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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 609   View pdf image
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Acts. 609

 

"such Office, and shall duly and carefully look after,
"preserve and maintain all the several Books of Records now
"being and remaining in the said Office, as also those that
"from Time to Time shall be added thereto, in Manner, as that
"when shall be dismissed from officiating longer in the
"said Office, he shall deliver all the aforesaid Records to the next
"Person that Succeeds in the said Office, in good Order and
"Repair, according to the true Intent and Meaning of the Act
"of Assembly, in that Case made and provided: That then the
"above-written Obligation is to be void and of no Effect,
"otherwise to remain in full Force and Virtue in Law."

The which Bond being so entered into, and taken by Two
Justices of the Provincial Court as aforesaid, they shall immed-
iately call before them, the Witnesses to said Bond or Bonds,
and cause a Probate thereof to be made before them, which
they shall endorse, or cause to be endorsed on the Back of
the said Bond or Bonds, with Order immediately to enter
the said Bond with the Endorsement, in the Provincial
Land Records, which shall be immediately performed by the
proper Clerk; and after such Entry upon Record, the original
Bond is to be immediately lodged with the Clerk of the
Council, in the Council Office, who is hereby required to take
Charge of the same; and that an attested Copy of the said
Bond, from the said Provincial Records, shall be as good Evi-
dence in Law, to maintain any Action of Debt to be brought
for the Breach of the Condition thereof, to all Intents and
Purposes, as if the original Bond were actually produced in
such Case.
IV. Provided, That although such Officers have entered
into Bonds, with Sureties as aforesaid, the entering into such
Bonds shall not be deemed a Compliance with the Directions
of this Act, at any Time after the Sufficiency of such Sureties
shall be disapproved of by the Justices of the Provincial
Court, in Court sitting; but that in case of such Disappro-
bation, the Officer or Officers aforesaid, shall be obliged to
enter into new Bond, in Form aforesaid, with such Sureties
as the said Provincial Court shall approve of.
V. And be it further Enacted, by the Authority, Advice
and Consent aforesaid, That it shall and may be lawful for any
Person whatsoever, to put such Bond or Bonds in Suit, for
any particular Breach thereof, to their respective Damage,
without any formal Assignment of such Bond; and in case
of Recovery, shall have the Damages to be assessed by a
Jury awarded them, by the Court before whom such Recovery
shall be had, out of the Penalty of such Bond: But in case of
a Non-Suit, shall Satisfy the Defendant his full Cost of Suit,

39

Bacon.



 
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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 609   View pdf image
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