The exemplification
of
Debts of Record,
under
Seal of the
Court, shall
be sufficient
Proof thereof.
All other foreign
Debts
shall be proved
by oath
of the Witnesses
before
some Magistrate,
in presence
of a
Notary Public,
at which
Time the
Creditor shall
also make
Oath,
to be sent, together
with
the proofs,
under Hands
and Seals of
the Magistrate
and Notary.
The Executor
of such Creditor
Suing,
shall, in like
manner,
make Oath.
which shall
also be certified,
&c.
or shall not
be admitted
in Evidence.
The plaintiff's
Attorney
shall give
Security for
Costs. |
BE it 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
all
Debts of Record, whether by Judgment, Recognizance, Deed Enrolled,
and
upon Record, the Exemplification thereof under the Seals of the Courts
where the said Judgment was given, or was Recorded, shall be a sufficient
Evidence to prove the same. And that all other Debts, by Bonds,
Bills, Accounts,
or otherwise, that shall, from and after the Publication hereof, be
sent hither to be out in Suit against any Person whatsoever, living
or residing
within this Province, shall be proved by the Oaths of the Witnesses
thereto,
or any of them, before some Magistrate, in the Presence of a Notary
Public,
who shall attest that the Oath or Oaths, was, or were, so taken; and
that
the Person before whom it, or they, shall be taken, shall then be a
Magistrate,
or other Officer lawfully authorized thereto, of the County or Place
wheresoever
it shall happen the said Bonds or Bills shall be sent from; at which
Time, and before which Public Notary, or other public Officer, shall
be
present the Creditors, who shall then likewise, before such Magistrate,
or
other public Officer of the Place, so authorized, upon his Corporal
Oath,
declare, " That the said Debt, or any Part thereof (saving what
the said Creditor
" gives Credit for) is not satisfied, or that there are not any
other Accounts
" between the said Creditor and Debtor, for which the said Creditor
may be likewise
" indebted to the said Debtor, to the Value of the said Debt, or
any part
" thereof, for any Matter or Thing accrued since the Date of the
said Bond, Bill,
" or Instrument; or whether the said Creditor hath not given the
said Debtor any
" Release for the same;" to be sent, together with the
Proofs, from under the
Hands and Seals of the said Magistrate, and Public Notary, or other
Public
Officer thereunto appointed; which, if the Creditor shall refuse or
neglect to
perform or do, then the said Matter or thing, by the said Public Notary,
or
other Officer, so by them certified as aforesaid, shall, not be received
as Evidence
to prove the said Debt. And if the said Creditor be dead, and
his Executor,
or Administrator, shall sue any Debtor upon any such Bond, Bill, or
Account, the Executor or Administrator, in like Manner, before such
Magistrate,
to be attested as aforesaid, or other Officer doer that Purpose appointed,
shall set forth and declare, upon their Oath, " Whether or no they
have
" not heard the Creditor in this Life Time, acknowledge that Debt,
or any, and
" what Part thereof, to be satisfied; or whether or not (upon Sight
of the Creditor's
" Books, Writing, or Accounts) they have not seen Credit given to
the
" Debtor since the Day of the making the said Bills, Bonds, or beginnings
of
" the Accounts so sued for:" All which, in like Manner,
is to be certified by
the Public Notary, or other Officer thereunto appointed, under his
Hand and
Seal, to be sent to this Country, together with the Testimony of the
Witnesses,
or any of them,, that have testified to the said Bonds, Bills, Accounts,
or otherwise; all which, if the said Executor or Administrator, refuse
or
neglect to do, then the said Matter and Thing, by the Public Notary,
or other
Officer appointed, as aforesaid certified, shall not be received in
evidence for
valid against the Debtor.
II. And be it
Enacted, by the Authority aforesaid, That all and every the
Attorney and Attorneys, who shall be employed in the prosecution of
such
Suit, shall put in Security to pay the Defendant all such Costs and
Charges
as shall be by the Defendant in that Case expended, in case the Plaintiff
be
cast in the Suit. |
