at the day and place, according to the condition or defeazance, and had been fo pleaded.

ing an action, on any

the defendant brings

coits, into court, it

VI. did be it further enacted by the authority aforefaid, If at any time pend- That if at any time pending an action upon any fuch bond bond with a penalty, With a penalty, the defendant fhall bring into the court the money due, with where the action fhall be depending, all the principal modall be taken in dif. ney and intereft due on fuch bond, and alfo all fuch cofts as charge of fach bond. have been expended in any fuit or fuits in law or equity, upon fuch bond, the faid money fo brought in, fhall be deemed and taken to be in full fatisfaction and discharge of the faid bond, and the court fhall and may give judgment to discharge every fuch defendant of and from the fame accordingly.

VII. And be it further enacted by the authority aforefa'd, That in all actions now depending, or hereafter to be commenced or profecuted in any court of record, upon any bond or bonds, or for any penal fun, for non-per formance of any covenants or agreements in any indenture, deed or writ ing contained, or upon any bond or bonds, with any condition, other than for payment of money, the plaintiff or plaintiffs may affign as many breaches as he or they may think fit, and the jury upon trial of fuch action or actions, fhall and may affefs, not only fuch damages and cofts of fuit as have heretofore been ufually done in fuch cafes, but alfo damages for fuch of the faid breaches fo affigned, as the plaintiff or plaintiffs, upon the trial of the iffues, shall prove to have been broken; and that the like judgment fhall be entered on fuch verdict, as heretofore hath been ufually done in fuch like actions And if the judgment fhall be given for the plaintiff or plaintiffs, on a demurrer, or by confeffion, or nihil dicit, the plaintiff or plaintiffs may fuggeft upon the roll or record, as many breaches of the covenants, conditions or agree, ments, as he or they shall think fit, upon which fhall iffue a writ to the Theriff of the county where the action is or fhall be brought or faid, to fummon a jury to appear in the court where the action is of fhall be brought, if fuch court fhall fit in the fame county where the action is or fhall be brought or in cafe the court in which the action is or fhall be brought, fhall not fit in the county where the action is laid, then before the juftices or juftice of the fupreme court, at the next circuit court to be held in the county where the action is laid, to enquire of the truth of every one of those breaches, and to affefs the damages that the plaintiff or plaintiffs fhall have fuftained thereby in which writ, if to be executed before the juflices of the fupreme court, or any of them, at the circuit court, it fhall be commanded to the faid juftices or juftice who fhall hold fuch circuit court, that he or they make a return there, of to the court from whence the fame writ fhall iffue, at the time in fuch writ mentioned. And in cafe the defendant or defendants, after fuch judg ment entered, and before any execution executed, fhall pay into the court where the action is or fhall be brought, to the use of the plaintiff or plaintiffs, or his or their executors or adininiftrators, fuch damages fo to be affeffed by reafon of all or any of the breaches of fuch covenants, conditions or agreements, together with cofts of fuit, a ftay of execution of the faid judgment, fhall be entered upon record; or if by reafon of any execution executed, the plaintiff or plaintiffs, or his or their executors or adminiftrators, fhall be fully paid or fatisfied all fuch damages fo affeffed, together with his or their cofts of fuit, and all reafonable charges and expences for executing the faiɖ execution, the body, lands and goods of the defendant, fhall be thereupon forthwith difcharged from the faid execution, which fhall likewife be entered

Vol. II.

upon record; but notwithstanding, in each cafe fuch judgment shall remain, continue and be as a further fecurity to answer to the plaintiff or plaintiffs, and his or their executors or adminiftrators, fuch damages as fhall or may be fuftained for further breach of any covenant or covenants, condition or conditions, agreement or agreements in the fame bond, indenture, deed or writing contained, upon which the plaintiff or plaintiffs, or his or their executors or adminiftrators, may have a fcire facias upon the faid judgment, against the defendant or defendants, or against his, her or their heirs, devifees or terre-tenants, or executors or adminiftrators, fuggefting other breaches of the faid covenants, conditions or agreements, and to fummon him or them refpectively, to fhew caufe why execution fhall not be had or awarded upon the faid judgment, upon which there fhall be the like proceedings as were in the action of debt upon the faid bond or obligation, for affeffing of damages upon trial of iflues joined upon fuch breaches, or enquiry thereof, upon a writ to be awarded in manner aforefaid. And that upon payment or fatisfaction, in manner as aforefaid, of fuch future damages, cofts and charges as aforefaid, all further proceedings on the faid judgment, fhall again be ftayed, and fo toties quoties; and the defendant, his body, lands and goods, fhall be difcharged out of execution as aforefaid.

