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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 271   View pdf image (33K)
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Acts. 271

Discretion of the Court where such Case shall happen;) and
that it shall and may be lawful for the several Courts afore-
mentioned, upon the Discontinuance of any Action or Actions
aforesaid (if by the Act or Default of the Plaintiff) to award
him to pay the Costs; but, if by the Act or Default of the De-
fendant, then to give Judgment for the Plaintiff; and if thro'
the Default of any Attorneys neglecting their Duty in bring-
ing Causes to a Decision, within the Time limited by this Act,
in all and every such Case, every Attorney so neglecting his
Duty, to the Prejudice of his or their Client, shall, for every
such Neglect in the Provincial Court, forfeit the Sum of Five
Thousand Pounds of Tobacco: And for every Neglect in the
County Court, the Sum of Two Thousand Pounds of Tobacco,
and all Costs of suit accrued on any Action discontinued by
Default of such Attorney. One Half of the aforesaid Fines
to the Party grieved, the other Half to his Lordship the Lord
Proprietary, to be appropriated to and for the Use and Benefit
of a Public or Free-School of the County where such Fines
arise; to be recovered (in his Lordship's Name) in any of the
Courts of Record within this Province, by Action of Debt, Bill,
Plaint or Information, wherein no Essoin, Protection or
Wager of Law to be allowed, and but one Imparlance: Pro-
vided that the Time of Continuance of any such Suits in the
Courts of Law, by Injunction in Chancery, or by allow-
ing Infants the Benefit of the Parole-Demurr, be not ac-
counted as Part of the Time of Limitations aforesaid.
II. And whereas it often happens that Actions are delayed
by Reason the Evidences in such Suits are Seafaring Men, or
others, whose Business and Employments call them out of this
Province when such Actions should regularly come to Trial ;
Be it therefore further Enacted, by the Authority, Advice and
Consent aforesaid, That the Depositions of any such Seafar-
ing Men, or others, taken before Two Justices of any County
Court of this Province, or one of the Justices of the Provincial
Court, in the Presence of the adverse Party to him that re-
quires such Depositions to be taken, if upon due Notice he
thinks fit to be present, or upon Notice to refuse to be present,
(the Notice being proved) shall be received as good Evidence
in any of the Courts within this Province, as if such Evidence
were personally present upon the Trial, and should deliver the
same Viva Voce.
III. And be it further Enacted, by the Authority aforesaid,
That from and after the End of this present Session of As-
sembly, it shall and may be lawful for any Person or Persons
that shall conceive themselves aggrieved by any Decree of the
Chancery Court, to have an Appeal to the Governor and


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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 271   View pdf image (33K)
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