That upon every non suit five shillings shall be paid, 5s. & Costs. besides costs of suit.

That every defendant or tenant shall file his plea in writing, and if he fails so to do, judgment shall be given against him for want of a plea; but no plea in abatement, or of non est factum, shall be received or admitted in any cause depending in any county court, unless the party offering the same shall by affidavit, prove the truth thereof, and the plaintiff in replevin, or the defendant in any other action, may plead as many several matters as he shall think necessary for his defence, so as they be not admitted to plead and demur to the whole.

That in every cause unless brought by petition, if the plaintiff recovers, or is non-suit or where his suit shall be dismissed, or judgment passed for the defendant, the court shall allow in the bill of costs, fifteen Lawyer'sfeé: shillings; or one hundred and fifty pounds of tobacco,

for an attorney's fee, if the party employed one, except Exception against executors or administrators, or where the plaintiff may not recover more costs than damages.

That in all cases where a fine is laid upon the mem- Suits against bers of any vestry, one action may be brought against vestries. them all jointly.

That the clerk of the court do carefully preserve the Rules of declarations, pleas, evidences, and all other papers re- court. la ing to any cause in court, and that they be all filed together in the office.

That in all cases where the title or bounds of any estate in land is determined, the pleadings shall be all in writing, and shall be entered at large, with the judgment thereupon, in particular books kept for that purpose only.

And that for preventing errors in entering the judgments of the court, the justices, before every adjournment, shall cause the minutes of their proceedings to be publickly read, by the clerk, and corrected where necessary, and then the same shall be signed by the first justice in commission then sitting, which minutes so signed shall be taken in a book, and carefully preserved among the records, and no proceedings or judg ments of any court shall be of force, or valid, until the same be so read and signed.

P 3 Vol. 5.

want of form.

Suits shall XX. And for prevention of delay and vexation, by not abate for dilatory pleas, It is hereby further enacted, That in all personal actions, where the declaration shall plainly set forth sufficient matter of substance for the court to proceed upon the merits of the cause, the suit shall not abate for want of form: And that where a plea Costs upon in abatement shall be pleaded, in any action, and upon plea inabateargument the same shall be adjudged insufficient, the plaintiff or plaintiffs in such action shall recover against the defendant or defendants full costs. to the time of over-ruling such plea, iucluding the costs of that court, a lawyer's fee only excepted.

ment overruled.

Method of

XXI. And be it further enacted. by the authority arecovering foresaid, That for the more speedy recovery of small debts of 25s. debts, it shall be lawful for the justices of any counto 51. by pe- ty court to hear and determine all suits brought for

tition.

any debt or demand, due by judgment, obligation, or account, for any sum or sums of money, or tobacco, of the value of twenty five shillings current money, or two hundred pounds of tobacco, and not exceeding five pounds of like money, or one thousand pounds of tobacco, by petition, without the solemnity of a jury; and the said justices are hereby authorised and required, and shall have full power and authority so to do, and to award execution thereupon: And where the demand shall not exceed the said last mentioned sums, the plaintiff shall proceed by petition, in the manner by Plaintiff pro- this act directed, and not otherwise: And if any plainceeding o- tiff shall demand a greater sum, on purpose to evade therwise, this act, he shall be non-suit, and pay costs: And that the said method of proceeding shall be in a summary way, to wit,

shall be non

suit.

Rules insuits brought by

petition.

The petition shall express, whether the debt arises by judgment, obligation, or other specialty, or by account, and if by account, the same shall be filed to gether with the petition.

Upon filing any such petition in the clerk's office, a summons of course shall be issued, under the hand of the clerk, returnable to the next court, a copy of which, together with a copy of the petition, and of the account, where the demand is upon an account, shall be delivered to the defendant or left at his or her usual place of abode, ten days at least before the next succeeding court, and the same being returned executed,

