| Volume 194, Page 944 View pdf image (33K) |
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944 12 GEO. 1, CAP. 29, SPECIAL BAIL. ceed by the Way of Process against the Person) he, she, or they shall not arrest, or cause to be arrested, the Body of the Defendant or Defendants, but shall serve him, her, or them personally, within the Jurisdiction of the Court, with a Copy of 699 the Process;* and if such Defendant or Defendants shall not appear at the Return of the Process, or within Four Days after such Return, in such Case it shall and may be lawful to and for the Plaintiff or Plaintiffs, upon Affidavit being made, and filed in the proper Court, of the Personal Service of such Process, as aforesaid (which said Affidavit shall be filed gratis) to enter a Common Appearance, or file Common Bail for the Defendant or Defendants, and to proceed thereon, as if such Defendant or Defendants had entred his, her, or their Appear- ance, or filed Common Bail; any Law or Usage to the contrary notwithstanding. II. And be it further enacted by the Authority aforesaid, That from and after the said Twenty-fourth Day of June, One thousand seven hundred and twenty-six, in all Cases, where the Plaintiff or Plaintiffs Cause of Action shall amount to the Sum of Ten Pounds, or Forty Shillings, or upwards, as afore- said, Affidavit shall be made and filed of such Cause of Action (which Affidavit may be made before any Judge or Commis- sioner of the Court, out of which such Process shall issue, authorized to take Affidavits in such Courts, or else before the Officer who shall issue such Process, or his Deputy) which Oath such Officer, or his Deputy, are hereby impowered to administer; and for such Affidavit One Shilling, over and above the Stamp-Duties shall be paid, and no more; and the Sum or Sums specified in such Affidavit shall be indorsed on the Back of such Writ or Process, for which Sum or Sums so indorsed, the Sheriff, or other Officer to whom such Writ or Process shall be directed, shall take bail, and for no more: But if after the said Twenty-fourth Day of June, One thousand seven hundred and twenty-six, any Writ or Process shall issue for the Sum of Ten Pounds or upwards, and no Affidavit and Indorsement shall be made, as aforesaid, the Plaintiff or Plain- tiffs shall not proceed to arrest the Body of the Defendant or Defendants, but shall proceed in like Manner, as is by this Act directed in Cases where the Cause of Action does not amount to the Sum of Ten Pounds, or Forty Shillings, or upwards, as aforesaid. |
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| Volume 194, Page 944 View pdf image (33K) |
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