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Proceedings and Acts of the General Assembly, October 25, 1711-October 19, 1714
Volume 29, Page 440   View pdf image (33K)
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440 Assembly Proceedings, June 22- July 3, 1714.

Bacon

personal Claim or Demand against any the Inhabitants of this
Province, wherein the original Debt or Damages do not exceed
the Value of Twenty Pounds Sterling, or Five Thousand
Pounds of Tobacco, shall (by virtue of this Act) be obliged to
sue and implead their several' and respective Debtors in the
several and respective County Courts where such their Debtors
inhabit and reside, and not elsewhere; on Penalty of suffering
a Non-Suit, and paying the Defendant his reasonable Charges,
to be adjudged by the Justices of any other Court wherein
they shall be sued and impleaded; any Law, Statute, Usage,
or Custom, to the contrary notwithstanding.
III. And be it further Enacted, by the Authority aforesaid,
by and with the Advice and Consent aforesaid, That where
any Debt or Damages is demanded, by virtue of any Bond,
or Writing Obligatory, the Penalty of such Bond shall not,
although it exceed Twenty Pounds in Money, or Five Thou-
sand Pounds of Tobacco, entitle any Plaintiff to bring his
Action in any Court but the County Court, unless the real
Sum in the Condition of such Bond amounts to Twenty
Pounds, or Five Thousand Pounds of Tobacco; any thing in
this Act, or any other Statute, Law, Custom, or Usage, to the
contrary notwithstanding.

IV. Provided always, That nothing in this Act shall extend,
or be construed to extend, to debar or hinder any Person
from bringing his Action in the Provincial or Superior Court,
on any Covenant, or any Bond for the Performance of Cove-
nants, or for the Performance or Sufferance of any Act or
Acts, Thing or Things whatsoever, although the real Damages
or Sum recovered be less than Twenty Pounds Sterling, or
Five Thousand Pounds of Tobacco, and so as the Penalty of
such Bond for the Performance of Covenants, or Performance
or Sufferance of any other Matter or Thing whatsoever, exceed
Twenty Pounds in Money, or Five Thousand Pounds of
Tobacco. But no Bond for Payment or Performance of any
Bill of Exchange, shall be prosecuted in any Court but the
County Court, unless the original or principal Sum mentioned
in such Bill of Exchange, and due on the same protested, shall
amount to Twenty Pounds Sterling; any thing in this Act, or
any other Statute, Law, Use, or Custom, to the contrary not-
withstanding.

V. And whereas the Justices of the several County Courts
of this Province, by their Commission, cannot hold Plea or
Cognizance of any Sum above One Hundred Pounds Sterling,
or Thirty Thousand Pounds of Tobacco, and that it often
happens that several Persons, Inhabitants of this Province
have Occasion to sue their several Debtors, likewise Inhabi-



 
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Proceedings and Acts of the General Assembly, October 25, 1711-October 19, 1714
Volume 29, Page 440   View pdf image (33K)
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