CHAP.
XXI.
Constable to
give Notice
to the Plaintiff
of the
Time, &c.
Judgment ex
Parte, on Default
of Appearance.
Supersedeas
may be taken.
Such small
Debts not to
be sued in
the County
Court.
The Act of
1715, ch. 12,
repealed.
Parties aggrieved
may
Appeal to the
next County
Court.
In case of
Supersedeas,
Bonds to be
taken.
Condition. |
IV. Provided
always, and it is hereby Enacted, That the Constable shall
give Notice to the Plaintiff, or his Agent, where either of them lives
in the
same Hundred, of the Time and Place he intends to carry the Defendant before
a Justice; and in case neither the Plaintiff, having Notice as aforesaid,
nor any Person for him, nor the Plaintiff, nor any Person for him when
such
Plaintiff lives out of the same Hundred, and hath not appointed any Agent
in that Business, with or without Notice, shall appear on the Return of
the
warrant, or shall make Default in not appearing at the Time and Place appointed,
when there shall be an Appointment by the Justice of a future Day
for an Hearing, the Justice before who any Defendant shall be brought on
a Warrant as aforesaid, or before whom he shall appear on an Appointment
as aforesaid, shall and may hear and determine the Matter of Controversy
ex
Parte.
V. And be it
further Enacted, That from and after the End of this present
Session of Assembly, it shall and may be lawful for the Justice before
whom any such Judgment is had, or any other Justice of the Peace of that
County, to take a Supersedeas of such Judgment, in the same
Manner, and
for the same Time, as is by Law directed for any Two Justices to take
of any
Judgments, or Executions on Judgments, rendered in the several County
Courts of Law of this Province.
VI. And be it
likewise Enacted, That the Justices of the several County
Courts within this Province, shall not hold Plea in the said Courts, of
any
Debt or Damage which shall not exceed Six Hundred Pounds of Tobacco,
or Fifty Shillings in Current Money; and Law, Usage, or Custom, to the
contrary notwithstanding.
VII. And be it
likewise Enacted, That an Act of Assembly, made at a
Session of Assembly, held at the City of Annapolis, on the Twenty-sixth
Day of April, Anno Domini Seventeen Hundred and Fifteen, entitled,
An Act
for the speedy Recovery of small Debts out of Court, before a single Justice
of the
Peace, be, and is hereby abrogated, repealed, and made void.
VIII. Provided
always, That in Case either Plaintiff or Defendant shall
think him or herself aggrieved, by the Determination of any Magistrate,
where the Sum shall exceed Thirty-three Shillings and Four-pence, or Four
Hundred Pounds of Tobacco, he or she shall be at Liberty to appeal to the
next County Court, before the Justices thereof, who are hereby, upon the
Petition of the Appellant, in a summary Way, to hear the Allegations and
Proofs of both Parties, and determine upon the same, according to the Equity
and Right of the Matter, the same Court in which the said Petition
shall be exhibited, without any further Continuance or Delay, unless it
shall
appear to the Satisfaction of the said Court, that further Time ought to
be
given to the Party applying for the same, to enable the said Court to determine
the Cause, according to the Equity and Right of the Matter.
IX. Provided
also, and be it further Enacted, That no Execution upon
any Judgment, to be rendered by any Justice, shall be stayed, or delayed,
or
any Supersedeas upon such Judgment granted, upon any Appeal, unless
the Person
appealing, or some other on his or her Behalf, shall immediately upon
making such Appeal, enter into Bond with sufficient Sureties, such as the
Justice by whom Judgment shall be given, shall approve of, in double the
Sum recovered, with Condition, " That if the Party appealing shall not
" Prosecute his Appeal at the next County Court, with Effect, according
to
" the Directions of the Act, entitled, An Act for the speedy Recovery
of small
" Debts out of Court, before one Justice of the Peace, and also
pay and satisfy
" the Party in whose Behalf the Judgment of the Justice shall be given,
his
" Executors, Administrators, or Assigns, in case the said Judgment shall
be |