VIII. And be it further enacted by the authority aforefaid, That if any perfon or perfons have been, or fhall be arrested by any writ, bill or process, iffuing out of any court of record, at the fuit of any common perfon or perfons, and the fheriff, or any other officer, hath taken, or fhall take bail from fuch perfon or perfons, against whom fuch writ, bill or procefs was or fhall be taken out, the fheriff, or other officer, at the request and cofts of the plaintiff in fuch action or fuit, or his lawful attorney, fhall aflign to the plaintiff in fuch action, the bail-bond, or other fecurity taken from fuch bail, by indorfing the fame, and attesting it under his hand and feal, in the prefence of two or more credible witnelles. And if the faid bail-bond, or affignment,

or other fecurity taken for bail, be forfeited, the plaintiff in fuch action, after fuch affignment made, may bring an action or fuit thereupon, in his own name; and the court where the action is brought, may, by rule or rules of the fame court, give fuch relief to the plaintiff and defendant in the original action, and to the bail upon the faid bond, or other fecurity taken from fuch bail, as is agreeable to juftice and reafon; and that fuch rule or rules of the faid court, fhall have the nature and effect of a defeazance of fuch bail-bond, or other fecurity for bail.

IX. And be it further enacted by the authority aforefaid, That in all actions depending, or to be commenced in any court of record, if any plaintiff happen to die after an interlocutory judgment, and before a final judgment obtained therein, the faid action fhall not abate by reafon thereof, if fuch action might be originally profecuted or maintained by the executors or adminiftrators of fuch plaintiff; and if the defendant die after fuch interlocutory judgment, and before final judgment therein obtained, the faid action fhall not abate, if fuch action might be originally profecuted or maintained against the executors or adminiftrators of fuch defendant; and the plaintiff, or if he be dead, after fuch interlocutory judgment, his executors or adıniniftrators, fhall and may have a feire facias againft the defendant, if living, after fuch interlocutory judgment, or if he died after, then against his executors or adminiftrators, to fhew caufe why damages in fuch action should not be affeffed and recovered by him or them; and if fuch defendant, his executors or adminiftrators, fhall appear at the return of fuch writ, and not

i

fhew or alledge any matter fufficient to arreft the final judgment, or being.
returned warned, or upon two writs of fcire facias, it be returned, that the
defendant, his executors or adminiftrators, had nothing whereby he or they
might be fummoned, and could not be found in the county, fhall make
default, that thereupon a writ of enquiry of damages fhall be awarded, which
being executed and returned, judgment final shall be given for the faid plain-
tiff, his executors or adminiftrators, profecuting fuch writ or writs of fcire
facias, against such defendant, his executors or adminiftrators respectively.
X. And be it further enacted by the authority aforef.id,
Where there are two That if in any action or fuit, there be two or more plaintiffs
defendants, the fuit or defendants, and one or more of them fhall die, if the
shall not abate by the Caufe of fuch action fhall furvive to the furviving plaintiff
action furvives to the or plaintiffs, or against the furviving defendant or defend-
ants, the writ or action fhall not be thereby abated, but such
death being fuggefted upon the record, the action fhall proceed at the fuit of
the furviving plaintiff or plaintiffs, against the furviving defendant or de-
fendants.

or more plaintiff's or

death of one, if the

other.

between verdict and

XI. And be it further enacted by the awhority aforefaid, Death of either party That in all actions, real, perfonal or mixed, the death of either party between the verdict and the judgment, shall not hereafter be alledged for error, fo as fuch judgment be entered within two terms after fuch verdict.

judgment, not to be
alledged for error.

days between the

any jury procefs, in

crror.

