have Occasion to sue their several Debtors, likewise Inhabitants as
aforesaid,
on Bills, Bonds, or other Specialties; and that the penal or principal
Sum
for which such Bill, Bond, or Specialty was passed, does exceed One
Hundred
Pounds Sterling, of Thirty Thousand Pounds of Tobacco, on which
Bill, Bond, or other Specialty a Sum under Twenty Pounds Sterling,
or Five
Thousand Pounds of Tobacco remains due; so that the Plaintiff putting
such
Bill, Bond, or other Specialty in Suit in the Provincial Court, must,
by virtue
of this Act be Non-suit, and the justices of the County Court, by their
Commission
not able to hold Cognizance of the same; by Means whereof the party
having Occasion to put such Bill, Bond, or other Specialty in Suit,
was
heretofore without Remedy: For Prevention whereof for the future,
and
that there may not be a Failure of Justice in such Case; Be
it Enacted, by
the Queen's most excellent Majesty,
by and with the Advice and Consent of her Majesty's
Governor, Council, and Assembly
of this Province, and the Authority of the
same, That every Person or
persons, Inhabitants of this province, shall and
may hereafter sue and implead, in
any County Court of this Province, where
the Debtors reside, any Person or
persons, Inhabitants as aforesaid, their
Debtors, on any Bill, Bond, or other
Specialty, the principal or penal Sum
whereof exceeds One Hundred Pounds
Sterling, or Thirty Thousand Pounds
of Tobacco; and on which Bill, Bond,
or other Specialty, there is not due
to Ballance above Twenty Pounds
Sterling, or Five Thousand Pounds of Tobacco,
but shall be * above the Sum of
Two Hundred pounds of Tobacco,
or Sixteen Shillings and Eight-pence
Current Money; and the several Justices
if the County Courts are hereby
impowered to hold Cognizance of such Suit
brought on such Bill, Bond, or other
Specialty, and give Judgment for the
just Ballance, with Costs of Suit;
their Commissioner, any Law, Usage or
Custom, to the contrary notwithstanding.
* But by 1723, ch. 13, the County Courts shall not hold Plea of
Debt or Damage which
shall not exceed 600
lb Tobacco, or 50 Shillings Currency: Those Causes being determinable
by a single Magistrate,
by virtue of that Temporary Act.
VI. And
be it further Enacted, by
the Authority, Advice and Consent aforesaid,
That from and after the End of this
present Session of Assembly, if any
Drawer or Indorser of any Bill of
Exchange, shall be sued or prosecuted, in
any Court of this Province, for
any Sum of Money due upon any Protested
Bill of Exchange, the Attorneys,
prosecuting or defending any Action thereupon,
shall not exact, demand, receive
or take any more than one lawful Fee,
for prosecuting or defending any
Action upon any one Protested Bill, notwithstanding
there be two or more Indorsers,
and the said Drawer, sued and
prosecuted: And that it shall
and may be lawful for the Plaintiff, in any Action
to be brought on ay Protested Bill,
to put into any one Writ, two or
more Defendants residing in one
County, if Occasion shall require; and shall
not pay for the same any other fee
or Reward than for one Writ; and shall
and may, at his Election, Declare
against such Defendants in one or more Declarations
as he shall think fit; any Law,
Statute, Usage, or Customs, to the
contrary notwithstanding.
VII. And
be it further Enacted, by
the Authority, Advice and Consent aforesaid,
That it shall and may be lawful
to and for the Defendant, in any Writ
issued, of to be issued out of the Provincial Court, after Arrest, and
Bail given
to the Sheriff for his Appearance; and before the Return of such Writ,
to go
before the President, or any Two Justices of the County Court, where such
Defendant shall be Arrested, with two sufficient Free-holders, such as
the
Justice or Justices, before whom such Defendant shall go, shall approve
of;
and then and there give Special Bail to any action, by virtue of such Writ:
Which Bail, so taken, shall be delivered to the Sheriff of such County
where
the same is taken, to be by him returned with such Writ to the Provincial
Court. And the said Bail so taken and returned to the Provincial
Court with
such Writ, shall be as sufficient as if taken before the President of the
County
Court, after the Return of the Writ, and Appearance entered, according
|
CHAP.
IV.
County
Courts may
hold Plea,
&c. of Specialties
whose
penal Sum
exceeds 100 l.
Sterling, or
30000 lb
Tobacco,
wherein the
Ballance due
is not above
20 l. Sterling,
or 5000 lb
Tobacco.
and shall exceed
200 lb
Tobacco, or
16 s. 8 d.
Current Money.
Where two
or more Indorsers,
and
the Drawer,
are sued upon
any Protested
Bill, no more
than one Attorney's
Fees
shall be paid.
And the
Plaintiff may
file one or
more Declarations
on the
same Writ.
Special Bail
how to be
taken, without
personal
Appearance
in the Provincial
Court. |
