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III. And Be It Further Enacted by the Authority afores'd that upon such security given either by the Pltf. or Defdt. for prosecuting Appeals from any Inferior Court the Justices of the Court shall immediately cause the Clerke to transcribe the whole proceedings of the same Court relateing to the Cause & certifye the same to the Court where the Appeal is to be tried under the Penalty of Fifty Pounds to be paid by the Justices & the sum of Five pounds to be paid by the Clerke if he shall neglect to do his duty one half to the Church wardens & Vestry for the use of the Parish & the other Halfe to the Party injured: And if upon tryall of the same Appeals the Appellant shall not appear Or if after Appearance the Judgment of the Inferior Court shall be Confirmed the Party Appellant shall pay to the Party Injured Five per Cent over & above the Original Judgment & costs for such his Vexation.

IV. And be It Further Enacted by the Authority afores'd that where any person or persons shall sue out a Writt of Errour from the General Court to reverse any Judgment passed in any of the Inferior Courts of this Government the Party Desueing such Writt of Errour shall give security for prosecuting the suit with effect before the same is granted & shall File Errours Thirty dayes before the sitting of the Genl. Court.

V. And Be It Further Enacted by the Authority afors'd that the Defdt. to any suit commenced by Writt of Errour shall not be compelled to appear & Answer the next Court after he is served with the Writt unless such service was made at least fifteen dayes before the sitting of the Court but shall have Liberty till the next Court following. And if the Defdt, to any Appeal or Writt of Error shall faile to make his appearance after he has had fifteen dayes notice by service of the Writt the former suit or Judgment upon which such Appeal or Error is brought shall be Quashed on the Motion of the Party Appearing & requesting the same.

VI. And Be It Further Enacted by the Authority afors'd That upon any Judgment given or to be given in the Genl. Court if either Party shall think the proceedings are erroneous the Court (upon Motion) shall order a day the Court next following for hearing such errors & shall give notice of the same to both Parties.

VII. And Be It Further Enacted by the Authority afors'd that where any Judgmt. shall be given in any Court of this Government it may happen that the Marshall cannot make Execution of the Judgment within the Jurisdiction of that Court where the Judgment was given, Upon a Return of such Judgment to the Genl. Court Execution shall be granted thereon by the Genl. Court to be Executed in any part of the Government.

VIII. And Be It Further Enacted by the Authority afors'd that upon any Appeale or Writt of Error or upon any Motion in Arrest of Judgment No advantage or Exception shall be taken of or for any Imperfection, Omission or Defect but such as are especially & particularly set down as Error but the court shall give Judgment according to the very Right of the Cause.

IX. Provided that the Attorney for the Pltf. in any Action or suit shall file his Warrant of Attorney with the Clerke of the Court where the Cause is C'epending the Court after the Declaration is filed & the Attorney for the Deft. shall file his Warrant the same term he appears under the Penalty of Fifty Shillings.

X. And Be It Further Enacted by the Authority afors'd that in case any suit or Matter shall arise in the court of Chancery where the Governor or commander in Chief of this Govermt. for the time being may be a Party or Interested therein, It shall & may be lawfull for any Four of the Members

of that Court to sitt & Act therein as tho' the said Governor or Commander were present & not any wayes Interested or a Party therein.

XI. And Be It Further Enacted by the Authority afors'd that from & after the Ratification of this Act every member of the Council or Lords Props. Deputys shall upon his entering into that Office & before he Presume to give his opinion or determination in any cause that shall come before him take an Oath that he will do right to all manner of persons according to the best of his Judgment & understanding of the Laws & Usages of the Kingdom of Gt. Britain under the Penalty and Forfeiture of One Hundred Pounds for every Month he shall neglect or refuse to take the same: One half to the Lords Proprietors the other halfe to him or them that shall sue for the same to be Recovered by Action of Debt, Bill, Plaint or Information in any Court of Record in this Governmt. wherein no Essign, Injunction, Protection or Wager shall be allowed or Admitted. And whereas for want of a sufficient number of justices meeting on the last Tuesday in October last the Commission for holding the Genl. Court is become Void & unless provision be made for continuance of such suits & Actions as were Returnable to that Court divers persons may be very much injured.

XII. Be It Therefore Enacted by the Authority afors'd that all suits & Actions whatsoever which were depending in & Returnable to the Genl. Court which was to be held the last Tuesday in October the same shall be continued till the next Genl. Court to be held the last Tuesday in March next; And all persons whatsoever concerned in any suits or Actions are hereby required to give their Attendance at the next Genl. Court any failing in the s'd Justices of the Genl. Court not meeting on the last Tuesday in Oct. last or any other defect in the said Commission notwithstanding. EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,
C. GALE,
FRAN. FOSTER,

T. KNIGHT.

CHAPTER XXIII.

