tendered.

matter depending in any of the Courts aforesaid, or before any Justice of the Peace, and who shall have a sum of Amount to be money tendered to him which shall be equal to his legal fees for travel to the place where the Court is held, and one day's attendance, do not appear according to the tenor of the process or summons, having no reasonable let or impediment to the contrary, such person shall be liable to the action of the aggrieved party for all damages by him sustained by such default, and the Court or Justice of the Peace shall have Court may is power by attachment to bring such contemptuous witness in against such to Court, or before him, and to fine him at discretion, not exceeding the sum of twenty dollars, and shall order him to pay the cost of such attachment.

sue attachment

witness.

Pleas to Sup.

from judgment

abatement or

Agreements for

SEC. 39. Be it further enacted, That when any person in Appeal allowed whose favor a judgment is given at the Circuit Court of fron C. C. C. Common Pleas, shall appeal therefrom, where an appeal is Jud. Court. by law allowed, because the damages given are too small, he shall be entitled to a Jury at the Supreme Judicial Court to inquire into the damages, without any further notice to the appellee. And when in the Circuit Court of Common Pleas Appeal may be judgment shall be given either upon abatement or demurrer, on plea in the party against whom judgment is given, shall have the demurrer. privilege of appealing, in case the action is appealable without any further proceedings had in the Circuit Court of Common Pleas. And all agreements for waving pleas, and for amendments, and for making new pleas at the Supreme waving pleas Judicial Court made and entered upon the records of the Circuit Court of Common Pleas shall be binding on the be binding. ties throughout the whole process of the suit. SEC. 40. Be it further enacted, That where any person be found in the shall be feloniously stricken, poisoned or injured in one coun- county where ty in this State, and die of the same stroke, poisoning or inju- ed, though morry in another county thereof; that then an indictment there- tal wound were of, found by the Grand Jurors of the county where the death er county : shall happen, before the Justices of the Supreme Judicial Court there held, shall be as good and effectual in law as if the stroke had been given, or poisoning, or injury done in the same county where the party shall die, or where the said indictment shall be found.

par

and for amend ments, &c. tu

Indictment to

death happen

given in anoth

So if mortal

seas.

SEC. 41. Be it further enacted, That where any person wound were shall be feloniously stricken, poisoned or injured, on the high given on high seas and without the limits of this State, and die of the same stroke, poisoning or injury, in any county thereof, that then an indictment thereof found by the Grand Jurors of the county where the death shall happen before the Justices of the Supreme Judicial Court there held, shall be as good and ef fectual in law as if the stroke had been given, or poisoning or injury done in the same county where the party shall die. SEC. 42. Be it further enacted, That if any person shall be Proceedings indicted of any offence against this State for which the pun

when a person

mute.

indicted stands ishment is or shall be declared to be death, and shall stand mute, or refuse to plead, the Court shall proceed to the trial of the person so standing mute in the same manner as if he or she had pleaded not guilty, and shall render judgment accordingly. And no person who shall be indicted for any such offence, shall be allowed to challenge peremptorily above the number of twenty persons of the Jury.

be the

acquitted

charged and

SEC. 43. Be it further enacted, That when any person indicted of any felony, shall be by the verdict of the Jury of part of felony trials upon such indictment acquitted from part of such inconvicted of dictment, and convicted of the residue thereof, any such verresidue. dict may be accepted and recorded in the Court where such What judgment trial shall be; and thereupon such person so indicted, may Court may ren be adjudged to be guilty of the offence, if any, which shall

der.

on, on suspi

ed, unless in

term where two

in the year, or

Que.

appear to such Court to be substantially alleged in and by the residue of such indictment, if the same shall amount to a felony, and shall be sentenced and punished accordingly. Persons in pris- SEC. 44. Be it further enacted, That any person who shall cion, to be bail- be held in prison upon suspicion of having committed a crime ed or discharg for which he may have sentence of death passed upon him, dicted at second shall be bailed or discharged, if he is not indicted at the secCourts are held ond term of the sitting of the Supreme Judicial Court in the at first term, if county where the crime is alleged to have been committed, there be but when there are two terms a year in such county. And in such counties as have but one Supreme Judicial Court in a year, the defendant shall be bailed or discharged, if he is Provided he has not indicted at the first term: Provided, Such person shall six months. have been held in prison for the space of six months next preceding the day of the sitting of the Court. And when any and indicted, to person shall be held in prison under indictment, he shall be be tried or bail- tried or bailed at the first term next after his indictment, if he if demanded, demands the same, unless it shall appear to the Court that the witnesses, on behalf of the government, have either been enticed away or are detained by some inevitable accident from attending. And all persons under indictment for felony shall be bailed or tried at the second term after the bill shall be returned, if they demand it.

been in prison

It in prison

ed at first term,

after indiet

ment found.

