Defendant not appearing to be defaulted and damages assessed.

any inevitable misfortune or accident, the plaintiff shall be prevented from entering his action upon the first day of the sitting of the Court, he may upon making the same appear to the Court, enter his action at any time before judgment is given for cost to the defendant.

SEC. 15. Be it further enacted, That when any defendant shall be duly served with process, and return thereof shall be made into the Court where the same is returnable, and he shall not appear by himself, or his attorney, his default shall be recorded, and the charge in the declaration shall be taken and deemed to be true, and the Court shall thereupon give such damages as they shall find upon inquiry that the plaintiff shall have sustained, unless the plaintiff shall move to have a Jury to inquire into the damages, in which case the Court shall enter up judgment for such damages as the Jury shall Provided nevertheless, That if the defendant shall come into Court at any time before the Jury is dismissed, ment of costs. and shall pay down to the adverse party the costs he has been at, thus far, or so much thereof as the Court shall judge reasonable, then the Court may admit the defendant to have the same day in Court, as if his default had never been recorded.

Default may be taken off, in

case, on pay

Circumstantial

motion, &c.

assess:

errors &c. may SEC. 16. Be it further enacted, That no summons, writ, be amended on declaration, plea, process, judgment or other proceedings in the Courts or course of justice, shall be abated, arrested, quashed, adjudged insufficient or reversed, for any kind of circumstantial errors or mistakes, when the person and case may be rightly understood by the Court, nor through defect or want of form only; and the Court, on motion made, may order amendments, but shall not allow costs, or grant a continuance in consequence thereof.

On nonsuit, &c.

party prevail.

bis costs.

SEC. 17. Be it further enacted, That when any plaintiff ing entitled to shall in any stage of his action become nonsuit, or discontinue his suit, the defendant shall recover his costs against him, and in all actions, as well those of qui-tam as others, the party prevailing shall be entitled to his legal costs.

On plea of disclaimer, and thar trespass

ry, defendant may tender amends,

SEC. 18. Be it further enacted, That in all actions of trespass, quare clausum fregit hereafter brought wherein was involunta the defendant shall in his plea disclaim all right, title and interest to the land in which the trespass is by the declaration supposed to be done, and the trespass be involuntary or by negligence, the defendant shall be admitted to plead a disclaimer, and that the trespass was done involuntarily or by negligence, and a tender or offer of sufficient amends for such trespass before the action brought; or the defendant may have leave to bring money into Court to satisfy the damage the plaintiff has sustained; and in case the Jury shall not assess greater damages for the trespass than the money tendered, or brought into Court, the defendant shall recover of the plaintiff his reasonable costs.

or bring money

into Court.

Proceedings in

such case.

tions defendagt

count in offset;

time when and

SEC. 19. Be it further enacted, That when an action In certain acshall be brought to recover a debt due on book accounts, an may file acaccount stated by the parties, a quantum meruit, quantum valebat or for services done upon an agreed price, or upon simple contract or promise in writing not under seal, the defendant may file any account he hath in the Clerk's office place where. seven days before the sitting of the Circuit Court of Common Pleas, where the action is brought, or if the suit is before a Justice of the Peace, the accounts shall be filed before the Justice four days before the day of trial, and upon the general issue give the same in evidence against the plaintiff's demand. And if upon the trial it shall appear that there is a balance due to the defendant he shall recover the same in recover any bal. the same manner as if he had brought his action therefor. ance due him. And where a plaintiff shall at the same Court bring divers ac- Regulation as tions upon demands which might have been joined in one, he to costs in cershall recover no more costs than in one action only.

Defendant may

tain cases.

defendant may

SEC. 20. Be it further enacted, That when any person In real actions or persons shall be sued in ejectment, or other real action, disclaim in part for any lands, tenements or hereditaments, they shall be or whole. holden to answer for so much or such part of the premises demanded as they then hold or are in possession of which they shall distinguish and set forth by their plea, and disclaim the rest; and if any of them disclaim the whole, and the Proceedings in plaintiff cannot prove the defendant's possession of the premises, or any part thereof the defendant shall recover his

costs.

such cases.

or sever in ac

itance descend

mon ancestor.

