How special bail

may justify in

supreme court

the supreme court of this State, special bail may justify by affi davit in said court, or before one of the judges or clerks thereof, either in term time or in vacation; and such affidavit shall set forth, that the bail is a resident of the county, and that he is worth so much, (mentioning the sum he is bail for,) after all his debts are paid.

Sec. 19. That in actions which are, or shall be instituted in How special bail any of the courts of common pleas in this State, special bail may justify in may justify by affidavit in the said court, or before one of the common pleas. judges or clerks thereof, in term time or in vacation; which

If special bail be

affidavit shall set forth, that the bail is resident of the county, and that he is worth so much, (mentioning the sum he is bail for,) after all his debts are paid.

Sec. 20. That if special bail be not put in, and perfected in not put in, plain- due time, the plaintiff, if he be satisfied with the bail taken by the sheriff or other officer, may take an assignment of the bail bond, in the words or to the effect following: I, the within named O. P. do hereby assign and set over the within bond, to Form of the as the within named A. B. plaintiff. Witness my hand and seal,

tiff may have assignment of bail bond.

signment.

Itg.effect

Person imprison

cd on mesne

the

day of

sand eight hundred and

in the year of our Lord one thou

Signed, sealed and delivered, in the presence of E. F. and G. H. O. P. (Seal.) And this shall be deemed a sufficient assignment in law, to sustain an action on such bail bond, in the name of the assignee.

Sec. 21. That whenever any person shall be imprisoned on mesne process, and remain in prison, and shall not be charged process, when in execution within ten days after judgment rendered against him, he shall be discharged.

discharged.

Proccedings on

Sec. 22. That the proceedings on the bail bond may be set bond, when set aside, if irregular or stayed; if regular, upon terms, in order that a trial may be had in the original action.

aside.

The conditions on which pro

Sec. 23. That when the plaintiff in the original action has not lost a trial, for want of special bail being filed in due time, ceedings on bail the court or judge may stay the proceedings on the bail bond, upon putting in and perfecting special bail, paying the costs incurred by the assignment and prosecution of the bail bond, receiving a declaration in the original action, pleading issuably, and taking short notice of trial.

bond may be stayed.

Conditions on

ed, when a trial

Sec. 24. That when the plaintiff has lost a trial in the origiwhich proceed nal action, for want of special bail being filed in due time, it ars may he stay shall be the duty of the court, before the proceedings be stayed has been lost for on the bail bond, further to require that the bail consent that want of special judgment be entered against them, on the bail bond, for the plaintiff's security; and in such case, if the defendant fail in the original action, the bail shall be liable to immediate execution, and shall not discharge him or themselves by a render of the principal.

Tail.

In what case

Sec. 25. That after the expiration of the term in which the

stayed without

plaintiff might have had judgment, in the original action, if bail proceedings nos had been filed in due time, the proceedings shall not be stayed consent of plainon the bail bond without consent of the plaintiff.

tiff.

bail to stay pro

Sec. 26. That whenever the defendant neglects putting in what notice to special bail in due time, by which the bail bond becomes for- be given of putfeited, the notice, in case the party means to put in special bail, ting in special in order to stay proceedings on the bail bond, shall be, that he ceedings on for will put in and perfect special bail in open court, on such a day, (specifying the day;) and in that, case the plaintiff may oppose the bail in court, without its being a waver of the bail bond.

feited bail bond.

Affidavit to hold

Sec. 27. That every court and judge shall take the fact to be true as sworn to in the affidavit, to hold the party to bail, to bail to be ta without going into the merits.

ken as true.

On return of cå

pias defendant

self in discharge

Sec. 28. That on the return of the capias ad respondendum, the defendant may appear in court, and render himself in discharge of his appearance bail; and upon such render, the ap- may render himpearance bail shall be discharged: and in such case, if the de- of his appearfendant do not immediately put in and justify special bail, he ance bail, and if shall be committed, and upon the entry of such committitur, the special bail be plaintiff may proceed in the action, and declare against him be committed. as in custody.

not put in, shall

discharge of his

the appearance

Sec. 29. That subsequent to the return of the capias ad res- Defendant may pondendum, the defendant may render himself or be rendered render himself in in discharge of his special bail, either before or after judgment: special bail at Provided, That such render be made at or before the appear- any time before ance day of the first scire facias against the bail, returned "scire day in the action feci," or of the second scire facias returned "nibil," or of the ca- against such bail. pias ad respondendum, or summons in an action of debt against the bail on his recognizance, returned, served, and not after; but in either case the bail shall pay the costs of the said suit, and judgment for the same shall be rendered against him accordingly: Provided always, That in either of the above writs against the bail on his recognizance, there shall be at least fifteen days between the service and the return thereof.

and defendant committed.

