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THOMAS JOHNSON, Esq; Governor.
respective county courts during their sitting, if returned to any county
court, after
the return thereof, before any such judgment shall be entered up; and if
it
shall appear to the justices of the court to which any such reward shall
be returned,
within the respective times aforesaid, that the same was obtained by
fraud or
malepractice, in or by surprise, imposition, or deception of the arbitrators,
or
without due notice to the parties, or their attorney or attornies, it shall
and may
be lawful for the said court to set aside such award, and refuse to give
judgment
thereon. |
1778.
CHAP.
XXI. |
X. Provided
always, and be it enacted, That if any cause which hath been
referred, or which shall hereafter be referred, by virtue of this act,
either of the
parties, or any of the arbitrators to whom the same is or shall be referred,
hath
died, or shall happen to due before any award was or shall be made, or
if the arbitrators,
or any of them, have refused or shall refuse to act, or if after an award
made the same hath been or shall be set aside, that then all the space
of time
from the impetration of the original writ in such cause, until the death
of the
party or arbitrator, or refusal to act, or setting aside such reward, shall
not run,
be had, reckoned or estimated, as part of the time limited for the brining
or prosecuting
such suit, and that this act shall and may be taken advantage of, in bar
of the act of limitation, without any special replication, any thing to
the contrary
hereof notwithstanding. |
Proviso. |
XI. And be it
further enacted, That if any habeas corpus shall be hereafter
issued
by any defendant out of the general court, to remove any cause depending
in
any county court within this state, if upon the return of any such writ,
and the
record certified into the said general court, it shall appear to the judges
of the
same court, that the original debt or damages do not exceed twenty pounds
sterling,
thirty-three pounds six shillings and eight-pence current money, or two
thousand
pounds of tobacco, or where the action shall br brought upon a bond or
other
specialty for the payment of money or tobacco, or payment or performance
of
any bill of exchange protested, it shall appear to the said judges, that
the principal
sum mentioned in such specialty or condition thereof, or due on such bill
of
exchange protested, doth not exceed twenty pounds sterling, thirty-three
pounds
six shillings and eight-pence currency, or two thousand pounds of tobacco,
the
said judges of the general court, upon the prayer of the plaintiff, in
such case
shall award a procedendo on such writ of habeas corpus, any
law, usage or custom,
to the contrary notwithstanding. |
On habeas
corpus issued
out of general
court, &c.
judges may
award procedendo,
&c. |
XII. And be
it further enacted, That in all cases whatsoever, where judgments
have been entered agreeable to awards heretofore made, the same shall be
deemed
and taken to be good and valid, and as effectual in law, to all intents
and purposes,
as if the same judgment had been rendered upon verdict or confession. |
Judgments in
awards good
and valid, &c. |
XIII. Provided
always, That nothing in this act contained shall extend or
be construed to extend, to establish, or in any manner affect, any judgment
that
hath been entered, on which any writ of error or appeal hath been presented,
or
is now depending, but that such judgment shall be considered in all respects
as if
this act had not been made, or be construed to affect any person or persons
that
hath or have purchased any lands, tenements or hereditaments, bonâ
fide, and on
good and valuable consideration, but that such purchaser or purchasers
shall be
and remain in the same state, right and condition, as if this act had not
passed. |
Proviso. |
XIV. And,
whereas inconveniencies have arisen to suitors, where the judges
and justices of the several courts of law in this state have been divided
in opinion:
Be it enacted and declared, That in
all actions in any of the courts of common
law of this state, wherein the said judges or justices shall be divided
in opinion,
any person affected by such division, in any of the said courts, in any
action
whatsoever, shall and may be entitled to and have his bill of execution,
in the
same manner as if the opinion of the court had been given against him,
and as
such person would be by law entitled to in other cases. |
Where judges
are divided in
opinion, a bill
of exception
may be taken,
&c. |
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