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the executor or
tions to perpe
blish rules of practice not re.
When party dies maintain an action of trespass, or trespass on the case, for mesne froughe, certain profits; or for an injury done or suffered to his estate, real or causes of action personal; or for any deceit or fraud committed in the sale or to survive, and
of exchange thereof; or, if any person liable to either of sach administrator actions shall die before such action shall be brought, the cause may sue and be of such action shall nevertheless survive: and any such action
may be brought by the executor or administrator of the deceased party, having such right of action, or it may be brought against the executor or administrator of the deceased party, liable to such action; and it may be proceeded in to final judg. ment and execution, as in other cases for or against executors and administrators.
Sec. 75. That the said courts, or any president judge there.
nus of in vacation, shall each have power to grant a commission, potestatem, and or dedimus potestatem, to take depositions, according to the direct deposi. common neades of con
common usages of courts, where it may be necessary to pre tuate testimony vent the delay or failure of justice; and each of said courts, to be taken. sitting as a court of equity, shall have power, on application
for that purpose, to order and direct depositions to be taken in perpetuam rei memoriam, relating to any matter cognizable by such court, according to the usage of courts of equity in like cases.
Sec. 76. That it shall be the duty of the judges of either Courts may esta- of said courts, from time to time as occasion may require, to
re, make rules and orders for their respective courts; to direct the pugnant to law. mode of taking rules and entering and making up judgments
by default or otherwise, in a manner not repugnant to the laws of this State; to regulate the practice of the said courts respectively, as shall be fit and necessary for the advancement of justice, and especially to prevent delay in proceedings, and cause such rules to be entered on the journals of the court of
such county: and, in order that the rules of practice and proAules of supreme ceedings of the several courts of common pleas may be uniconrt to be certi- form, and, as near as may be, conformable to the rules of the pleas in each supreme court, the judges of the supreme court shall order
the clerk of the said court to transinit copies of their rules and
regulations to the clerks of the courts of common pleas in eveRules of com. ry county, that the judges of the said courts shall, from time mon pleas to to time, make rules and regulations agreeably thereto, as near of supreme court as may be, for the practice of their courts respectively.
Sec. 97. That the plaintiff or his attorney, if required, Plaintiff to deli: shall deliver to the defendant or bis attorney, a copy of the bill of particu- account or bill of particulars of the demand, or a copy of the lars, copy of note bill, bond, deed, bargain, contract, note, instrument or other
writing, whereon the declaration is founded, or which he in
tends to offer in evidence at the trial.
in like Sec. 78. That the defendant or his attorney, if requiredo manner to fur. shall deliver to the plaintiff or his attorney, a copy of any
e deed or instrument of writing, of which, in his plea, he sball
make profert; or a copy of any bill, bond, deed, note, receipt
fied to common
conform to rules
ver to defendant
etc. on which he suee.
Defendant in like
dated before is
bargain, contract, instrument of writing, or bill of particulars of any account or demand, which he intends to offer in evidence at the trial of the cause; and if the plaintiff or defendant shall Either party re:
the fusing, shall not retuse to furnish the copy or copies required, agreeably to the vive provisions of this section or the preceding section, the party in evidence. so refusing shall not be permitted to give in evidence at the trial, the original, of which a copy has been refused as aforesaid.
Sec. 79. That the party, whether plaintiff or defendant, Parties to notice shall take notice of the filing of the declaration, or other plead
d'the filing of
Woll, vi ville Preal pleadings at ing in the cause, at his peril, without service of a copy and their peril. Dotice of the filing of such declaration or other pleading, except as herein before excepted.
Sec. 80. That the defendant, at any time before issue join- Actions consolied, may move the court to consolidate unnecessary actions, or a to strike out superfluous counts in the declaration.
Sec. 81. That where there are issues in law and in fact, the Issues in land issue in law shall be determined, before the issue in fact shall first tried. be tried.
Sec. 82. That where judgment shall be entered by default, on defaults the against the defendant, the court shall assess the damages, un-court may assess less the plaintiff or defendant request a writ of inquiry.
Sec. 83. That the party against whom a verdict hatb been Motion rendered, may move for a new trial; and, if it be denied, may new trial to prethen move in arrest of judgment: but he shall not be permit-cede a mo ted to move for a new trial, after a motion in arrest of judge. ment.
Sec. 84. That every special verdict and demurrer to evi- Proceedings on dence, shall be entered on the minutes of the court; after special verdict, which, either party may move the court to assign a day for ar-4c. gument.
