" to the Truth, the Nature of the Thing, and the Duty of his Office,
and
" all other the Duties of his said Office legally, duly, and faithfully
shall Discharge,
" according to Law, and the true Intent and Meaning of the Acts of ASsembly
" such cases made and provided, that then the above Obligation to be Void
" and of none Effect, or else to be and remain in full Force and
Virtue in Law.
III. And
be it further Enacted,
by the Authority aforesaid, That
the said
Bonds shall be passed, Proved, Recorded and Sued in the same Manner and
Form., as directed by the aforementioned recited Act for Repairing the
Damages
already sustained in the Records of the Land, Secretary's. Commissary's
and County
Court, Offices, and for Security of the same Records for the future; and
likewise
that Copies of such Bonds, attested under the Hand and Seal of the
Office of
either the Clerk of the Provincial or County Courts, shall be good Evidence
in Law, to maintain any Action of Debt to be brought for any Breach or
Breaches of the Condition aforesaid, according to the Direction of the
said
Act, and that likewise the Sureties be subject to the Proviso in the
said Act.
IV. Be it further
Enacted,
by the Authority aforesaid, That as often
as
the several and respective Justices of the several and respective County
Courts
within this Province shall see Cause, they shall oblige the several and
respective
Clerks of the Counties aforesaid, to renew such Bonds with other Sureties,
where they Disapprove the Ability or Sufficiency of such Sureties, from
Time to Time, as the nature of the case may require, and the said Clerks
respectively are hereby obliged in such case to renew such Security,
to the Approbation
of the respective Justices aforesaid.
V. Provided also,
That
where the Public or County shall sue the aforesaid
Bond, that neither shall be burthened with Costs.
VI. And be it
further Enacted,
by the Authority, Advice and Consent aforesaid,
That as often as the Provincial Justices, for the Time being, shall
see
Cause, they shall and may oblige the Secretary, Commissary-General, Register
in Chancery, Register in the Land-Office, or whoever shall receive the
Fees and Perquisites of the said Offices respectively, to renew such Bond
or
Bonds with other Surety or Sureties, where they Disapprove the Ability
or
Sufficiency of such Securities, from Time to Time, as the Nature of the
case shall require, and the said Secretary, Commissary-General, Register
in
Chancery, Register in the Land-Office, or whosoever shall have and receive
the Fees and Perquisites of the same Offices, are and shall be hereby obliged
to renew such Security when required as aforesaid.
VII. Provided
always, and be it likewise Enacted and Declared, by and
with the Authority, Advice and Consent aforesaid, That when or as often
as any
of the Bond or Bonds to be given by virtue of this Act, shall be sued,
and
Judgment on them or any of them rendered, that the Penalties in such Bond
or Bonds, or any Part thereof, shall not be applied to any other use than
the
making good the Damage which may be suffered by the Public, Counties, or
private Person or Persons, according to the true Intent and Meaning of
this
and the former Act in that case made and provided.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
CHAP.
X.
Such Bonds
to be passed,
proved, &c.
according to
1716, ch. 1.
Attested Copies,
to be
good Evidence.
County
Courts, if
they see
Cause, may
oblige their
Clerks to
give fresh
Security.
But the Public,
&c. not
to pay Costs.
The Provincial
Court,
on apparent
Cause, may
oblige the Secretary,
Commissary,
&c.
to give fresh
Security.
The Penalty
of such Bonds
(on Recovery)
shall only be
applied to
make good
Damages sustained. |
