lowed. Sec. 39. The supreme court, or any judge thereof, and the court of common pleas, or any president judge thereof, shall writs of ne have power to grant writs of ne exeat, to prevent the depar- exeat, how alture of any defendant out of this State, until security is given to perform the decree: and writs of ne exeat shall be allowed at the discretion of the supreme court in term time, or any judge thereof in vacation; or of the court of common pleas in term time, or any president judge thereof in vacation, upon petition filed, with an affidavit annexed of the truth of the allegations: and if said writ be granted, the court or judge shall direct to be indorsed thereon, in what amount security shall be given to the complainant. Sec. 40. If the defendant shall, by his answer, satisfy the when writ may court that there is no reason for his restraint, or give sufficient be discharged. security to perform the decree, the writ may be discharged. Sec. 41. The supreme court, or any judge thereof, and the Injunctions, by court of common pleas, or any president judge thereof, shall whom allowed. have power to grant writs of injunction to stay waste: and either of said courts, or any judge thereof, shall have power to grant writs of injunction, to stay the proceedings before or af ter judgment, of any of the courts of law. When common Sec. 42. No injunction shall be allowed by the supreme when supremne court, or any judge thereof, to stay proceedings at law, before court shall not al or after judgment, unless the matter in dispute be of sufficient low injunction. value to give original jurisdiction to the court of common pleas; and no injunction shall be allowed by the court of common pleas, or any judge thereof, in such cases, unless the mat- pleas shall not. ter in dispute be of the value of twenty dollars: and in either case, the petition shall show good cause in equity for such in- Petition for injunction, and be verified by affidavit; and with the allowance, junction the court or judge shall direct the amount in which security be verified. shall be given by the complainant. must' show cause, and Injunction in bond given. Condition bond. Sec. 43. No injunction shall operate to stay proceedings at law, before or after judgment, until the party obtaining the operative, same, shall give bond, with sufficient security, to be approved by the clerk of the court, granting such injunction, in the amount required by the court or judge allowing the same, for the payment of all moneys and costs due, or to become due, from the complainant, in such suit or judgment at law, and all moneys and costs which shall be decreed against him, in case such injunction shall be dissolved; and on the execution of the bond as aforesaid, the clerk shall indorse on the subpoena, "Injunction allowed and bail given," and sign his name thereto; and in no case shall it be necessary to issue the writ of in- issue. junction. tij! of Writ need not Sec. 44. In all cases where an injunction may be hereafter When injunc allowed, to stay proceedings at law, in an action for recovery tion staying the of money only, upon the dissolution of the injunction, and dis- collection of mo missal of the petition in the court of common pleas, the court what decree 1 shall render a decree in favor of the respondent, (plaintiff at dered, ney is dissolved. Penalty of five per cent, appeal, and su law) for the debt or damages, interest and costs recovered at law; and also, for the interest and costs accruing in chancery, together with five per cent. penalty on the amount of debt or damages, and the interest which may have accrued. Sec. 45. If the complainant shall appeal from the decree if complainant rendered in the court of common pleas to the supreme court, preme court dis- in any case specified in the foregoing section, and the said insolve injunction, junction shall be dissolved, and petition dismissed in said suand ten per cent preme court, they shall render a decree for the debt or dama the like decree, penalty. When officer has received money on ceedings are en ges, interest and costs, which were recovered at law; also, for the interest and costs, which may have accrued in the court of common pleas, and supreme court, together with ten per cent. penalty on the debt or damages, and interest accrued in favor of the respondent. Sec. 46. When a sheriff, or other officer, has received the whole, or any part of the money, for the collection of which, execution, any execution has issued, and the person against whom such and further pro- execution has issued, his executors or administrators, shall objoined, money tain an injunction, to stay the proceedings under such execushall be repaid. tion, the sheriff, or other officer, shall repay to the person against whom such execution issued, his executors, administrators, or attorney of record, the money so received, or such part thereof as may be enjoined, retaining sufficient to pay the costs, to be collected by the execution: Provided, The money has not been paid over to the plaintiff, his attorney of record, or his executors or administrators. Officer failing to repay, may be ahrerced. Sec. 47. If any sheriff, or other officer, shall fail or refuse, on demand made by the complainant, his executors, administrators, or attorney of record, to pay the money so received, or such part thereof as may be enjoined, he shall be amerced, on motion in open court, for the use of the plaintiff, in the same manner that such sheriff, or other officer, would be liable to be amerced for failing to pay over money made on execution: but But court may nothing in this, or the preceding section, shall be so construed