Directions to Magistrates relative to issuing summonses and warrants, for the recovery of debts

v2:1552

Resolved, That in every case where a summons shall be applied for, the Magistrate to whom such application shall be made, do in the first place, and before the issuing of such summons, give notice thereof, either by personal information, message, or letter, to the party defendant, and also use his best endeavour to compromise and settle the matter, and, unless the defendant has discovered circumstances of fraud or delay, and is ready and willing to give security for the debt, and shall actually offer to do so, payable in a reasonable time, no such summons ought to be issued. And in case a warrant in a civil case shall be applied for, the same ought not to be granted, unless there appears to the satisfaction of the Magistrate, that there are good and sufficient grounds, besides the plaintiff' s oath, to apprehend the defendant means to abscond; but the same method ought to be observed as is recommended respecting summonses.