Sec. 30. That the court or judge before whom the render Entry of the ren is made, shall make an entry or minute of such render and der to be made, commitment; and thereupon the defendant shall be committed to the custody of the sheriff or jailor, attending the said court or judge.

exonerater on

Sec. 31. That on such render or commitment duly certifi- on commitment, ed to the clerk of the court, if done in vacation, it shall be the clerk to enter duty of such clerk to enter an exonerater on the bail piece, bail piece. and thereupon the bail shall be discharged: Provided, The said bail give immediate notice of such render to the plaintiff or his attorney, if within the county.

Plaintiff to file

Sec. 32. That in all personal actions, in which any defendant shall either before, or after appearance, and before final pleadings against judgment, be committed to prison, the plaintiff shall proceed person imprison to fide his declaration or other pleading, within the same time as if out on bail

ed, in same time

To furnish defen

he would be required to do if the defendant were out on bailand shall furnish the defendant with a copy thereof; and if he dant with copy. fail to do so, he shall be non-prossed: and such defendant shall also file his plea or other pleading, within the time he would be required to do if he were out on bail; and if he fails so to do, the plaintiff shall be entitled to judgment by default,

Defendant to plead as if out on

yail.

Sheriff not liable

for the body at

as in other cases.

Sec. 33. That no sheriff shall be liable to be called upon to for the notate produce the body of any defendant, on a capias ad respondenter second term. dum, returned, "I have taken the body;" unless he be required so to do before the expiration of the second term after the return of such capias.

may proceed

bail.

judgment or de cree may be issued

to any

Sec. 34. That after a capias ad satisfaciendum shall have When plaintiff been returned, "Not found," by the sheriff, the plaintiff may against special proceed against the special bail upon his, her or their recognizance; and in all cases in which judgment shall be rendered, in any court of common pleas, or in the supreme court, in any county in this State, and the person or persons against whom such judgment or decree is, or shall be rendered, shall remove into, or be residing in, any other county, or shall have property Execution on a in any other county, it shall be lawful for the party in whose favor such judgment or decree is, or shall be rendered, to sue out of the office of the clerk of the court rendering such judgcounty in the ment or decree, the same process of execution, directed to the proper officer of such other county, as he might or could sue To be executed out against parties living in the same county; and process issued,. and returned to shall be executed and returned to the office from whence it may issue: and if the officer to whom such process may be directed and delivered, shall neglect or refuse to execute and return the same according to the command thereof, or pay over any money made thereon, it shall be the duty of the court from which such process issued, on motion for that purpose, to amerce the said oflicer in the same manner as though he were an officer of their own proper county; on which amercement process of execution may be taken out, as in other cases.

Stato.

the office whence issued.

For neglect, officer may be amer. ced.

Sec. 35. That if at any time before or after judgment be When error ta rendered against special bail, a writ of error is taken out and ken in original allowed, on the judgment against the principal in the suit in against bail may which their recognizance was taken, the court may, on motion,

suit, proceedings

be stayed.

stay proceedings against such bail for a reasonable time, on their paying all costs that may have accrued on the proceedings against them; and if, on such writ of error, the judgment against the principal in the suit in which the said bail are bound, shall be finally reversed, so that the said principal be thereby be reversed, bail discharged from said suit, then, and in that case, the bail shall be discharged from their recognizance.

If judgment

against principal

discharged.

Those defend

ants served with

Sec. 36. That it shall be lawful for the plaintiff, after a writ shall have been returned, “served" on any one or more of the process, may be defendants, to file his declaration against such defendant or against, though defendants; suggesting therein the return made on such writ,

proceeded

served.

as to such defendant or defendants, as have not been served with some are not the same, and shall proceed therein to final judgment against the defendant so served as in other cases.

may be made

scire facias.

Sec. 37. That the plaintiff may, by a writ of scire facias, Defendants 201. after obtaining judgment as aforesaid, cause any defendant or served with or defendants, on whom the original writ in said cause had not ginal process, been served, to be made parties to said judgment, unless he or parties to the they show good cause why judgment should not be rendered judgment against them; which scire facias shall be directed to the sheriff of the county where such defendant or defendants reside, and shall be returned "served," before such defendant or de fendants shall be made a party to such judgment; and the defendants made a party to said judgment as last aforesaid, shall be subject to the same process on said judgment, as they would have been liable to, had they been served with the original process in said suit.

