III. And
to the End no honest Debtor that hath not fled from the place or
Country where he contracted his Debt, nor wilfully absconded himself,
or
fled from justice, shall be surprized by unnecessary and vexatious
Suits at law,
Be it Enacted, by the Authority,
Advice and Consent aforesaid, That no Person
whatsoever, residing or trading in or to this Province, their Executors,
Administrators, Agents, Factors, or Assigns, shall, for any Sum or
Sums of
Tobacco or Money, due and owing to him by Account upon Book, or otherwise,
(and for which the Debtor hath not passed his Hand and Seal to such
his
Creditor) sue and implead such Debtor, his Executors, or Administrators,
in
any Court of Record within this Province, unless he shall first demand
and
require the same of such Debtors proper Person, or otherwise, at the
Habitation
or Place of Residence of the said Debtor, ion the County where he
shall dwell: To prove which Demand, the Creditor's or Demandant's
own
Oath shall be sufficient; and if the Debtor be not at home of be spoke
with,
then such Demandant shall leave a Note under the Hand of such Creditor
or
Demandant, or those he shall impower to receive the same, with the
Time, and
to whom the same shall be paid, and if thereupon, the same be not paid
accordingly,
then it shall and may be lawful for such Creditor to sue and implead
such
his Debtor, and recover against him all such Costs and Damages, as
upon
legal Trial in any Court of this province, having Cognizance of the
Cause,
shall be adjudged as before the making this Act.
IV. But
in case any Person or Persons shall sue and implead such his Debtor
as aforesaid, without making Demand as aforesaid, and the Debtor plead
that the Debt was never demanded, by such Plea the Debtor shall be
taken
to admit the Plaintiff's Declaration to be good, and shall only put
the Demand
in Issue; which Issue, if the Plaintiff do not join, then the Plaintiff
shall be taken to have made no Demand, and shall only have Judgment
for his
Damages, and shall lose all his on Costs: And if the Plaintiff
join in Issue
upon the Demand, and it be found against him, that the Plaintiff shall
lose
his own Costs, and pay Costs of such Trial to the Defendant; yet the
said
Plaintiff shall have Judgment to recover his Debt or Damages for which
he
sues, or for so much thereof appears due upon Balance.
V. And be it
further Enacted, That if any Debtor or Debtors, be sued by
any Creditor or Creditors, for any Sum or Sums of Money, or Tobacco,
due
upon the Debtor's Assumption, or due by Bill or Bond, under the Hand
and
Seal of the said Debtor, and the Debtor confess the Assumption, or
such Part
thereof as he shall think fit to plead Discount to, and acknowledge
his Act
or Deed, but that saith further, that he hath an Account of his own
against the
Creditor, that hath arisen due to the Debtor since the passing such
Bill or
Bond, or after such Assumption as aforesaid, which he desires may be
discounted;
or shall give any Account proved according to the Directions of
this Act, and lodged or filed in Court, in Evidence upon the General
Issue;
it shall and may be lawful for the Justices before whom such Matter
shall be
depending, upon good Proof made of such Account, to cause the same
(although
of a less or inferior Nature) to be discounted in Court, and give Judgment
thereupon against the Defendant, for so much only as shall be remaining
to the Plaintiff, with Cost of Suit: Provided the Balance exceed
Four
Hundred Pounds of Tobacco, or Three and Thirty Shillings and Four-pence
in the County Court; and Fifteen Hundred Pounds of Tobacco, or Six
Pounds Five Shillings Sterling in the Provincial Court; otherwise the
Plaintiff
shall be Non-suited, as by any other Laws are provided.
VI. Provided
nevertheless, That nothing in this Act contained, shall be
construed to give the said Provincial Court any other Jurisdiction,
than what
is agreeable to the Act of Assembly for relieving the Inhabitants of
this
Province from some Aggrievances in the Prosecution of Suits at Law;
any
thing herein contained to the contrary notwithstanding.
|
CHAP.
XX.
No Book
Debt, &c.
shall be sued,
unless first
demanded of
the Debtor at
his Habitation,
&c.
or by a Note
left for him.
Creditor suing
without
such Demand,
shall
lose his Costs.
Account
pleaded in
Bar, and proved,
shall be
discounted.
In what Case
such Plaintiff
shall be Non-suited.
But the Provincial
Court
to have no other
Jurisdiction
than is
agreeable to
1714, ch. 4. |