&c. may in cer

filing a brief

SEC. 21. Be it further enacted, That in actions of waste, Heirs may join ejectment, or other real actions, where possession of the in- tions for inher heritance alleged to have descended, is the object of the suit, ed from a comthe heirs claiming under a common ancestor, may all or any two or more of them join therein, or each may prosecute for his particular share of such inheritance, and the same rule shall extend to joint tenants who are or may be disseized. SEC. 22. Be it further enacted, That in all actions now de- Justices, Sherpending or that may be hereafter depending in any Court iffs, Coroners, within this State wherein the defence intended to be set up tain cases, on by the defendant, is or may be, that he was a Justice of the statement, give Peace, Sheriff, Deputy Sheriff, or Coroner or a town or par- in evidence. ish officer, or some other officer, civil or military, and that the act or thing for which he is or may be sued, is or may be any act or thing done by him by virtue, or in the execution of his office, the defendant may plead the general issue, and give the special matter in evidence upon filing in the cause a brief statement of such special matter of defence within such time as the Court shall order, of which statement the plaintiff shall be entitled to a copy, or he may plead specially at his election.

special matter

account defend

SEC. 23. Be it further enacted, That upon a judgment ren- In actions of dered in any Circuit Court of Common Pleas, that the defend- ant may appeal

tory judgment,

ment of audit

ors.

from interlocu ant shall account, it shall be in the power of the party against before appoint whom such judgment shall hereafter be given, to appeal therefrom, if such party shall think proper, before the same Court proceed to appoint auditors; and in case no appeal shall be made from the first judgment, that the defendant shall account, an appeal from the final judgment after the cause has been before auditors, shall not entitle the original defendant to try the issue of bailiff or not bailiff before the Supreme Judicial Court, but the first judgment that the.defendant shall account shall remain in full force, and he shall account accordingly; and in case the defendant shall not enter and prosecute his apnot so appeal. peal from the first judgment the same upon complaint may be affirmed; and auditors may thereupon be appointed in the same manner they would have been in the Circuit Court of Common Pleas, had no appeal been made from the first judgment.

Proceedings

when he does

When defendant shall refuse to appear be fore auditors

ings may be had.

SEC. 24. Be it further enacted, That when any person against whom judgment shall be given, that he shall account, shall unreasonably refuse or neglect to appear at the time and place what proceed assigned by the auditors, or after appearing, shall refuse or neglect to render an account, the auditors may certify such refusal or neglect to the Court from which their appointment issued; and the same Court may thereupon cause damages to be assessed, by a jury, and enter up judgment for the damages so assessed, with reasonable costs, or they may render judgment against the defendant as upon default.

Anditors may

any action,

SEC. 25. Be it further enacted, That whenever in any acbe appointed in tion before the Supreme Judicial Court, or any Circuit Court when Courts of Common Pleas, it shall appear to said Courts that an indeem it proper; vestigation of accounts, or an examination of vouchers is necessary for the purposes of justice between the parties, it shall be lawful for the said Courts to appoint an auditor or auditors, to state the accounts between the parties, and to make report thereof to the Court as soon as may be; and the retheir report to port so made shall under the direction of said Court, be given be given in evi- in evidence to the Jury; subject, however, to be impeached by evidence from either party; and the said Court shall award reasonable compensation to such anditor or auditors, which shall be taxed in the bill of costs to be recovered by the party prevailing in the suit, as in other cases.

dence to the

Jury.

State Treasurer, county, town and par

may sue and prosecute ac tions, &c.

SEC. 26. Be it further enacted, That the Treasurer of this State, the Treasurers of counties, towns, parishes, and other ish Treasurers Corporations, for the time being, be and hereby are authorized and empowered, in their own names and capacities, respectively to commence, and prosecute to final judgment and execution, any suit or suits at law, upon any bonds, notes or other securities, which have been or shall be given to them or their predecessors in said capacity; and to prosecute to final judgment and execution, any suits which have been or shall be commenced by their said predecessors in said capacity during their continuance in office, and pending at the time of their removal therefrom.

pending, if eith

what proceed.

SEC. 27. Be it further enacted, That if pending a writ of re- Writ of review view between the original parties whether in a real or person-er party die. al action, either of them shall die, his death shall, at the re-ings are to be quest of the attorney for either party, be entered upon the bad. records of the Court, and the cause shall thereupon be continued, to the end the heirs at law of such deceased party or other person interested in the tenements in question, as aforesaid, or his executors or administrators may come into Court, and take upon them the prosecution or defence of the same suit to final judgment. And after a reasonable time, according to the discretion of the Court, granted for this purpose, neither of them shall appear as aforesaid, or appearing shall afterwards become nonsuit, or be defaulted, then the same proceedings and judgment shall be had therein, mutatis mutandis, as would have been had between the original parties.

sentatives of

tion for review

SEC. 28. Be it further enacted, That whenever either of Legal reprethe parties to any judgment shall die before a review has been party may petigranted, the legal representatives of such deceased party may in certain case. petition for such review or become parties to the same as respondents.

ministering

&c.

