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(Repealed by Act 5 Dec., 1746.)
An Act Concerning Evidences.
I. Whereas Divers inconveniences accrue to the Inhabitants of this Government for want of a due & regular method in compelling witnesses to attend & give their Evidences at the Court or Courts & at the time or times they are legally summoned to appear:
II. Be It Therefore Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Props. of Carolina by & with the Advice & Consent of the Genl. Assembly now met at Little River for the No. East part of said province, that all persons legally summoned to give evidence shall be allowed for the comeing to & going from the Court whereto they were summoned Twenty Pence per Diem (for the number of those days to be reasonably Adjudged of by the Judges of the said court) & for the time they shall attend these until they have given their evidence Two Shillings & Six pence pr. Diem for payment of which said several allowances Judg. ment shall be given by the Judges of the said Court against the party on whose behalf they were summoned upon Motion made to the said court for the same. And that the charge of suit may not be increased by more Evidences than are needfull there shall not be allowed in a Bill of Costs more than three Witnesses to one Action unless for several matters Incident thereto which severally may require the attestation of two witnesses.
III. And Be It Further Enacted that if any Marshall or his Deputy shall come to any person's Dwelling-House or place of most usual Residence & Abode within this Govnmt. lawfully to summon him, them or any of them thereto belonging or Residing to give evidence in any Court in this Governmt. & not finding the persons at home shall at their respective Dwelling-House or place of Residence as aforesaid at least Tenn dayes before the sitting of the Court leave a true copy of the summons with any person of the Family it shall stand good in Law & the person thereby bound to appear: Provided the Officer shall declare upon his Oath his Lawfull proceedings therein.
IV. And Be It Further Enacted by the Authority aforesaid that all Subpoenas for summoning of Evidence shall have the Penalty of One Hundred Pounds for the Evidence's Non-Appearance inserted in the Same which Penalty shall be to make good all such Damages as shall be Adjudged by the Court to accrue therefrom to be immediately granted without other process by Execution & paid to the Party to whom such evidence was summoned: Provided such evidence do not within Thirty days after Sitting of the Court whereto he was Summoned give sufficient reason upon Oath to the First in Commission of the Court for such his non-appearance at Court. And Further that if any Witness being duly summoned as afores'd to give Evidence in any Cause shall refuse to declare it on Oath He or She shall be committed to the Custody of the Marshall or Dep. & here remain till such time as He or She will & shall declare it upon Oath. EDW’D MOSELEY,
(Repealed by Act. 5 Dec., 1746.)
An Act for the Relief of such Creditors whose Debtors having Lands in this
Government depart without leaving Personal Estate sufficient to pay
their Debts. I. Whereas divers persons possessed of Estates in Lands in this Governmt. having contracted Debts depart without leaving Personal Estate sufficient to discharge the same & there not being suitable provision made whereby the Lands may be subject to satisfy such creditors: for remedying whereof & that such Lands may not lye unoccupied & the Country unsettled:
II. Be It Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Props. of the province of Carolina by & with the Advice & Consent of this present Genl. Assembly now met at Little River for the No. East part of the Province & by the Authority of the Same.
III. And It Is Hereby Enacted that in all such cases where any Creditor shall take out any process against any Fugitive Debtor & upon a "non est tnrentus" returned, on the same process as Attachment shall be granted the next Court & a “Nulla Bona” returned thereon for want of Personal Estate. Upon that Return the Creditor shall proceed to prove his Debt upon Oath, Upon which Proofe so made before the Court & if the Debt shall Exceed the sum of Five Pounds the Court shall Proceed to give Judgment & Execution for the Debt with Costs of Suits & Damages.
IV. And Be It Further Enacted by the Authority afores'd that if the Marshall or his Dept. shall return "Nulla Bona" upon the Execution the Court shall nominate Six Freeholders who on their Oath shall value the Lands or Plantations of such Debtors or so much thereof as shall satisfy the debts with costs of Suit & Damages, & upon Return of such their Appraisment the Court shall order the same to the creditor at that rate in Fee Simple which Crder shall be a Good & Sufficient Title to the creditor & his Heirs & Assigns against the Debtor & his Heirs, Any sale of such lands made in foreign parts, Act, Law, Usage or Custom to the Contrary thereof in any wise notwithstanding. EDW'D MOSELEY,
An Act concerning Escapes of Persons under Execution.
1. Whereas divers persons under Execution are often times suffered to go at large by the Provost Marshall of the Several Countys within this Gov. ernment sometimes by Mainprize or by Baile & sometimes without-with an Attendant under pretence of a keeper & to travell into the Countys Abroad about their Merchandizes & other their business without their assent at whose Suite they be in Execution & without any other agreement thereof made whereby the Law is rendered Ineffectual & the Subject deprived of his comeing to his right & Recovery against such Prisoners to the great Mischief & undoing of many people.
II. Be It Therefore Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Proprs, of Carolina by & with the Advice & Consent of this present General Assembly now met at Little River for the No. East part of said province.
