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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 303   View pdf image (33K)
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Acts. 303


Debt, Damage or Costs, until the Sheriff or Coroner of the County
where such Defendant shall reside, shall have returned a Non est
Inventus, on a Capias ad Respondendum, or Capias ad Satisfacien-
dum, issued at the Request of the said Person against the said De-
fendant.
III. And be it further Enacted, by the Authority aforesaid, That
if any Person be Arrested upon a Capias ad Respondendum, con-
trary to the Intent of this Act, the Plaintiff in the said Action shall
suffer a Non-suit, and pay the Defendant his or her reasonable
Costs, Charges, and Damages, to be adjudged him or her, by the
Court from whence such Process issued: And if any Person be
taken in Execution, contrary to the Directions hereof, the Justices
of the Court from whence such Execution issued, shall discharge
him or her, from his or her Imprisonment; and in a summary Way
adjudge to him or her, his or her reasonable Damages, Costs and
Charges; and cause the same to be discounted by the Plaintiff, out
of his or her Judgment obtained against the said Defendant; any
Law, Statute, Usage or Custom to the contrary thereof in any wise
notwithstanding.

Session
Laws

IV. And whereas it appears that small Benefit is reaped by the
Act for Stay of Execution after the Tenth of May yearly, and the
Supplementary Act thereto; for that it is hardly possible to get any
Quantity of Tobacco ready by the Tenth Day of November :
V. Be it Enacted, by the Authority, Advice, and Consent afore-
said, That the Time in the aforesaid Acts mentioned for Stay of
Execution, shall hereafter be changed from the Tenth Day of No-
vember, unto the Tenth Day of February: And that these Words,
on the Tenth Day of November next, in the Confession by the said
recited Act for Stay of Execution required to be made, shall be
changed to these Words, viz. On the Tenth Day of February next.
VI. And be it further Enacted, by the Authority, Advice, and
Consent aforesaid, That it shall not be lawful for any Person or
Persons, to sue out any Execution upon any Judgment whatsoever,
superseded, or upon any Confession made therefore, after the Man-
ner aforesaid, till after the Tenth Day of February next following
the said Supersedeas or Confession; any Law, Statute, or Usage to
the contrary thereof in any wise notwithstanding.
VII. Provided always, That this Act, or any Thing therein con-
tained, shall not extend to the Benefit or Advantage of any Persons
that shall abscond or fly from Justice in the County where they live ;
but that such Persons may be Arrested in any County wherever they
are to be found.
VIII. This Act to endure, from and after this Session of Assem-
bly, for and during the End of Three Years, and to the End of the
next Session of Assembly after the Three Years.

p. 23



 
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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 303   View pdf image (33K)
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