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may justify in supreme courts

common pleas.

bail band.


the supreme court of this State, special bail may justify by affiHow special bail davit in said court, or before one of the judges or clerks thereof, ourts 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 social han 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

judges or clerks thereof, in term time or in vacation; which 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 If special bail be not put in, plain. due time, the plaintiff, if he be satisfied with the bail taken by titỉ may have the sheriff or other officer, may take an assignment of the bail assignment of

" bond, in the words or to the effect following: 1, 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,

the day of in the year of our Lord one thousand eight hundred and

Signed, sealed and delivered, in the presence of E. F. and

G. H. O. P. (Seal.) And this shall be deemed a sufficient Teg.effects

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 Person imprisoned on mesne mesne process, and remain in prison, and shall not be charged process, when in execution within ten days after judgment rendered against discharged.

him, he shall be discharged.

Sec. 22. That the proceedings on the bail bond may be set Proccedings on hond, when set aside, if irregular or stayed; if regular, upon terms, in order aside.

that a trial may be had in the original action..

Sec. 23. That when the plaintiff in the original action has

ng 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 issu

ably, and taking short notice of trial.

on Sec. 24. That when the plaintiff has lost a trial in the origi. which proceed. nal action, for want of special bail being filed in due time, it

ai shall be the duty of the court, before the proceedings be stayed Pas been lost for on the bail bond, further to require that the bail consent that

judgment be entered against them, on the bail bond, for the rail.

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. 1a what case Sec. 25. That after the expiration of the term in which the

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bond may be stayed.

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ings may he stayod, when a trial

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plaintiff might have had judgment, in the original action, if bail proceedings nos

stayed without had been filed in due time, the proceedings shall not be stayed consent of plain. on the bail bond without consent of the plaintiff.

Sec. 26. That whenever the defendant neglects putting in what special bail in due time, by which the bail bond becomes for- be given of patfeited, the notice, in case the party means to put in special bail, hing in in order to stay proceedings on the bail bond, shall be, that he ceedings on forwill put in and perfect special bail in open court, on such a feited bail bond. 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.

Sec. 27. That every court and judge shall take the fact to affidavit so hold be true as sworn to in the affidavit, to hold the party to bail, o bail to be ta without going into the merits. See. 28. That on the return of the capias ad respondendum,,

On return of cithe defendant may appear in court, and render himself in dis- pias defendant“. charge of his appearance bail; and upon such render, the ap- may render bim. pearance bail shall be discharged: and in such case, if the de- of his ancese

de of his appear fendant 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

m i l, the not put in, shall plaintiff may proceed in the action, and declare against him be committed. as in custody.

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: 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

et the heil returned crire the appearance feci," or of the second scire facias returned “pibil,” 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; bot 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.

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 males commitment; and thereupon the defendant shall be to the custody of the sheriff or jailor, attending the said court or judge.

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

exonerater on 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. Sec. 32. That in all personal actions, in which any defend

Plaintiff to file ant shall either before, or after appearance, and before final pleadings againsi Judgment, be committed to prison, the plaintiff shall proceed person imprison to fide his declaration or other pleading, within the same time 29 if out on ball.

ed, in same time

discharge of his special bail at

day in the action

nd defendant ommitted

he would be required to do if the defendant were out on bail.

... and shall furnish the defendant with a copy thereof; and if he To furnish defen and dant with copy. fail to do so, he shall be non-prossed: and such defendant

shall also file his plea or other pleading, witbin the time he

on would be required to do if he were out on bail; and if he fails plead as if out on bail.

so to do, the plaintiff shall be entitled to jadgment by default, as in other cases.

Sec. 33. That no sheriff shall be liable to be called upon to for the body af. P

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.

Sec. 34. That after à capias ad satisfaciendum shall have Wben plaintiff been returned, Not found,” by the sheriff, the plaintiff may may proceed

cial proceed against the special bail upon his, her or their recogagainst specia bail.

nizance; 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 fajudgment or de vor such judgment or decree is, or shall be rendered, to sue out eree may be issued to any of the othce of the clerk of the court rendering such judge county 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 he 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 issued. may issue: and if the officer to whom such process may be di

rected and delivered, shall neglect or refase 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 For neglect, offi

er. which such process issued, on motion for that purpose, to

amerce the said officer in the same manner as though he were an officer of their own proper county; on which arercement process of execution may be taken out, as in other cases.

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

original allowed, on the judgment against the principal in the suit in suit, proceedings against bail may which their recognizance was taken, the court may, on motion,

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, if judgment

shall be finally reversed, so that the said principal be thereby he reversed, bail discharged from said suit, then, and in that case, the bail shall discharged. be discharged from their recognizance.

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



may be made

against part of

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. Sec. 37. That the plaintiff may, by a writ of scire facias,

AS, Defendants noz. after obtaining judgment as aforesaid, cause any defendant or served with very long 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 they show good cause why judgment should not be rendered judgment lay against them; which scire facias shall be directed to the sher-scira facias. iff 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 ori. ginal process in said suit.

Sec. 38. That when any person or persons shall appear with- In like manner 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.

may be made de pote, or other contract, wherein any other person or persons, ments confessed

by one or more, shall be jointly, or jointly and severally, liable with the person or persons confessing such judgment; or where any appeal on appeals shall be taken to the court of common pleas, from the judgment is

the obligorta 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 appeal ed; the person in whose favor any such judgment shall have been rendered in either of the causes aforesaid, may, by writ or a 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,

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

cum causa, bond 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 is writ, as if such case was removed by writ of error; and shall form 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 dwes not amount to one thousand Proviso og to ad dollars, shall be removed by the writ aforesaid, without a special lowance of wrila allowance from one of the judges oi the supreme court, which shall not be granted unless on good cause shown.

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

sued as on writs


ranscript of te.

suit had been commenced, and such proceedings had there


a penalty, plain

as many breachen as he may see fit.

Damages to

Court to render

award execution

default or confes.

Sec. 41. That in all actions in any court of record, upon In an action for

any bond or other contract in writing, for the recovery of any tiff may assign forfeiture or penalty, for the non-performance ot any contract

or other agreement contained in any such bond, or contract in writing, the plaintiff may assigo as many breaches as he shall

see fit and proper; and the jury, in case they find a verdict in ages 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

trial 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 judgment for court before whom the action is brought, shall render judgpenalty, and ment as aforesaid for the penalty, and award execution for

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 assessdae in equity. ed by a jury.

Sec. 42. That in any action brought on bond, article of In actions on agreement, or other contract in writing, wbich has a condition bonds, &c., mat or defeasance to make void the same, on the payment of a less ters of defeasance may be sum than the penalty that may be thercin 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 in

terest due by the condition or defeasance of such bond, article of agreement, or other contract, thoagh 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.

Sec. 43. That when judgment by default, confession or de.

mt murrer, as mentioned in the preceding section, shall be given for confession in the plaintiff in such action, he may assign as many breaches of

tion, de: the covenants, agreements or conditions, aforesaid, as he shall sendant may pay 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 and costs, and execution shall the action is or shall be brought, to the use of the plaintiff, or

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 or suit, and action, body and firoperty of dc. the legal charges for executing the said executions, the body,

though condition

When judginent by default or

Be stayed.



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