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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 296   View pdf image (33K)
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296 Assembly Proceedings, October 2-November 30, 1771.

Liber R. G.
1771

And Whereas it hath been doubted of what Value the said Free-
hold in the said recited Act mentioned ought to be;

[Qualifica-
tions of a
Juror.]

It is hereby enacted that no Juror shall be received as a qualified
Juror in any Court within this Province (the Mayors Court of the
City of Annapolis excepted) unless such Juror shall have an Estate
of Freehold at least in his own Right or in the Right of his Wife in
fifty Acres of Land or upwards or an Estate of Freehold as afore-
said of the full Value of fifty Pounds Sterling at the least if the
Plaintiff or Defendant will challenge any Juror for Want of such
Freehold.

[Form of
Recogni-
zance of
Bail.]

And be it further enacted that instead of the Form of Recog-
nizance of Bail prescribed by the Act entitled an Act for taking
special Bail in the several Counties in this Province upon Actions
or Suits depending in his Majesties Provincial Court and in the
several County Courts of this Province the following shall be ob-
served & used in all Actions to be commenced from & after the End
of this Present Session of Assembly that is to say John Doe Plaintiff
against Richard Roe Defendant, "You A. B. and C. D. do jointly
and severally acknowledge yourselves special Bail for the said
Richard Roe at the Suit of the said John Doe in an Action of Debt
brought by the said John Doe against the said Richard Roe in the
Provincial Court. They acknowledge themselves to be content there-
with this Day of before "

To the Honourable the Justices of the Provincial Court, varying
nevertheless the said Form according as the Nature of the Action
may require and that the said Recognizance shall have the same
Force and Effect as any Recognizance of Bail acknowledged & taken
in open Court.

[Justices to
examine
into the
Sufficiency
of Bail, &c.]

And be it further enacted that the Justice or Justices by and before
whom any such Recognizance of Bail shall be taken and acknowl-
edged shall & they are hereby required carefully to examine into the
Circumstances and Sufficiency of the Bail so to be taken as aforesaid
and to be careful that they do not take any Recognizance of Bail of
Persons that shall not appear to them to have sufficient Estate within
this Province to answer the same at the Time of taking and acknowl-
edging thereof. Provided that nothing herein shall be construed to
abridge or take away the Power of the Justices of the Provincial
or County Courts within this Province to make Rules and Orders
for the Justifying Bails and making the same absolute or to examine
the Sureties upon Oath touching the Value of their Estates as by

[Upon Judg-
ment ren-
dered on
Recogni-
zance of Bail,
Plaintiff may
issue Exe-
cution, &c.]

the said recited Act they are required to do.
And be it also enacted that upon any Judgment hereafter to be
rendered upon any Recognizance of Bail it shall and may be lawful
for the Plaintiff or Plaintiffs therein to issue Execution against the
Body Goods or Chattels Lands or Tenements of the Defendant as



 
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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 296   View pdf image (33K)
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