Duke's Laws - ACTIONS
ACTIONS.
That all actions of Debts Accompts Slanders and Actions of the Case concerning Debts and Accompts shall be tryed within that Jurisdiction where the Cause of action Doth arise.
All actions of Debt or Trespasse under ye value of five pounds between Neighbours shall be put to Arbitration of two indifferent persons of the Neighbourhood to be nominated by the Constable of the place; And if either or both parties shall refuse (upon any pretence,) their Arbitration: Then the next Justice of the peace upon notice thereof by the Constable, shall choose three other indifferent persons; who are to meet at the Dissenters charge from the first Arbitration and both plaintiffe and Defendant are to bee concluded by the award of the persons so chosen, by the Justice.
In all differences under five pounds not triable in Courts the Constable is to have one shilling for naming Arbitrators to whom the Difference shall be refered, they shall have two shillings six pence each.
If it comes to the Justice, he shall have seaven shillings and Six pence, the Arbitrators (he appoints) five Shillings each, and the Constable, for his trouble, two Shillings Sixpence, This to be paid by the party is Cast.
If any Person shall pretend his Debt or trespasse to be above five pounds, and on the hearing it shall appear to the Court to come under that vallew, in such cases the Plaintiffe shall loose his action and pay the Defendant Cost.
All action or cases from the Value of five pounds to Twenty pounds, shall be tryed att the Sessions within that Jurisdiction from whence there is to be no appeal unless the debt appears to be above that summe of twenty pounds, or where there is a dubiousnesse in the expression of the law, Which doubt made by one, if it tend to the Causeless vexation of ye other Party; the other Person so offending shall pay all the charges.
Actions of Assault or Battery Breach of the peace or the like, are to be tryed at the sessions within the Jurisdiction where the offence is Committed, for which the Justices of the peace may take Baile or Commit to Prison such offenders to the next Sessions:
Any Person renewing his Suit or Petition or Revew Causeless The plaintiffe shall pay the whole charges of the Court and be Lyable to a fine; But if the Defendant be in the fault, the Just Charges shall be imposed on him.
Any Person falsely pretending great damages & Debts to vex his Adversary; shall pay trible Damage.
The Plaintiffe may have liberty to withdraw his Action and be non Suited (if he see cause) before the Jury give in their Verdict, but hee shall pay full cost and Charges to the Defendant.
All Actions of the Plaintiffe; with his declaration, shall be entered and filed in the Clarkes office eight
Days before the Day of hearing, to the end that the Defendant may (if he please) take a Copy thereof and provide his Answer, Which is also to be filed by the said Defendant; And the Judgment if for the plaintiffe shall be Endorsed on the Declaration; If for the Defendant on the Answer, and all Evidences concerning that Cause, are to be filed together, and remaine in the hands of the Clarke.
Where an Action hath been once entred for prosses in Court Although the Difference shall be composed between both parties before they come to a Tryall; yet the plaintiffe shall enter such Agreement in the hands of the Clarke of the Court, And so shall have Liberty to take his Action off the file, paying only for the Entry of the Agreement as for [The words " the Entry of the Agreement as for," are not in the Roslyn copy.] the Entry of the Action; upon forfeiture of ten Shillings for each Session which this first entry of the Action remaineth upon the file.
That all actions of Debts Accompts Slanders and Actions of the Case concerning Debts and Accompts shall be tryed within that Jurisdiction where the Cause of action Doth arise.
All actions of Debt or Trespasse under ye value of five pounds between Neighbours shall be put to Arbitration of two indifferent persons of the Neighbourhood to be nominated by the Constable of the place; And if either or both parties shall refuse (upon any pretence,) their Arbitration: Then the next Justice of the peace upon notice thereof by the Constable, shall choose three other indifferent persons; who are to meet at the Dissenters charge from the first Arbitration and both plaintiffe and Defendant are to bee concluded by the award of the persons so chosen, by the Justice.
In all differences under five pounds not triable in Courts the Constable is to have one shilling for naming Arbitrators to whom the Difference shall be refered, they shall have two shillings six pence each.
If it comes to the Justice, he shall have seaven shillings and Six pence, the Arbitrators (he appoints) five Shillings each, and the Constable, for his trouble, two Shillings Sixpence, This to be paid by the party is Cast.
If any Person shall pretend his Debt or trespasse to be above five pounds, and on the hearing it shall appear to the Court to come under that vallew, in such cases the Plaintiffe shall loose his action and pay the Defendant Cost.
All action or cases from the Value of five pounds to Twenty pounds, shall be tryed att the Sessions within that Jurisdiction from whence there is to be no appeal unless the debt appears to be above that summe of twenty pounds, or where there is a dubiousnesse in the expression of the law, Which doubt made by one, if it tend to the Causeless vexation of ye other Party; the other Person so offending shall pay all the charges.
Actions of Assault or Battery Breach of the peace or the like, are to be tryed at the sessions within the Jurisdiction where the offence is Committed, for which the Justices of the peace may take Baile or Commit to Prison such offenders to the next Sessions:
Any Person renewing his Suit or Petition or Revew Causeless The plaintiffe shall pay the whole charges of the Court and be Lyable to a fine; But if the Defendant be in the fault, the Just Charges shall be imposed on him.
Any Person falsely pretending great damages & Debts to vex his Adversary; shall pay trible Damage.
The Plaintiffe may have liberty to withdraw his Action and be non Suited (if he see cause) before the Jury give in their Verdict, but hee shall pay full cost and Charges to the Defendant.
All Actions of the Plaintiffe; with his declaration, shall be entered and filed in the Clarkes office eight
Days before the Day of hearing, to the end that the Defendant may (if he please) take a Copy thereof and provide his Answer, Which is also to be filed by the said Defendant; And the Judgment if for the plaintiffe shall be Endorsed on the Declaration; If for the Defendant on the Answer, and all Evidences concerning that Cause, are to be filed together, and remaine in the hands of the Clarke.
Where an Action hath been once entred for prosses in Court Although the Difference shall be composed between both parties before they come to a Tryall; yet the plaintiffe shall enter such Agreement in the hands of the Clarke of the Court, And so shall have Liberty to take his Action off the file, paying only for the Entry of the Agreement as for [The words " the Entry of the Agreement as for," are not in the Roslyn copy.] the Entry of the Action; upon forfeiture of ten Shillings for each Session which this first entry of the Action remaineth upon the file.
