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1822 - Edocs

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^*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 />

*

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