Gambar halaman

whom allowed.

Sec. 39. The supreme court, or any judge thereof, and the court of common pleas, or any president judge thereot, shall Writs of ne have power to grant writs of ne exeat, to prevent the depar- exeat, how at:

lowed. ture 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.

Seco 40. If the defendant shall, by his answer, satisfy the when wrii inay 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 who 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 after judgment, of any of the courts of law.

Sec. 42. No injunction shall be allowed by the sapreme Wlien supreing court, or any judge thereof, to stay proceedings at law, before court shall not al

malow injunction. or after judgment, unless the matter in dispute be of sufficient value to give original jurisdiefion to the court of common pleas; and no injunction shall be allowed by the court of com

When common mon pleas, or any judge thereof, in such cases, unless the mat- pleas 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 must the court or judge shall direct the amount in which security be verified. shall be given by the complainant.

Sec. 43. No injunction shall operate to stay proceedings at Injunction law, before or after judgment, until the party obtaining the operative, I same, shall give bond, with sufficient security, to be approved be 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 subpæna, “Injunction allowed and bail given,” and sign his name thereto; w and in no case shall it be necessary to issue the writ of in-issue. junction.

Sec. 44. In all cases where an injunction may be hereafter when injunes allowed, to stay proceedings at law, io an action for recovery tion staying the of money only, upon the dissolution of the injunction, and dismissal of the petition in the court of common pleas, the court what decree ita shall render a decree in favor of the respondent. (plaintiff at aozer

pleas shall not.

show cause, and

oond given.


collection of mo. ney is dissolved.


t. (plaining theme para el mo

per cent,

appeal, and su: preme court dis

the like decree,

When officer has

law) for the debt or damages, interest and costs recovered at Donolu of five 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 18 complainant rendered in the court of common pleas to the supreme court,

fie in any case specified in the foregoing section, and the said inSolve injanction, junction shall be dissolved, and petition dismissed in said suand ten per cent

accres: preme court, they shall render a decree for the debt or damanenalty. 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 received money whole, or any part of the money, for the collection of which, on execution, any execution has issued, and the person against whom such and further pro. ceedings are en execution has issued, his executors or administrators, shall objoined, money' tain an injunction, to stay the proceedings under such execushall be repaid. tion, the sheritl, 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.

Sec. 47. If any sheriff, or other officer, shall fail or refuse, ing to on demand made by the complainant, his executors, adminisrepay, may be

trators, 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 tbat 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 order, such mo, as to prevent the court or judge from ordering the money so mey to be paid into court, or re- made, on execution as aforesaid, to be paid into court, or retana tained by the ed in the hands of the officer, until the said injunction shall be

dissolved or made perpetual

Sec. 48. If the person against whom an injunction to stay

140 waste, shall be allowed, after the service and notice thereof, stay waste, may shall do, commit, consent, direct, or suffer to be done or com

"mitted, any waste or destruction of, or upon the premises, con

trary to the injunction, the court, or any judge of the supreme court, or president judge of the court of common pleas, in the becess of the courts, op 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

the court or judge, by virtue of said attachment, and it shall (oilempt, nay be fined, and or appear to the court or judge, as aforesaid, that such waste or

Oficer failing to


Person disobey. ing injunctio

be attached for contempt.

Derson thus in

restitution; and in detault, be


usual in

How decrees and

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 res

W 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 be shall fully comply with such order, or be otherwise legally discharged. Sec. 50. The supreme court, or any judge thereof, and the

a Injunctions may court of common pleas, or any president judge thereof, may al- be allowed in aí low iojunctions in all cases, (other than to stay waste or pro- cases where ceedings at law, as herein are provided for) where it is usual den 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.

Sec. 51. The courts of chancery shall bave power to enforce their decrees and orders, by attachment or sequestration; and

orders may be if necessary, to award and issue such tinal 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 oveyed, 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, Officet 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.

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 fem

tempt may be

defined and impriand 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 costs in chance. cases, to award and tax costs on equitable principles, at their ry, how taxed discretion, except where it is otherwise directed by this, or apy and co 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 represente

chancery, to be


attachment coptempt

nd collected


Llen not affected

Appeals from tive of such person, may appeal to the supreme court, from any common pleas to final sentence or decree, pronounced and inade in any cause or supreme court, allowol in chan suit in chancery, in the court of common pleas, on giving notice cery as at law and security within the time required by law, in cases of ap- *

peals of suits at law; and no lien created by said sentence and

decree, on any real estate, shall be vacated or removed by said thereby

appeal, but shall remain until the final adjudication of the cause in the supreme court.

Sec. 56. Petitions for re-hearing, shall be signed by counsel, Rehearing

and preferred within thirty days after the making of ihe order, on the hearing; and the prayer of such petitions shall be al lowed 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 far sc. 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 tive years next after

I rendering such decree, unless the person entitled to such peti. Exception in tion for review, was an infant, feme covert, non compos mentis case of disability

or imprisoned, then within five years after the removal of such disability.

Sec. 58. If the petition for review, be brought upon errors

of law appearing in the body of the decree, or proceedings Petions for re.Tawappoa 16 10 W 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 matter of course

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 de Proceedings on cree, until the further order of the court, or until final decree former decree cree, until the iurtner order of the may be stayed is made on the petition for review: Provided, The motion

to stay proceedings, be made at the term at which the petiProvisor

tion for review is exhibited, and with leave filed; or if filed in vacation, then at the next succeeding term; and if proceed. ings 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.

Sec. 59. If proceedings are not stayed by order of the If not stayed, caurt, the party against whom such former decree was render

ee ed, shall fully comply therewith, and the court may, if they must be complied

deem it necessary, require security for costs to be given, on the petition of review.

Sec. 60. Parties against whom a decree bas been rendered, parties having without other notice than the publication in the newspaper, as

pl 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 Terms on which such decree may pened, an opened, the applicants shall give notice to the original com

a be opened plainant, or his representatives, of the intention to make the





Decroes against

no notice except by publication,


and daties

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

fected thereby decree, 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.

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,

psuit may be rethe executors, or administrators, heirs, legatees, or deviseen, of vived as at Taw the deceased intestate or testator, in the same manner as any suit may be revived at law, by or against the executors, admi. nistrators, heirs, legatees, or devisees, of any decedent.

Sec. 6. 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,

Yo 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; 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

Their fees 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.

Sec. 63. Petitions in chancery, which shall be hereafter filed Bills to for the purpose of perpetuating evidence, shall set forth spe- tuate testimony, cially the subject matter, relative to which such evidence is too 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 beir, devisee, alienee, or otherwise, as the representative of some person, who shall be named in such paper petitions: and the defendants in such petitions shall be brought brought in as in into court in the same manner as in other cases.

other cases Sec. 64. The complainant, before he takes any evidence,

Complainant under any order which may be made in such case, shall file in Shantile court the names of the witnesses, and the interrogatories to be names of witnespropounded to each witness; and where actual notice has not se been 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

de autorey or courly 1 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 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


to perpe.

what they shall contain


ses and interro.


be not notified,

« SebelumnyaLanjutkan »