(Repealed by Act 6 Mar., 1738, chap. 6.)

An Act to prevent the Inhabitants of Bath County bringing Actions in the Genl. Court Against One another for less than Ten Pounds.

I. Whereas to the great prejudice & utter impovishing of divers people Inhabitants of the County of Bath by means of the remoteness of their habitations very many Actions have been sued & prosecuted in the Genl. court of this Province for Matters Cognizable in the Precinct Courts thereby persons Pltf. Inhabitants of & residing within the said County whose particular Business has required their presence at the Genl. Court & consequently Their Attendance no detriment or hindrance to their private affairs, for prevention of the like malicious & unreasonable practice for the future.

II. Be It Enacted by his Excellency the Pallatine & 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 Frovince & the Authority of the same.

III. And It Is Hereby Enacted that no Original Action shall be admitted to be Entered, Sued or Prosecuted by any person or persons whatsoever In

habiting or Residing in the afors'd County of Bath against any Party or Partys Defts. Inhabitants likewise within the said County in the Genl. Court cf this province for any sum or sums of money less than Tenn Pounds: But all & every such Action & Actions shall be Issuable, Tryable & Determinable in some one of the Precinct Courts within the said County of Bath & in no other Court of Pleas whatsoever. Provided allwayes that this Act nor any thing therein contained shall be construed, adjudged & taken to debarr any person or persons Pltfs. or Defts. of their Right of Appeal from the Judgment or Order of any of the Precinct Courts aforementioned either to the Court of Chancery or Genl. court any thing before in this Act to the Contrary notwithstanding.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

I.

CHAPTER XXIV.

(Repealed by Act 4 April, 1741, ch. 15.)

An Act for the Tryal of Small & Mean Causes.

Whereas the Charges in the Genl. Precinct Courts of this Governmt. in many Actions of small value do very often surmount the demand of the Pltfs. to the very great damage of the Partys.

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 the rest of the Members of this Genl. Assembly now met at Little River for the No. East part of the said province.

III. And It Is Hereby Enacted by the Authority of the same that any two or more Justices of Peace, whereof one shall be of the Quorum, are hereby Impowered by their warrant under their hands & Seal directed to some one of the constables, in all actions of debt or other Demands whatsoever for any sum or matter to the value of Forty Shillings or under (which Actions are Hereby made Issuable, Tryable & Determinable only before two justices of the Peace, whereof one shall be of the Quorum as afors'd, and in no Court of Pleas or Judicature whatsoever) cause to be apprehended & brought before them any person or persons which have & do refuse or neglect to pay any Creditor complaining of his or their debt or debts or demands afors'd with all witnesses which are required by either Pltf. or Deft. for the better Froof Clearing & Opening the Actions afors'd & after both Partys with witnesses if any be required before them are come to Examine, Hear, Trye, Adjudge & finally Determine all Complaint & Action of Debts or Demands as afors'd before them brot. And the said Justices are hereby Impowered in case Witnesses or other Reasonable or sufficient Proof are not & cannot be produced to prove any debt Matter or thing which shall or may be brought before them as afors'd to take the Party or Partys Oath or Oaths complaining touching all matters that shall be in dispute which Oaths shall be first proposed or given to the Dft, or Dfts. & upon his or their refusal to take an Oath & answering to such questions as shall be demanded by the s'd Justices relating to the s'd cause then the Justices shall have power to examine the

Pltf. or Pltfs. on his or their Oaths & Adjudge & Determine all matters afors'd, according to Justice & Equity: And after Determination, Execution upon the Goods & Chattels of the Dft. to the full value of the debt due & the Costs and Charges hereafter in this Act provided to be paid to cause to be Levied & for want of Goods & Chattels the Bodys of the Deft, or Defts. to the common gaol to Committ until he or they shall pay his or their debts as afors'd according to the practice of the Court of Pleas.

IV. And It Is Hereby Enacted that all & every Constable or Constables shall cause all Goods & Chattels taken in Execution by Virtue of this Act to be kept in safe Custody Three dayes after they be taken in Execution & the Owner or Owners of all such Goods shall have Three dayes time to satisfy the said Debt & Costs: And upon delay or denial then all such Goods taken in Execution as afors'd to be Appraised by Two or more of the Neighboring Freeholders upon Oath & the Overplus (if any be) to be refunded to the

owner.

V. And It Is Hereby Enacted that all Original Warrants granted by Virtue of this Act shall have Incerted & plainly signified the name or names of the Pltf. or Pltfs, the Debt demanded & whether by Bill Accompt Assumpsit or otherwise due.

