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county courts, and for other purposes," and it is thought expedient that the same should be revised and amended; and to prevent the difficulties that ofien arise from multiplied laws on the same subject, it is necessary that the whole system should be brought into one point of view.

II. Be it therefore enacted by the General Assembly, Quarterly That courts shall be held for each county and corpocourts.

ration on the several court days in the months of March, May, August, and November, for the trial of all presentments and criminal prosecutions, suits at common law and in chancery, where the sum exceeds five pounds or eight hundred pounds of tobacco, depending therein, and continue for the space of six days, unless the business be sooner determined: And if it shall so happen that a sufficient number of justices shall not meet for holding the said courts on the first day of the term, or on any subsequent day thereof, it shall and may be lawful for any one justice to adjourn the court from day to day for the space of three days, and pro

vided such adjournment shall not extend bey ond the Concurrent term limited for the duration of the session. The bungan hive monthly and quarterly courts shall have concurrent quarterly jurisdiction in granting and dissolving injunctions in courte. chancery, and in entering up judgments on attachments

against absconding debtors where the property attached shall not be replevied, and except such as are by law finally cognizable before a single justice of the peace, in all petitions for debt, detinue and trover, and in all maiters touching the breach of the peace and good behavior, in motions on replevin bonds, and motions against sheriffs and other public officers and defaulters. The respective county courts shall sit in the several months not before specified for the transaction of all business cognizable by the said courts, except such as

has been herein assigned to the courts of quarter sesProcess re• sion. All original process to bring any person or perturns of

sons to answer in any action or suit, indictment or information in the said courts of quarterly session, and all subsequent process thereon, all process in chancery awarded by the said court, and all other writs of what nature soever, shall be made returnable to the first day of the next succeeding quarterly term, except, subpenas of injunction attachments, petitions and subpænas for witnesses which shall be returnable to the next suc»

ceeding court, be the same monthly or quarterly, as
the case may require. Special bail may be taken in Special bail:
court at the quarterly sessions or at the monthly courts;
and any justice of the peace when the courts are not
situing inay take recognizance of special bail in any ac-
tion therein depending, which shall be taken de bene
esse, and returned by the justice taking the same, to
the clerk of the court before the next succeeding quar-
terly court, to be filed with the papers in such action.
And if the plaintiff or his attorney shall except to the
sufficiency of the bail so taken by a justice out of court,
notice of such intended exception shall be given to the
defendant or his attorney at least five days previous to
the day at which such exception shall be taken; and if
such bail shall be adjudged insufficient by the court,
the recognizance thereoi shall be discharged, and such
proceedings shall be had as if no such bail had been
taken. The same proceedings shall be bad against
the common bail and sheriff in any suit, or either of Common bail.
them, their executors or administrators, and they or
either of them may have the saine remedy against the
defendant or his executors or administrators in the
county courts at their quarterly sessions as is direcied
to be had in any district court in such cases. All im-
parlances to be taken and pleadings to be filed both in
common law and in chancery, ontil an issue is joined Rules, in
or interlocutory decree or judgment obtained, shall be clerk's office.
done at rules to be held monthly in the clerk's office
on such days as the courts at their respective quarter
sessions shall appoint, which rules shall be distinctly
entered in a book to be kept for that purpose, and the
clerk shall be allowed the same fees for entering such
rules, as if the same had been made in court. And all
rules to declare, plead, reply, and for other proceed-
ings, shall be given from month to month, and shall be
made and entered with the clerk of the court in the same
manner as rules are made and entered with the clerks of
the district court in suits depending in them. Provided
nevertheless, That the court may at their quarterly ses-
sion next after any of the said rules and proceedings
have been had in the clerk's office, for good cause to
them shewn, set aside any of the said rules and proceed-,
ings, and make such order concerning the same as to
them may appear just and right. The clerk shall pro-
portion the causes upon the docket from the first day

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of the court to the sixth, both inclusive, if in his opine ion, so many days will be expended in trying the causes ready for trial, and issue subpænas for witneses

to attend on the days to which the causes stand for trial. Docketting He shall docket the causes in order as they are put to

issue, and no cause shall be removed from its place on the docket unless where the plaintiff at the calling the same be unprepared for trial, in which case, and no

other, shall the cause be put at the end of the docket. Depositions, When any witness resides out of this commonwealth, when & how and within any other of the United States, or shall be

