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Such order to be
court, shall neglect or refuse to enter his, her or their appearance, within such time and in juch manner as directed by the rules of the said court, and an affidavit or añidavits shall be made to the satisfaction of the said court, that the faid defendant or defendants is or are beyond sea, or out of this state, or otherwise absent himself, herself or themselves, in this itate, then, and in any such case, the said court shall and may make an order, directing and appointing such defendant or defendants to appear at a certain day therein to be mens
tioned ; and a copy of fuch order (hall, within twenty days, puvlished :
be inserted in one or more of the public news-papers prinied in this state, and be published therein eight weeks succef
sively, at lealt once in each of the said weeks, and if the And if the defendant defendant or defendants do not appear within the time flatine, tie bill to limited by the said order, or within such further time as the be taken pro conteilu.
court shall appoint, then, on proof made to the satisfaction of the court, that such oreler was duly published as aforesaid, the faid court may order the plaintiff's bill to be taken pro confesso, and make such decree thereupon as shall be thougiit juft; and may thereupon issue process to compel the perforinance of such decree, either by an immediate sequestration of the real and personal estate and effects of the defendant or defendants so ab fent as aforesaid, or such part thereof as may be sufficient to satisfy the demands of the plaintiff in the lid suit, or by causing possession of the estate or effects demanded by the bill to be delivered to the plaintiff; and the faid court of chancery may likewise order such plaintiff or plaintiffs to be paid and fatisfied his, her or their demands out of the estate or effects so sequeftered, according to the true intent and meaning of such decree ; such plaintiff or plaintiffs first giving sufficient security in such sum as the court shall think proper, to abide such order touching the restitution of such estate or effects as the laid court shall think proper to make concerning the fame, upon the defendant or defendants appearance to defend such suit, and paying such costs to the plaintiff or plaintiffs, as the court shall order : But if the plaintiff or plaintiffs shall refuse or neglect to give such security as aforesaid, then the said ettate or effects shall remain under the direction of the said court, until the appearance of the defendant or defendants, and his, her or their påying such coits to the plaintiff or plaintiffs, as the said court shall think reasonable, or until such order shall be made therein as the court (all think just.
XX. Provided always, and it is hereby further enabled by the authority noresaid, That if any decree shall be made, in pursuance hereof, against any person or persons fo absent as aforesaid, and such person or persons, his, her or their heirs, devilees, executors or administrators (as the case may require) thal, within one year after notice in writing being given to him, her or them, of such decree, or, if no such notice is given, then within seven years after the making of such decree, appear in court, and petition to be heard with respect to the matter of such decree, and (hall pay down, or give security for payment of such costs as the court shall think reasonable in that behalf, the person or persons so petitioning, niay be admitted to answer the bill exhibited, and issue may be joined, and witneffes on both sides examined, and fuch other proceedings, decree and execution may be had thereon, as if the absent defendant or defendants had originally appeared, or as if no former decree luad been in the same cause.
XXI. Provided nevertheless, and be it further called by the authority aforesaid, That if any person or persons, against whom such decree shall be made, his, her or their heirs, devisces, executors or administrators, shall not,
within seven years next after the making of such decree, appear and petition to have the caufe re-heard, and pay down, or give fecurity for payment of such costs as the court shall think reasonable in that behalf, such decree made as aforesaid, shall stand absolutely confirmed against the said person or persons against whom such decree shall be made, his, her and their heirs, executors and administrators, and against all persons claiming, or to claiin, by, from or under him, her, them, or any of them, by virtue of any act done or to be done, fubsequent to the commencement of such suit; and at the end of such seven years, it shall and may be lawful for the court to make such further order as shall be just and reafonable, according to the circumstances of the case.
XXII. And be it further enacled by the authority aforesaid, If 2. defendant is That if any defendant or defendants shall be brought into os cliancery by habeas the said court of chancery, by any writ of habeas corpus, cels, and refuses to or other process issuing out of the said court, and finall refue enter his appearance, or neglect to enter his, her or their appearance, according çerk to enter it for to the rules of the said court, or to appoint a clerk in court him.
to act on his, her or their behalf respectively, the said court may appoint a clerk in court to enter an appearance for such defendant or defendants respectively, and fuch proceedings may thereupon be had in the cause, as if the party had actually appeared.
XXIII. And be it further enaĉicd by the authority aforesaid, Perfons jointly in. That all persons who now are, or hereafter shall be jointly rately antiverable to indebted to any other person or persons whomsoever, for the mole of proceeds or upon any joint contract, obligation, matter or thing ing wiere they can. whatsoever, for which remedy could or might be had at
law against such debtors, in case all were or could be taken by process issued out of any court in this state, shall be answerable to their creditors separately for such debts ; that is to say, Such creditor or creditors shall and may iffue process against such joint debtors in the manner now in use; and in case any or either of such joint debtors shall be taken and brought into court, by virtue of such process, he, me or they fo taken and brought into court, Mall answer to the plaintiff or plaintiffs ; and in case the judgment fhall pass for the plaintiff or plaintiffs, he, The or they shall have his, her or their judgment and execution against him, her or them, so brought into court, and against the other joint debtor or debtors named in the process, in the same manner as if they had been all taken and brought into court by virtue of such process : But it shall not be lawful to issue or execute any such execution against the body, or against any lands or goods, the fole property of any person not brought into court.
