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BENEDICT LEONARD CALVERT, Esq; Governor.
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1728. |
X. And be it
further Enacted, That a Copy of the oath, or Affirmation,
of such Importer, certified by the Naval Officer, shall be deemed and taken
to be good and effectual in law, in any Dispute or Controversy concerning
such Felons or Offenders, as if give Vivâ Voce, at the Time
of such Dispute
or Controversy; any Law, Usage or Custom to the contrary notwithstanding,
XI. And
be it likewise Enacted, That any Provincial Justice
or Justices
of the Peace within this Province, upon the Application of any Person or
Persons to them, or upon any Suspicion of any Felon, or other Offender,
being imported or brought into this Province, shall and may examine
upon
Oath (or Affirmation if a Quaker) any of the Crew of any Ship or Vessel,
or any other Person, touching their Knowledge of any such Felon, or other
Offender: And that such Examination or Examinations, Deposition ot
Depositions,
shall be as good and effectual in Law, as if the Examinants or Deponents
were present, and delivered their Testimony Vivâ Voce; any
Law,
Statute or Usage to the contrary notwithstanding.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
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CHAP.
XXIII.
A Copy of
such Oath,
&c. shall be
good Evidence.
Any Magistrate,
may
examine Sailors
on Oath
concerning
Felons. |
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CHAP. XXIV.
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A Supplementary ACT to the * Act for relieving the Inhabitants
of this Province from some Aggrievances in the Prosecution
of
Suits at Law. Lib. L. Nº 5. fol.
249.
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Passed 2d
Nov. 1728.
* 1714, ch. 4. |
FORASMUCH as it is represented to this General Assembly, as a very
great Aggrievance to the good People of this Province, that there is
no a sufficient Provision made against the Arresting the Inhabitants
thereof, when they shall happen to be found about their necessary Affairs,
out
of the County where they reside;
II. Be it therefore
Enacted, by the Right Honourable the Lord Proprietary,
by and with the Advice and Consent of his Lordship's Governor, and the
Upper and
Lower Houses of Assembly, and the Authority of the same, That it shall
not be
lawful for any person whatsover, to cause any Inhabitant of this Province,
to be Arrested out of the County where he or she doth reside, by virtue
of
any Capias ad Respondendum, or Capias ad Satisfaciendum,
for any Debt, Damage
or Costs, until the Sheriff, or Coroner of the County where such Defendant
shall reside, shall have returned a Non est Inventus, on a Capias
ad
Respondendum, or Capias ad Satisfaciendum, issued at the Request
of the said
Person against the said Defendant.
III. And be it
further Enacted, by the Authority aforesaid, That if
any Person
be Arrested upon a Capias ad Respondendum, contrary to the Intent
of this
Act, the Plaintiff in the said Action shall suffer a Non-suit, and pay
the Defendant
his or her reasonable Costs, Charges, and Damages, to be adjudged
him or her, by the Court from whence such Process issued: And if
any person
be taken in Execution, contrary to the Directions hereof, the Justices
of the
Court from whence such Execution issued, shall discharge him ore her, his
or her reasonable Damages, Costs and Charges; and cause the same to be
discounted
by the Plaintiff, out of his or her Judgment obtained against the said
Defendant; any Law, Statute, Usage or Custom to the contrary thereof in
any wise notwithstanding.
IV. And whereas
it appears that small Benefit is reaped by the i
Act for
Stay of Execution after the Tenth of May yearly, and the k
Supplementary Act
thereto; for that it is hardly possible to get any Quantity of Tobacco
ready
by the Tenth Day of November: |
Preamble.
No Inhabitant
shall be
arrested for
Debt, &c.
out of the
County
wherein he
resides, before
a Non e
be returned.
In case of
such Arrest
the Plaintiff
shall be Non-suit,
&c.
and the Defendant,
if
taken in Execution,
shall
be discharged,
&c.
i 1715, ch. 33.
k 1721, ch. 4.
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