And also such Bond to be put in Suit by the Order of such County Court,
as
often as it shall be found necessary for the indemnity of the County.
b By 1742, ch.
10, §. 2, the Security given by each County Clerk shall be for
the Sum of
1000 l. Current Money.
VII. Provided,
That neither the Public, nor any County, shall be burthened
with any Costs of Non-suit, where they shall happen to be Prosecutors.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
CHAP.
I.
But the Public,
&c. shall
not be liable
to Costs. |
WHEREAS his most gracious Majesty King GEORGE, has been
pleased to restore to the Right Honourable the Lord Proprietor of
this Province, the Government thereof, whereby all the Fines,
Penalties and Forfeitures that shall hereafter happen, and are by the several;
Acts of Assembly of this Province now in Force, made payable to
the Right Honourable King, his Heirs or Successors, ought to be made payable
to
the Right Honourable the Lord Proprietor of this Province, And whereas
the said laws have all lately been Re-enacted, and Revised with great Care,
and at the vast Expence of this Province, and are found to be beneficial,
and
much conducing to the Peace and Welfare thereto; to the End that all unnecessary
Charges may be avoided, it is humbly prayed that it may be Enacted,
II. And be it
Enacted, by his Lordship the Lord Proprietor, by and with the
Advice and Consent of his Lordship's Governor, and the Upper and Lower
Houses
of Assembly, and by the Authority of the same, That where by any the
Laws of
this Province, any Fines, Penalties or Forfeitures are made payable to,
or
recoverable by the King's Majesty, or in his Name, to any the Uses in the
same Laws expressed, all such Fines, Forfeitures, or Penalties, shall henceforward
be payable to the Right Honourable the Lord Proprietary of this
Province, his Heirs and Successors, and be recoverable by him or them,
or
in his or their Name, to the same uses as by those Laws are express'd;
any
Law, Statute, Usage or Custom to the contrary notwithstanding.
III. Provided
nevertheless, That it be always construed, understood and
adjudged, that where any of the said Fines are directed by those Laws to
be
appropriated or applied towards the Support of Government, his Lordship's
the Right Honourable the Lord Proprietary his Government of this Province,
be thereby understood and none other.
IV. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That all manner of Suits, Indictments, Informations, or other Prosecutions
that shall hereafter be made for any such Fines, Forfeitures or Penalties
as aforesaid, wherein his Majesty's Name or Title ought to have been used,
as a party in such Prosecution, it shall be lawful instead thereof, to
use the
Name or Title of the Right Honourable the Lord Proprietor of this Province,
or the Name or Title of his Lordship's Heirs or Successors, as fully
and amply to all Intents, Constructions and Purposes whatsoever, as if
such
Name or Title of his said Lordship, or of his Heirs and Successors had
been |
Preamble.
All Fines,
&c. made
payable to the
Crown shall
be henceforward
payable,
&c. to
the Lord Proprietary
to
the Uses
therein expressed.
Fines to the
Support of Government,
shall be understood
of
his Lordship's
Government.
In all Suits,
Indictments,
&c. on such
Laws, the
Name of his
Lordship,
&c. shall be
used. |