XXIV. And whereas a practice hath lately been introduced of inserting în bonds, bills, covenants and other contracts in writing, a clause, or power, or warrant, to confess a judgment thereon, whereby many persons, being ignorant of the efficacy and consequence of such a clause, power, or warrant, have suffered great loss; For remedy whereof, Be it firrther enucted by the authority aforesaid, That no judgment shall hereafter be entered upon any bond, bill, covenant or other contract in writing, to be made after the first day of January next, upon the confeffion of any attorney, by virtue or in consequence of any warrant, power or authority whatsoever, contained, written or printed in the same inftrument, paper or parchment, with the same bond, bill, covenant or contract. And further, Tha: every atomey
Warrant of attorney, who shall confess any judgment in any case whatsoeve ment, to be produced shall, at the time of making such confession, produce ! and filed.
warrant for making the same, to the court or judge befo.
whom he makes the same confeflion, and the same warras ihall then be filed with the proper officer of the court in which the judgine full be entered. And moreover, No judgment shall hereafter be entere upon any confession taken out of court, before any or either of the judge of the courts of common pleas, or mayors courts, or either of them ; an if any judgment shall be lo entered, the fame shall be void and holden for none. But all such judgments heretofore bona fide entered, and whic... shall be bona fide entered before the first day of May next, and all execution 11 thereon, fall be, and hereby are confirmed, although the fame judgment were or shall be entered upon confeflion, before one only, or more of the judges out of court.
XXV. And be it further eniled by the authority forefaid, That the fuc So in the original. preme court hall and may, by one or more commillion, oi
I commissioners, under the leal of the said supreme courte from time to time, as need shall require, einpower such and so many person and persons, as they shall think fit and necessary, in all and every the several counties within this state, to take and receive all and every such affidavit and affida vits, as any person or persons shall be willing and desirous to make, before any or either of the persons fo empowered, in or concerning any matter, cause or thing depending, or hereafter to be depending, or any wife concerning any of the proceedings to be had in the said fupreme court, or in the court of exchequer; which said affidavits, taken as aforesaid, shall be filed with the proper officer of the court in which they are to be used, and then be read and made use of in the said court, to ail intents and purpo es, as other affidavits taken before any or either of the justices of the supreme court, now are or may be. And that all and every affidavit and affidavits, taken as aforesaid, thall be of the same force as affidavits taken in the said supreme court, or court of exchequer now are; and that every person forswearing himself or herself, in any such affidavit or affidavits, shall incur and be liable unto the same penalties as if such affidavit or affidavits had been made and taken in open court. And further, That for the taking of every such asti. davit, the person so empowered, and taking the same, shall take and receive for so doing, one Milling, and no more.
XXVI. And be il further enacled by the authority aforesaid, Recognizances of tail That the several judges of the courts of common pleas whom and how to b; within the respective cities and counties of this state, shall
be, and hereby are fully authorized and empowered, in each
of the said cities and counties, where such judges are or Thall be commissioned, to take and receive every such recognizance or re, cognizances of bail, as any person or persons is, are or shall be defirous to make before him, in any action or fuit depending or hereafter to be depending in the supreme court, or court of exchequer ; and in such manner and form, and by such recognizance or bail-piece, as the respective justices of the supreme court usually take the same ; which faid recognizance or recognizances, or bail-piece or bail-pieces, so taken as aforesaid, thall be forthwith transmitted, by the defendant in the suit or action, to one of the justices of the supreme court; and the faid justice to whom fuch recognizance or bail-piece shall be fo transmitted, stall accept and receive the fame : And every such recognizance of bail, or bail-piece, o taken and transinitted as
taken in the several counties.
aforesaid, shall be of the like effect as if the fame were taken before any justice or justices of the said fupreme court; and the cognizor or cognizors of such bail or bails, shall not be compelled to appear in person before such justice or justices, or in the said supreme court, or court of exchequer : And the said
B-fore whom affi. judges of the courts of common pleas shall examine the davits to jutify fuch fureties to fuch recognizances of bail, or bail-pieces, as aforebail may be made.
said, when and so often as they Ohall be thereunto respectively requested, by any person or persons concerned, interested in, or atiected by such bail, recognizance, or surety thereon, concerning the value of such surety's estate, and personal circumstances. Provided always, That Time allowed for
all plaintiffs, their council or attornies, Ihall have the same scepting again the time allowed for excepting against the fureties to be given
in the manner aforesaid, as is allowed when such recogni. zance or bail is taken before one of the justices of the supreme court. And further, That such justice of the supreme court as shall accept and receive any such recognizance or bail-piece, fo to him transmitted, shall receive one haif such fees as he is or shall be entitled to by law for taking bail, and upon receipt thereof, shall file such recognizance of bail or bail-piece, and in all things proceed thereon as if the said recognizance of bail or bail-piece, had been taken by himn ; and the judge of the court of common pleas, who shall take such recognizance of bail, or bail-piece, shall be allowed and receive for taking the same, one half of such fee, as is or shall be allowed by law to the justices of the supreme court, for taking bail, when the fame is taken before them or any of them, and no more.
