1822 - Edocs

jiswcrs on oath
V hen to take dt
Ositions.
tttachments for
iOt answering-.
ixceptions, to
Jiswer.
Mea or demurrer
»verruled.
inswers lodged in
-acation,
ibsent defending.
Publication.
Troviso
Clerk endorse time
24.
appoint the time of trial—If an issue of law be made ud.
it shall stand for argument at that term.
4. Be it further enacted, That, all answers shall be put
in on oath, and if they deny positively the allegations of
the opposite party, such allegations shall not betaken as
proved, unless by the oath of two credible witnesses thereto,
or of one witness and strong corroborating circumstan-
ces.
5. Be itfurther enacted, That the complainant or com-
plainants may proceed to take depositions one month af-
ter the defendant or defendants against whom they are to
be read, are served with process. The defendant may
proceed to take depositions one month after he files his
answer.
6. Be it further enacted, That, attachments for not
answering shall issue by order of the court only. They
shall be returnable at such times as the court may direct.
7. Be it further enacted, That exceptions to an answer
must be taken before the term at which the cause stands
for trial, and they shall stand for argument at the term in
which they are taken.
8. Be it further enacted, That, if a plea or demurrer be
overruled in a case where by the course of the Chancery
practice the party might thereafter answer, or if exceptions
to an answer be adjudged sufficient^ the court shall
in their discretion, considering the circumstances of the
case appoint a time in which the party shall file his answer,
and on his failing to answer, may proceed as on failing
to answer in other cases in the time directed by this
act.
9. Be itfurther enacted, That, the defendant may lodge
his answer or other pleadings with the clerk in vacation.
But the opnosite party shall not be bound to notice them
as filed, till the sarrie be entered in Court.
10. Be it further enacted, That, in suits in Chancery
against absent defendants orders requiring the appearance
of the defendant or defendants, and publication in
some newspaper of the Territory, or States of Georgia or
Alabama, shall be required. The publication in some of
said newspapers for eight weeks successively shall authorise
the complainant or complainants to proceed in the
same manner as if process were returned executed to the
term at which said defendant or defendants may by such
publication be required to enter an appearance: Provided
however that such defendant or defendants shall be
permitted to open a decree, in such cases at any time
within seven years by petitioning the court for a rehearing
and putting in his or her answer, if the court on such
petition, shall deem proper to open it.
1 1. Pe it further enacted. That, the clerk shall endorse
on all bills, answers, and other pleadings in Chancery. th