one Justice of the Peace, by the Law heretofore made, is not sufficiently
extended
to suit their Conveniency and Benefit: It is therefore humbly prayed
that it may be Enacted;
II. And 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 in all
Cases where the
real Debt, or Damage, doth not exceed Six Hundred Pounds of Tobacco,
or Fifty Shillings Current Money, it shall and may be lawful for any one
Justice of the Peace, of each respective County wherein the Debtor doth
reside,
to try, hear, and determine the Matter of Controversy, between the
Creditor and Debtor, and upon full Hearing of the Allegations and Evidences
of both Parties, shall give judgment according to the Equity and Right
of the Matter, and if Need be, charge the Constable with the Body of the
Debtor in Execution, who is hereby obliged and impowered to carry the Person
so committed, to the Sheriff of the County, together with a Certificate
or Mittimus from such Justice, wherein shall be certified the Debt and
Cost
whereof such Person shall be convict, by him to be safely kept, until Satisfaction,
or other End thereof; or otherwise, that such Justice, or any other
Justice of the Peace for the same County, shall, within Twelve Months from
the Time of the Rendition of said Judgment, award Execution thereon (directed
to the Sheriff of the County) by Warrant or Mittimus, in the Nature
of a Capias ad satisfaciendum, Fieri facias, or otherwise, and that
in Case upon
the Return of any Warrant, or any Complaint issued by any such Justice,
it shall appear that the Person against whom the same shall issue, is not
to be
found, it shall and may be lawful for the Creditor to proceed, in the several
and respective County Courts, for obtaining an Attachment, according to
the
Directions of the Act for issuing out Attachments in this province, and
limiting
the Extent of them, against the Goods, Chattels, and Credits of such
Persons, for any Sum exceeding One Hundred Pounds of Tobacco, or Ten
Shillings in Current Money; any Act, or Acts, to the contrary notwithstanding.
III. And whereas
many Times Witnesses may be wanting, or the Parties
not prepared, to make good their Allegations immediately on the Appearance
of a Defendant, so that a further Time may be necessary to examine into
the
Matter of Controversy: Be it therefore
Enacted, That when any Defendant
shall be brought on a Warrant, before any Justice of the Peace, such Justice
may, if he in his Discretion shall think fit, give and allow to such Defendant
a future certain Day, not exceeding Ten Days, to appear before such Justice,
or any other Justice of the same County, at a certain Place to be appointed,
to answer unto such Warrant, such Defendant giving good and sufficient
Security,
if such Justice shall award it necessary, by Way of Recognizance, in
the Nature of Bail, for the Defendant's Appearance at the Time and Place
appointed, and paying what he shall be condemned in on the said Warrant,
or surrendering his Person to Prison in Satisfaction thereof, or in Default
of
the Defendant's giving such Security, to commit such Defendant to the Sheriff's
Custody, till he gives such Bail; and if the Defendant shall not appear,
at the Time and Place appointed, Judgment may be rendered against him on
such Default or on an ex Parte Hearing, if the Justice does not
see Cause to
the contrary, and if Judgment shall be in any Manner rendered against the
principal Debtor, and he does not pay such Condemnation, or render himself
on Execution, to be issued returnable at the End of Thirty Days from the
issuing
thereof, a Warrant shall and may be issued, and Recovery and Execution
against such Bail in the same Manner as against principal Debtors:
Saving to such Bail all Manner of Defence, that Special Bail in Courts
of
Law are entitled to, on the Return of the First or Second Scire
facias, and the
Liberty of delivering up the principal Debtor, on the Return of such Warrant,
on Payment of Costs on the same Warrant: |
CHAP.
XXI.
Debts not above
600 lb
of Tobacco,
of 50 s. to be
recovered before
a Single
Justice.
On Return of
Non est, the
Creditor may
sue out Attachment.
Time allowed
to procure Evidences,
&c.
not exceeding
10 Days, the
Defendant
giving Bail.
In default of
Appearance,
Judgment
may be given
ex Parte.
Recovery,
how to be
had against
the Bail. |