1822 - Edocs
1822 - Edocs
1822 - Edocs
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XXV<br />
shall appear by himself or counsel, he shall have three<br />
days to put in his answer, and such further time as the<br />
Court may allow, and in case of liquidated demands he<br />
shall be required to r.ut in such answer on oath.<br />
Sec. 6. That after &n«l judgment, execution shall issue<br />
without any further .order, and the appraisement, no-<br />
tice and sale shall proceed as under the Spanish laws, all<br />
which tb appear in substance on the record, the sale to<br />
be made by the Al^uazil, Mayor or Sheriff.<br />
Sec. ~. That all Entries orvthe records shall be in En-<br />
glish, but it shall lie at the option of the parties to file<br />
their petitions and answers in English or Spanish, and in<br />
case that both 4r either of the parties shall be Spaniards,<br />
the writings served on them to be in both languages.<br />
See. 8. That there shaft be adjourned Courts on the<br />
first Monday in every month for the trial of civil cases,<br />
signing judgments, and to which citation, executions and<br />
other process may be made returnable, and the form of all<br />
such process to be settled by the presiding justrce, following<br />
as nearly as possible the forms in use in Spanish tribunals.<br />
Sec. 9. In all cases where either of the parties may require<br />
it. the testimony of the witnesses to be ^aken in<br />
writing at the trial, and the reasons on which the Court<br />
shall have founded its decision to be entered on record.<br />
Sec. 10. That papers or other documents on which the<br />
suits may be founded shaft be filed with the petition, and<br />
either party may put interrogatories to the other according<br />
to the usages in Spanish tribunals, and which the other<br />
party shall be bound to answer, otherwise the mat-<br />
ter therein to be taken p.ro confesso.<br />
Sec. 1 1. The clerk shall have power to issue summons<br />
to compel the attendance of witnses, but depositions to<br />
be read in evidence, to be taken by the proper order of<br />
the presiding justice, with notice to the adverse party.<br />
Sec. 12. The usual acts of conciliation orders or decrees,<br />
according to the Spanish practice, at the commencement<br />
and in the progress, of any suit, may be made<br />
by the presiding justice, but the Jrial and final judgment<br />
shall in all cases be in open Court.<br />
Sec. 13. That the following fees be received by the<br />
officers, and no other.<br />
To the crier—for every cause, SI on<br />
Sheriffs—serving every citation, 1 50<br />
do. serving subpoena for each witness, 50<br />
do. serving attachment and return, 2 00<br />
do. keeping personal property and slaves, to be<br />
allowed by the court,<br />
do. taking bond on seizures and for security in<br />
case of liquidated demands, 1 00<br />
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