III. And It Is Hereby Enacted that Prisoners under Execution shall be confined to the Provost Marshall's house which is hereby declared to be the County prison until sufficient Gaols are built & prepared & that from henceforward no Prisoner there being under Execution as afores'd, shall be permitted to go out of such prison further than the Limits of his fenced lands by Mainprize, Baile or with a Keeper or any other pretence whatsoever without Satisfaction first made to the party Pitf. of that whereof the Prisoner was Adjudged unless by Writt or other Commandment of the court or special Leave or Licence from the Party Pltf.
IV. And Be It Further Enacted that if any Provost Marshall or his Deputy shall from henceforwards suffer or permit such prisoner to go out at large contrary to the true Intent & meaning of this Act the Party Pltf. shall have their remedy against the same Marshall.
V. Provided Allwayes & It Is Hereby Enacted that if any Prisoner as afores'd before such sufficient Gaols are built & prepared shall make his escape from the Marshall's house & such Marshall who is hereby Impowered so to do, shall pursue such prisoner with Hue & Cry to the utmost bounds ct the Government & on Recovery of him shall secure him in Irons. Or if it shall be found that such Prisoner hath actually escaped the Governmt. the said Marshall shall forthwith take out a “Fieri Facias" without any leading proceedings against the Estate of the Prisoner so escaping & the same shall Execute in behalf of the Pltf. if any Estate can be found that then & in such case the said Marshall shall be Adjudged to have done his duty therein & shall be Acquitted from any Action or Actions accruing to the Pltf. by virtue of this Act. EDW'D MOSELEY,
An Act to direct the disposal of Goods upon Execution & for the better
Regulation of Distresses hereby to be made for Levys & Quit-rents.
I. Be It Enacted by His Excellency the Palatine & the Rest of the True & Absolute Lords Props, of Carolina by & with the advice & consent of this present Genl. Assembly now met at Little River for the No. East part of said province & the Authority thereof.
II. And It Is Hereby Enacted that in all cases whatsoever where any Goods & Chattels shall be taken upon Execution Granted or hereafter to be Granted out of any Court or by Distress for Taxes & Quitt-Rents the same shall remain in Custody of the Provost Marshall or his Deputy Constable or such other persons levying or making Execution or Distress for & dureing the space of Ten dayes at the termination of which time (if they are not before redeemed by the person from whom they were taken) they shall be appraised by Four Substantial Freeholders of the County; two to be chosen by the Party from whom they were taken & the other two by the Party that is to be possessed of the same & in case it happen that both or either Party or Partys shall not make such choice as above said then the said Marshall or his Deputy Constable or other person Levying or Making such Execution or Distress shall make choice in behalfe of him, her or them which shall so neglect to make choice & if the Appraisers so nominated & appointed (being first sworn before some Magistrate) cannot agree in their Appraism't. Then the said Appraisors or any three of them shall & they are hereby Impowered & Required to choose an Umpire who (also being sworn as aforesaid) shall Determine the Matter. And the property of such Goods so Apfraised shall forth with be in & for the Party for whom they were taken he or they returning the Overplus (if any be) to the Person whose Goods or Effects shall be so taken in Execution or Distrained upon & Appraised after the original debt with all accrueing Costs are satisfied & payed out of the same.
III. Provided allwayes that in cases where the sum taken by Execution or Distress shall not exceed Fifty Shillings there shall be only Two Appraisers to be equally elected & nominated as afores'd.
IV. And Be It Further Enacted by the Authority afores'd that the Provost Marshall or his Deputy after Execution Levied shall make Return of the Execution to the Court that granted it, there to be entered upon Record that so the Satisfaction as well as the Judgment may be Apperently proved if need require. EDW'D MOSELEY,
(Repealed by His Majesty's Order in Council.) An Act concerning Attorneys from Foreign Parts & for giving Priority to
1. Forasmuch as the Relieving & Remedying such persons as shall be Impleaded in Vexatious Actions by Virtue of Foreign procurements & the preferring & paying Country debts before others must necessarily be of great Use & Benefit to the Inhabitants here.
II. Be It Therefore Enacted by His Excellency the Pallatine & the Rest oi the True & Absolute Lords Props. of Carolina by & with the Advice & Consent of this present Genl. Assembly now Met At Little River for the No. East part of the said Province.
III. And It Is Hereby Enacted that no Attorney shall by Virtue of any power out of any of his Magisty of Great Britains Dominions or from any other place be allowed or admitted to implead or prosecute any Action or Actions for debts contracted in Foreign parts against any of the Inhabitants of this Country until such Attorney has first entered into Bond in the Penal sum of Twenty Pounds with good & sufficient Securitys payable to the Chief Judge or President of the Court in which such suit or suites shall be commenced & to his Heirs, & Successors or Assoigns for the payment of all such Cost & Damages as the Court shall award Which said Bond & Security
the Clerke of that Court whereout the first process Issued is hereby strictly
IV. And Be It Further Enacted by the Authority aforesaid that if any