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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 60   View pdf image (33K)
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60            An Abridgment of the Laws of

the Sheriff of the County, who shall immediately execute
the same ex Officio, saving to such Sher. his fees of Imprisonment,
if the Party remain in prison 24 hours.
    VIII.  In all Actions brought in the County Court, if
upon tryal it doth appear, that the just Ballance doth
not exceed 200 l. of Tobacco, or 16 s. 8 d. in Money, the
Plaintiff shall be nonsuited.
    IX.  If any Action be brought in the Provincial Court
of this Province, and upon Tryal it doth appear to the
Court, that the just Balance is under 1500 l. of Tobacco,
or 6 l. 5 s. in Money, the Plaintiff shall be nonsuited.
    X.  The High Court of Chancery in this Province shall
not hear, determine, or give relief in any cause wherein
teh Original Debt or Damages doth not amount to the
sum of 120 l. of Tobacco, or 5 l. 1 d. in Money, but
that the Judgments in the County Courts of this Province
for 1200 l. of Tobacco, or 5 l. in Money shall be
final.
    XI.  An. 11. W. 3. 1699. p. 84.  No person whatsoever,
his Executors, or Administrators, Living or Trading into
this Province, shall for any Debt owing to him by
Account, Book or otherwise, for which the Debtor hath
not past his Hand and Seal, sue such Debtor for any such
Debt, unless he first demand and require the same of the
said Debtor, to prove which demand the Creditor or
Demandants own Oath shall be sufficient.
    XII.  If the Debtor be not at home to be spoke with,
then the Demandant shall leave a note under the Hand of
the Creditor, or those he impowers; and if thereupon
the same be not paid, then it shall be lawful for such
Creditor to sue the Debtor, and recover against him
such Costs and Damages as shall be adjudged upon
Tryal.
    XIII.  In case any person shall sue and implead such
Debtor contrary to this Act, he shall lose his Costs of
Suit, and satisfie to the debtor such Damages as shall accrue
to him by such Suit.
    XIV.  Provided, this Act shall not extend to the Benefit
of any Debtor either run away out of the Province,
or wilfully absconding himself from his Creditor, but
such may be proceeded against as before this Law
made.

 

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An Abridgement of the Laws in Force and Use in Her Majesty's Plantations; 1704
Volume 193, Page 60   View pdf image (33K)
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