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attending on, the general assembly, are entitled to.And moreover shall be allowed the same pay for travelling to, attending on, and returning from, the said convention, as is allowed to members of the general assembly for travelling to, attending on, and returning from the same.
Ill. Be it further enacted, That the said convention shall be, and they are hereby empowered to make such reasonable allowances to the officers of the said convention for their services as shall be by the said convention deemed necessary. And whereas it is essential to the safety and happiness of the people of this and other states in the mion, that the most friendly sentiments towards each other should be cherished, and the greatest unanimity should prevail at all times, but more particularly during the deliberations concerning the great and important change of government which hath been proposed by the fæderal convention, and it is necessary to make provision for the payment of such reasonable expences as may be incurred, in case the convention to meet in this state on the first Mionday in June next, should deem it necessary to hold any communications with any of the sister states or the conven- 5 tions thereof which may be then met, or should in any other manner incur any es pence in collecting the sens timents of the union respecting the proposed fæderal constitution, in such manner as to keep up that friend.! ly intercourse and preserve that unanimity respecting any great change of government, which it is the duty and wish of this legislature to promote and cherish:
IV. Be it therefore enacted, That a sum of noney not exceeding eight thousand pounds shall be reserved in the treasury subject to the order and disposal of the convention appointed to meet in the city of Richmond on the first Monday in June next, for defraying the expences of the members thereof, or any other expences as before mentioned, and that such inoney shall be made good from the funds now appropriated, or which, may hereafter be appropriated, to the support of civil government; and provided the said fund should by any means prove deficient, then such deficiency shall be made good from any inappropriated money in the treasury.
act for establishing a high court of
(Passed the 2d of January, 1788.) Rules of prac . WHEREAS the act, intituled “An act for estice in High tablishing a bigh court of chancery,” requires amend
ment, because justice is greatly delayed by the tedious cry, altered.
forms of proceedings, suitors are therefore obliged to waste much time and expence, to the impoverishmen of themselves and the state, and decrees when obtained are with difficulty carried into execution: For reme. dying these mischiefs,
II. Be it enacted, That from and after the passing of this act, the following rules and alterations, explanations and amendments to the said recited act, shall be observed in all cases to which they apply. Whenever any subpana in chancery is returned executed, the plaintiff shall within three months thereafter file his bill, and if he fails to do so within that period, the suis shall stand ipso facto dismissed, with costs. If the dea fendant does not file his answer within three months after the plaintiff shall have filed his bill, having also been served with the subpoena at least three months before the said time for filing his answer, the plaintiff may proceed to take his bill for confessed, and proceed in the same manner as in the case of an attachment returned executed, or he may have a general commission to take depositions, or he may move the court to bring in the defendant to answer interroga. tories, at his election, and proceed on to hearing in the two last cases, as if the answer had been filed, and the cause was at issue: Provided, That the court, for good cause shewn, may allow the answer to be filed, and grant a further day for such hearing. Whenever a general commission shall issue for taking depositions upon answer and replication, six months from the time of the replication shall be allowed the parties sor iaking their depositions; and either party, at the expiration of the said six months, ma; set the same for liearing, nor shall any deposition taken after that time be read as evidence on the hearing, except the same was taken
by consent of the parties, by special order of court, or out of the state. After obtaining a final decree for Executions
on final de lands, slaves, or money, or things of a similar nature,
Co crees. the clerk of the high court of chancery, shall, upon the request of the party obtaining such decree, issue any writ of execution, either a fieri facias, capias ad satisfaciendum, habere facias possessionem, or any other judicial process which may now issue from the general court, according to the nature of the case, for carrying the said decree into effect; which writs shall issue in the name of the commonwealth, bear teste by the presiding judge for the time being, and be witnessed by the clerk. And all process so to be issued, shall be executed and returned to the clerk's office of the high court of chancery, from term to term, on the return days thereof, by the officer or officers to whom the same shall be directed, and shall have the same operation, and possess the same force to all intents and purposes, as similar process issued from the general court. The officer or officers to whom any such process is directed, shall be subject to the like penalties for misconduct or neglect; and the high court of chancery shall exercise in this, and in all cases relating to such process, the same powers as if the said process had issued from the general court, and as that court could have exercised in a similar case. But nothing herein contained shall prohibit any party from pro- mer remedy. ceeding to carry any order or decree of the high court of chancery into execution, in any manner of which he might avail himself before the passing of this act. An execution may be taken out in all cases where costs are recovered in manner above mentioned. The high for costs. court of chancery may, at their discretion, direct an issue to be tried whenever they judge it necessary, either in their own court, or in any other court whatsoever, as justice or convenience to the parties may require. After answer filed, and no plea in abatement to the jurisdiction of the court, no exception for want batement of jurisdiction shall ever afterwards be made, nor shall the high court of chancery, or any other court, ever thereafter delay or refuse justice, or reverse the proceedings for want of jurisdiction, except in cases of controversy respecting lands lying without the jurisdiction of such court, and also of infants and femes a covert. Any judge of the high court of chancery may of judges. Von. XII.