Sec. 85. That if execution shall not be sued out within five Jady ment stand. years from the date of any judgment that now is, or that may ing five years hereafter be, rendered in any court within this State; or if five
without execu years shall have intervened between the date of the last exe-mant, and its cution issued on any such judgment obtained as aforesaid, and lien the time of suing out another writ of execution thereon, such judgment shall become dormant, and shall cease to operate as a lies on the estate of the judgment debtor.
Sec. 86. That if such judgment still remain unsatisfied, it But debt may be shall be lawful for the plaintiff, his heirs, executors or admin-brought on such istrators, to bring and maintain an action of debt, on such dormant judgment, against the defendant therein, his heirs, execu-ed by scire faz tors or administrators; or such plaintiff, bis heirs, executors or administrators, may, at his or their election, revive, by writ of scire facias, sued out from the court rendering such judgment, or from the court having power to award execution thereon, any such judgment remaining unsatisfied, and have execution thereof, against the defendant, his heirs, executors or adininistrators:
tor, becomes dor
judgment, or it may be recover.
Sec. 87. That on the said writ of scire facias being returnService of scire ed uscire feci," or on two writs of scire facias being returned,
“nihil,” the defendant shall be considered in court, and may be proceeded against accordingly.
Sec. 88. That the defendant, his heirs, executors or adminMatter of de istrators, shall be admitted to plead any matter, arising subsefence subsequent to judgment, quent to the rendition of the judgment, he or they can alledge, may be pleaded. to show why execution should not be awarded; and the court
may render such judgment, and award such execution, as ought to be rendered or awarded in the premises.
Sec. 89. That if either the plaintiff or defendant, or both, Either or both shall have died after final judgment, and before satisfaction parties dying af ter judgment, thereof, it shall, and may be lawful for the plaintiff, or if he and before satis. shall have died, then for his real or personal representatives, as faction, their personal repre
pre. the case may require, to cause the defendant, or if he shall sentatives may have died, then his representatives, real or personal, as the Od the dress case may require, to be made a party to such judgment, by writ ment revived by or writs of scire facias, to be issued, served, and returned, in. scire facias.
the same manner that a summons may be issued, served, and returned by law; and such judgment may be rendered, and execution awarded in the premises, as might or ought to be given, or awarded against the representatives, real or personal, of a deceased party in other cases.
Sec. 90. That if the plaintiff shall die after any final judgThe like when original judg. mer
mement rendered against him, and before satisfaction thereof, it ment was a shall, and may be lawful for the defendant, or if he shall have gainst the plair
pain. died, then for his representatives, real or personal, as the case
may require, to cause the representatives, real or personal, as the case may require, of such deceased plaintiff, to be made a party to such judgment, in the manner pointed out in the preceding section; and the court may render the same judgment, and award the same process of execution, in the premises, as is directed in that section.
Sec. 91. That at least twelve days before every court of Causes to be docketed twelve common pleas, or supreme court, the clerks of the respective days before courts shall enter in a particular docket, all such causes, (and
those only) in which an issue is to be tried, or an inquiry of damage is to be made, or a special verdict, or a case agreed, demurrer, or other matter of law, is to be argued, in the
same order as they stand in the course of proceeding; setting M om as near as may be, an equal number of causes to each day of ber to be set for the time allowed by law for the sitting of such court, if, in . bis opinion, so many days will be required, in trying the causes
ready for trial, and issue sabpanas for witnesses to attend on Subpænas to le issued for wit the days on which the causes stand for trial: and no cause shall
be removed from its place on the docket; but all causes in which the intervention of a jury is necessary, shall be tried in the order in which they stand, unless the parties otherwise agree, or be continued until next term.
Clerk to keep an execution docket
Sec. 92. That the clerk of each of the courts of this state, Copy of docket shall make out a copy of the trial docket for the use of their to be made for respective courts, by the first day of each term thereof.
Sec. 93. That the declaration, pleadings, and other papers, Filing and presrelative to every cause, shall be filed together in the office of ervation of ptthe clerk of each court, and be by him carefully preserved.
Sec. 94. That for preventing errors in entering the judg- Minutes of pro, ments, orders, and decrees of each court, the judges thereof, ceedings to be
read and signed before every adjournment, shall cause the minutes of their before adjournproceedings to be publicly read by their clerk, and corrected ment. where necessary, and the same shall be signed by the president judge then sitting in court; which minutes so signed, shall be entered in a book and carefully preserved among the records: and no proceedings, orders, judgments, or decrees, of either of the said courts, shall be in force or valid until the same be so read and signed.
