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The Colonial Records Project
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Acts |
Last Updated 12/31/00 |
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AN ADDITIONAL ACT to the Act for the Tryall of Small and mean Causes Whereas on and by the Said Act it is provided that One Justice shall have power to Try and finally determine all Causes under Twenty shillings Or Two Justices Quorum Unus shall try all Causes to forty shillings and under, and Such easy and speedy Remedy in Small Causes hath been found very beneficial to the Inhabitants of this Government Be it Therefore Enacted by his Excellency the Palatine etc. And It is hereby Enacted by the Authority of the Same, that the Justices power in Such Cases shall be further Extended, and that it shall be Lawfull for any One Justice of the peace to try and finally Determine all Causes under forty shillings in the Same manner, as by the said Act he might try and Determine Twenty shillings and under, and That any two Justices Quorum unus may try and Determine all Causes of five pounds and under, in the Same manner, as they might by the Said Act try and Determine forty shillings and under. And be it further Enacted by the Authority aforesayd, that it shall be Lawfull for the Constable in all Causes before a Single Justice to Demand Two shillings and Six pence for Serving the Warrant and five shillings if before two Justices, and the Justice for his or their Clerk the Sume of five shillings for their Warrant, if before two Justices and two shillings and Six pence if before One, and the Like manner for Every Execution and twelve pence for Every Subpoena any Law or Custom to the Contrary Notwithstanding. And be it further Enacted by the Authority aforesayd that the whole Charge in Recovering any Debt or Demand as aforesaid shall not Exceed twenty five shillings, And that the whole Charge in Recovering forty shillings and under shall not Exceed twelve shillings and Six pence and if it shall so happen that in any Cause to be tryed as aforesaid that by Evidence or by any other ways or means whatsoever the fees in Either of the aforesayd Causes shall Arise to a greater Summe than as hereby Directed to be Taken that then and in Such Case all the partys Claiming the said fees shall make a Reasonable Discount of such a proportionable part of their Said fees so as the whole shall not Exceed the Summe before mentioned and if any person or persons shall presume to take greater or any other fees than are now mentioned, Such person or persons shall be Liable to the Same fines and forfeitures as all other publick officers in this Government are Liable to, Provided always that this Act shall not Continue for no longer than Two Years and from thence to the breaking up of the next General Biennial Assembly. And the Chief Justice for the time being or any Two Justices whereof One to be of the Quorum may here try and determine all Causes arising within the precincts where they shall reside to the Summe of five pounds and under in the Same manner as they might by the said Act try and Determine forty shillings and under Saving the Right of Appeal to Either party Injured, which appeal shall be remitted by the Said Justices to the Next precinct Court, together with their proceedings, who are Required to Determine the Appeal the first Court, unless some Extraordinary Cause be made apparent for a Continuance Provided no appeal be granted in any Summ under forty shillings. NYHS, p. [324]; CO 5/293, fs. 146b-147. |
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