1822 - Edocs

Vvice for taking
epositions.
ilerk may issue
Edimus potestaki.
>e bene esse.
In final decree.
lommiss"' oners to
lake title.
njunctions, he.
ic. in vacation.
Condition,
special garnishee
jroccss.
2G.
the time and place of taking depositions, at least three
months in some newspaper of the Territory or adjoining
Stales.
23. Be it farther enacted, That in all cases of taking
dep jsitionsi the party taking the same, snail give*he opposite
party reasonable notice in writing of -the time and
place of taking such depositions; unless the party reside
oui of tie Territory in which case, notice shall be given
to .is attorney in fact. Provided notice be *giweu to the
party, or filed in the clerk's office of the Court in Which
toe suit is depending, of the appointment of such attorney
in fact—and when no such notice is given or filed,
then notice of tne time and place of taking such deposi-
tions, to tiie attorney at law, shall be sufficient.
21. Be it further enacted, fnat, either party upon oath
ma :e that his claim or deferifce depends upon Witnesses,
who are aged or infirm, oc going out of the Territory, Lie
the clerk may at any time issue a dedimus potestatem to
any magistrate, for tne taking the depositions of such
witnesses, de bene ess?, the party taking the same giving
to the otner reasonable notice of the time and pla.e of
taking such depositions^
22. He it further ?nac?ed, Tliat, whenever a final decree
oi' any court exercising chaucery jurisdiction, snail
be viid.-red, decreeing a cofiv yauce of the iegal title for
Ian is, if the defendant or defendants do n,;t on or before
the i,iv mentioned in su.:n decree for making said conveyance,
-na.ve or cause tne same to be made accord. ugly, the
court may appoint one or more commissioners to make
such de d, which when made shall vest uie legal due in
sai i complainant.
. ti\
23. Be it further enacted, That, the Judges' of the Cir-
cuit an t Superior Courts, shall have power in vacation as
wed a» term time to grant injunctions, writs of ne exeat
regnura, and stay waste, returnable to their courts respec-
. iy. Up jn the complainants giving bond with good
security to be approved of by said judges, to be executed
in tiie clerk's office of the said courts, conditioned to pay
all costs and dama ;es that may accrue to the defendant
by granting said writs, and ten per cent damages on the
amount o[' money - ujotne i, in case the injunction be dis-
solved, or the suit dismissed.- ,,
24. Be it further enacted, That, if any sufc ->hall be depending
or hereafter commenced in any court of chancery
in this commonwealtii, against any defendant or defendants
who are out of this Territory, and others witnin
the same having in their hands effects, of, or otherwise
indebted to such absent defendant and the appearance of
such absentees. Ue not entered and security given to the
satisfaction of nae court for performing the decrees, upon
affidavit tnat such defendant is out of the Territory, or