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Provincial Archives of New Brunswick

Fort Havoc (Wallace Hale)

Info The language of the text is the original used by Wallace Hale. Records acquired by the Provincial Archives are not translated from the language in which they originate.

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CAP. IX.

An ACT for limiting the value of Actions to be brought in the Inferior Court of Common Pleas in this Province, and for restraining the removal of Actions.

Preamble.

 
WHEREAS it is necessary that the administration of Justice should not be delayed or rendered expensive by the contentious spirit of the parties, and that in all causes of small value it is reasonable, just and proper, the costs of suit should in some measure be proportioned to the sum in contest.

No action to be commenced except in the Clerks Courts or the City Court of Saint John, where the sum, &c. does not exceed 40s.

 

Nor in any Court but the Common Pleas, where the sum does not exceed £10.

 
  I.   Be it Enacted by the Governor, Council, and Assembly, That no person whatsoever, by him or herself, or by his Counsel or Attorney, shall commence any suit or action by bill, plaint, or in any other manner whatsoever, upon Bond, Obligation, or Penal Bill, or on any other matter or thing whatsoever, or shall pursue or prosecute any such bill, plaint, action or suit, where the sum or thing in demand, suit or controversy, does not exceed the sum of forty shillings in any Court of Law within this Province, except the Clerk's Court of the respective Counties, or the City Court of the City of Saint John:   Nor when the sum or thing in demand does not exceed ten pounds, in any Courts of Law within the province except the Inferior Courts of Common Pleas for the respective Counties, or the Mayor's Court of the City of Saint John.

Suits, &c. so commenced, not to be removed.

 
  II.   And when any suit or action within the limits aforesaid is or shall be commenced, heard or determined in such Court as is by this Act permitted and allowed, it shall not be lawful for any person or persons whatsoever, by him, her, or themselves, or by his, her, or their Counsel or Attorney, or by any ways or means whatsoever, to remove such suit or action so commenced, from the said respective Courts, any Law, usage or privilege, to the contrary notwithstanding.

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26 Geo. III. C. 9.


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