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GEORGE PLATER, Esquire, Governor.
VI. And be it
enacted, That all warrants and executions, in virtue of this act,
shall be made returnable at a certain day, not exceeding forty days after
the test
thereof, before the justice issuing the same, or some other justice of
the peace for
the same county, who are hereby authorised and required, upon application
of
the party, to call upon the constables for such returns, and, in case of
non-payment
by any constable who admits the receipt of any debt or demand, it shall
and may be lawful for the justices to give judgment, and award execution
forthwith,
against such constable, directed to the sheriff of the county where the
said
constable resides. |
1791.
CHAP.
LXVIII.
Warrants, &c.
to be made
returnable at
a certain day,
&c. |
VII. And be
it enacted, That witnesses shall be allowed two shillings and six-pence
current money per day for each day's attendance, and no more. |
Allowance to
witnesses. |
VIII. And be
it enacted, That in all cases where witnesses do not attend according
to summons, the justice, before whom such witness ought to have
attended, shall and may enforce obedience to his process by attachment
of contempt,
to be made returnable before the justices of the next county court, who
are hereby authorised and required to take cognizance thereof, and
shall and may,
at their discretion, fine the offender any sum not exceeding twenty shillings
current
money for every such offence, to be applied towards defraying the charges
of
such county. |
Justice may
enforce obedience
to his
process, &c. |
IX. And be it
enacted, That the justices 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 out of court by
this act,
which shall not exceed ten pounds current money, or one thousand pounds
of
tobacco, any law, usage or custom, to the contrary notwithstanding. |
County courts
not to hold
plea in certain
cases, &c. |
X. Provided
always, That this act shall be deemed, construed and understood,
to extend only to debts, or sums of money or tobacco, due on contract,
and to damages for the non-delivery of grain or other articles contracted
to be
delivered. |
Proviso. |
XI. And be it
enacted, That if any constable to whom any warrant is delivered
shall not make return thereof according to the command of the same, it
shall be lawful for the justice who issued the said warrant, upon application
of the
plaintiff, or of his agent or attorney, and proof made of the delivery
of the said
warrant, by the confession of the said constable, or by the oath, or affirmation,
as the case may require, of the said plaintiff, his agent or attorney,
or any other
credible witness, to call such constable before him, and, unless a good
excuse is
offered, fine him for his said neglect any sum not exceeding seven shillings
and
six-pence; and if any constable shall make due return of any warrant, by
which
it shall appear that he has taken the body of the defendant, and shall
fail to
produce him to the justice before whom the warrant shall be returned, it
shall be
lawful for the said justice to fine the sid constable for such offence
any sum not
exceeding seven shillings and six-pence, and such justice may appoint
another
day, not exceeding fourteen days from the return day of the said warrant,
for
producing the body of the defendant on the appointed day, it shall
be lawful for
the said justice, at the request of the plaintiff, his agent or attorney,
to enter
judgment for the plaintiff for the amount of his debt, and costs, against
such
constable, on which judgment an execution may be issued by the said justice,
directed to the sheriff of the county aforesaid; provided, that it shall
always
be in the discretion of such justice, on due proof made that the constable
could
not produce the body of the defendant, because the said defendant was too
ill to
be removed, or for any other good cause, to appoint any other reasonable
time
for producing him, in which case he shall have power to enter judgment,
and to
issue execution against the said constable on default of producing the
body of the
defendant, in the manner before directed; and provided also, that before
any
execution shall be issued against the said constable, the plaintiff, or
his agent or
attorney, shall make it appear to the satisfaction of the said justice
that he has |
Constable
may be fined
for not
making a return,
&c. |
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