CHAP.
XLI.
No Magistrate,
Sheriff,
or Clerk, &c.
shall plead as
an Attorney
in the Court
wherein he
bears Office,
on Penalty of
3000 lb Tobacco.
N.B. This
Clause is Repealed
by
1722, ch. 12,
§. 3, by
which Act Amercements
are
at present regulated.
Clerks of
Courts, to
keep Accounts
of Amercements,
and send the
same to the
Sheriffs, to
collect them
with the levy.
County
Clerks to give
the Chief Justice
an Account
of Amercements.
The Provincial
Clerk to
lay a List, &c. |
satisfaciendum, Fieri facias, or Attachment, for the Debt, Damages
and Costs
in such Judgment or Recovery mentioned, together with such Execution shall
be
awarded, without suing out any Writ of Scire facias.
IX. And
be it further Enacted, by
the Authority aforesaid, by and with
the Advice and Consent aforesaid,
That
no Person being in the Commission of the
Peace, no Sheriff or Deputy-Sheriff, Clerk or Deputy-Clerk of those Courts,
wherein they bear Office, shall plead as Attorneys for or in Behalf of
any
Person or Persons, on Penalty of forfeiting Three Thousand Pounds of Tobacco
for every such Offence, whereof such Offenders shall be found Guilty;
one Half thereof to his Majesty, his Heirs and Successors for the Support
of
the Government of this Province, the other Half to the Informer, or him
or
them that shall sue for the same; to be recovered in any Court of Record
within this Province, by Bill, Plaint or Information, wherein no Essoin,
Protection
or Wager of Law to be allowed.
X. And
for the Discouragement of litigious
Suits that frequently arise in
the Provincial and County Courts within this Province; Be
it Enacted, by the Authority,
Advice and Consent aforesaid,
That
all Persons whatsoever, except
Executors and Administrators, that are cast in any Cause, be they Plaintiff
or Defendant, shall be amerced, besides the Damages and Costs, in the Provincial
Court, Fifty pounds of Tobacco, to be employed as the Governor and
Council shall think fit; and in the County Court, Thirty Pounds of Tobacco,
to be employed and disposed of towards defraying the County Charge of each
respective County.
XI. And
for the due Collection thereof,
Be it further Enacted, by
the Authority
aforesaid, That the Clerk
of the Provincial Court, and the Clerks of the several
County Courts, keep an exact account
of the Amercements, and deliver
or send the same to the several Sheriffs of the particular Counties, who
are
hereby required to collect the same, with the Levy, and are accordingly
impowered,
for Default of Payment, to make Distress; and commanded not to
return any in Arrears, except in case of the Debtor's Insufficiency.
XII. And
be it further Enacted, That the
Clerks of the several County
Courts give unto the Chief Justice of such County Court, a List of the
Amercements,
every November Court, that shall have arisen each preceding
Year; and that the Clerk of the Provincial Court lay a List of the Provincial
Amercements, as they shall Yearly arise, before the Governor and Council
of
this Province, for the Time being.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
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