After answer

shall be in contempt, and his petition dismissed. with costs.

Sec. 26, Berit further enacted, That after no plea to be answer filed, and no plea in abatement to the made jurisdiction of the court, no exception for want... of jurisdiction shall ever afterwards be made, nor shall the court ever thereafter delay or refuse justice, or reverse the proceedings for want of jurisdiction, except in cases of controversy... respecting land, lying without the jurisdiction. of such courts, and also of infants and feme coverts.c

Proceedings. Sec. 27. BE it further enacted, That if a when a cross cross petition be exhibited, the defendant to the.... petition is first petition shall answer thereto, before the de-. fendant to the cross petition shall be compelled to answer such cross petition.

exhibited

Rules as to pleading

Amend ments how

made

Rules of

continued

Sec. 28. Be it further enacted, That all rules, common or special, by consent of the parties or their counsel, shall be entered of course with the clerk, whether in term time, or in vacation.

Sec. 29. BE it further enacted, Thatall amend.. ments shall be made with or without costs, and on such equitable terms as the said courts shall direct.o

Sec. 30. Be it further enacted, That parties pleading &c. to suits in chancery shall take notice at their peril of the filing of answers, demurrers, pleas, replications and other pleadings, and of the pronouncing and signing decrees.

Sec. 31. Be at further enacted, That if the.. Continued complainant proceed to a hearing on the petition. and answer only, the answer shall be taken to be true in all points, and no evidence shall be received unless it be matter of record, to which the answer refers, and is provable by the said record.

Sec. 32. Be it further enacted, That every

cause in the chancery side of either of the said Continued courts, shall be deemed to be at issue on filing a replication, and it shall not be necessary to issue a subpoena, or enter a rule to rejoin in any

case.

Courts on

Sec. 33. Be it further enacted, That the mode Rules of evi of proof by oral testimony, and examination of dence witnesses in open court, shall be the same in the chancery side as in the common law side of cither of the said courts, and it shall be the duty, of the said courts respectively, to cause the facts Duty of on which they found their sentence or degree, pronouncing fully to appear upon the records, either from the sentence or pleadings and decree itself, or from a state of the decree case agreed by the parties or their counsel, and where the parties or their counsel cannot agree. on the facts, then, the court may either cause the examination of the witnesses to be reduced to writing by some person named by the court, which being read to, approved of, and signed by the examinant, shall be entered on record, and made use of on the trial of the cause, either at that time or at any future hearing of the same, or the court may direct the facts to be enquired of by a jury, empannelled and sworn under the Court may direction of the court for, that purpose, who empannel a shall bring in a special verdict, which verdict jury to en quire into shall in like manner be entered on the record, facts. and made use of on the trial of the cause as aforesaid; and if any matter of fact whatever shall render the intervention of a jury necessary, then the court is hereby authorised to direct an issue for the trial of the same.

Sec. 34. Be it further enacted, That every Causes to cause shall be set down for hearing at the next stand for trial stated term after the filing of the replication, or next term on failure thereof the complainant's petition shall after filing be dismissed with costs, unless the court, on

replication

Proviso

just cause and reasonable terms, allow further time for the said hearing, and if the said hearing be not had within the time so limited or allowed, then the court shall dismiss the said petition with costs: Provided always, That there be ten days between the filing of the replication and the next stated term, and if there be not, then the hearing shall be had at the subsequent stated term.

Complt: fail Sec. 35. Be it further enacted, That if the ing to attend complainant shall not attend at the time appointpetition to be ed for the hearing of the cause, his petition shall dismissed be dismissed with costs.

Deft. failing to attend

how to pro

feed

to be used on

Sec. 36. Be it further enacted, That if the defendant shall not attend at the time appointed for the hearing of the cause, the petition, answer, replication, documents and proofs shall be read, and the witnesses examined on the part of the complainant, and the court shall thereupon decree in favor of the complainant, or dismiss his petition, as the case may require.

Sec. 37. Be it further enacted, That the pePetition, &etition, answer, pleadings, papers, documents and proofs filed in the cause, shall be used at the argument or hearing for which no charge shall be made by the clerk, except for filing.

trial

Sec. 38. Be it further enacted, That a petiA rehearing tion for a re-hearing shall be signed by counsel, of any case, and preferred within thirty days after making how obtained the order on the hearing, and the prayer of such

petition shall be allowed or disallowed at the discretion of any two judges of the court making the order on the hearing of the whole state. of the case.

Sec. 39. Be it further enacted, That when Duty of clk. any cause in chancery shall be finally determinin making up ed, the clerk of the court shall enter together in full record order, the petition, answer, pleadings, reports,

decretal orders, statements of facts found by the jury, or agreed by the parties, and decree in such cause, in a book to be kept for that purpose, which shall be signed by the court at the next term, as of the day on which such decree was pronounced; but such decree shall not contain any recital of the petition, answer or other pleadings.

Sec. 40. Be it further enacted, That the de- Decree to cree of either of the said courts sitting in chan- have the cery shall, from the time of their being pronounc- same effect ed, have the force, operation and effect of a judg as a judgt. ment at law, from the time of the actual entry of such judgment.

at law

operate in

Sec. 41. Be it further enacted, That where a Decree for decree shall be made for a conveyance, release conveyance, or acquittance in either of the said courts, sitting c. how to as a court of chancery, and the party against certain cases whom the said decree shall pass, shall not comply therewith by the time appointed, then such decree shall be considered and taken in all courts of law and equity, to have the same operation and effect, and be as available as if the conveyance, release or acquittance had been executed conformably to such decree.

Sec. 42 Be it further enacted, That to the Defendant end that all decrees of either of the said courts, failing to sitting as a court of chancery, may be speedily decrea comply with executed and fulfilled, the complainant having obtained a decree, and the defendant not having complied therewith by the time appointed, it shall be lawful for the said court, on the application of the complainant, to issue process for the immediate sequestration of the real and personal questration estate of the defendant, or so much thereof as may issue may be sufficient to satisfy the demand of the complainant, in the decree specified, with costs, er to issue a writ of fieri facias against the goods

a writ of se

Fieri facias &c. to issue

-3

and chattels, or à fieri facias et levari facias, against the goods and chattels, lands, tenements and real estate of the defendant, upon which sufficient property shall be taken and sold to satisfy the said demand with costs, or to issue a writ of habere facias possessionem, or to issue a capias ad satisfaciendum, against the defendant, upon which writs of fieri facias, and fieri facias et levari facias, and habere facias possessionem, and capias ad satisfaciendum, there shall be the same proceedings as at law; or to cause, by injunction, the possession of the effects and estate demanded by the petition, and whereof the possession or sale is decreed, and as the nature of the case may require, and in case of sequestration, the court shall order payment and satisfaction to be made out of the estate so sequestered, according to the true intent and meaning of the decree. Property Sec. 43. Be it further enacted, That a writ when bound of fieri facias shall bind the property of the goods by fieri facias of the person against whom it is issued, from the time it was actually executed by the sheriff or officer, as at law.

Officer neg

Sec. 44. Be it further enacted, That if the lecting to sheriff or other officer, shall neglect or refuse to execute any execute any process of sequestration, to him diprocess, &c. rected and delivered, or to make payment of the

rents, issues and profits of the estate, so ssquestered, according to the order of the said court, or where the execution shall be by fieri facias or fieri facias et levari facias, shall neglect to file a just and true inventory of the goods and chattels, lands, tenements and real estate, so levied on and seized, unless he return, that he hath levied to the amount of the demand or sum therein specified with costs, or shall voluntarily or negligently omit, for the space of six days, to render to the complainant or his representative or counsel, after