1822 - Edocs
1822 - Edocs
1822 - Edocs
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
^*5<br />
:.ime when filed, and shall enter on his record that such<br />
pleading's ate filed, but it shall not be necessary to copy<br />
the same.<br />
12. Be it further enacted,- That no order of Court or dedinius<br />
potestatem shall be necessary for the taking; of<br />
depositions, unless where the witnesses reside out of the<br />
Territory, but any magistrate shall be empowered to take<br />
the same, and no deposition shall be read unless reasonable<br />
notice in writing be given to the party against whom<br />
it is to be read of the time and place of taking the same.<br />
13. Be it further enacted, That, on the dissolution of an<br />
injunction, judgment shall be given by the court against<br />
the securities as well*as the principal in the injunction<br />
bund, and on all bonds given on appeals or writs of error<br />
in law or equity where the judgmentof the inferior Court<br />
shall be affirmed, the judgment shall be given against the<br />
securities in said appeal or supersedias bond, as well as<br />
against the principal, and execution shall issue accordingly.<br />
14. Be itfurther enacted, That, whenever it is necessary<br />
to revive a suit in Chancery, in which the answershall<br />
have been filed, an order of Court for that purpose served<br />
upon the representatives of the deceased, if they reside<br />
in the Territory, or an order of publication if non resi-<br />
dents, as in other cases of absent defendants, shall be sufficient<br />
without bill of revivor.<br />
15. Be it further enacted, That, the parties may be allowed<br />
to amend their pleadings, provided no unnecessary<br />
delay or injury to the other party be occasioned thereby.<br />
16. Be it further enacted, That, a subpoena in Chancerv<br />
shall not b.e issued before bill filed or lodged with the<br />
rlerk.<br />
17. Be it further enacted, That, every defendant may<br />
swear to his answer before any Judge, Justice of the<br />
Peace, or Notary Public.<br />
18. Be it further enacted, That, after answer filed, and<br />
no plea in abatement to the jurisdiction of the Court, no<br />
exception for want of jurisdiction shall ever afterwards be<br />
made, nor shall the Court ever thereafter delay or refuse<br />
justice, or reverse the proceedings for want of jurisdiction,<br />
except in cases of controversy respecting land lying<br />
without the jurisdiction of such courts, and also of infants<br />
died feme covert.<br />
19. Be it further enacted, That, bills to perpetuate testimony<br />
may be brought; when the plaintiff will make oath<br />
that his claim depends on the testimony of living witnesses,<br />
and that he does not know who sets up claim to the<br />
land, or any part thereof, or that he does not know of anyother<br />
person or persons who have such claim, except<br />
those who are made defendants to the suit— and as to<br />
hose he does not know he mav have an order to advertise<br />
Dedimus when nc<br />
cessarv.<br />
Depositions how<br />
taken.<br />
Dissolution of injunction.<br />
Judgment vs. securities.<br />
How to revive a<br />
suit.<br />
To amend plead-<br />
ing's.<br />
Subpcena in chancerv.<br />
Answers how<br />
sworn to.<br />
After answer filec<br />
No pleatojurisdii<br />
tion.<br />
To perpetuate<br />
testimony.<br />
*