SEC. 29. Be it further enacted, That in the administration Manner of adof oaths in this State, the ceremony of lifting up the hand, as caths in Courts, heretofore used, shall be practised, with such exceptions as to Mahometans and other persons, who believe that an oath is not binding, unless taken in their accustomed manner, as the several Courts shall find necessary in the execution of the laws.

Common Pleas

num does not

to costs in that

damage does

SEC. 30. Be it further enacted, That no actions shall be Actions not sussustained in any Circuit Court of Common Pleas within this tained in C. C. State, where the damage demanded does not exceed twenty where ad damdollars, unless by appeal from a Justice of the Peace, saving exceed 20 doll's. such actions wherein the title to real estate may be concerned; and if upon any action originally brought before the Regulations Circuit Court of Common Pleas, judgment shall be recovered Court when for no more than twenty dollars debt or damage; in all such not exceed 20 cases the plaintiff shall be entitled for his costs, to no more than one quarter part of the debt or damage so recovered: Provided always, That where judgment shall be rendered up- Proviso as to on the report of referees, full costs shall be taxed for the par- report of refer ty recovering notwithstanding the judgment be under twenty dollars, unless a different adjudication respecting the costs shall be made by the report itself.

dollars.

judgment on

ees.

ties where no

SEC. 31. Be it further enacted, That all penalties and for Actions of debt feitures incurred under the provisions of any statute of this to lie for penal State, for the recovery of which no mode is prescribed, shall other provision and may be sued for and recovered by action of debt in any Court proper to try the same.

is made.

be recovered by

SEC. 32. Be it further enacted, That all penalties and for- Penalties may feitures given or limited by any Act of this State, in whole or indictment in part to the use of this State, may be recovered by indict- where State is ment in any Court proper to try the same.

interested.

Printed copies SEC. 33. Be it further enacted, That the printed copies of of private Acts and Resolves, the private Acts and resolves of this State, which now are, or by authority, good evidence hereafter shall be printed by and under the authority of the Legislature of this State, shall be admitted as good evidence thereof in all Courts of law, without any further proof what

in Courts.

Action of debt

on any judg

in this State.

soever.

SEC. 34. Be it further enacted, That upon the judgment for may be brought debt, damages or costs, which has been, or which shall be iment rendered rendered and recorded by any Court of record, or any Justice of the Peace of this State, and remaining in force and unsatisfied, an action of debt may be brought in the same Court, or before the same Justice where such record remains, or in any Court of record, or before any Justice of the Peace, holdIn what county ing Pleas for the county in which either of the parties to such

or Court.

Action of debt may be brought on judgment rendered in any other State;

In what county or Court.

Judgment to be

Curtea cord ing to Act of

Congress.

In such action

and costs.

judgment, their executors or administrators shall dwell and reside at the time of bringing such action, and proper to try the same. And such judgment may be certified by the Clerk, for the time being of the Court, or by the Justice of the Peace, with whom such record remains.

SEC. 35. Be it further enacted, That upon the judgment for debt, damages or costs which has been, or which shall be rendered and recorded by a Court of record in any other of the United States, or by a Court of record of the United States and remaining in force and unsatisfied, an action of debt may be brought in any Court of record of this State, holden for the county in which either of the parties to such judgment, their executors or administrators shall dwell and reside, or in which any valuable goods, credits, or estate of any debtor, in such judgment shall be found at the time of bringing such action: Provided, That such judgment shall be certified in the manner which is, or shall be prescribed by any general law of the Congress of the United States.

SEC. 36. Be it further enacted, That in the action of debt, interest to be which shall be duly maintained upon any judgment as aforeeast on damages said, lawful interest shall be allowed, as well upon the costs as upon the debt or damages, or the balance thereof due and recoverable, and judgment shall be rendered thereon accordingly.

How executions are to be made returnable.

Clerks may grant summons

civil cases.

SEC. 37. Be it further enacted, That all executions issued upon any judgment in civil causes, shall be made returnable at such times as are provided by the several laws of this State; and in all cases where a writ of execution shall issue, there shall be expressed therein the time and place when and where the same shall be returnable.

SEC. 38. Be it further enacted, That the Clerks of the sevfor witnesses in eral Courts within this State, may, and are hereby respectively empowered to grant summons for witnesses in civil Penalty for wit causes, directed to the persons to be summoned. And if any ing summons,on person who shall be served with lawful process, or summons Tender of fees to testify, depose, or give evidence concerning any cause or

ness not obey