VI. And Be It Further Enacted that the said Justices or their Clerke shall for each Warrt. receive Fifteen Pence & that every Constable for every Original Warrt. Executed shall be allowed Fifteen Pence & for every Subpoena Seven Pence half penny, for every Execution Fifteen pence & that all possible means may be used for the paymt. of the Pltf. or Pltfs. after Execution obtained against the Body of the Dfdt. or Dfts.

VII. It Is Hereby Enacted that the Justices have power & they're hereby Impowered in such cases where they shall judge the Dfdt. not worth the debt recovered as afors'd, Then & not otherwise by & with the consent of the Dfdt. or Dfts. him or them to hire to labour at so much per diem as either the Pltf. or any person will allow untill the whole debt by the produce thereof be paid which produce the Justices are hereby required to cause to be employed to no other use but paying of debts as afors'd.

VIII. And Be It Further Enacted by the Authority afors'd and it is the true Intent & Meaning of this Act that any persons who remain indebted by any Bond, Bill, Specialty, Acct., Contract, Agreement, Assumpsit or otherwise howsoever to the sum of forty Shillings or under shall only be sued & Tryed before Justices of the Peace in Manner & form afors'd, as if the Original Debt or Demand had been under the same sum of Forty Shillings. And Be It Further Enacted that every person which shall bring any Action or Suit within any Court within this Part of this Province for more than Forty Shillings & thereupon shall have Verdict for less than Forty Shillings shall lose his Cost of Suite Except in Actions of Trespass & Actions of Defamation.

IX. And Be It Further Enacted by the Authority afors'd that for the more speedy doing of Justice where the Debt or Demand shall be under Twenty Shillings any one of the Justices of the Peace shall have full power & Authority to Heare, Trye & Determine all such causes in such manner & form as is before in this Act provided for Two Justices where the Debt or Demand shall amount to the sum of Forty Shillings. And all Constables to whom either Original Warrant, Subpoena, Summons for Witnesses or Execu tion upon Goods or Chattels or the Body of the Dfdt. or Dfdts. as afors'd are directed by any one or more of the Justices of Peace are hereby Impowered

& Commanded to give due obedience in the Execution thereof according to the true intent & meaning of this Act.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,

FRAN. FOSTER,

C. GALE,

T. KNIGHT.

CHAPTER XXV.

(Repealed by Act 4 April, 1740, ch. 12.)

An Act for the better Regulating The Militia of this Government. I. Whereas the safety of this as well as all other well-governed Colonys greatly depends upon the well-regulating the Militia thereof; Wherefore Be It Enacted by His Excellency the Pallatine & the Rest of the True & Abso. lute Lords Props. of Carolina by & with the Advice & Consent of the present Genl. Assembly now met at Little River for the No. East part of the said Province & by the Authority of the same.

II. And It Is Hereby Enacted that from henceforward the Militia of this Governmt. shall consist of all the Freemen within the same between the years of Sixteen years & Sixty & the several Captains now Appointed & Commissionated or hereafter to be appointed & Commissionated shall within Two months after publication of this Act take a List of the names of all such Freemen within their Districts of which their several Companies shall consist & return one coppy thereof to the Governor or Commander in Chief & another coppy thereof to the Colonel of the Regiment under the Penalty of Five Pounds to be Levied by a Warrt. from the Governor or Commander ir Chief to be directed to the Provost Marshall to Execute.

III. And Be It Further Enacted that when such List are taken as afors the said Captain shall once every year from henceforward Viz. in month of October regulate their said Lists of their several Companys Ly taking new ones & returning coppies thereof as before directed under the like penalty of Five Pounds to be levied as before directed.

IV. And Be It Further Enacted by the Authority afors'd, that any person after having been so Enlisted as afors'd. who shall at any time hereafter (without sufficient cause to be allowed of by his Commanding Officer) fail or refuse on notice given to appear at such time or places as shall from time to time be appointed by the Governor or Commander in Chief for the time being for that purpose there to be mustered, Trained & Exercised in Arms or that shall not at such times and places be well provided with a good Gun well-fixed Sword & at least Six Charges of Powder & Ball shall forfeit & pay for his non-appearance the sum of Five Shillings & for want of any Due accoutrements two Shillings & Six pence to be levied by a warrt. from the Capt. of the Company directed to the Serjeant of the Company.

V. Provided allwayes that no Minister of the Church of England, no Practicing Physitian or Chirurgion nor any person bearing the Office of Lords Proprietors, Deputy, Secretary, Attorney, Members of General Assembly, Clerke, Marshall, Constable or Justice of the Peace (except they are Military Officers) or that hath borne the Office of Lords Proprietors, Deputy, Secretary, Attorney General, Provost Marshall, Justice of the Peace or Capt.

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