CHAP.
XXVIII.
Form of the
Recognizance,
which shall
be transmitted
to the Provincial
Court,
&c.
Saving Fees
to the Officers.
Fee to the
Justices taking
such Bail.
Provincial
Court to
make Rules
for justifying
such Bails,
&c.
Justices taking
Special
Bail, may examine
the
Sureties upon
Oath.
One or more
County Justices
may take
Special Bail
on Actions
brought in
the County
Court, according
to the
same Method.
The Justice's
Fee, 2 s. 6 d.
County
Courts vested
with the like
Power of
receiving
such
Bail, &c. as
the Provincial. |
" John Doe, Plaintiff, against Richard Row, Defendant.
" You A. B. and C.D. and either of you, do undertake
for the said Richard
" Roe, Defendant in
to be levied on your, and either of your,
" Lands and Tenements, Goods and Chattels, to the Use of the said
John Doe,
" the Plaintiff, upon Condition, That if the said John Doe
do obtain Judgment
" in an Action of
, depending in the Provincial Court against
" the said Richard Roe the Defendant, that then the said
Richard Roe shall
" pay the Condemnation of the Court thereupon, or deliver himself
to the Custody
" of the Sheriff of
County, in Satisfaction thereof; or you or
" one of you will do it for him., They acknowledge themselves
to be content therewith,
" this
Day of
before me
" To the Honourable the Justices of the Provincial Court.:"
Which said Recognizance of Bail, so taken as aforesaid, shall be transmitted
to the Justices of the said Provincial Court sitting, when and where
such
Action or Suit shall be depending; together with a Warrant of attorney,
signed by the said Defendant so giving Bail, directed to some or any
one of
the Attorneys of the Provincial Court aforesaid: Which Recognizance
of
bail so taken as aforesaid, the said Court shall receive upon an Appearance
entered for the said Defendant by any one of the Attorneys of the said
COurt,
pursuant to such Warrant; Saving to the several Officers their lawful
Fees as
have been received for the taking Special Bail in Court: And
shall be of like
Force and Effect, as if the same were taken, de bene esse, before
the Justices
of the Provincial Court during their Sitting. For taking of every
such Recognizance
of Bail, such Justices of the Provincial Court, or President, or any
two Justices of the County Court, that shall take such Bail, shall
receive
only the Sum of Five Shillings, and no more.
V. And be it
further Enacted, by the Authority aforesaid, That the Justices
of the Provincial Court shall make such Rules and Orders, for the justifying
of such Bails, and making the same absolute, as to them shall seem
meet, so
as the Cognizor or Cognizors of such Bail or Bails be not compelled
to appear
in Person in the Provincial Court to justify him or themselves.
VI. And it is hereby
further Enacted, by the Authority, Advice and Consent
aforesaid, That such Justices of the Provincial or County Courts,
before
whom any Recognizance of Bail may happen to be taken, shall have, and
Power is hereby given them to examine the Sureties upon Oath, touching
the
Value of their respective Estates, for the better Satisfaction of the
Justice or
Justices that shall take the same Bail; any Law, Usage, Custom, or
Practice
to the contrary notwithstanding.
VII. And be it
further Enacted, that any Justice or Justices of any County
Court shall and may, on Application to them made by any Person or Persons
whatsoever, on any Action brought, or hereafter to be brought, in any
County Court of this Province, take any Special Bail, according to
the Rules
before directed for taking Special Bail to any Actions brought in the
Provincial;
Court; For the taking of which said Recognizance of Bail in the County
Court, the said justice shall receive as a Fee or Reward, the Sum of
Two
Shillings and Six-pence, and no more: And the said Justices of
the several
County Courts, upon receiving the Bail to be given as aforesaid, shall
act and
do all Things according to the Power by this Act given to the Justices
of
the Provincial Court aforesaid; and the Bail so by them taken, shall
be as effectual
to all Intents and Purposes in the County Court, as the Bails before
directed, shall be in the Provincial Court; any Law, Statute, Usage,
Custom,
or Practice to the contrary notwithstanding.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON. |