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EDWARD LLOYD, ESQUIRE, GOVERNOR.
2. AND BE IT ENACTED, That in all cases where
judgments shall
be rendered by a justice of the peace for any sum exceeding ten
pounds current money, it shall be lawful for the defendant to supersede
the said judgment at any time within sixty days from the
rendition thereof, which supersedeas shall stay execution for twelve
months thereafter. |
NOV. 1809.
CHAP. 76.
Judgments above
ten pounds may be
superseded, within
60 days, for 12
months. |
3. AND BE IT ENACTED, That where any judgment
shall be superseded,
the said supersedeas shall be taken by the justice who
rendered the judgment, and no other, provided such justice is living
in the county, and acting in his judicial capacity. |
Justice rendering
judgment to take
supersedeas. |
4. AND BE IT ENACTED, That the justices of
the peace in the
respective counties be and they are hereby directed, and it is hereby
made their duty, to keep a docket, and therein to record and
make regular entries of their proceedings in all cases in which
they shall act in virtue of their office, and they are hereby directed
to furnish the plaintiff and defendant respectively with a copy of
any judgment by them given, when required, on which copy any
other justice of the peace of the county is hereby authorised to issue
execution or fieri facias. |
Justices to keep
dockets, &c. |
5. AND BE IT ENACTED, That if any justice
of the peace shall
omit to keep a docket as aforesaid, or to pursue the directions of
the act to which this is a supplement, so that by such neglect or
omission the plaintiff, (having obtained a judgment before such justice,)
shall lose his or her debt, that then and in that case the said
justice shall pay and satisfy to the said plaintiff the debt, interest
and costs, lost as aforesaid. |
Justice in certain
cases to pay the
debt, &c. |
6. AND BE IT ENACTED, That the judges of the
several county
courts within this state shall not hold plea in the said courts of
any
debt or damage in cases within the jurisdiction given to justices of
the peace by this act, which shall not exceed fifty dollars, any law
to the contrary notwithstanding; Provided nevertheless, that
nothing
in this act contained shall extend, or be construed to extend, to divest
the several county courts in this state from the power of holding
plea of any debt or damages where the same doth not amount
to the sum of fifty dollars, or may be above ten pounds current money,
where the writ or original process issued for the recovery of
the same shall have been impetrated at any time before the first day
of May next. |
County court not
to hold plea of
cases within the
jurisdiction of justices.
Proviso. |
7. AND, whereas doubts are entertained as
to the amount of fees
which justices of the peace are authorised by law to take and receive
as to probats of account, and taking the acknowledgment of
deeds, and other instruments of writing that requires the presence
of two magistrates; for remedy whereof, BE IT ENACTED, That
where any justice of the peace shall write a probat and administer
an oath thereon, he shall be entitled to receive six cents and no more,
and that no justice shall be authorised to charge, take or receive,
any fees or compensation for mileage or journey fee, for the performance
of any duty or business relating to his office as justice of
the peace.
See 1801, ch. 74, s. 30, and 1818, ch. 209. |
Fees of justices.
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VOL. II.
29
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