may be made de

by one or more,

against part of

Sec. 38. That when any person or persons shall appear with- In like manney out process in any court of common pleas, or supreme court, persons liable and confess judgment in favor of any person, on any bond, bill, fendants to judg note, or other contract, wherein any other person or persons, ments confessed shall be jointly, or jointly and severally, liable with the per- and to judgments son or persons confessing such judgment; or where any appeal on appeals shall be taken to the court of common pleas, from the judgment the obligors of any justice of the peace, rendered on any such bond, bill, note, or other contract, and judgment shall be rendered for the plaintiff, by the court of common pleas in the cause so appealed; the person in whose favor any such judgment shall have been rendered in either of the causes aforesaid, may, by writ or writs of scire facias, cause any person or persons, jointly, or jointly and severally, liable as aforesaid, to be made parties to said judgment, in the same manner as is provided in the preceding section of this act; and the person or persons made parties as aforesaid, shall be liable to the same process of execution as is provided for in said section.

cum causa, bond

of error.

Sec. 39. That when any writ of habeas corpus cum causa, on allowance of shall be allowed for removing a cause from the court of common habeas corpus pleas, into the supreme court, the clerk of the supreme court shall be taken shall take bond and security from the party applying for such and citation iswrit, as if such case was removed by writ of error; and shall sed as on writs also make out and sign a citation to the adverse party, which shall be served on him in the same manner, and within the same time, as required on a writ of error: Provided, That no cause in which the matter in dispute does not amount to one thousand Proviso as to al dollars, shall be removed by the writ aforesaid, without a special lowance of writ allowance from one of the judges of the supreme court, which

shall not be granted unless on good cause shown.

Transcript of re

Sec. 40. That the clerk of the court of common pleas, shall return with the writ of habeas corpus cum causa, a transcript cord to be reof the record of such court in said cause; and the supreme turned with the court shall proceed thereon in the same manner, as if such

writ

In an action for

as many breaches as he may see fit.

suit had been commenced, and such proceedings had therein.

Sec. 41. That in all actions in any court of record, upon a penalty, plain any bond or other contract in writing, for the recovery of any tiff may assign forfeiture or penalty, for the non-performance of any contract or other agreement contained in any such bond, or contract in writing, the plaintiff may assign as many breaches as he shall see fit and proper; and the jury, in case they find a verdict in Damages to be favor of the plaintiff in any such action, shall assess damages assessed by jury. for such of the breaches so assigned as the plaintiff, upon the trials of the issue, shall prove, and the court shall thereupon give judgment for the full amount of the aforesaid penalty, and shall award execution thereon, for the amount of damages so by the jury assessed, with costs: and if judgment shall be given for the plaintiff on demurrer, or by default or confession, the court before whom the action is brought, shall render judg penalty, and ment as aforesaid for the penalty, and award execution for for the damages SO much as shall be then due according to equity; and when assessed, or on the sum for which execution should be awarded is uncertain, sion, for the sum the same shali, upon the application of either party, be assessdue in equity. ed by a jury.

Court to render judgment for

award execution

default or confes

ance may be

though condition

Sec. 42. That in any action brought on bond, article of In actions on agreement, or other contract in writing, which has a condition bonds, &c., mat or defeasance to make void the same, on the payment of a less ters of defeas- sum than the penalty that may be therein mentioned, at a day pleaded in bar, and place certain; if the obligor or contractor, or his heirs, be not strictly executors or administrators, have paid to the obligee or concomplied with. tractee, or his executor or administrators, the principal and interest due by the condition or defeasance of such bond, article of agreement, or other contract, though such payment was not made strictly according to the condition or defeasance, yet it may be pleaded in bar, and shall be as effectual as if the money had been paid at the day and place, according to the condition or defeasance, and had been so pleaded.

When judgment by default or

Sec. 43. That when judgment by default, confession or demurrer, as mentioned in the preceding section, shall be given for confession in the plaintiff in such action, he may assign as many breaches of such action, de the covenants, agreements or conditions, aforesaid, as he shall into court the think fit; and if the defendant, after such judgment entered, amount assessed, and before execution executed, shall pay into the court where execution shall the action is or shall be brought, to the use of the plaintiff, or

fendant may pay

and costs, and

We stayed.

On

satisfaction

his executors or administrators, such damages as the court or jury shall assess, as herein before provided, by reason of all or any of the breaches of such covenants, agreements or conditions, together with costs of suit, a stay of execution of the judgment shall be entered on record.

Sec. 44. That if by reason of any execution executed, the of the damages plaintiff, or his executors or administrators, shall be fully paid assessed in such or satisfied, all such damages so assessed, with costs of suit, and property of de. the legal charges for executing the said executions, the body,

action, body and