for any Person or Persons, causing such Bonds to be sued, to proceed
to
Judgment, until the Creditor or Creditors, clearly make appear to the
Court,
what his, her, or their Demand is or are, which Court may, and they
are
hereby impowered, upon the Defendant's having Notice given him, her,
or
them, or Notice left at the Place of his, her, or their last
Place of Abode,
Twenty Days before the Court in which the Plaintiffs apply, for such
Debt
or Demand to be assessed, as also a Copy of the Nature of his, her,
or their
Demand, attested by the Clerk, to assess such Damages, or appoint Auditors
to adjust such Demands; whereupon it shall be lawful for such Court
to give
Judgment to such Creditor or Creditors, on such Bond in usual Manner:
But
that Execution only issue for such Sum as shall be made appear to be
due,
unless the Party at whose Request such Bond be sued, or the Defendant
or
Defendants applies to the Court, praying a Writ of Enquiry; which,
if either
Party prays, shall be issued by the Court, to be proceeded in according
to the Directions of the aforesaid Act of Parliament; and that Execution
issue
for no more than found by the Jury, with Costs and Interest, till Payment
made or tendered. And that where any such Bond is proceeded on
to
Judgment, no other Creditor shall come in for any Part of the Penalty,
under
Pretence of any Thing being due to such Creditor, without sending a
Scire facias to be served, which Scire facias shall be
sued within Eighteen
Months after such Recovery, and not after, on the Defendant or Defendants.
In which Scire facias shall be contained the Nature of such
Creditor of Creditor's
Demand, and the Sum due.
IV. And be it
further Enacted,
by the Authority aforesaid, by and with
the
Advice and Consent aforesaid, That all Actions hereafter to
be brought on Sheriffs
Bonds hereafter to be passed, shall be sued or brought within the Space
of Five Years after the passing such Bond, and not afterwards:
And all Actions
hereafter to be brought on Sheriffs Bonds, heretofore entered into,
shall be
brought and commenced within Three Years after the End of this present
Session of Assembly, and not afterwards.
V. Provided,
That
this Act, nor any Thing herein contained, shall bar
his Sacred Majesty, his Heirs and Successors, nor the Right Honourable
the
Lord Proprietary, his Heirs and Successors, from suing in their own Right,
at any Time: And, if any Person entitled to sue such Bond, shall
be at the
Time of any Cause of Action on such Bond, under the Age of One and
Twenty Years, Femme Covert, Non Compos Mentis, Imprisoned,
or beyond
the Sea, that then such Person or Persons shall be at Liberty to bring
his, her
or their Action within the Space of Five Years after such Impediment removed,
as other Person having no such Impediment might, or should have done.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
CHAP.
XXV.
till the Creditor
make
appear to the
Court what
the Demand
is.
The Defendant
to have
20 Days Notice,
and Execution
issue for no
more than the
Sum due, unless
a Writ of
Enquiry be
prayed.
No other
Creditor shall
come in for
any part of
the Penalty,
without a
Scire facias,
&c.
Actions on
Sheriffs
Bonds, shall
be brought
within Five
Years.
A Saving to
the Crown,
and the Lord
Proprietary,
and to Infants,
&c. |
