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court, fhall neglect or refufe to enter his, her or their appearance, within fuch time and in such manner as directed by the rules of the faid court, and an affidavit or affidavits shall be made to the fatisfaction of the said court, that the faid defendant or defendants is or are beyond fea, or out of this ftate, or otherwife abfent himself, herself or themfelves, in this ftate, then, and in any fuch cafe, the faid court fhall and may make an order, directing and appointing fuch defendant or defendants to appear at a certain day therein to be mentioned; and a copy of fuch order fhall, within twenty days, Such order to be be inferted in one or more of the public news-papers printed in this flate, and be published therein eight weeks fucceffively, at least once in each of the faid weeks, and if the And if the defendant defendant or defendants do not appear within the time doetnot appear within fach time, the bill to limited by the faid order, or within fuch further time as the be taken pro contello. court fhall appoint, then, on proof made to the fatisfaction of the court, that fuch order was duly publifhed as aforefaid, the faid court may order the plaintiff's bill to be taken pro confeffo, and make fuch decree thereupon as fhall be thought juft; and may thereupon iffue procefs to compel the performance of fuch decree, either by an immediate fequeftration of the real and perfonal eftate and effects of the defendant or defendants so abfent as aforefaid, or fuch part thereof as may be fufficient to fatisfy the demands of the plaintiff in the faid fuit, or by caufing poffeffion of the eftate or effects demanded by the bill to be delivered to the plaintiff; and the faid court of chancery may likewife order fuch plaintiff or plaintiffs to be paid and fatisfied his, her or their demands out of the eftate or effects fo fequeftered, according to the true intent and meaning of fuch decree; fuch plaintiff or plaintiffs first giving fufficient fecurity in fuch fum as the court fhall think proper, to abide fuch order touching the reftitution of fuch eftate or effects as the faid court fhall think proper to make concerning the fame, upon the defendant or defendants appearance to defend fuch fuit, and paying fuch cofts to the plaintiff or plaintiffs, as the court fhall order: But if the plaintiff or plaintiffs fhall refufe or neglect to give fuch fecurity as aforefaid, then the faid eftate or effects fhall remain under the direction of the faid court, until the appearance of the defendant or defendants, and his, her or their paying fuch cofts to the plaintiff or plaintiffs, as the faid court fhall think reasonable, or until fuch order fhall be made therein as the court fhall think juft.

XX. Provided always, and it is hereby further enailed by the authority aforesaid, That if any decree fhall be made, in purfuance hereof, against any perfon or verfons fo abfent as aforefaid, and fuch perfon or perfons, his, her or their heirs, devifees, executors or adminiftrators (as the cafe may require) fhall, within one year after notice in writing being given to him, her or them, of fuch decree, or, if no fuch notice is given, then within seven years after the making of fuch decree, appear in court, and petition to be heard with refpect to the matter of fuch decree, and fhall pay down, or give fecurity for payment of fuch cofts as the court fhall think reafonable in that behalf, the perfon or perfons fo petitioning, may be admitted to answer the bill exhibited, and iffue may be joined, and witneffes on both fides examined, and fuch other proceedings, decree and execution may be had thereon, as if the abfent defendant or defendants had originally appeared, or as if no former decree had been in the fame caufe.

XXI. Provided nevertheless, and be it further enacted by the authority aforefaid, That if any perfon or perfons, against whom fuch decree shall be made, his, her or their heirs, devifces, executors or adminiftrators, fhall not,

within feven years next after the making of fuch decree, appear and petition to have the caufe re-heard, and pay down, or give fecurity for payment of fuch cofts as the court fhall think reasonable in that behalf, fuch decree made as aforefaid, fhall ftand abfolutely confirmed against the faid perfon or perfons against whom fuch decree fhall be made, his, her and their heirs, executors and adminiftrators, and against all perfons claiming, or to claim, 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 fuch fuit; and at the end of fuch feven years, it fhall and may be lawful for the court to make fuch further order as fhall be juft and reafonable, according to the circumflances of the cafe.

brought into the court

the court to appoint a

XXII. And be it further enalled by the authority aforefaid,

If a defendant is That if any defendant or defendants fhall be brought into of chancery by habeas the faid court of chancery, by any writ of habeas corpus, corpus, or other procefs, and refufes to or other procefs iffuing out of the faid court, and fhall refu.e enter his appearance, or neglect to enter his, her or their appearance, according clerk to enter it for to the rules of the faid court, or to appoint a clerk in court to act on his, her or their behalf refpectively, the faid court may appoint a clerk in court to enter an appearance for fuch defendant or defendants refpectively, and fuch proceedings may thereupon be had in the caufe, as if the party had actually appeared.

him.

debted thall be fepa

their creditors, and

not all be taken.

