| 1715. |
1 GEORGE I.
|
CHAP.
XL.
And in Default
of Appearance
the
Effects to be
condemned,
and such
Condemnation
pleadable
by Garnishee
in Bar. |
" in whose Hands or Possession, the said Goods, Chattels and Credits
of the
" absent Defendant shall be attached, that he or they be and appear at
the
" respective Courts, at the Day of the Return of the said Attachment, to
" shew Cause (if they have any) why the said Goods, Chattels and Credits,
" so as abovesaid in their Hands attached, should not be Condemned, and
Execution
" thereof had and made, as in other Case of recoveries, and Judgments
" given in Courts of Record;" At which day of the Return of the
said Attachment, if the said Defendant shall not then appear, nor the said
Garnishee in whose Hands the said Goods, Chattels and Credits of the said
Defendant were attached, to shew sufficient Cause to the contrary, the
said
respective Courts shall and may condemn the said Goods, Chattels and Credits
aforesaid, so as aforesaid attached; and award Execution thereof to be
had
and made, either by Capias ad satisfaciendum, Fieri facias, or otherwise,
as
the said plaintiff might have had against the Defendant himself on the
Judgment
aforesaid; which said Condemnation and Execution of such Goods,
Chattels and Credits of the said Garnishee as aforesaid, had and made,
shall be
sufficient and pleadable in Bar by the said Garnishee or Garnishees, in
any Action
against him or them by the said Defendant for the same.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
|
CHAP. XLI.
|
Passed 3d
June 1715. |
An ACT for the better Administration of Justice in the High
Court of Chancery, Provincial, and County Courts of
this
Province; for the more speedy Recovery of Debts, easy
obtaining
of Executions against Persons absenting from the Counties
where Judgments were recovered against them; for
preventing Commissioners, Sheriffs, Sub-Sheriffs, Clerks,
and
Deputy-Clerks to plead as Attorneys in the respective
Courts to
which they belong; and for Amercements in the provincial
and County Courts. Lib. LL. Nº 4.
fol. 232.
|
The English
Statutes to be
purchased for
the use of
the several
Courts.
Justices
impowered to
make Rules
of Court under
Fines not
exceeding in
the Provincial
Court 1000
lb Tobacco,
in the County
Court 500
lb Tobacco.
Jurisdiction
of the County
Court, limited
in case
of speedy Recovery. |
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
the Justices of the Provincial
and County Courts within this Province, do, with all convenient Speed,
after
the Publication of this Act, at
the Cost and Charges of the Public, and their respective
Counties, purchase and procure, or cause to be purchased and procured,
the Statute Books of England to this Time, and Dalton's Justice
of the Peace,
or such other useful Book of like Sort, as such Justices shall think proper,
where they are not already procured, for the Use of their respective Courts.
II. And
be it further Enacted, by
the Authority aforesaid, That the Justices
of the Provincial, and of each respective County Court within this Province,
by Force and Virtue of this Act, may make such Rules and Orders from Time
to Time, for the well-governing and regulating their said Courts, and the
Officers and Suitors thereof, as to them in their Discretion shall seem
meet,
and under such Fines and Forfeitures as they shall think fit, not exceeding
One Thousand Pounds of Tobacco in the Provincial Court, and Five Hundred
Pounds of Tobacco in the County Court, for any one Offence; all which
Fines shall be to his Majesty, his Heirs and Successors, for the Support
of
Government.
III. And
be it further Enacted, by
the Authority aforesaid, That any * Debt
or Debts of Money or Tobacco due to any Person, being above the Sum of
Four Hundred, and not above the Sum of Ten Thousand Pounds of Tobacco,
and being above the Sum of Thirty-three Shillings and Four-pence, and not |
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