as to prevent the court or judge from ordering the money so into court, or re- made, on execution as aforesaid, to be paid into court, or retai tained by the ed in the hands of the officer, until the said injunction shall be dissolved or made perpetual. order such mo ney to be paid officer ing injunction to be attached for contempt. Sec. 48. If the person against whom an injunction to stay Person disobey- waste, shall be allowed, after the service and notice thereof, stay waste, ay shall do, commit, consent, direct, or suffer to be done or committed, any waste or destruction of, or upon the premises, contrary to the injunction, the court, or any judge of the supreme court, or president judge of the court of common pleas, in the recess of the courts, on motion and affidavit, may award an attachment for contempt, to be issued against the person charged with disobedience to, and a breach of, the injunction. Sec. 49. If the person so offending, shall be brought before Person thus in the court or judge, by virtue of said attachment, and it shall be fined, and or- appear to the court or judge, as aforesaid, that such waste or contempt, may in defauft, be destruction, hath been done or committed, the said court or judge as aforesaid, may order said defendant, in their discre- dered to make tion, to pay to the clerk of the court, a fine not exceeding two restitution; and hundred dollars, for the use of the county, and to make imme-imprisoned diate restitution to the party injured; or in default thereof, to order such defendant to be committed to close custody, until he shall fully comply with such order, or be otherwise legally discharged. Injunctions may where usual in chan. cery Sec. 50. The supreme court, or any judge thereof, and the court of common pleas, or any president judge thereof, may al- be allowed in all low injunctions in all cases, (other than to stay waste or pro- cases ceedings at law, as herein are provided for,) where it is usual for courts of equity to interfere by injunction, on petition filed, showing good cause in equity for such injunction, and verified by affidavit; and the court or judge allowing the same, may impose such conditions upon the party obtaining it, as shall seem to them equitable. orders may be Sec. 51. The courts of chancery shall have power to enforce their decrees and orders, by attachment or sequestration; and How decrees and if necessary, to award and issue such final process against the enforced goods, chattels, lands and tenements, or against the person of any defendant, as may be issued on a judginent rendered in a court of law: and all such process shall be obeyed, executed and returned by the sheriff, or other officer, to whom the same shall be directed, in like manner, and under the same penalties, as are provided in cases of process, issuing from a court of law. Sec. 52. If any sheriff, or other officer, to whom any writ, officer failing to process, or order, of either of said courts of chancery, shall be return process in directed or delivered, shall not make return thereof at the day in contempt, and of return, and according to the tenor of such writ, process or fined order, the same not being stayed, he shall be in contempt, and process of contempt shall, on motion in term time, be issued against him; and the court may order him to pay to the clerk of the court, a fine not exceeding fifty dollars, together with the costs. chancery, to be attachment for contempt Sec. 53. The courts of chancery shall have power to en- Rules, &c. may force obedience to their process, rules and orders, by process of be enforced by attachment for contempt; and any person in contempt, may be fined in any sum not exceeding fifty dollars, at discretion, and Person in conimprisoned until the said process, rule or order, shall be obeyed tempt may be and performed, and until the fine imposed for the contempt soned and the costs, be fully paid. Sec. 54. The courts of chancery shall have power in all cases, to award and tax costs on equitable principles, at their discretion, except where it is otherwise directed by this, or any other Legislative act: and the payment of such costs, when awarded and taxed, may be enforced by writs of fieri facias, capias ad satisfaciendum, or in any other mode said courts may direct. Sec. 55. Any person, or the heirs or personal representa M fined and impri Costs in chance- supreme court, cery as at law Appeals from tive of such person, may appeal to the supreme court, from any common pleas to final sentence or decree, pronounced and made in any cause or allowed in chan suit in chancery, in the court of common pleas, on giving notice and security within the time required by law, in cases of appeals of suits at law; and no lien created by said sentence and decree, on any real estate, shall be vacated or removed by said appeal, but shall remain until the final adjudication of the cause in the supreme court. Lien not affected thereby Rehearing Sec. 56. Petitions for re-hearing, shall be signed by counsel, and preferred within thirty days after the making of the order, on the hearing; and the prayer of such petitions shall be allowed or disallowed, at the discretion of any two of the judges of the court of common pleas, or one of the judges of the supreme court, who made the order on the hearing of the case. Sec. 57. Any person who was a party to a decree of a court Petitions for re- of chancery, his heirs, executors or administrators, may file a view must be petition, for a review of the proceedings in which such former within five years decree was rendered, at any time within five years next after rendering such decree, unless the