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Resolve to revive actions that were pending in the Inferiour Courts


Resolve to revive Actions that were pending in the Inferiour Courts; passed AUGUST 31, 1776.

Whereas, by reason of the difficulties raised by the wicked designs of the enemies of our liberties, an interruption took place in the administration of civil distributive justice throughout this Colony, and whereas by an act of the General Court removing all officers from their respective offices, many civil suits which had been commenced, and were actually entered on the docket or book of entry of the inferiour courts of common pleas in the several Counties within this Colony, have not been prosecuted to final judgment, and much injury will happen if an adequate remedy is not provided in that behalf:

It is Resolved, That all civil actions that were pending in any inferiour court of common pleas in any County within this Colony, by having the same entered on the docket or minute book of said County, and on which judgment has not been given, may be brought forward at the next term of the said court, in which the same was entered as aforesaid, and the same proceedings had thereon as though such causes had been regularly continued in the said inferiour courts respectively, from term to term, where the same were pending when such interruption took place. Provided, always, That nothing in this resolve shall be construed or intended to be meant to enable any person or persons to bring forward any civil action which was brought forward, had, or pending in the inferiour court of common pleas for and within the County of Suffolk, from and after the first day of September, Anno Domini 1774, until the 17th day of March, Anno Domini 1776. Provided, also, That no execution or writ of possession shall issue on any judgment given in any of the cases aforesaid, until fifteen days after such judgment; and that the justices of the said inferiour courts of common pleas shall continue the said causes and actions one term at least, and cause the absent party to be notified of the suits against them; and where any of the party shall be out of the County, and in the Continental or Colonial service, the said suits shall be continued until the party as aforesaid shall return, or be dismissed from the said service, any law, usage, or custom, to the contrary notwithstanding.