1822 - Edocs
1822 - Edocs
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.