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Assembly Proceedings, September 1642. 187
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9 An Act touching Verdicts and Judgements
In actions of debt vpon accompt, it shalbe a good plea for
the defendant, to say The plaintif (or other partie whose
assigne the plaintif is) is indebted to him vpon accompt. In
wch case the Accompt shalbe balanced, & iudgemt given only
vpon the cleare accompt.
If the Judge think any verdict greivous to either party, or
exceeding the issue, committed to their enquiry, he may
returne them to consider better of it, or charge another Jury
wth it, at the instance of either party desiring it, & undertaking
the charge. To wch end the point in issue shalbe delivered to
the Jury in writing, and the verdict returned likewise in writ-
ing vnderneath it, wch shalbe kept vpon a file by the clerk of
the Court for the Justification of his entry.
And if the Judge find the Jury evidently partiall or willfull,
he may charge another Jury to enquire & try by the same evi-
dence. And if they find contrary to the former Jury all the former
Jury may be fined at the discretion of the Judge. This Act to
endure for three yeares from this present day.
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Liber P R
p. 21
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10 An Act providing some Rule for Exequutions
The necessary clothing, bedding, and tooles of any party
may not be taken in exequution, but all other the lands, goods
& chattells of any partie exequuted vpon by the Officer shalbe
sold at an outcry, to such persons as the Officer will answere
for, or the partie interessed (being present) doth not except
against. And in default of such, then they shalbe appraised
by three men or the greater part of them, whereof one to be
chosen by the Officer, another by the owner, and the third by
the Creditor or party recovering or his assigne. And if they
all differ that appraisement shall stand wch is made by him
nominated by the Sheriff or officer. Or els they shalbe ap-
praised by the Creditor (or some by him appointed) & if
the owner like them at that rate, & pay or secure the Creditor
for them, he may have them at that rate, or els may deliver
them at that rate to the Creditor
And the party recovering may have an iniunction against
any the debtors of the party recovered vpon, to command them
to pay such debts to the party recovering, and to authorise his
discharge. And if the debts be not due at that time, the
Creditor may have an Iniunction to stop them in the debtors
hand till further order from the party or the Court. And it
may be inquired of any partie by his oath what he oweth to
the party recovered vpon. And the party recovering may be
admitted to sue any Bill or debt in name of the party recovered
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