The want of fifteen XII. And whereas fuits commenced by original writs, tefte and return of have been protracted and delayed by reafon of the neceffity perional actions, not of having fifteen days at the leaft, between the days of the tefle to be alledged for and the days of the return of the writs ufed in perfonal actions, and in actions of ejectment for lands and tenements; For remedy whereof, Be it further enated by the authority aforefaid, That in all actions of debt, and all other perfonal actions whatfoever, and in all actions. of ejectment for lands or tenements now depending, or which at any time hereafter fhall be depending, by original writ, in any court of record, after any iflue joined therein, to be tried by a jury, and alfo after any judgment had or obtained, or to be had or obtained, in any fuch court, in any fuch action as aforefaid, there fhall not need to be fifteen days between the tefte day and the day of the return of any writ or writs of venire facias, habeas corpora juratorum, or diftringas juratores, writs of fieri facias, or capias ad fatisfaciendum (except writs of capias ad fatisfaciendum, whereon a writ of exigent, after judgment, is to be awarded, and writs of capias ad fatisfacienduin against defendants, in order to make any bail liable) and that the want of fifteen days between the tefte day and the day of the return of any fuch writ (except as before excepted) fhall not be, nor fhall be affigned, taken or adjudged to be any matter or caufe of error.

XIII. And whereas many and great inconveniences have arisen to the citizens and inhabitants of this flate, by means of delaying the trials of caules between party and party, after ifflue joined; For remedy whereof, Be it After iffue joined in further enacted by the authority aforefaid, That where any any action, if the flue is or fhall be joined, whether the iffue roll be filed or plaintiff neglects to bring fuch illue to not, in any action or fuit at law, in any court of record, trial, the court may and the plaintiff or plaintiffs in any fuch action or fuit, hath Cafes of nonfuit; or have neglected, or fhall neglect to bring fuch iffue on-to he tried, according to the courfe and practice of the faid courts refpectively, it hall and may be lawful for the judge or judges of the faid court refpec

give judgment as in

tively, at any time after fuch neglect, upon motion made in open court (dué hotice having been given thereof) to give the like judgment for the defendant or defendants in every fuch action or fuit, as in cafes of nonfuit, unless the faid judge or judges fhall, upon jutt cause and reasonable terms, allow any further time or times for the trial of fuch iffue; and if the plaintiff or plaintiffs fhall neglect to try fuch iffue within the time or times fo allowed, then, and in every fuch cafe, the faid judge or judges fhall proceed to give fuch judgment as aforefaid: And that all judgments, fo given, fhall be of like force and And fachjudgment and effect as judgments upon nonfuits, and of no other force to have the fame force or effect. And alio, That the defendant or defendants fhall upon fuch judgment be awarded, his or her, or their cofis, in any action or fuit where he, fhe or they, would upon nonfuit be entitled to the fame, and in no other action or fuit whatsoever. XIV. And be it further enacted by the au hority aforefaid, That no indictment, information, or caufe whatsoever, fhall be tried before any judge or judges of any court of record within this ftate, where the defendant or defendants refide above forty miles from the place where the court is held, in which fuch caufe fhall be tried, unless notice of trial in writing has been given at leaft fourteen days before fuch intended trial.

as judgments upon nonfuits.

tice of trial to be

The intended trial, or

XV. And be it further enalled by the authority aforefaid, Counterinand of no- That in cafe any party or parties fhall have given fuch nogiven fix days before tice of trial as aforefaid, and fhall not afterwards duly councofts to be paid, as if termand the fame in writing, at leaft fix days before fuch not countermanded. intended trial, every fuch party fhall be obliged to pay unto the party or parties to whom fuch notice of trial fhall have been given as aforefaid, the like cofts and charges, as if such notice of trial had not been countermanded.

where there are 1)

defendants, not to

caufe furvives to or

XVI. And be it further enalled by the authority aforefaids Suits in chancery. That if in any fuit or action now depending, or hereafter or more plaintiffs or to be brought in the court of chancery, there be two or abate by the death of more plaintiffs or defendants, and one or more of them shall one of them, if the die, if the caufe of fuch fuit or action fhall furvive to the aga pft the other. furviving plaintiff or plaintiffs, or against the furviving defendant or defendants, fuch fuit or action fhall not be thereby abated; but fuch death being fuggefted and fhewn by affidavit or otherwise, to the fatiffaction of the court, fuch fuit or action fhall proceed at the fuit of the furviv ing plaintiff or plaintiffs, against the furviving defendant or defendants.

not furvive, the fait

deceated.

