CHAP.
XIV.
Proviso.
Depositions
of Seafaring
Men, how to
be taken and
admitted as
Evidence.
Appeals from
Chancery to
the Governor
and Council.
The Act of
1718, ch. 10,
and 1720, ch.
20,
repealed.
Some Proceedings
in
the Provincial
Court,
this Year,
aided.
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Time of Continuance of any such Suits in the Courts of Law, by Injunction
in Chancery, or by allowing Infants the Benefit of the Parole-Demurr, be
not accounted as Part of the Time of Limitations aforesaid.
II. And whereas
it often happens that Actions are delayed by Reason the
Evidences in such Suits are Seafaring Men, or others, whose Business and
Employments call them out of this Province when such Actions should regularly
come to Trial; Be it therefore further Enacted,
by the Authority, Advice
and Consent aforesaid, That the Depositions of any such Seafaring
Men,
or others, taken before Two Justices of any County Court of this Province,
or one of the Justices of the Provincial Court, in the Presence of the
adverse
Party to him that requires such Depositions to be taken, if upon due Notice
he thinks fit to be present, or upon Notice to refuse to be present, (the
Notice
being proved) shall be received as good Evidence in any of the Courts
within this Province, as if such Evidence were personally present upon
the
Trial, and should deliver the same Vivâ Voce.
III. And be it
further Enacted, by the Authority aforesaid, That from and
after the End of this present Session of Assembly, it shall and may
be lawful
for any person or Persons that shall conceive themselves aggrieved by any
Decree
of the Chancery Court, to have an Appeal to the Governor and Council
of this Province, for the Time being, wherein each Member shall have a
full
Voice.
IV. And be it further Enacted, by the Authority
aforesaid, by and with the
Advice and Consent aforesaid, That one Act of Assembly, made at a Session
of
Assembly begun and held at the City of Annapolis, the Twenty-Second
Day
of April, Anno Domini One Thousand Seven Hundred and Eighteen, entitled,
An Act to limit the Continuance of Actions in several Courts within
this Province,
and ascertaining the Manner of taking the Evidence of Seafaring Men, and
for
granting Appeals from the Chancery Court to the Governor and Council; and
one
other Act made at a Session of Assembly begun and held at the aforesaid
City
of Annapolis, the Eleventh Day of October, in the Year of
our Lord One
Thousand Seven Hundred and Twenty, entitled, A Supplementary Act to
the
Act to limit the Continuance of Actions in several Courts within this Province,
and ascertaining the manner of taking the Evidence of Seafaring Men, and
for
granting Appeals from the Chancery Court to the Governor and Council, be,
and
are hereby utterly repealed and made void.
V. And be it
also Enacted, That all Actions that were continued in the
Provincial Court from October to April Court last, and from
the said
April Court to August or October this present Year,
and all other Proceedings
in the said April Court that were postponed, continued or referred
to the Second
Tuesday of August this present year, be, and are hereby continued
to
the said Second Tuesday of October; any Thing in this, or any former
Act
for limiting the Continuance of Actions to the contrary notwithstanding.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON. |