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1822 - Edocs

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35<br />

19. Be it further enacted, That, not more than two<br />

new trials shall be granted, to the same party, in the<br />

same suit.<br />

20. Be it further enacted, That, any instrument to<br />

which a person making it shaii affix a scrawl, shall be as<br />

efficient as a seal.<br />

21 Be it further enacted, That, a judgment on confession<br />

shall be equal to a release of error, but all powers of<br />

attorney lor conf ssing or suffering judgment to pass by<br />

default, or otherwise, and ail general releases of error,<br />

maue or to be made before action brought, shall be, and<br />

are hereby declared to be absolutely null and void.<br />

22. Be it further enacted, That, infants may sue by<br />

their next friends in all cases whatsoever.<br />

23. Be it further enacitd, That, all causes shall be<br />

docketted us they are riled, and a certain number set by<br />

the Clerk for each day of the term, and the subpoena for<br />

witnesses shall require their attendance on the day the<br />

cause is set for trial.<br />

24. Be it further enacted, That, in all cases in which<br />

the process is returned executed fifteen days before the<br />

Court to which it is returnable, the plaintiff shall be entitled<br />

to a trial and judgment, unless good cause be shewn<br />

for a continuance.<br />

25. Be i( further enacted, That, if the defendant has<br />

not filed his plea to the plaintiff's declaration at least<br />

two days before the calling of the cause, the Court may<br />

in their discretion give some reasonable time during the<br />

6ame term for an imparlance, and if the issues of law or<br />

fact are not made up, the court shall award such judgment<br />

as may be conformable to Law.<br />

26. Be it further enacted, That, all bonds and notes not<br />

under seal shall have the same force and effect of thuse<br />

under seal, and it shall not be lawful to deny the consideration<br />

upon which they were made, unless by plea verified<br />

by affidavit.<br />

27. Be it further enacted, That, all original and mesne<br />

process shall be made returnable to the next succeeding<br />

term of the court from which it issues, and shall be docketed<br />

as heretofore directed.<br />

28. Be it further enacted, That, it shall be the duty of<br />

all sheriffs of this Territory, to note in their returns the<br />

day on which they executed any original or mesne pro-<br />

cess.<br />

29. Be it further enacted, That the Court may give<br />

IeaVeto the Plaintiff at any time previous to the trial, to<br />

amend his declaration, provided the amendment is tiled<br />

immediately, and the defendant may demand a coucinuance,<br />

if the amendment lie in matter of su siuno-, or may<br />

at his election, join issue, as he could do to the first decla-<br />

ration.<br />

E<br />

Only two new<br />

trials.<br />

Scroll is seal.<br />

Judgment is release<br />

of error, but<br />

not by attorney.<br />

By next friends.<br />

Causes docketted.<br />

Process returned<br />

executed 15 days<br />

before.<br />

If defendant's plea<br />

not iiled2 days be-<br />

fore.<br />

Bonds St notes not<br />

under seal, equaL<br />

Process when returnable.<br />

Sheriff to note<br />

time of execution..<br />

Plaintiff may amend.

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