five thousand Pounds of Tobacco it shall
and may be lawful for the said Justices of the Provincial Court upon
the Prayer of the Defendant in such Cause to award a Procedendo
on such Writ of Certiorari Any Law Usage or Custom to the Con-
trary notwithstanding

[Causes re-
moved from
the County
Court, by
Writ, to the
Provincial,
where the
Debt does not
exceed 20 1.
Sterling &c.
The Justices
on Prayer
of the De-
fendant, may
Award a
Procedendo,
on such writ]
p. 721

And be it further Enacted That in all Cases whatsoever where
Judgments have been entered agreeable to Awards heretofore made
the same shall be deemed and taken to be good and valid and as
effectual in Law to all Intents and Purposes as if the same Judgment
had been rendered upon Verdict or Confession

[Judgments
entered on
Awards, to
be good and
valid]

Provided always That nothing in this Act contained shall extend
or be construed to extend to establish or in any Manner affect any
Judgment that hath been entered on which any Writ of Error or
Appeal hath been prosecuted or is now depending but that such
Judgment shall be considered in all Respects as if this Act had not
been made or be construed to affect any Person or Persons that hath
or have Purchased any Lands Tenements or Hereditaments bona
fide and on good and valuable Consideration but that such Purchases
or Purchasers shall be and remain in the same State Right and
Condition as if this Act had not passed.

[Proviso]

This Act to continue for and during the Space of three Years and
to the End of the next Session of Assembly which shall happen
after the Expiration of the said three Years

[Continu-
ance]

By the Lower House of
Assembly 21:st June 1768
Read and Assented to
Sign'd by Order
T. Wright Cl. Lo: Ho:

On Behalf of the right
Honble the Lord Pro-
prietary of this Province
I Will this be a Law
Hor° Sharpe

By the Upper House of
Assembly 21.st June 1768
Read and Assented to
Signed by Order
U Scott Cl. Up. Ho.


the Great Seal
in Wax Appendant




 
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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 485   View pdf image (33K)
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