XXIII. And be it further enacted by the authority aforefaid, Perfons jointly in That all perfons who now are, or hereafter fhall be jointly rately antwerable to indebted to any other perfon or perfons whomfoever, for the mode of proceed. Or upon any joint contract, obligation, matter or thing ing where they can whatfoever, for which remedy could or might be had at law against fuch debtors, in cafe all were or could be taken by procefs iffued out of any court in this ftate, fhall be anfwerable to their creditors feparately for fuch debts; that is to fay, Such creditor or creditors fhall and may iffue procefs against fuch joint debtors in the manner now in ufe; and in cafe any or either of fuch joint debtors fhall be taken and brought into court, by virtue of fuch process, he, fhe or they fo taken and brought into court, fhall answer to the plaintiff or plaintiffs, and in cafe the judgment fhall pafs for the plaintiff or plaintiffs, he, fhe or they fhall have his, her or their judgment and execution against him, her or them, fo brought into court, and against the other joint debtor or debtors named in the procefs, in the fame manner as if they had been all taken and brought into court by virtue of fuch procefs: But it fhall not be lawful to iffue or execute any fuch execution against the body, or against any lands or goods, the fole property of any perfon not brought into court.

XXIV. And whereas a practice hath lately been introduced of inferting în bonds, bills, covenants and other contracts in writing, a claufe, or power. or warrant, to confefs a judgment thereon, whereby many perfons, being ignorant of the efficacy and confequence of fuch a claufe, power, or war rant, have fuffered great lofs; For remedy whereof, Be it further enacted by the authority aforefaid, That no judgment fhall hereafter be entered upon any bond, bill, covenant or other contract in writing, to be made after the firft day of January next, upon the confeffion of any attorney, by virtue or in confequence of any warrant, power or authority whatfoever, contained, written or printed in the fame inftrument, paper or parchment, with the fame bond, bill, covenant or contract. And further, That every attomey

a confeilion of judg

and filed.

Warrant of attorney, who fhall confefs any judgment in any cafe whatsoeve ment, to be produced fhall, at the time of making fuch confeffion, produce t warrant for making the fame, to the court or judge befowhom he makes the fame confeffion, and the fame warra fhall then be filed with the proper officer of the court in which the judgine: fhall be entered. And moreover, No judgment fhall hereafter be entere upon any confeffion taken out of court, before any or either of the judgi of the courts of common pleas, or mayors courts, or either of them; an if any judgment fhall be fo entered, the fame fhall be void and holden fc. none. But all fuch judgments heretofore bona fide entered, and whic fhall be bona fide entered before the first day of May next, and all execution thereon, fhall be, and hereby are confirmed, although the fame judgment were or shall be entered upon confeffion, before one only, or more of the judges out of court.

XXV. And be it further en led by the authority aforefaid, That the fu So in the original. preme court fhall and may, by one or more commiflion, o commiffioners, under the leal of the faid fupreme court from time to time, as need fhall require, empower fuch and fo many person and perfons, as they fhall think fit and neceffary, in all and every the feveral counties within this ftate, to take and receive all and every fuch affidavit and affidavits, as any perfon or perfons fhall be willing and defirous to make, before any or either of the perfons fo empowered, in or concerning any matter, caufe or thing depending, or hereafter to be depending, or any wife concerning any of the proceedings to be had in the faid fupreme court, or in the court of exchequer; which faid affidavits, taken as aforefaid, shall be filed with the proper officer of the court in which they are to be used, and then be read and made ufe of in the faid court, to all intents and purposes, as other affidavits taken before any or either of the juftices of the fupreme court, now are or may be. And that all and every affidavit and affidavits, taken as aforefaid, fhall be of the fame force as affidavits taken in the faid fupreme court, or court of exchequer now are; and that every person forswearing himself or herself, in any fuch affidavit or affidavits, fhall incur and be liable unto the fame penalties as if fuch affidavit or affidavits had been made and taken in open court. And further, That for the taking of every fuch affidavit, the perfon fo empowered, and taking the fame, fhall take and receive for fo doing, one fhilling, and no more.