XVII. And be it further enacted by the authority aforefaid, But ifthe caufe does That in all and every fuit or action in the court of chanonly to abate with cery, in which any bill or bills is, are, or fhall or may hererefpect to the perfon after be filed, and in which there fhall be two or more plaintiffs or defendants, and any of them fhall die, and the caufe of action fhall not furvive, but other perfons fhall become parties in intereft, in right or by the death of fuch deceased party, fuch fuit fhall, by reafon of fuch death, be abated, only with refpect to fuch deceafed perfon or perfons, and the furviving plaintiff or plaintiffs fhall and may proceed against the furviving defendant or defendants, without reviving the fuit against the reprefentatives of the deceafed party, or any other who may become interefted by the death of fuch perfon or perfons; but that in fuch cafe fuch reprefentatives, or fuch perfon or perfons as fhall become interested by the death of fuch party, fhall not be bound by any order or decree, in fuch caufe to which they are not made parties: And in cafe the plaintiff or plaintiffs fhall

chufe to make the reprefentatives of the deceafed perfon, or others, who may become interested by the death of fuch perfon, parties to fuch fuit, no bill of revivor or fubpoena ad, revivendum, fhall be neceflary, but the court fhall and may, by rule or order, as often as there fhall be occafion for it, direct the fuit to ftand revived, which rule or order shall be served on the adverse clerk, and unless the reprefentatives of fuch deceafed perfon, or others who may become interested by the death of fuch perfon, fhall, within eighty days after fuch fervice as aforefaid, appear and put in their answer, or fignify their difclaimer of the fuit, and the matters in controversy therein, the plaintiff or plaintiffs may cause their appearance to be entered; and in fuch cafe the answer of the deceased perfon fhall be deemed and taken as and for the answer of fuch reprefentatives, or other perfon or perfons interested by the death of fuch perfon. And further, That in cafe any plaintiff or plaintiffs in any fuch fuit now depending, or hereafter to be brought, wherein the cause of action fhall not furvive as aforefaid, fhall happen to die pending fuch fuit, the lawful reprefentative or reprefentatives of fuch deceafed plaintiff or plaintiffs, or any other perfon or perfons interefted by the death of fuch plaintiff or plaintiffs, fhall and may, upon affidavit thereof by him or them, or any other perfon or perfons, and on motion made in open court, be, by the rule or order of the court, inferted as a complainant or complainants in the faid fuit, and be permitted to make fuch amendment in the bill or bills of complaint, as his, her or their title of intereft therein may require; to which amendment or amendments the defendant or defendants fhall be compellable, by rule or order of the faid court, to answer, proceed to iffue, and examination of witneffes, and production of proofs, and all other proceedings fhall be had thereon as in ordinary cafes; and in cafe fuch perfon or perions fhall not, in eighty days after the death or deaths of fuch plaintiff or plaintiffs, caule himself, herself, or theinfelves, to be entered as plaintiff or plaintiffs as aforefaid, in the room of fuch deceafed plaintiff or plaintiffs, that then, and in every fuch cafe, the furviving plaintiff or plaintiffs may infert the reprefentative or reprefentatives of fuch deceafed plaintiff or plaintiffs, or other perfon or perfons interested by his, her, or their death, as defendant or defendants in fuch fuit, and proceed in the manner herein before directed, in cafes where the lawful reprefentative or reprefentatives of a deceased defendant or defendants, may be made party or parties.

No procefs for apto itlue until billfiled,

pearance in chancery

except in certain cafes.

XVIII. And be it further enacted by the authority aforefaid, That no fubpoena or any process for appearance, do iffue out of the court of chancery, until after the bill is filed with the proper officer in the faid court, except in cafes of bills for injunctions to flay wafte, or to flay fuits at law com. menced; and that no injunction fhall be granted or iflued in any cafe until the bill is filed as aforefaid. And further, That no copy, abftract or tenor of any bill in equity, do go with the dedimus, or commiflion for taking the defendant's answer.

XIX. And be it further enacted by the authority aforefaid, That if in any fuit which hath been or fhall hereafter be commenced in the court of chancery of this ftate, any defendant or defendants, against whom any fubpoena or other process fhall iffue, fhall not caufe his, her or their appearance to be entered upon fuch procefs, within fuch time and in fuch manuer as, according to the rules of the faid court, the fame ought to have been entered, in cafe fuch process had been duly ferved; or if any fuch defendant or defendants, after fervice of any fubpoena or other process fo iffued out of the faid