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Proceedings and Acts of the General Assembly, 1752-1754
Volume 50, Page 271   View pdf image (33K)
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Acts. 271


as are usually taken Advantage of by Special Demurrers; and also
for aiding such Defects in the Entries of Clerks, as are frequently
taken Advantage of, on the Prosecuting Writs of Error or Appeals,
as well as divers other Advantages of other Defects, or pretended
Defects or Errors, which only serve to prevent or divert the Exami-
nation of, and giving Judgment on the very Right of the Cause:
For Remedy whereof,

Liber H. S.
No. I

Be it Enacted, by the Right Honourable the Lord Proprietary, by
and with the Advice and Consent of his Lordship's Governor, and
the Upper and Lower Houses of Assembly, and the Authority of the
same, That in all Actions to be commenced after the End of this
Session of Assembly, the Justices of the several Courts of Law within
this Province, shall proceed and give Judgment according as the
very Right of the Cause and Matter in Law shall appear to them,
without regarding any such Omission, Defects, Advantages, or Pre-
tences as aforesaid, so as sufficient Matter shall appear in the Pro-
ceedings, upon which the Court may proceed to give Judgment
according to the very Right of the Cause and Matter in Law, and that
it shall appear that the Action shall be commenced after the Cause
thereof shall accrue; and that no such Judgment shall be reversed or
set aside, or Execution thereon delayed, for or by Reason of any
such Imperfection, Omission, or Defect; any Law, Usage, or Custom,
to the contrary notwithstanding.

[Judgment
to be given
according to
the Right of
the Cause,
without Re-
gard to De-
fects in the
Action.]

Provided always, and be it Enacted, by the Authority aforesaid,
That nothing in this Act shall extend, or be construed to extend, to
any Writ, Declaration, or Suit of Appeal of Felony or Murder, or
to any Indictment or Presentment of Treason, Felony, or Murder,
or other Matter, or to any Process upon any of them, or to any Writ,
Bill, Action, or Information, upon any Penal Statute.
And be it further Enacted. That in all Actions in the County

[This Act
not to ex-
tend to
Treason,
Felony, or
Murder.]

Courts, where the Matter or Thing in Dispute shall not exceed the
Sum of Twenty Pounds Sterling Money, or Five Thousand Pounds
of Tobacco, the Justices of the County Court, where such Action shall
be brought, may and shall (at the Prayer of either Plaintiff or
Defendant, either before or after Judgment, or Verdict of a Jury, at
Common Law), hear and determine the same, according to the Rules
of Equity and good Conscience, as fully and amply as the Chancellor,
or Keeper of the Great Seal might do in any Case within the Juris-
diction of the Chancery Court; any Law, Usage, Verdict of a Jury,
or Custom, to the contrary notwithstanding.

[Actions for
20l. Sterling
or 5000 Ibs
of Tobacco,
may be
chancerized
in the
County
Courts.]

p. 3

And be it Enacted, That where any Person or Persons is or are
bound in any Bond, or other Obligation, for the Payment of Money,
Tobacco, or other Goods, or indorse any Bill of Exchange that shall
be Protested, and the Money, Tobacco, or other Goods, or such Part
thereof as shall be unpaid by the principal Debtor, shall be paid or
tendered by the Surety or Indorser, that the Obligee or Indorsee shall
be obliged to assign such Bond, Obligation, or protested Bill, to the

[The Obli-
gee, or In-
dorsee, to
assign the
Obligation
to the Sur-
ety, on tend-
ring the
Sum sued
for, &c.]



 
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Proceedings and Acts of the General Assembly, 1752-1754
Volume 50, Page 271   View pdf image (33K)
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