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ACT V. An act for ascertaining damages upon Edi. 1733 and
1752. Appeales. WHEREAS the acts already made giveing damages upon appeales doe admitt of divers constructions, for " ascertaining of which and for remedy whereof for the future,
Bee it enacted by the Governour, Cour.cell and Burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the 26th act of assembly in the printed book entituled appeales how to be made, and the third act of assembly made att James Citty the 17th September 1668, entituled an act concerning damages in Appeals and every clause and article in the said acts contained be from henceforth Certain acts repealed and made void, to all intents constructions and repealed, see
vol. 2. pa, 65 purposes as if the said act had never been made, any 266. thing in the said act to the contrary notwithstanding.
And be it further enacted by the authority aforesaid, and it is hereby enacted, That in all appeales to the generall court from the judgement of any county court or courts where the appellant shall be cast in such appeale. 15 per cent and ihe county courts judgment by the generall court appeals from shall be affirmed, the appellant soe cast for his vexati- county courts ous appeall and suit, shall pay to the appellee fifteen per lo genel.
court, on cent damages upon the principall debt, damages and principal costs of the county court, which shall be taxed in the debt, damabill of costs and levyed by execution in the principall ges & costs. debt, damages and costs of suite.
And be it further enacted by the authority aforesaid, and it is hereby enacted, That the county courts in their respective counties shall not admitt of any appealle 10 No appeal the generall court, without the party appealing doe en - to be allow.
hed, without ter into bond with good and sufficient security to the fond and appeilee to appear and prosecute his said appeale at the security giv. said gennerall court and to stand and abide the award en by the apand judgment of the said court and pay the said dama. Per ges of fifteen per cent upon the principall debt, damages and cost, if cast in the appeale.
And be it further enacted by the authority aforesaid, and it is hereby enacted, That no person or persons shall commence any action or suit against any person
Jurisdiction or persons whatsoever to the generall court for any sumo
out of general or sums for debt or damages under the value of two court.
thousand pounds of tobacco or ten pounds current money upon the penalty of paying the non-suit and such damages as are imposed by the 7th act of assembly made att James Citty the 3d of October 1670 entituled an act concerning litigious suits.
siliconand mall .
ACT VI. Edit. 1733, & An art for imposeing penalties upon the 1752.
non appearance of Evidences. Preamble. WHEREAS many causes of great consequence de
pending in courts or judicature between parties and parties are utterly lost for want of appearance of evidences,
and the king's process of subpæna contemned, Former act Bre it enacted by the governour, councell and burgesses
5 of this present generall 1ssembly, and the authority thereSee vol. 2. pa. 69.
of, and it is hereby enacted, That the clause of the 30th act of assembly in the printed book entituled penalties for non-appearance of evidences, relateing to the penalties for the non-appearance of evidences, be from henceforth repealed made null and void, as if the said clause had never been made.
And be it further enacted by the authority aforesaid, and it is hereby enacted and declared, 'That if any witt. ness or witnesses being lawfully summoned by writ of subpæna to any gennerall court doe not make his or their personall appearance att the genneral court att
the time in the writ mentioned to give his or their eviFine to the dence, and likewise give his or their attendance as the king, and da- said court shall think fitt in the trvall of the said cause party, for or causes, he or they soe offending shall be fined and non-appear- amerced to our sovereigo lord the king, the sume of ance of wit. one thousand pounds of tobacco for the contempt of nesses;
such process (unless the said offender shall appear att at the gene. the next gennerall court and shew good cause for his ral court. said non appearance) and shall be liable to pay all such
demages as by the common law is given to the party at the county injured for want of such evidence. Aud if any wittness
or wittnesses lawfully sumoned by subpæna to any county court or courts doe not make his or their persopall appearance att the time to which they were summoned to give his or their evidence, and likewise to
give his or their attendance, as the said court or courts shall think fitt in the trvall of the said cause or causes, he or they soe offending shall be fived and amerced 10 our sovereign lord the king the sume of three hundred and fifty pounds of tobacco, for the contempt of such process (unless he shall appear att the next county court or courts and shew good cause for his non-appearance) and shall be liable to pay all such damages as by the comon law is given to the party injured, for the want of such evidence.