Persons indict

ed to be tried

or bailed at second term.

Informations

and actions on

on behalf of in

and informerwhere to be

brought and

tried.

SEC. 45. Be it further enacted, That in all informations to penal statutes be exhibited, and in all actions or suits to be commenced former, or State against any person or persons, on the behalf of any informer, or on the behalf of the State, and any informer for or concerning any offence committed or to be committed against any penal statute, the offence shall be laid and alleged to have been committed in the county where such offence was in truth committed and not elsewhere, and if the defendant, in any such information, action or suit, pleadeth that he oves nothing, or that he is not guilty, and the plaintiff or informer in such information, action or suit, upon evidence to the Jury that shall try such issue, shall not both prove the offence laid in the said information, action or suit, and that the same offence.

was committed in that county, the issue shall be found for the defendant or defendants.

may plead gen

matter in evi

executed but

from Supreme

SEC. 46. Be it further enacted, That if any information, In such inforsuit or action, shall be brought or exhibited against any per- tion defendant son or persons for any offence committed against the form of eral issue and any penal law, on behalf of any informer, or on behalf of the give special State and any informer, it shall be lawful for such defendants dence. to plead the general issue, and give any special matter in evidence to the Jury, which shall be as available to him or them, as if he or they had sufficiently pleaded the same matter in bar, or discharge of such information, suit or action. SEC. 47. Be it further enacted, That no person upon whom No person to be sentence or judgment of death shall be passed or given by by warrant the Justices of the Supreme Judicial Court, shall be executed Executive, &c. in pursuance of such judgment, before the whole record of such proceedings or case be certified by the Clerk of the same Court, under the seal thereof to the Supreme Executive Authority of this State, nor until a warrant shall be issued by the said Supreme Executive Authority, under the great seal of this State, with a copy of the record thereunto annexed, directed to the Sheriff of the county wherein the trial of the person so convicted as aforesaid, was had, commanding the same Sheriff to cause execution to be done upon the person so convicted as aforesaid, in all things according to the judgment against him. And the Sheriff to whom such warrant shall be directed is hereby authorized and required to execute the same in due form of law.

An Act respecting the Attachment of Property on Mesne Process, and directing the issuing, extending, and serving of executions.

SEC. 1. BE it enacted by the Senate and House of Representa- Attachment to

hold for thirty

ment.

panies to bind

tives, in Legislature assembled, That all goods and estate at- days after judg tached upon mesne process for the security of the debt or damages sued for, shall be held for the space of thirty days after final judgment, to be taken in execution; and if the creditor shall not take them in execution within thirty days after judgment, the attachment shall be void. And the share or Attachment of shares, or interest of any person in any turnpike, bridge, ca- shares in com nal or other company which heretofore bas been, or hereaf- the same and ter may be incorporated, with all the rights and privileges dends." appertaining to such shares, may be attached on mesne process, and taken on execution; and the attachment of such shares or interest on mesne process shall hold the same, and also all dividends growing due after such attachment, to respond the final judgment which may be rendered thereon, until the expiration of thirty days after the rendition of such judgment.

growing divi

or taken on ex

to be left with

Rights in equi

execution.

When attached And when any such shares or interest shall be attached on ecution copies mesne process, or taken on execution without such previous Clerk, &c. attachment, an attested copy or copies of such writ of attachment or execution, shall, by the officer holding the same be left with the Clerk, Treasurer or Cashier of such compaty liable to at ny. And all rights in equity of redeeming lands mortgaged, tachment and reversions or the remainders, shall be liable to attachment upon mesne process and to be taken by execution upon judgment recovered for the payment of the just debts of the mortgager or owner; and when any right in equity of redeeming real estate which is mortgaged, shall be attached on mesne process, and pending the attachment such mortgaged real estate shall be redeemed by the mortgager, the attaching creditor shall have the same lien on such estate as though the attachment had been of the fee, and execution may be levied thereon accordingly.

In case of retaching creditor the fee of the

demption at

to have lien on

estate.