Recognizances of bail

or bail-pieces, before

whom and how to be

taken in the feveral counties.

XXVI. And be it further enacted by the authority aforefaid, That the feveral judges of the courts of common pleas within the respective cities and counties of this state, shall be, and hereby are fully authorized and empowered, in each of the faid cities and counties, where fuch judges are or fhall be commiffioned, to take and receive every fuch recognizance or recognizances of bail, as any perfon or perfons is, are or fhall be defirous to make before him, in any action or fuit depending or hereafter to be depending in the fupreme court, or court of exchequer; and in fuch manner and form, and by fuch recognizance or bail-piece, as the refpective juftices of the fupreme court ufually take the fame; which faid recognizance or recognizances, or bail-piece or bail-pieces, fo taken as aforefaid, fhall be forthwith tranfmitted, by the defendant in the fuit or action, to one of the juftices of the fupreme court; and the faid juftice to whom fuch recognizance or bail-piece fhall be fo tranfmitted, fhall accept and receive the fame: And every fuch recognizance of bail, or bail-piece, fo taken and tranfmitted as

Time allowed for

aforefaid, fhall be of the like effect as if the fame were taken before any juftice or juftices of the faid fupreme court; and the cognizor or cognizors of fuch bail or bails, fhall not be compelled to appear in perfon before fuch justice or justices, or in the faid fupreme court, or court of exchequer : And the faid Before whom affi. judges of the courts of common pleas fhall examine the davits to juftify fuch fureties to fuch recognizances of bail, or bail-pieces, as aforebail may be made. faid, when and so often as they shall be thereunto refpectively requested, by any perfon or perfons concerned, interested in, or affected by fuch bail, recognizance, or furety thereon, concerning the value of fuch furety's eftate, and perfonal circumftances. Provided always, That all plaintiffs, their council or attornies, fhall have the fame excepting against the time allowed for excepting against the fureties to be given in the manner aforefaid, as is allowed when fuch recognizance or bail is taken before one of the juftices of the fupreme court. And further, That fuch juftice of the fupreme court as fhall accept and receive any fuch recognizance or bail-piece, fo to him tranfmitted, fhall receive one - half fuch fees as he is or fhall be entitled to by law for taking bail, and upon receipt thereof, fhall file fuch recognizance of bail or bail-piece, and in all things proceed thereon as if the faid recognizance of bail or bail-piece, had been taken by him; and the judge of the court of common pleas, who fhall take fuch recognizance of bail, or bail-piece, fhall be allowed and receive for taking the fame, one half of fuch fee, as is or fhall be allowed by law to the juftices of the fupreme court, for taking bail, when the fame is taken before them or any of them, and no more.

bail.

of declaring against a

XXVII. And be it further enacted by the authority aforefaid Time and manner That, if now, or at any time hereafter, any defendant or defendant returned defendants be taken or charged in cuftody, at the fuit of In cuftody. any person or perfons, 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 fame, the plaintiff or plaintiffs in fuch writ or writs, or procefs, fhall and may, by virtue of this act, before the end of the next terim after fuch writ or procefs fhall be returnable, declare against fuch prifoner or prifoners, in the refpective court or courts, out of which the writ or writs, or procefs iffued, whereupon the prifoner or prifoners fhall have been, or may be taken and imprifoned, or charged in cuftody, and fhall or may caufe a true copy thereof to be delivered to fuch prifoner or prifoners, or to the fheriff or other officer, gaoler or keeper of the prifon or gaol, in whofe cuftody fuch prifoner or prifoners fhall be and remain; to which declaration or declarations, the faid prifoner or prifoners fhall appear and plead; and if fuch prifoner or prisoners shall not appear and plead to the fame, the plaintiff or plaintiffs in fuch cafes, fhall have judgment in fuch manner as if the prifoner or prifoners had appeared in the faid ref pective courts, and refused to answer or plead to fuch declaration. And further, That in all declarations against any prifoner or prifoners, detained in prifon by virtue of any writ or procefs iffued, or to be iffued out of any court of record, it fhall be alledged in cuftody of what fheriff or officer fuch prifoner or prifoners fhall be at the time of fuch declaration, by virtue of the process of the faid court, at the fuit of the plaintiff or plaintiffs. And moreover, That every fuch fheriff, office gaol, upon whom any fuch copy of thall, within ten days thereafter, dell dants therein named, with a note of t Vol. II.

