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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 392   View pdf image (33K)
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392 Assembly Proceedings, June 15-July 3, 1773.

Liber R. G.
1773

respective County Courts an original Jurisdiction exclusive of the
Provincial Court in all Actions Suits and Causes whereof the County
Courts have a Jurisdiction concurrent with the Provincial Court by
the Laws now in force And also to extend the Jurisdiction of the
County Courts to other Matters and Causes

[Plaintiffs
obliged to
sue in the
County
Courts, in
all such
Causes as
are now
Cognizable
there, and
not in the
Provincial
Court.]
p. 172

Be it therefore enacted by the authority aforesaid that from and
after the End of this present Session of Assembly all Persons having
any Cause of Action against any Inhabitant or Inhabitants of this
Province shall by virtue of this Act be obliged in case of Suit to sue
and implead the Person or Persons aforesaid against whom he
she or they hath have or shall have any Cause of Action in the
several and respective Courts of the Counties wherein the Defendant
or Defendants shall reside and not in the Provincial Court in all
and every such Cases and for and in all and every such Matters
and Causes as are by the Laws of this Province now cognizable or
determinable by or in the said County Courts and in case any Suit
or Action shall after the End of this present session of Assembly be
commenced or brought in the Provincial Court for or upon any
cause or matter so cognizable or determinable by or in the said County
Courts by the Laws now in force the Plaintiff or Plaintiffs in such
Suit or Action shall suffer a Non Suit and thereupon pay the De-
fendant or Defendants his her or their Costs any Law or Usage to
the Contrary notwithstanding.

[Persons
may sue in
the County
Court; for
any cause
where the
Justices of
the Provin-
cial Court
have original
Jurisdiction,
&c.]

And be it also enacted by the Authority aforesaid that any Person
or Persons shall have full Power after the End of this Present
Session to bring Suit in the County Court for any Cause whatsoever
whereof the Justices of the Provincial Court have any original Cog-
nizance or Jurisdiction whether for the Recovery of any Debt or
Damages whatsoever or of the Right or Possession to or of any
Lands or Tenements and also all Writs of Replevin may be after
the end of this present Session of Assembly issued out of any County
Court returnable to such Court out of which such Writs shall issue
and no Suit or Action which shall be commenced or brought in any
County Court shall before Judgment be removed by or on the behalf
of the Plaintiff or Plaintiffs in such Suit or Action to the Provincial
Court on Penalty of such Plaintiff or Plaintiffs suffering a Non Suit
and Paying Costs

[Defendant
may remove
any Civil
Cause from
the County
Court to the
Provincial
Court, &c.]

Provided always that any Defendant or Defendants shall have it in
his her or their Power to remove any Civil Cause or Suit from the
County Court to the Provincial Court in the same manner as he
she or they might or could do before this present Act and also
in all such Cases wherein the Civil Jurisdiction of the County
Courts is by this Act extended or enlarged
And Provided also that any party or parties aggrieved by any
Judgement or Determination of any County Court in exercising the
Jurisdiction conferred by this Act shall have full power to appeal



 
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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 392   View pdf image (33K)
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