above the Sum of Fifty Pounds Sterling in Money, whereof the Plaintiff
is
desirous of a speedy Recovery against the Defendant his Debtor, in the
County
Court, he shall proceed against such Defendant in Manner and Form following,
That is to say, At the same Time that the Plaintiff sues out his
Writ
against the Defendant, he shall file with the County Clerk his Declaration
thereon, and the Clerk shall make a Copy of the said Declaration, and deliver
the same to the Sheriff with the Writ; and if the Sheriff can serve the
said Writ upon the Defendant, and deliver to the Defendant the Copy of
the
Plaintiff's Declaration, Eight Days before the Return of the said Writ,
then
the Defendant shall be obliged by virtue of this Act, to go to Trial with
the
Plaintiff the same Court in which the Writ is returned, and shall not have
any Imparlance. And the Justices of the several and respective County
Courts
are impowered, by this Act, to give Judgment against the Defendant, in
case of his Refusal to plead or answer, as they might do in case of a legal
Trial had before them: Except in some very extraordinary Cases or
Accidents,
at the Discretion of the said Justices.
* By 1763, ch. 20, §. 6, no
County Court shall hold Plea of any Debt or Damage, which
shall not exceed 600 lb Tobacco,
or 50 Shillings Current Money.
IV. And be it
further Enacted, by the Authority
aforesaid, by and with the Advice
and Consent aforesaid,
That
in all Actions which shall at any Time after the
End of this Session of Assembly, be sued or prosecuted in the County Courts
of this Province, wherein upon Trial it doth appear to the Court, that
the
just Balance doth not exceed Four Hundred Pounds of Tobacco, or Thirty-three
Shillings and Four-pence in Money, the Plaintiff shall be Non-suited.
V. And
be it further Enacted, by
the Authority aforesaid, That in all Actions
which shall, at any Time after the End of this present Session of Assembly,
be sued or prosecuted in the Provincial Court of this Province, and
upon Trial it doth appear to the Court that the just Balance of the Debt,
or
Thing in demand, is under Fifteen Hundred Pounds of Tobacco, or Six
Pounds Five Shillings in Money, the Plaintiff shall be Non-suited.
VI. Provided
neverhteless, That nothing in
this Act contained, shall be
construed to give the said Provincial Court any other Jurisdiction, than
hat
is agreeable to the Act of Assembly, for relieving the Inhabitants of
this Province
from some Aggrievances in the Prosecution of Suits at law: Any
Thing
herein contained to the contrary notwithstanding.
VII. And
be it Enacted, by the Authority
aforesaid, That his Majesty's
High Court in Chancery within this Province, shall not hear, try, determine
or give Relief in any Cause, Matter or Thing, wherein the original Debt
or
Damages doth not amount to Twelve Hundred and One Pounds of Tobacco,
or Five Pounds and One Penny in Money.
VIII. And
be it Enacted, by the Authority
aforesaid, That when any Person
or Persons, against whom any Judgment or Non-suit shall be given in any
County Court of this Province, shall fly, remove, or absent hi or themselves
out of the County, and Jurisdiction of that Court where such Judgment or
Judgments shall be given; that then, and in every such Case, the Plaintiff
or Plaintiffs in every such Judgment or Judgments, for the more easy obtaining
the Fruit and Effect of such Judgment, whether the same be for Costs of
Non-suit or otherwise, shall or may take the Transcript of the Record of
such Judgment, under the Seal of the Court where such Judgment shall be
obtained, and lay the same before the Justices of the County Court where
the said Defendant or Defendants shall happen to be: Which Transcript
shall be entered upon the Record
of such County Court; and the Justices of
such County Court shall, by virtue
of this Act, award Execution against the
Person or Persons whom such judgment shall be rendered; by Capias ad |
CHAP.
XLI.
How to bring
on speedy
Trial in the
County
Court.
Exception.
What Balance
in the
County
Court shall
Non-suit the
Plaintiff.
See the Note on
§. 3.
In the Provincial
Court
what Balance
shall Non-suit
the Plaintiff.
Provincial
Court to have
no other Jurisdiction,
than by 1714,
ch. 4.
For what original
Debts,
Suits may be
brought in
Chancery.
Record of
Judgment,
transmitted
under Seal
from one
County
Court to another;
and Execution
issued
thereon,
without Scire
facias, against
Persons flying,
&c. out
of the County. |
