Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-02-20

the luQGlneut anu name Ot 3tne @beCuFlky
endorsed thereon. And the clerk shah
docket III |; and be entided 10 the same
ices uponsnth appeals Is are allowed to
clerks Of district courts for similar servi-
ces. =, 1917 So .%--.+, j, :, ,s,.e;f
Any person who shah Be compelled tn
pay monssy % security under this act, or
his legal repre- sentatiyes, shall have the
same remedy against The principal, and
his representatives, BY motion, for the
amount paid with interest and costs, a.
other securities are entitled to. ~
I When the constable or other officer to
whom an execution shalt hereafter be di.
reeted BY q justice shall not be able to
End goods and chattels 70 satisfy it., he
shall make return thereofto the clerk of
his county or. corporation, who shah
docket die same. And the party shall
be entitled 70 such writ or wrfts Of exc.
cution Tor the amount due, as If the judg.
ment upon which such execution iss1.
ed Had been rendered In court. And the
same proceedings shah be bad upon exc
eusionsto be issued BY the clerks under
this Set, jand they shall have the same
fees fortheir services, as in the case of
exeeItions founded upon judgements
rendered 6y q court Of law.
Every Justice shall have power to Is.
sue e1eeutions and subpoeias for wit.
nessss 10 be directed to the constable or
other officer # any county within the
condnhonweal,h, where the party or wit
ness resides Ifany constable or other
officer shall fail 70 make return Of a1y
execution tobc directed under this act,
onoE before the retusnday-(whieh shall
in no case exceed 6odays from the datej
anyJustiCe, on 10 days notice, upon
moticn Of the party injured, may iine
such constable. or other officer, IN any
sum not exceeding $ per cent. month,
upon the amount ofsneh exerutiou, eoun-
ting from the return day. 'Sr ~
Whoever shall bring any action Of suit.
ifit shall appear, sitherby his owu shew-
ing, on the verdict Of 4 Jury, that . Jus.
tiee had eognizanee under this ACT, shall
be nonsuited. = &as n ~ j : J
Lawyers fees, upon ,sppeals under
this act, shall be the same a. heretofore
allowed upon petitions and summonsSs,
70 be, taxed in the bill Of costs. ~
Ifany constable or other officer shah
hereafter receive any money or tobacco
upon any execution hereafter 70 be. di-
rsetsd BY anvjustice, and shall not pay
the same 10 the party, entitled, on the re.
turn of such execution, the party iniur.
edor his legal Representatives shall have
the same remedy, by motion. tor the
sum received with interest and costs.
against such constable or other ciheer
and his security or secTri,ies, his, her
or their executors and administrators. To
which he would have been entitled against
. sheriff for money received on an exc.
etition issued upon a iudgmena OF 4
court Of law. And the court Of the coun.
y OF corporition IN which the bond Of
such constable or other officer is. or shalt
Be Deposited, shall have power 10 hear
such motion, and to render iud1mene
thereon. a - p s.! -,
Every court reversing the Judgment
Of justice, shall pronounce such email
pQGment, Is, 10 thetr opinion, such Jus.
tiee ought t. have rendered, .,.s.'f77
An acts contrary hereto; and. partieus
lArly % much As rslates to petitions for
small debts &c are repealed. But al
petitions undetermined before the com.
nencement ofthis act, shall, Be process:
ded On, as IL this ACT had NOT been made.
{ Focofhmence the ist dayof tune next. ]
=. An oet declaring he aisss n cases II
..UP9a the trial II sni s1it. in . court,
Tor any debt due BY Judgment, bond.
bill or otherwise, the defendant shan
have liberty. 70 makeaIl tho discount he
can against such debt, and upon proof
thereof, the. same shall be allowed in
court. To commence the ist Of May
next
s.. An act TO anend tie aef fsr reducing
!, iafH o,,e fke sruSr1fr1efS ,-hresee a.. :.