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Act of the North Carolina General Assembly concerning foreign debts and attorneys
North Carolina. General Assembly
1715
Volume 02, Pages 886-887

[Laws of North Carolina. MSS. Revisal. A. D. 1715.]
AN ACT CONCERNING ATTORNEYS FROM FOREIGN PARTS AND FOR GIVING PRIORITY TO COUNTRY DEBTS.

Forasmuch as the relieving and remydying such persons as shall be impleaded in vexatious actions, by vertue of foreign Procurements, and the preferring of paying Country Debts, before others, must necessarily, be of great use and benefit to the inhabitants here,

Be it therefore Enacted, by his Excellency the Palatine, & the Rest of the True & Absolute Lords Props of Carolina by & with the advice & consent of this present General Assembly now met at Little River for the No East part of the said Province &c

And it is hereby enacted, That no Attorney shall, by vertue of any power, out of his Majesty's Dominions of Great Britain, or from any other Place, be allowed or admitted, to implead, or prosecute, any action or actions, for debts contracted in foreign parts against any of the Inhabitants of this Country, until such Attorney has first entered into bond, in

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the Penal sum of twenty pounds, with good and sufficient securitys, payable to the chief Judge, or President of the Court, in which such suite or suites shall be commenced, and to his Heirs, Successors or Assigns, for the payment of all such costs, and damages, as the Court shall award; which said bond and security, the Clerk of that Court whereout the first Process issueth is hereby strictly required and commanded, before the issuing of such Process, to demand and take; and the same to produce, in Court, at the Tryal; Otherwise, and in case of his default, or neglect of taking the aforesaid Bond and security & Judgment be given for the defendant, then the said Court, without any leading Process, shall order judgement to be immediately entered, against the said Clerk, and execution taken thereupon, for all such Costs and damages, as the Court shall adjudge for the defendant.

And be it further enacted, by the authority aforesaid, That, if any foreign debts of what kind soever, shall be sued for, as aforesaid, or otherwise, in any Court of Record, in this Government, and judgment obtained thereupon, yet, neither the Plt: in such acc̄on nor his Attorney, nor any other person for him, shall have execution, granted out, on such judgment, until all actions, and suits, then depending in any of the Courts, against the said Defendant and Defendants, at the suit of any of the inhabitants of this Colony, shall be determined, paid and satisfied, or otherwise discharged, with such reasonable time or times as the Court, who shall have the last determination thereof, shall think fitt to order, and also till all other debts that shall, within six months after the said judgment granted, be legally made appear to be actually due, from the said defendant or Defendants, to any of the Inhabitants of this Colony at the time of such forreigner's commencing his suit, and shall be likewise discharged, payd and satisfied, according to the clause above said and in case of any longer neglect and delay, than the time to be prescribed by the Court as aforesaid; or the said six months, in any of the aforesaid Prem̄es, to be made, by the said Inhabitants, Plt. or Plts. Creditor or Creditors, Then, it shall & may be lawfull for the said foreigner, his Agent or Attorney, to take out execution, on the said judgment, and the same to be executed, accordingly; any clause, matter or thing in this, or any other Act or Acts, contained, to the contrary thereof, notwithstanding.

CHA. EDEN
N. CHEVIN
C. GALE
FRAN. FOSTER
T. KNIGHT
Edward Moseley,
Speaker.