XV. And be it
enacted, That if any person be arrested upon a capias ad
respondendum, contrary to the intent of this act, the plaintiff
in the said action
shall suffer a nonsuit, and pay the defendant his or her reasonable
costs and
charges, to be adjudged him or her by the court from whence such process
issued; and if any person be taken in execution contrary to the directions
hereof,
the court from whence such execution issued shall discharge him or
her from his
or her imprisonment; provided always, that nothing in this act contained
shall
extend to the benefit or advantage of any person who shall fly from
justice in the
county where they live, but that such persons may be arrested in any
county
wherever they may be found.
XVI. And be it
enacted, That after the commencement of this act no commission
shall issue to any person, except to the said several chief justices
and
associate justices, to be a justice of any county court, but only to
be a justice of
the peace of such county; and upon the issuing of any commission, the
justices
appointed therein shall assemble, as soon as convenient, at the court-house
of
their county, and qualify as heretofore, but if any of the persons
appointed are
absent at the time of meeting, they may qualify at any time before
any one of
them who have before qualified; and every person appointed a justice
of the
peace, as shall have the same power and jurisdiction as any justice
of any
county court now hath by law out of court; and the justices of the
peace appointed
for any country, or any five or more of them, shall meet at the court-house
of their county, at the time appointed by law for laying their county
assessment, and they are hereby required then and there to lay the
assessment of
their county as heretofore, and the clerk of their county shall attend
them for
that purpose; and the said justices of the peace shall and they are
hereby required
to perform and execute, in their respective counties, all the duties
and offices
committed to the county courts by the law for the inspection of tobacco;
and
each of the said justices of the peace shall have and receive at the
rate of two
dollars a day while attending on the public service aforesaid, to be
assessed in
their county assessment.
XVII. And be
it enacted, That every justice appointed and commissioned in
virtue of this act shall, before he acts as such, take the oaths of
fidelity and
support to this state, as required by the constitution and laws thereof,
provided
he hath not before taken the same, and also the oath of justice as
required by
the act of February session, seventeen hundred and seventy-seven.
XVIII. And be
it enacted, That if the chief justice of any county court,
appointed and commissioned in virtue of this act, shall refuse to act,
or after
acceptance shall resign, die, remove out of his district, or be rendered
incapable
to act, or if any associate justice, appointed and commissioned in
virtue of this
act, shall refuse to act, or after acceptance shall resign, die, be
rendered incapable
to act, or remove out of the county, the governor for the time being,
with the
advice and consent of the council, is hereby authorised and requested
to appoint
and commission another fit and proper person to fill such vacancy.
XIX. And be it
enacted, That every chief justice of any county court, appointed
and commissioned in virtue of this act, shall have, within the district
for which he shall be appointed, all the powers and jurisdiction of
a justice of
the peace, except only as to the hearing and determining in the case
of small
debts out of the court; and every associate justice, appointed and
commissioned
in virtue of this act, shall have, within the county for which he shall
be appointed,
all the powers and jurisdiction of a justice of the peace out of court,
except only as to hearing and determining in the case of small debts
out of court,
and sitting as a justice of the peace in the levy court.
XX. And be it
enacted, That the said chief justice, or either of the associate
justices, may, out of court, direct the clerk to enter judgments by
confession,
or non sum informatus, and such judgment shall be as legal and
valid as if entered
in court during its sitting. |
CHAP.
XLIII.
Plaintiff shall
suffer a nonsuit,
&c.
No commission
to issue except
to chief
justices, &c.
Justices to
take the oaths,
&c.
How vacancies
are to be
filled.
Chief justices
to have all the
powers, &c.
And may direct
the clerk,
&c. |
