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3. And be it enacted, That if either of the parties to a suit hereafter to be instituted before a justice of the peace, shall demand a trial
Jurors, by jury, and if on the return of the venire, it how supshall appear that one or more of the jurors are
plied. disqualified to serve or do not appear, then it shall be lawful for the constable who served the same, by order of the court, immediately to summon others who shall serve in their stead,
4. And be it enacted, That if a material wit- Deposi. ness in an action instituted in said court be in
persons in the state, but is ancient or very infirm, or is this state; sick, or is bound on a voyage, or is about to taken. go out of the state, the deposition of such witness may at the option of either party be taken before a justice of the peace; Provided, The person at whose request the deposition is to be taken, shall cause notice to be given to the adverse party of the time and place and before whom the deposition shall be taken immediately, or at such short day as the cause in the opinion of the said justice may require, to attend and be present at the taking thereof, and to put questions and cross-examine if he shall think fit, and a deposition so taken and offered in evidence, shall be subject to the same rules and exceptions that the witness would be if personally present.
5. And be it enacted, That every person deposing as last aforesaid shall be carefully examined and cautioned, and sworn or affirmed to testify the whole truth, and shall subscribe the testimony by him or her given after the same shall be reduced to writing, which shall be done only by the magistrate taking the de. position of by the deponent in his presence, and the deposition so taken shall be retained by such magistrate until he deliver the same with
his own hand into the court for which it was taken, or shall be by him the said magistrate sealed up directed and transmitted to such court, and remain under his seal until opened in court, and when so opened the same shall be deposited in the office of the justice before whom the action shall be brought, there to remain of record, and that either of the parties in the said action or suit may at his or her cost and charges, take copies of such deposition as soon as it is deposited in the office as aforesaid.
6. And be it enacted, That every witness who deponent is in this state, and whose examination or de& justice.
position is taken as aforesaid, shall be allowed fifty cents for his services, and the justice who shall take the deposition one dollar for his attendance and services in the same, and the party requiring such examination or deposition shall be at the sole expense thereof, and shall have no allowance therefor in the taxation of costs.
7. And be it enacted, That if either of the Adjourn
parties to a suit hereafter brought before a justice of the peace, cannot on the day of the first adjournment, safely go to trial for want of a material witness in his cause, whom he shall name, and thinks he can produce on a future day, and shall file an affidavit thereof with the justice, then the justice may adjourn the trial to a future day, not less than five nor more than fifteen days, (excluding Sundays) on payment of the cost by the party who makes application for the same.
8. And be it enacted, That from and after Writs of
passing of this act, it shall be lawful for a jusscire
tice of the peace on judgments which shall or may have been obtained before him on application by any person or persons for that purpose
to grant writs of scire facias to revive said judgments, directed to a constable, commanding the defendant to come before him at the time and place mentioned in the writ, not less than five nor more than fifteen days from the date thereof, and shall be served at least five days before the time of appearance mentioned therein by reading the same to the defendant, and delivering to him or her a copy thereof when required if he or she shall be found, and if not found by leaving a copy thereof at his or her house or place of abode in presence of some white person of the family of the age of fourteen years, who shall be informed of the contents thereof.
9. And be it enacted, That the fees for grant- Fees. ing and serving a writ of scire facias shall be the same as is allowed for granting and serving comp. 49) a summons by an act constituting courts for the trial of small causes passed the fifteenth March one thousand seven hundred and ninety-eight.
10. And be it enacted, That the provisions of the first, second and third sections of an act Commisto issue commissions for the examination of sions to
take depówitnesses and to take their depositions in cer- sitions out tain cases, passed the eighteenth of February of the one thousand seven hundred and ninety-nine, [Rev.374] be and they are hereby extended to the courts for the trial of small causes in this state.
11. And be it enacted, That if any person Costs not shall institute a suit for any debt or demand allowed on made cognizable before a justice of the peace der $100 in any
other court than a court for the trial of in any osmall causes and obtain a judgment thereon ther court. for any sum which without cost shall not ex, , ceed one hundred dollars, then such person shall not recover or have any costs in said suit
unless before the commencement of the suit he shall have taken an oath or affirmation before a justice of the peace, and filed the same. in the clerk's office of the court in which such suit was instituted stating that he believes that the sum due or damages sustained exceed one hundred dollars, and then if he recover any sum whatever, the defendant shall be liable to
12. And be it enacted, That the sixteenth
section of the act to which this is a suppleRepealing ment, and so much of the seventeenth and
eighteenth sections of the same, and all other [Rev. 316. acts and parts of acts coming within the purcomp. 567 view of this act, be, and the same are hereby
repealed; and that this act shall be in force from and after the first day of January next.
AN ACT further to regulate Fees.
Passed November 30, 1801.
Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same,
That it shall and may be lawful for the proper for signing
officer to receive for signing a judgment, fifty judgment, cents; and the like sum for taking the ac
knowledgment, or proof of the execution of any mortgage or conveyance of lands, tenements and hereditaments, or other instrument necessary to be acknowledged or proved.
2. And be it enacted, That justices of the Justices
peace shall be entitled to receive the following fees, viz.
Cents. For entering an adjournment in a court for the trial of small causes,
In cases of attachment. For a writ of attachment,
25 For recording a return in the same, 10 For every summons against a garnishee, 20 In cases of larceny under six dollars upon
conviction. For drawing the accusation,
30 For the trial of every cause,
60 3. And be it enacted, That all in criminal
Constables cases, upon conviction, constables fees shall be fees. as follows, viz.
Cents. For serving every warrant,
60 For attending prisoner during trial for larceny under six dollars,
25 [4. Repealed March 1, 1804.]
5. And be it enacted, That the secretary of Fees for this state, and the clerks of the respective recording
deeds, &c. counties in this state, shall be entitled to receive for entering deeds and conveyances on the record, one cent for each sheet, and the like sum of the same: and that the clerk of
Clerks the supreme court, and the clerks of the courts fees. of common pleas in the several counties of this state, shall be entitled to charge for every bill of costs by him taxed the sum of twentyfive cents, in addition to the sums allowed by the act entitled "An act to regulate fees,” (Rev.4183 passed the thirteenth day of June, seventeen hundred and ninety-nine.
for a copy
AN ACT relative to Foreign Reports.
Passed December 1, 1801.
Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, That from and after the passing of this act no