XXVII. did be il further enacted by the authority aforesaid, Time and manner That, if now, or at any time hereafter, any defendant or defendant returned defendants be taken or charged in custody, at the suit of in cuftody.
any person or persons, upon any writ or writs, or process, out of any court of record, and imprisoned or detained in prison for want of fureties, for his, her or their appearance to the same, the plaintiff or plainrisis in such writ or writs, or process, shall and may, by virtue of this act, before the end of the next terin after such writ or process shall be returnable, declare against such prisoner or prisoners, in the respective court or courts, out of which the writ or writs, or process issued, whereupon the prisoner or prisoners shall have been, or may be taken and imprisoned, or charged in custody, and shall or may cause a true copy thereof to be delivered to such prisoner or prisoners, or to the sheriff or other officer, gaoler or keeper of the prison or gaol, in whose custody such prisoner or prisoners shall be and remain ; to which declaration or declarations, the said prisoner or prisoners shall appear and pleads and if such prisoner or prisoners shall not appear and plead to the same, the plaintiff or plaintiffs in such cases, shall have judgment in such manner as if the prisoner or prisoners had appeared in the said refpective courts, and refused to answer or plead to such declaration. And further, That in all declarations against any prisoner or prisoners, detained in prison by virtue of any writ or process issued, or to be issued out of any court of record, it shall be alledged in custody of what sheriff or officer such prisoner or prisoners shall be at the time of such declaration, by virtue of the process of the said court, at the suit of the plaintiff or plaintiffs
. And more. over, That every such sheriff, officer her or keeper of any prison or gaol, upon whom any such copy of declaration shall be served, hall, within ten days thereafter, delle
to the defendant or defendants therein named, with a note of Sf the fervice thereof, upon
such sheriff or officer as aforesaid; and if any such sheriff, officer, gaoler, or keeper of any prison or gaol, to whom any such copy of any declaration shall be delivered as aforesaid, shall neglect to deliver the fame to such defendant or defendants, such sheriff, officer, gaoler or keeper of any prison or gaol, shall be liable and answerable to such defendant or defendants for all damages occafioned by such neglect.
XXVIII. And whereas equal justice ought to be administered as well to the poor as to the rich; and for the relief of the poor who be not of ability to fue according to law for the redress of injuries and wrongs to them done, as well concerning their persons and their inheritance, as other
causes; Be it further enacted by the authority aforesaid, Persons caule of action again& That every such poor person or persons who have, or hereuthers, and being too after thall have cause of action or suit against any person or
allifted at the 'dir. persons in this state, shall have, by the discretion of the chancretion of the court, cellor for the time being, writ or writs original, or writs of fubpæna, according to the nature of their causes, without paying any thing for the seals, or for writing of the fame writs; and if the suit is to be prosecuted in the court of chancery, the chancellor shall assign to the fame poor person or persons, council learned in the law, and solicitors, and all other officers requisite and necessary for the prosecuting and speeding of the same fuits, who shall give their council, and do their duty without taking any reward for their council, help and buliness in the same fuit or suits. And if such action or actions, suit or suits, is or are to be commenced or profecuted in any other court, the judges or justices of such court shall, by their discretion, assign to such poor person or persons, council learned in the law, and attornies, and all other officers requisite and necessary for the prosecuting and speeding of the fame actions and suits, who shall give their council
, and do their duty without taking any reward for their council, help and bufiness in the same actions and suits. And in case any such plaintiff or plaintiffs shall be nonsuited, or a verdiet or judgment be given against him, her or them, in any such action or suits, he, she or they shall not be compelled to pay any costs to the defendant or defendants in any such action or suit.
XXIX. And whereas persons trespaslig upon lands, often defend against suits brought for the fame, under fèigned pretences, until judgment passes for the plaintiff, and then abscond or depart out of the state, to the great injury of the plaintiff, or true proprietors, for want of bail given by the defendant, at the commencement of the fuit ; For remedy whereof, Be Plaintiff entitled to
it further enaĉed by the authority aforefaid, That the plainSpecial bail in actions titf or plaintiffs shall, in all such actions of trespass, be enof treipais of lands.
titled to special bail, and that an ac etiam, or proper clause for that purpose, may be accordingly inserted in the first process; and that the plaintiff or plaintiffs shall have all the advantages, as well thereupon, as upon the bail-bonds that may be taken on the arrest, as in affumption, and other actions where the defendant is held to bail ; and that both parties shall be subject to such discretionary rules and orders of court, respecting such suits in trespass, and on the bail-bonds, as are used in other cases.
XXX. And be it further enacted by the authority aforesaid, In actions of tref. That in all actions of trespass quare claufum fregit, already fregit detendant may brought, or to be brought, wherein the defendant difclairn and plead that the trefpals was or defenda relaim in his, her or their plea, to make in voluntary, and ten- any title or we land in which the trespass is, by der anands.
the declaraue posed to be done, and the trespass be by