qualify and take the appointed oathis of ofice, either in open court or before the governor and council, and in both cases such qualification shall be recorded in the said court, for which purpose a certificate in the latter
case shall be given by the governor of the said quali. ment fication. No discontinuance shall take place in any of court. cause, from the non-attendance of a sufficient pumber
of judges to constitute a couri, or for the want of a continuing order in any case. The said court shall be considered as standing adjourned from day to day for the first six days of the term, and from thence to the succeeding term, whenever a sufficient number of judges do not attend to constitute a court; and one
judge only being present, he may adjourn the court Apneala. at any time. The said high court of chancery, or any
judge out of term-time, shall have power, for good cause shewn, to allow a petition of appeal, and if necessary, order a supersedeas to stop the execution of any decree pronounced by an inferior court, at any time within three years after pronouncing the same; the party praying such appeal and supersedeas, complying with the terms which the said court or judge shall annex to such order. Whenever an appeal is prayed from any inferior court to the said high court of chancery, or bond is given for the removal of any suit in chancery, in any manner whatsoever, it shall be suffi. cient in either case, if the said bond or bonds shall be executed by good and sufficient securities, although
the appellant or party shall not execute the said bond Depositions, or bonds. Whenever a witness or witnesses shall retaken out of side without the state, the said high court of chancery, the state.
or any judge thereof, upon an affidavit of the fact, may award a commission or commissions for taking his, her, or their deposition or depositions, to be directed to any persons he or they may think proper; and such deposition or depositions shall be admitted as evidence, if it shall appear that the opposite party had received reasonable notice of the time and place of taking the same. And whereas it hath been doubted, whether the power of the court of chancery to proceed against absent debtors, can be extended to other absent de
fendants; Absent de. lII. Be it enacted, That in all cases whatever, fendants, proceedings
- where a suit is or shall be depending in the court of against. chancery, concerning any matter or thing whatever
against any absent defendant or defendants, the court may, on satisfactory proof to them made, that such defendant or defendanis is or are out of this commonwealth, or that upon enquiry at his, her, or their usual place of abode, he, she, or they could not be found, make any order similar to that which is directed to be made in case of absent debtors, adapting the same to the nature of the case, a copy of which order shall be published in like manner as is directed in case of absent debtors, and thereupon, if the appearance of such absent defendant or defendants be not entered, the complainant may proceed in like manner as if an appearance had been entered. Provided always, That where such decree shall be made, such absent defendant or defendants may at any time within seven years, be permitted to file his, her, or their answer, and to shew cause why the said decree should be set aside, upon which the court may make such decree as shall appear to be equitable. And whereas the present mode of executing injunction bonds is liable to great abuse,
IV. Be it further enacted, That where any injunction shall be granted, the clerk shall indorse on the miunctions subpoena, that the effect thereof is to be suspended un- hou proceed til the party obtaining the same shall give bond, with ed on. sufficient security, in the office of the court in which the judgment to be injoined shall have been obtained. The party obtaining the injunction shall then enter into bond, with sufficient security, and file the same in the clerk's office of that court in which the proceedings at law were had; and the clerk shall indorse on the subpæna that the bond is filed. The rules and regulations in this act contained, shall be also observed in the county courts, so far as they apply.
act for reforming the county courts,
(Passed the 5th of January, 1788 ;
luce courts reform