CHAP.
XXXIII.
Provided the
Debtor with
two sufficient
Sureties, confess
Judgment
for Debt and
Costs.
* 10th February:
See the
Note on §. 2.
Form of the
Confession, or
Security.
† 10th February:
See the
Note on §. 2.
And a Certificate
thereof
under Hands
of the Justices
shall be a
sufficient Supersedeas
to
the Sheriff.
If arrested,
such Certificate,
obtained
afterwards,
shall release
the Prisoner,
of his paying
Fees.
Judgment so
confessed shall
be recorded.
Clerks Fees,
5 lb Tobacco.
After 10th
February Execution
may
be taken out
without Scire
facias, &c.
The President,
or two
Justices of
any County
Court, may
supersede Execution
of
Judgment
rendered in
the Provincial. |
this Province, in the Provincial, or any County Courts of this Province,
for
any Cause, Matter or Thing whatsoever.
* By the Act of 1728, ch. 24,
§. 4, 5, 6, the Time in this Act of 1715, shall hereafter be
changed, from the 10th of November, to the 10th
February;
and the Words [on the 10th November
next] in the Confession, shall be changed to these Words
[on the 10th Day of February
next.] And it shall not be lawful for any Person
to sue out any Judgment, so superseded, 'til
after the 10th February next ensuing such Supersedeas.
III. Provided
such
Person or Persons against whom any such Judgment is
obtained, together with Two other
persons, such as the Justices shall approve
of, come before One Justice, or
more, of the Provincial Court, or Two Justices,
or more, of the respective County
Courts where such Judgment is obtained
as aforesaid, and shall confess
Judgment for his Debt and Costs of Suit
adjudged, with Stay of Execution
'til the Tenth Day of November next, for
this present Year, or until the
Tenth Day of * November, in any other Year,
next following; which Confession
is to be made in Manner and Form following,
That is to say,
" You H.M. A.B. and
C.D.
do
confess Judgment to E.F. for the Sum of
"
which Sum was recovered by the said E.F. against H.M. on
the
"
Day of
in the
Court: The said
" to be levied of your Bodies,
Goods or Chattels, Lands or Tenements, for the Use
" of the said E.F. in
case the said H.M. shall not pay and satisfy to the said
" E.F. the said
so as aforesaid recovered against him, with the additional
" Cots thereon, on the Tenth
Day of † November next."
Which Confession is to be signed
by the Justice or Justices before whom such
Confession is to be made, and thereof
procure Certificate under the Hand of
the same Justice or Justices before
whom such Judgment shall be confessed;
and such Certificate shall be a
sufficient Supersedeas to the Sheriff, to forbear
serving Execution upon the Body
or Goods of the Person so obtaining such
Certificate.
IV. And if
the Party be taken in Execution before such Certificate be produced,
then, such Certificate, being obtained
afterwards as aforesaid, shall be
a sufficient Supercedeas to
the Sheriff to release such Person out of Prison upon
that Execution, the party paying
or giving Security to such Sheriff for his
due Fees for that Imprisonment:
And the Justice or Justices, before whom
such Judgment shall be confessed
as aforesaid, shall return the Judgment so
confessed to the Clerks of the respective
Courts where the first Judgment was
obtained, to be entered upon Record;
for which Entry the Clerk shall receive
as a Fee Five Pounds of Tobacco,
and no more. And that after the
said Tenth Day of November,
it shall be lawful to take out Execution upon
the Judgment confesses as aforesaid,
without any Scire facias, or any other
Delay, against either the Principal
or the Security, or all or either of them,
for such Judgment so confessed as
aforesaid; any Law, Usage or Custom to
the contrary in any wise notwithstanding.
V. And be it
further Enacted, by the Authority
aforesaid, That the President,
or Two Justices of any County Court within this Province, may proceed
to the Staying or Superseding the Execution of any Judgment rendered,
or to be render'd, in the Provincial Court, as fully and effectually,
to all Intents,
Constructions and Purposes, as any Justice of the Provincial Court
might, or ought to do.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
N.B. By 1721, ch.
4, the above Power of Superseding is extended to Judgments obtained
in
the High Court of Appeals, and Chancery: And also
to small Debts recovered before a Single
Magistrate. And by 1732, ch. 22, Executions
issued before the 10th of May, in any Year, but
not served till after that Day, may be superseded in
the same Manner as if they had been issued
after the 10th of May.
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