FOR the greater Ease and Benefit of all Persons inhabiting or residing
within this Province, in taking Recognizances of Special Bail in all
Actions and Suits depending, or to be depending, in his Majesty's Provincial
or County Courts of this Province;
II. Be it Enacted,
by the King's most excellent Majesty, by and with the Advice
and Consent of his Majesty's Governor, Council, and Assembly of
this Province,
and the Authority of the same, That it shall and may be lawful
to and
for the Defendant in any Writ issued, or 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 Writs, to go before one of the Justice s od the
Provincial Court, or before the President or any Two Justices of the
County
Court where such Defendant shall be arrested. with two sufficient Freeholders
of this Province, 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
wherein he shall be so arrested 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.
III. And be it
further Enacted, by the Authority aforesaid, by and with the
Advice and Consent aforesaid, That when Special Bail is required
in the Provincial
Court by the Plaintiff's Attorney, at the calling over the Appearance-Docket,
and that the Court does rule Special Bail shall be given, and the Party,
against whim the Rule is give that he shall give Special Bail, be present;
the Party Defendant shall then and there give Special Bail in open
Court, and
shall be deemed to be in the Custody of the Sheriff that arrested him
in that
Action, 'till he give Special bail as aforesaid. But of the said
Party Defendant
not be able, at the Provincial Court, to procure such Special Bail,
then the said Party shall be and remain in the Custody of the same
Sheriff
that arrested him, and by him in safe Custody kept, guarded and carried
back into the County where the defendant was arrested, and there in
safe
Custody kept, till he can procure such Special Bail.
IV. And for
the greater Ease of making and taking Recognizances of such
Special Bail, it shall and may be lawful for one of the Justices of
the Provincial
Court of this Province, or for the President, or any Two Justices of
the County Court, to take and receive every such Recognizances of Bail
as
any Person or Persons, who shall be deemed by him or them sufficient
Sureties,
shall be willing or desirous to acknowledge or make before him or them
in the County, in any Action or Suit depending, or hereafter to be
depending,
in the said Provincial Court; which Recognizances, so required to be
taken, as well before as after the Return of the Writ, shall be taken
in such
Manner and Form as followeth, viz.
|
Preamble.
Special Bail
to Provincial
Writs, how
to be given in
the County
where the
Defendant is
arrested.
If Special
Bail be ruled
in the Provincial;
Court,
the Party, if
present, shall
give Special
Bail in open
Court, or remain
in Custody
till he
can procure
Special Bail.
Recognizances
of Special
Bail how to
be taken. |
