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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 297   View pdf image (33K)
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Acts. 297


if the said Judgment were for his own proper Debt any Law Usage

or Custom to the Contrary thereof in any wise notwithstanding.

Liber R. G.
1771

And be it enacted and declared that Execution may be issued on
any Judgment rendered or to be rendered in the Provincial Court
or in any County Court of this Province with stay of Execution at
any Time within one Year next after the Expiration of such Stay.
Provided that the Stay of Execution be entered upon the Clerk of
the Court his Docket at the same Court when the Judgment shall
be rendered and also after the Dissolution of any Injunction of or
from the Court of Chancery or the Discharge or Expiration of any
Supersedeas on Appeal or any Writ of Error at any Time within
one Year after Dissolution of such Injunction or Discharge or Ex-
piration of such Supersedeas.

[Execution,
&c. may be
issued within
one Year
after Ex-
piration of
Stay of Exe-
cution, &c.]
p. 162

And be it further enacted That if any Cause instituted or here-
after to be instituted in any of the Courts of this Province shall by
Rule of Court and by the Consent and Agreement of the Parties
thereto be submitted and referred to the Award and Arbitrament of
any Person or Persons it shall & may be lawful to and for such
Court to give Judgment upon the Award of the Person or Persons
to whom such Submission and Reference shall be made as of the
Court to which such Award shall be returned & to award Execution
thereon in the same Manner as they might do upon Verdict Con-
fession or Non-Suit and that such Judgment shall have the same
Effect to every Intent and Purpose as any Judgment upon Verdict
or Confession would have.

[Causes sub-
mitted to
Arbitration,
Judgment on
the Award
to be as
effectual as
upon Ver-
dict, &c.]

Provided always that such Award shall remain seven Days in the
Provincial Court during their Sitting if returned to the Provincial
Court or three Days in the respective County Courts during their
Sitting if returned to any County Court after the Return thereof
before any such Judgment shall be entered up. And if it shall appear
to the Justices of the said Court to which any such Award shall be
returned within the respected Times aforesaid that the same was
obtained by Fraud or Mal-Practice in or by Surprize Imposition or
Deception of the Arbitrators or without due Notice to the Parties
or their Attorney or Attorneys it shall and may be lawful for the
said Court to set aside such Award and refuse to give Judgment
thereon.

[Proviso.]

Provided always And be it enacted that if in any Cause which
hath been referred or which shall hereafter be referred by Virtue
of this Act either of the Parties or any of the Arbitrators to whom
the same is or shall be referred hath died or shall happen to die
before any Award was or shall be made or if the Arbitrators or any
of them have refused or shall refuse to act or if after an Award
made the same hath been or shall be set aside that then all that
Space of Time from the Impetration of the Original Writ in such

22

[Proviso.]



 
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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 297   View pdf image (33K)
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