CHAP.
I.
If the Provincial
Court
disapprove of
the Sureties,
new Bonds
shall be
given.
Any Person
may sue such
Bonds without
formal
Assignment.
But on Non-suit
shall pay
Costs.
An Order of
the Lower
House, or
Provincial
Court, shall
oblige the
Attorney-General
to
sue such
Bonds for the
Security of
the Public.
The several
County
Courts impowered
to
inspect and
repair their
County Records
at the
County
Charge.
After which
no COunty
Clerk shall
receive any
Fees of Officers,
&c. till
he enter into
the like
Bond,
which shall
be proved,
recorded, &c.
and an attended
Copy to
be good Evidence.
Such Bonds
,ay be sued
as abovesaid,
&c. |
brought for the Breach of the Condition thereof, to all Intents and
Purposes,
as if the original Bond were actually produced in such Case.
For the Condition
of the Bond; as now required, see 1742, ch. 10, §. 2.
IV. Provided,
That although such Officers have entered into Bonds, with
Sureties as aforesaid, the entering into such Bonds shall not be deemed
a Compliance
with the Directions of this Act, at any Time after the Sufficiency of/
such Sureties shall be disapproved o by the Justices of the Provincial
Court,
in Court sitting; but that in case of such Disapprobation, the Officer
or Officers
aforesaid, shall be obliged to enter into a new Bond, in Form aforesaid,
with such Sureties as the said Provincial Court shall approve of.
V. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That it shall and may be lawful for any person whatsoever, to put such
Bond or Bonds in Suit, for any particular Breach thereof, to their respective
Damage, without any formal Assignment of such Bond; and in case of Recovery,
shall have the Damages, to be assessed by a Jury awarded them, by
the Court before whom such Recovery shall be had, out of the Penalty of
such Bond: But in case of a Non-suit, shall satisfy the Defendant
his full
Cost of Suit, to be adjudged him against such Prosecutor, whose Name shall
be always endorsed in the Back of the first Process that shall be served
in
such Defendant, and be in such Endorsement termed the Prosecutor.
And in
case the Lower House of Assembly, or the Justices of the Provincial Court,
shall
at anyTime find Cause to put in Suit the Bond or Bonds taken for Security
f the Records aforesaid, the Order or Direction of the said Lower House
of
ASsembly, or of the Justices of the Provincial Court aforesaid, shall be
sufficient
to oblige the Attorney-General, for the Time being, to sue such Bond,
in his Lordship's Name, for the securing the Public from all Charges and
Expences
that shall be necessary for the putting or preserving the aforementioned
Records in Repair, according to the true Intent and Meaning of this Act.
VI. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That the Commissioners for the Time being, of the several COunty
Courts within this Province, are hereby authorized and impowered to inspect
their respective Record-Books, and to judge what Reparations they shall
think needful; which Reparations and Amendments, if any they shall adjudge
necessary, they shall with all convenient Speed cause to be made; and
agree with such Person or Persons as they think most capable to perform
the
same, upon the best and easiest Terms the can (on Behalf of their respective
Counties) in Tobacco; which Tobacco the Persons employed, performing
and finishing the Reparations and Amendments aforesaid, shall be allowed
in their several and respective County Levies. And after such Reparations
made, where wanted, or after Inspection as aforesaid, where no Reparation
is thought necessary, it shall not hence forward be lawful for the Clerks
of
the several and respective County Courts to receive or apply to their Use
any
of the Fees and Profits arising from their Office, until they have entered
into
Bond before the County Court, with Two sufficient Sureties, to be taken
in
his Lordship's Name, in the b Sum of Two hundred Pounds
Current Money,
with Condition, as above in this Law is already expressed; which Bond
shall be immediately proved in such Manner as above expressed, before the
said Court, or any Two Justices thereof, who shall cause the same immediately
to be entered by the Clerk in the County Records for Conveyances of
Land, and the original Bond shall be lodged in the Council Office as aforesaid,
and that a true attested Copy of said Bond shall be good Evidence in
Law, all such Cases as in this law is already above expressed; the same
Bond to be put in Suit as above aforesaid, in case of Recovery; and in
case of Non-suit,
the Costs to be adjudged against the Prosecutor as aforesaid, and the
Prosecutor's Name to be endorsed on the Back of the first Process as aforesaid. |