person entitled to such petiin tion for review, was an infant, feme covert, non compos mentis or imprisoned, then within five years after the removal of such disability. Exception case of disability Petions for re matter of course court Sec. 58. If the petition for review, be brought upon errors of law appearing in the body of the decree, or proceedings view upon errors themselves, it may be filed as an original petition in chancery, of law, filed as as a matter of course; but if the petition for review, be brought Upon new mat upon the discovery of new matter, since the hearing on the forter, by leave of mer decree, it shall only be filed, with the leave of the court to which it is exhibited: in either case the court may, at their discretion, on motion, stay the proceedings on the former deProceedings on former until the further order of the court, or until final decree decree cree, may be stayed is made on the petition for review: Provided, The motion to stay proceedings, be made at the term at which the petition for review is exhibited, and with leave filed; or if filed in vacation, then at the next succeeding term; and if proceedings are decreed to be stayed, the court shall direct security to be given, as in cases of appeals or injunctions to stay proceedings at law. Proviso former Sec. 59. If proceedings are not stayed by order of the If not stayed, court, the party against whom such former decree was renderdecree ed, shall fully comply therewith, and the court may, if they deem it necessary, require security for costs to be given, on the petition of review. must be complied with Decrees against by publication, Sec. 60. Parties against whom a decree has been rendered, parties having without other notice than the publication in the newspaper, as no notice except provided for in this act, may, at any time within five years after may be opened the date of the decree, have the said decree opened, and be let within five years in to defend and to a hearing: but before the decree shall be such decree may opened, the applicants shall give notice to the original combe opened plainant, or his representatives, of the intention to make the Terms on which application, and shall file a full answer to the original bill, pay all costs, and make an affidavit, that during the pendency of said suit, he or she received no actual notice thereof, in time to appear in court and object to said decree: Provided, That the Title of hona fide title to any real or personal estate, the subject of the former purchaser not adecree, which, by it, or in consequence of it, shall have passed into the hands of a bona fide purchaser, shall not be affected by any proceedings under this section. fected thereby Sec. 61. When any suit in chancery is pending, and either Party to suit in party thereto shall die, the same may be revived for or against chancery dying, suit may be rethe executors, or administrators, heirs, legatees, or devisees, of vived as at law the deceased intestate or testator, in the same manner as any suit may be revived at law, by or against the executors, administrators, heirs, legatees, or devisees, of any decedent. appointed Their power's Sec. 62. The supreme court, and court of common pleas, Master commismay appoint in each county, such number of persons as they sioners may be may think necessary, to be master commissioners in chancery, Term of office who shall hold their offices for the term of three years, unless removed by the court for good cause: and said commissioners shall have power to take depositions in cases at law and equity;d duties to issue process to compel the attendance of witnesses, which shall be served as other process in chancery; and to do all such other acts of a ministerial nature, commonly performed by masters in chancery: who shall be allowed such fees for taking depositions, as are pointed out by law; and for all other services rendered, such fees as are allowed for similar services, to other officers, or shall be assessed by the court, and taxed in the bill of costs. Their fees what they shall Sec. 63. Petitions in chancery, which shall be hereafter filed Bills to perpefor the purpose of perpetuating evidence, shall set forth spe-tuate testimony, cially the subject matter, relative to which such evidence is to contain be taken, the names of parties, if known to complainant; but if not known, then such general description as he may be able to give of the person, as heir, devisee, alienee, or otherwise, as the representative of some person, who shall be named in such petitions: and the defendants in such petitions shall be brought brought in as in into court in the same manner as in other cases. any Defendant other cases gatories be not notified, Sec. 64. The complainant, before he takes any evidence, Complainant under order which may be made in such case, shall file in shall file the court the names of the witnesses, and the interrogatories to be names of witnes propounded to each witness; and where actual notice has not ses and interrobeen served on the defendant, the court, or one of the judges And if defendant thereof in vacation, shall appoint some attorney of the court, to court may ap examine the petition and interrogatories, and to file cross in- point attorney to terrogatories thereto, which shall be forwarded with the inter-file cross inter: rogatories to the officer taking the depositions, and these shall be fully answered to by such witness: and no question, other than those filed in court, shall be put to such witness, nor any statement be received from him, which is not responsive to some one of the interrogatories: and the attorney filing the rogatories |