See. 95. That the clerk of each court, shall enter in a docket book to be kept by him for that purpose, a list of all execu- exe tions by him issued, the name of the person to whom delivered, and have the what return is made thereon, in case the same be returned, while sitting,
same in court and the final satisfaction of the judgment, when the same is made; and the clerk shall keep the said docket in court while sitting.
Sec. 96. That in all cases where a non-suit may be directed In what cases of by the court of common pleas, by reason of irrelevancy of tes- non-suit plainlimany, or by reason that the testimony adduced, does not support the case set forth in the declaration, and also, whenever the testimony shall be arrested from the jury, by reason of which the plaintiff becomes non-suit, the plaintiff shall have the same right to appeal as in other cases: and either party shall also have the right to except to the opinion of the court, on a motion to direct a non-suit, to arrest the testimony from Exceptions to
"the opinion OT the jury; and also, in all cases of motions for a new trial, by the court may be reason of any supposed misdirection of the court to the jury, taken. or by reason that such verdict may be supposed to be against law; so that such case may be removed by writ of error: and when a party to a suit, in any court of common pleas within this State, alledges an exception to any order or judgment of such court, it shall be the duty of the judges of such court, concurring in such order or judgment, if required by such party during the term, to sign and seal a bill containing sucb ex- Exceptions to tre ception or exceptions as heretofore, in order that such bill of signed and seal exceptions may, if such party desire it, be made a part of the record in such suit.
Sec. 97. That the supreme court and court of common pleas, Courts may re. shall have power, in the trial of actions at law, on motion, and quire parties to on ten days' notice thereof, to require the parties to producer books and writings in their possession or power, which contain evidence. evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the
tiff may appeal.
Administer oaths and punish contempts.
where new trial
ordinary rules of proceeding in chancery: and if the plaintiff shall fail to comply with such order to produce books or wri
tings, the courts respectively, on motion as aforesaid, may give Consequence of the like judgment for the defendant, as in case of non-suit; and failure to com- if a defendant shall fail to comply with such order to produce
books or writings, the courts respectively, on motion as afore said, may give judgment against bim by default.
Sec. 98. That the supreme-court and court of common pleas,
shall respectively have power to grant new trials in cases where granı new trials. there has been a trial by jury, for reasons for which new trials
have usually been granted in the courts of law; and shall have power to administer all necessary oaths and affirmations, and to punish by tine or imprisonment, or both, at the discretion of the said courts, all contempt of authority in any cause or matter in hearing before the same: Provided, That not more than two new trials be granted to the same party, in the same cause.
Sec. 99. That when, in the supreme court, judgment upon How to proceed a verdict in a civil'action shall be entered, it shall be compe
trial tent for either party, during the term, to give notice that he is applied for in supreme court. will make an application to the judges for a new trial; which
notice shall be entered of record upon the minutes of the court, and the reasons for the same filed with the clerk: and it shall be competent for the party giving the notice aforesaid, at any time within twenty days, to apply to the supreme court, or any two judges thereof, for a new trial in the said cause, and shall • submit the evidence in support thereof, with a copy of the rea
sons which may have been filed; which application, the said court, orany two judges thereof, may grant or refuse, in their discretion.
Sec. 100. That if the application shall be granted, the court, granted by su: or any two judges thereof, shall certify the same to the clerk preme court, of the court of the county where the action aforesaid shall have
one been tried; and the judgment shall thereby be vacated, and
the cause stand for trial at the succeeding term; otherwise execution or mandate shall issue, as in other cases: Provided, That in every case, the certificate of the court, or the judges thereof, shall be filed within ninety days from the rising of the court, and not after.
Sec. 101. That the clerk of each court shall, in vacation, Complete record make a complete record of the writ, recognizance of Dail, pleadcation, and sign. ings, orders and judgments or decrees, in each cause finally deed at next term. termined at the preceding term, in a book to be provided and
kept for that purpose; which record shall be signed by the president or presiding judge of said court, at the next succeeding term of said court.
Sec. 102. That in all cases where the judicial acts, or other Records not brought up, to be proceedings, of the supreme court or court of common pleas, made, examined in any county in this State, have not been regularly brought up and signed
and recorded by the clerks thereof, it shall be the duty of the supreme court or court of common pleas, as the case may be,
When new trial
what to be done.
to be made in va