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CHARLES CALVERT, Esq; Governor.
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1722. |
by his express Directions, in the Presence of Three or more credible
Witnesses,
and duly Proved.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
CHAP.
IV. |
|
CHAP. V.
|
|
An ACT to regulate Prosecutions in Criminal Cases. Lib.
LL.
Nº 4. fol. 557.
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Passed 3d
Nov. 1722. |
Be it Enacted, by the Right
Honourable the Lord Proprietor, by and with
the Advice and Consent of his Lordship's Governor, and the Upper
and
Lower Houses of Assembly of this Province, and the Authority of the same,
That from and after the Publication hereof, no Attorney-General, or
Clerk
of the Peace, or of Indictments, shall exhibit any Bills or Bill of Indictments
to any Grand Jury against any Person whatsoever, without an express Order
from the Governor and Council, or from the Court where the Prosecution
is
to be, or some one of the Justices of such Court, or unless the Offender
be
bound over to such Court, or that the Grand Jury find or make a Presentment
of the Offence of their own Knowledge, upon Penalty of paying the
Party grieved, all the Damages and Charges that shall be occasioned by
such
Prosecution; any Law, Statute, Usage or Custom to the contrary notwithstanding.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
No Bill of
Indictment to
be exhibited
to any Grand
Jury, without
express Order,
&c.
Penalty. |
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CHAP. VI.
|
|
An ACT for the Amendment of the Law, and the speedier Advancement
of Justice in relation to the Assessing of Damages.
Lib. LL. Nº 4. fol. 558.
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Passed 3d
Nov. 1722. |
FOR the Amendment of the law, and for the easier and speedier Advancement
of Justice; Be it Enacted, by the
Right Honourable the
Lord Proprietor, by and with the Advice and Consent of his Lordship's
Governor, and the Upper and Lower Houses of Assembly of this Province,
and the
Authority of the same, That from and after the End of this present
Session of
Assembly, the Justices of every Court of Record in this Province, may assess
Damages, and give final Judgment in all Actions of the Case, upon Assumpsit,
whether the same shall be entered upon Default, Demurrer, Nihil
dicit,
non sum informatus, or upon Confession; and no such Judgment shall
be
staid or reversed for or by Reason of not speeding or executing a Writ
of Enquiry
of Damages; any Law, Usage, or other Thing heretofore had, made,
or used to the contrary notwithstanding.
II. Provided
always, and be it Enacted, by the Authority aforesaid, That
if either Party, Plaintiff or Defendant, shall, the same Court that Judgment
shall be rendered, pray or insist on a Writ of Enquiry of Damages, the
same
shall issue in such Manner as if this Act had not been made; and if
any Plaintiff
shall insist on a Writ of Enquiry of Damages and refuse to take Judgment
for what the Defendant shall confess, the Plaintiff shall be at the Charge
of such Writ of Enquiry, if the Jury assess no more Damages than the Defendant
so confess'd.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
Any Court of
Record may
assess Damages,
&c. on
Assumpsit.
But Writ of
Inquiry may
issue at the
Prayer of either
Party. |
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CHAP. VII.
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|
An Act for continuing all Causes in the High Court of Appeals from
the Court
that was appointed to be held in July 1722, for
the Time therein mentioned.
Lib. LL. Nº 4. fol. 559. |
Passed 3d
Nov. 1722. |
|
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