shall not ad

by a sworn officer, or oath made of the due service thereof, if the defendant do not then appear, it shall be lawful for the said justices to hear and examine into the truth of the matter complained of, and to determine the cause upon the evidence produced, or to dismiss the petition, as to them shall seem just; and if the defendant do appear upon such summons, he shall forthwith put in such answer, or plea, thereto, as will bring the matter of complaint in issue, and thereupon, or if he fails to plead, the court shall instantly proceed to hear and determine the cause in a summary way, upon such evidence as shall be given, and shall give judgment according as the very right of the cause and matter in law shall appear unto them, without regard to form, or want of form, in the process, petition, or course of proceeding, so as sufficient matter be set forth, whereupon the court may give judgment according to the very right of the cause; in which proceedings the defendant shall have benefit of all matters in his defence that he might have had if he had been sued in the ordinary forms of law: And the court shall, The court not admit of any delay, in the determination of any suit mit of delay. brought by petition, 'till another court, unless good cause Bonds for be made appear for such delay: But where the penal- more than 51. ty of any bond or obligation for debt shall exceed five penalty shall be prosecutpounds current money, or one thousand pounds of to- ed by action bacco, and shall be put in suit, the same shall be brought at common and prosecuted by action at the common law, and not iaw. Summons issued by petition altho' part of the principal be paid before within 10 suit brought: And when any such petition shall be days before filed within less than ten days before the court day the next next following the filing thereof, the summons there- court day, upon shall be made returnable to the next court held turnable to after the expiration of ten days: And the same being the court return'd executed, or oath made of the due service next after. thereof, as aforesaid, the proceedings thereupon at the return day, shall be in like manner as before directed: And that upon every judgment given upon any such petition, if the defendant resides in another County than where the debt was contracted, or if the Lawyer'sfee. creditor, or plaintiff, shall be unable to attend the court in person, or where the defendant is sued out of his County and recovers costs against the plaintiff, in any such case, if a lawyer shall be employed, the clerk shall tax, in the bill of costs, seven shillings and six pence,

shall be re

Detinue, and

51.value,shall

for a lawyer's fee, and no more, except against execu tors or administrators.

XXII. And for preventing expence and delay in protrover, under secuting actions of detinue, or trover, for any thing unbe brought der the value of five pounds, Be it further enacted by the by petition. authority foresaid, That where any person intituled to an action of detinue, or trover shall set forth the val ue of the thing demanded to be under that sum, in a petition to any county court, a summons shall issue, and the court shall hear and determine the same in the method by this act directed for the recovery of small debts; and if in any such action the plaintiff shall declare for any thing of less value than five pounds, exclusive of damages, he shall be non-suit.

bacoo.,

Rules in pe- XXIII. And for the easier, speedier, and better adnal suits not vancement of justice, in obtaining judgments in any exceeding 51 suit or action brought upon any of the penal laws of or 10001. tothis colony, where the penalty sued for shall not exceed five pounds current money, or one thousand pounds of tobacco, Be it further enacted by the authority aforesaid, That where any demurrer shall be joined and entered in any such suit or action, in any court of record of this dominion, the judges shall proceed and give judgment according to the very right of the cause, and as the matter in law shall appear unto them, without regarding any imperfection, omission, or defect in any writ, return, plaint, declaration, information, or other pleading, process, or course of proceeding whatsoever, except those only which the party demurring shall specially and particularly set down and express, together with his demurrer, as causes of the same, notwithstanding such imperfection, omission, or defect might have heretofore been taken to be matter of substance, so as sufficient matter appear in the said pleadings, upon which the court may give judgment according to the very right of the cause: And that if any verdict shall be given in any such action, or suit in any court of record of this dominion, the judgment thereupon shall not be stayed, or reversed, for or by reason of any default in form, or want of form, in any writ original or judicial, or by reason of any imperfect or insufficient return of any sheriff, or other officer, nor for any insufficient pleading, or mis-joining the issue, nor for any matter of the like nature; nor shall any judgment given on any verdict in such suit, or action be reversed for

any the defects or causes aforesaid, any law, statute, or usage to the contrary notwithstanding.

XXIV. And be it further enacted, by the authority Suits shall aforesaid, That no process depending in any county not be dis continued by court, shall be discontinued for or by reason of the jus the jusuces tices failing to hold court, upon the day by law ap- failing to pointed; but in such case, all suits, process, matters, hold court. and things depending, shall stand continued, and all returns and appearances shall be made, to the next succeeding court in course, in the same manner as if such succeeding court had been the same court to which such process stood continued, or such returns or appearances should have been made: And all recognizances, bonds, and obligations, for appearance, and all returns, shall be of the same force and validity, for the appearance of any person or persons at such succeeding court, and all summonses for witnesses as effectual, as if the next succeeding court had been expressly mentioned therein: And all causes depending upon the docket, and undetermined at any adjournment to the court in course, shall stand continued in the same order to such court, without any fee to the clerk for the continuance of such as shall not then be called

over.

XXV. And be it further enacted, by the authority aforesaid, That in all suits in the county courts in chancery, the following rules and methods shall be put in practice and observed, to wit,

The complainant shall file his bill on the return day Rules in of the subpoena or upon the first appearance of the de- chancery. fendant.

That upon the complainant's dismissing his bill, or the defendant's dismissing the same for want of prosecution, the defendant shall recover his costs.

The complainant may amend his bill before the defendant appears, or in a small matter afterwards, without paying costs, but if he amend, after appearance, and in a material point, whereby the defendant shall be put to any extraordinary costs, such costs shall be paid before the complainant shall be at liberty to amend his bill.

If any defendant shall not appear upon attachment returned executed, or being brought into court upon any such process, shail obstinately refuse to answer the