CHAP.
XXIII.
Plaintiffs requiring
speedy
Trial, to
send Copy of
Declaration,
&c. 20 Days
before the
Appearance
Court.
Power of
County
Courts to
determine
according to
Equity in
Actions not
exceeding
20 l. Sterling,
or 5000 lb of
Tobacco.
Exception as
tot he Jurisdiction
of the
Court of
Chancery.
Where any
Surety, &c.
discharges a
Bond or Protested
Bill, it
shall be assigned
to him by
the Obligee,
&c. and he
shall have
Action in his
own Name against
the
principal
Debtor.
Where the
Surety satisfies
Judgment
it shall be assigned
to him
by the Creditor,
and he
shall have
Execution against
the Principal.
Where one
Surety satisfieth
the
whole, he
may have
Execution against
the other, &c. |
IV. And be it
further Enacted, by the Authority aforesaid, That in all
Actions
hereafter to be commenced in the Provincial Court, for the Recovery of
any certain Sum of Money, or Quantity of Tobacco, within the Jurisdiction
of that Court, where the Plaintiff is desirous of a speedy Trial, that
if the
Plaintiff shall send a Copy of the Declaration in the Case, with the Writ,
and
cause the same to be served on, or delivered to the Defendant, or left
at his,
or her Place of Abode, Twenty Days at the least, before the Appearance-Court,
it shall and may be Lawful for the Justices of the said Court, and they
are by this Act required to oblige the Defendant, by Rule of Court,
to proceed
to the Trial the same Court, and if the Defendant shall neglect, or
refuse to
answer or plead, to render Judgment for the Plaintiff with Costs of Suit,
unless
sufficient Cause be shewn by the Defendant, why there should be an Imparlance.
V. And be it
further Enacted, That in all Actions in the County Courts,
where the Matter or Thing in Dispute, shall not exceed the Sum of Twenty
Pounds Sterling Money, or Five Thousand Pounds of Tobacco, the Justices
of the County Court, where such Action shall be brought, may and shall
(at
the Prayer of either Plaintiff or Defendant, wither before or after Judgment,
or Verdict of a Jury, at Common Law) hear and determine the same, according
to the Rules of Equity and Good Conscience, as fully and amply as
the Chancellor, or Keeper of the Great Seal, might do, in any Case within
the Jurisdiction of the Chancery Court; any Law, Usage, Verdict of a Jury,
or Custom, to the contrary notwithstanding.
VI. Provided
always, That nothing in this Act contained, shall extend,
or be construed to extend, so as to limit, abridge or restrain the Jurisdiction
of the High Court of Chancery of this Province, in any Manner or Respect
whatsoever, but that the said Court shall have the same Power, Authority,
and Jurisdiction, in all and every Case, as belonged to, and was exercised
by
the said Court, before the making this Act; any thing herein contained
notwithstanding.
VII. And be it
Enacted, That where any Person or Persons is, or are
Bound in any Bond, or other Obligation, for the Payment of Money, Tobacco,
or other Goods, or Indorse any Bill of Exchange that shall be Protested,
and
the Money, Tobacco, or other Goods, or such Part thereof as shall be unpaid
by the principal Debtor, shall be paid or tendered by the Surety or Indorser,
that the Obligee or Indorsee shall be obliged to assign such Bond, Obligation,
or Protested Bill, to the Surety paying or tendering the Money, Tobacco,
or other Goods, due as aforesaid, and that the Assignees shall and may
by virtue of such Assignment and this Act, have an Action, in his, or her
own Name, against the principal Debtor, any Law, Usage, or Custom, to
the contrary notwithstanding.
VIII. And be
it Enacted, That where any Person or Persons hath recovered,
or shall recover, any Judgment against the principal Debtor and Surety,
and such Judgment hath been, or shall be satisfied by Sureties, that the
Creditor
shall be obliged to assign such Judgment to the Surety satisfying the
same, and that the Assignee shall be entitled unto, and have, in his own
Name,
as Assignee, the same Execution against the principal Debtor, by virtue
of
such Assignment and this Act, as the Creditor might or ought to have had;
the said Assignment being first Recorded in the same Court wherein the
Judgment
shall have been rendered or obtained, and that where any Judgment
hath been, or shall be rendered against several Sureties, and one of them
hath
satisfied, or shall satisfy the whole, the Plaintiff, or Creditors, shall
be obliged
to assign such Judgment to the Surety satisfying the same, and that
the Assignee
shall have, and be entitled to, an Execution against the other Sureties
against whom Judgment hath been, or shall be obtained, by the principal |