And be it further enacted by the authority aforesaid, Penalty on and it is hereby enarted, That if any witness or witness- witne es lawfully sumoned by subpæna to give in his or their subpoena to
:. sumoned by evidence upon any dedimus potestatem do rot appear give their deatt the time and place in the subpena mentioned, he positions,
failing to at or they so offending, if the cause for which the said de- tend. dimus potestatum is issued be depending in the gennerall coart, shall be fined and anierced to our sovereign lord the king the sume of one thousand pounds of tobacco for the contempt of such process (unless he shall appear att the next generall court and shew good cause for bis said non appearance) and if in the county court, the sume of three hundred and fifty pounds of tobacco for the contempt of such process (unless th esaid offender sball appear att the next county court, and shew good cause for his said non-appearance) and shall be liable to pay all such damages, as by the comon law is given to the party injured for want of such evidence.
ACT VII. An act declareing how long judgements Fdi. 1753 and
and specialties shall be pleadable.
WHEREAS the law now in force for the limitation Preamblę. of actions and suits upon bills and bonds doth admitt of many doubts and ambiguities in the construction thereof, for the better explanation whereof for the future,
Be it enacted by the Governour, Councill and Burgess. See vol. es of this present Generall Assembly, and the authority Pa. 10 thereof, and it is hereby enacted, That the eighty first act of assembly in the printed book, intituled, judgements and specialties how_long pleadable and every
and and beilact had intention
clause and article thereof be from henceforth repealed and made void to all intents constructions and purposes
as if the said act had never been made. Limitation in And be it therefore enacted by the authority aforesaid, the recovery, on bills an'and it is hereby enacted, That noe bills or bonds shall boncs,-five be of force or recoverable by any action or actions years. above, the space of five years after the date of the said
bills or bonds, if noe time of payment be therein expressed, but if any time or times of payment be therein expressed then the said bills or bonds shall be in force five years after the last time of payment in the said bills or bonds expressed and mentioned, and noe lon
ger. on judg And be it furt er enacted by the authority aforesaid,
seven and it is hereby enacted, That noe judgement or judgeyears.
ments obtained in any court shall be of force any further or longer time then seaven years after the date of the said judgment or aiter that the same has been renewed by writ of sciere facias. Provided alwaies, and
it is the true intent and meaning of this act, that this on bonds, for act nor any thing therein contained, shall bee deemed performance or taken to extend to the limitting or annulling any of covenants. bonds or obligations for the performance of covenants,
but that the said bonds and obligations shall be in force, and recoverable, five years after the breach of the covenants in the conditions of the said bonds or obligati
ons contained, any thing in this act to the contrary not. Proviso, withstanding. Provided likewise, That if the debt
the or or obligor doe privately depart this countri' or debtor renoves, from the county where he resided and dwell or contracted the county. such debi or debts and have not a sufficient estate in
the county where he so resided or contracted such debt or Jebts, or where such judgment or judgments were obtained against him, to satisfie the same, the said bill bond or judgment shall remaine and be in force and recoverable notwithstanding the said five yeares or seaven yeares be expired and past, any thing in this act to the contrary notwithstanding.
ACT VIII. Edi. 1933 and An act for ascertaining the place where the
court of York county shall bee kept. Preamble. FORASMUCH as upon the complaint of divers in
habitants of York county it hath been made appear to this assembly, that the place where the court for the said county hath usually been held and kept is verry inconvenient and remote to a great part of the inhabitants of the said county and may bee appointed elsewhere to the greater ease and advantage of the people in gennerall,
Bee it therefore enacted by the governour, councell and Court of York burgesses of this present generall assembly, and the air. county, to be
held at York thority thereof, and it is hereby enacted, That from and town. after the last day of October which shall be in the year of our Lord 1697, the court for York county be constantly held and kept by the justices upon those dayes and in such manner as the lawes of this countrey and the governours comission shall from time to time provide and direct, within the limitts and bounds of a certain parcell or tract of land, which by vertue of the eighth act of assembly made att James Citty the 16th day of April 1691, entituled an act for ports &c. was designed and laid out for and is now comonly called York Towne, and att noe other place or places whatsoever, any law, usage or custome to the contrary notwithstanding, and to the end due provision may be made for keeping the said court according to this act,
Bee it enacted by the authority aforesaid, and it is Court house hereby enacted, That the justices or members of the said to be bu court take care that an house suitable and fitt to hold courts in and as bigg in dimension att least as the present court house now is, be errected built and finished att the charge of the county upon some certain place within the said limitts of York Towne between the end of this scs. sion of assembly and the said last day of October 1697, upon pain that each respective justice or member of the said court for his default shall forfeit the sume of fifty pounds sterling, one moyety thereof to our sovereign lord the king, his heirs and successors for and towards the better support of the government and the contingent charges thereof, and the other moyety to the informer to be recovered by action of debt, byll, plaint or information in any court of judicature witbin this collony.