er or keeper of any prison or declaration fhall be ferved, e to the defendant or defenof the fervice thereof, upon

fuch sheriff or officer as aforefaid; and if any fuch fheriff, officer, gaoler, or keeper of any prifon or gaol, to whom any fuch copy of any declaration fhall be delivered as aforefaid, shall neglect to deliver the fame to fuch defendant or defendants, fuch sheriff, officer, gaoler or keeper of any prison or gaol, fhall be liable and answerable to fuch defendant or defendants for all damages occafioned by fuch neglect.

Perfons having caufe of action again others, and being too

poor to profecute, to

be affifted at the dif

cretion of the court.

XXVIII. And whereas equal juftice 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 redrefs of injuries and wrongs to them done, as well concerning their perfons and their inheritance, as other caufes; Be it further enabled by the authority aforesaid, That every fuch poor perfon or perfons who have, or hereafter thall have caufe of action or fuit against any perfon or perfons in this ftate, fhall have, by the difcretion of the chancellor for the time being, writ or writs original, or writs of fubpoena, according to the nature of their causes, without paying any thing for the feals, or for writing of the fame writs; and if the fuit is to be profecuted in the court of chancery, the chancellor fhall affign to the fame poor perfon or perfons, council learned in the law, and folicitors, and all other officers requifite and neceffary for the profecuting and speeding of the fame fuits, who fhall give their council, and do their duty without taking any reward for their council, help and business in the fame fuit or fuits. And if fuch action or actions, fuit or fuits, is or are to be commenced or profecuted in any other court, the judges or juftices of fuch court fhall, by their difcretion, affign to fuch poor perfon or perfons, council learned in the law, and attornies, and all other officers requifite and neceffary for the profecuting and speeding of the fame actions and fuits, who fhall give their council, and do their duty without taking any reward for their council, help and bufinefs in the fame actions and fuits. And in cafe any fuch plaintiff or plaintiffs fhall be nonfuited, or a verdict or judgment be given against him, her or them, in any fuch action or fuits, he, fhe or they fhall not be compelled to pay any cofts to the defendant or defendants in any fuch action or fuit.

XXIX. And whereas perfons trefpaffing upon lands, often defend against fuits brought for the fame, under feigned pretences, until judgment paffes for the plaintiff, and then abfcond or depart out of the ftate, 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 enacted by the authority aforefaid, That the plainfpecial bail in actions tiff or plaintiffs fhall, in all fuch actions of trefpafs, be enof treipais of lands. titled to fpecial bail, and that an ac etiam, or proper claufe for that purpose, may be accordingly inferted in the firft process; and that the plaintiff or plaintiffs fhall have all the advantages, as well thereupon, as upon the bail-bonds that may be taken on the arreft, as in affumption, and other actions where the defendant is held to bail; and that both parties fhall be fubject to fuch difcretionary rules and orders of court, refpecting fuch fuits in trefpafs, and on the bail-bonds, as are used in other cafes.

XXX. And be it further enacted by the authority aforesaid, In actions of tref. That in all actions of trefpafs quare claufum fregit, already fregit defendant may brought, or

pafs quare claufiun

difclaim and plead

that the trefpafs was or defenda

involuntary, and tender amends.

any

title or the declaratio

to be brought, wherein the defendant claim in his, her or their plea, to make

e land in which the trefpafs is, by pofed to be done, and the trefpafs be by

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