Franchises of turnpikes, &c.

ed.

SEC. 2. Be it further enacted, That the franchise and all may be attach the rights, privileges and immunities of any turnpike, bridge, canal or other company incorporated by law with power to receive toll so far as relates to the right of demanding and receiving toll, as well as all other corporate property, either real or personal, shall be liable to attachment on Copy to be left mesne process; and when such attachment shall be made with Clerk &c. or other service of a mesne process shall be made on any of the corporations aforesaid, the officer serving the same shall leave an attested copy of said process, and his return thereon with the Clerk, Treasurer, or some one of the directors of said corporation, thirty days at least before the day of the sitting of the Court to which the same may be returnable.

thirty days be fore Court.

Execution may

issue 24 hours

if no appeal.

Executions

ble.

SEC. 3. Be it further enacted, That the party obtaining after judgment, judgment, in a civil action, in any Court of Judicature within this State, shall be entitled to have his execution thereon at any time after the expiration of twenty-four hours after judgment rendered, and within one year next after the entering up of such judgment: Provided, That there be no appeal granted. And execution issuing from the Circuit Court of when returna. Common Pleas, shall be made returnable within three months, unless the Circuit Court of Common Pleas shall sit within that time, and in that case it shall be made returnable to the next Court; and those issuing from the Supreme Judicial Court, shall be made returnable at the end of six months, unless the Supreme Judicial Court shall sit in the said county within that time, and in that case it shall be returnable to the same; and those issuing from a Justice of the Peace shall be made returnable within sixty days from the day of issuing them; and when such executions shall be returned without any satisfaction made, or satisfied only in part, the Clerk of the Court from whence, or Justice from whom such execution issued, shall, upon application of the creditor, make out an alias or pluries execution for the whole, or the remainder, aş

after a year

the case may be, till the judgment shall be fully satisfied: Not to issue but if the party shall neglect for the space of one year next without a scire after obtaining judgment, to take out his execution, or shall facias, not within one year next after his execution shall be returned not satisfied, take out his alias or pluries, he shall sue out his writ of scire facias against the adverse party, to show cause, if any he hath, why execution ought not to be done; and, upon his not showing sufficient cause, the Court shall award tion of debt on execution for what remaineth, with additional costs; or the creditor may bring his action of debt on the judgment.

or may have ae

the judgment.

Provided par

same capacity.

SEC. 4. Be it further enacted, That whenever it shall hap-officers to offpen that any sheriff, coroner or other officer authorized by set executions, law to serve executions, shall at the same time have several executions wherein the creditor in one execution is debtor in the other, any such officer is hereby empowered and directed to cause one execution to answer and satisfy the other, so far as the same will extend: Provided always, That this Act shall not be construed to extend to any judgments or execu- ties are in the tions wherein the creditor in one execution is not in the same capacity and trust, debtor in the other: And provided also, and that attor That nothing in this Act shall be construed to effect or dis-y's lien for charge the lien which any attorney has or may have upon shall not be any judgments or executions for his fees and disbursements, impaired. or to effect the rights of any person to whom or for whose benefit the same judgments or executions, or the original cause of action thereof may have been assigned, bona fide; and without fraud.

and as

signee's rights

on execution to

sale

ed 48 hours be

SEC. 5. Be it further enacted, That when any goods or Goods seized chattels shall be taken to satisfy an execution issuing upon a be kept four judgment obtained, such goods or chattels shall be safely days before kept, by the officer, at the expense of the debtor, for the space of four days next after they are so taken; and if within that time, the owner shall not redeem the same by otherwise satisfying the execution, such goods and chattels shall be sold at public vendue to the highest bidder, having first been adver- to be advertis tised by the posting up notifications of the time and place of fore salesale, forty-eight hours before the expiration of the four days in the town or place where the sale is to be; and the money arising upon such sale shall be applied to the paying charges and the satisfying the execution, and the officer shall return the overplus, (if any there be,) to the debtor. And the officer who is possessed of the execution shall make return of the officer to make same with his doings therein, particularly describing the goods taken and sold, and the sum for which each article was struck off; and if any officer shall be guilty of any fraud in the sale or in the return, he shall be liable to the debtor to pay him fraud therein.. five times the sum defrauded, to be recovered by action of the

case.

turn

penalty for

SEC. 6. Be it further enacted. That an attested copy or Leaving copy. copies of the execution left with the Clerk, Treasurer or Cash- of execution