about to depart the same, or by age, sickness or otherwise, shall be unable to attend in person, upon affidavit thereof, the court when sitting, or any justice thereof in vacation, may on request of either party direct a commission to be issued by the clerk of the court to two or more justices of the peace for taking the deposition of such witness, de bene esse, but the party ob. iaining such commission shall give reasonable notice to the adverse party of the time and place of taking such deposition, otherwise the same shall be void. If any party in any suit at common law or in chancery shall make oath that he verily believes his claim or de fence, or a material point thereof, depends on a single witness, the court, or any justice thereof, may direct a commission to issue from the clerk of the court to (wo or more justices of the peace to take the deposition of such witness, de bene esse, although he or she be not about to depart the commonwealth, nor under any disability, the party in such case giving reasonable notice of the time and place of taking the same to the adverse party. When any witness resides beyond sea or in any foreign country, upon affidavit thereof, the court when sitting may, on request of either party, direct a commission to issue from the clerk's office, di. rected to such commissioners, not exceeding five,. as shall be nominated and agreed upon by the parties litigant,.for which purpose, the party applying for a commission in such cases shall give the adverse party, his attorney or agent, ten days previous notice of the day of his intended application to the court, without which no such commission shall issue; and if the adverse party, his aitorney or agent, shall not attend for the purpose, in that case the party praying the commission, may nominate the commissioners himself, any three of


whom in either case may proceed to execute the said commission: Provided nevertheless, That in either case, reasonable notice shall be given to the adverse party of ihe time and place of taking such deposition, and the costs of giving any such notice as aforesaid, as well as of taking any deposition or depositions in any or either of the United States, or beyond sea, may be laxed by the court against the party who, in their opinion, ought in justice to pay the same. If any person attending before any county court referees or commissioners, appointed to take his or her deposition Witnesses re. within this commonwealth, shall refuse to give evi- fusing to tes, dence on oath or affirmation, as the case may be, to the lify best of luis or her knowledge, any person so refusing, shall be committed to prison, either by the court reserees or commissioners, there to remain, without bail or mainprise, until he or she shall give such evidence. Notice in writing of motions upon replevin bonds, and against delinquent sheriffs and other officers, if left Notices on with the wife or other free person over the age of ho twenty-one years, other than a negro or mulatto, belonging to the family of such obligor, sheriff, or other officer, ten days before the making such motion, and at, his or their usual place of abode, upon affidavit thereof being made, shall be deemed sufficient. The county

...y Foreign at. courts, at their quarterly sessions, shall have similar tachmenes. jurisdiction with the high court of chancery, and shall proceed in the same manner against the estate and effects of persons residing out of this state, or absconding to avoid being served with the process of the said court; and may hear and determine all caveats against grants for lands lying within the jurisdiction of the said courts respectively, except within the counties composing the district of Kentucky. The person entering a caveat against the issuing a grant upon any Caveala survey, shall take from the surveyor of the County, or from the register's office, a certified copy of such sure vey and plat, which, within thirty days from the entering such caveat, he shall deliver to the clerk of the county where the suil is instituted, or such caveat shall be void, and the clerk thereupon shall make due entry thereof in a book kept by him for that purpose, and issue a summous, commanding the defendant to appear on the first day of the next succeeding quarterly court, o defend his or her right; and on such process being


returned executed, the same proceedings shall be had thereon, as by law are directed in similar cases in the

district courts. Al writs of execution upon judgments · Returns of obtained in the quarterly or monthly courts, and all executions. executions and other process to evforce any decree in

chancery, obtained in either of the said courts, may be made returnable to the first day of a quarterly or monthly couri, provided there be not less tha: fifteen

nor more than ninety days between the teste and return Office judr. of such execution or process. Where any final judg.

ment shall be entered up in the office against any defendant or defendants, and their securities, or against any defendant or defendants, and sheriff, by default. execution may issue thereon aster the next succeeding quarterly court, unless the same be set aside during such court, in like manner as office judgments in the district courts may be set aside; and all office judgments so set aside, shall be immediately put at the end of the issuedocket, and tried the same court in turn with the other issues, unless the plaintiff shall wave his right of trial

until the next quarterly term. The right of appeal Appeals. from the county and corporation courts to the district

courts, shall be exercised in the same manner as hath heretofore by law been accustomed from the county to

the general court. Sheriffs fail. III. And be it further enacted, That where any writ ingi return of execution or attachment, for not performing a decree

utions, in chancery, shall come into the possession of any shefines on.

riff, coroner, or serjeant of a corporation, and he shall fail to return the same to the office from whence it issued, on or before the return day thereof, it shall be lawful for the court, upon ten days previous notice being given, upon the motion of the party injured, to fine such sheriff, coroner, or serjeant, at their discretion, in any sum not exceeding five pounds per month, for every hundred pounds contained in the judgment or decree on which the execution or attachment so by him detained has been founded, and so in proportion for

every greater or lesser sum. And where the execution Negligence of attornies.

e or attachment has been founded upon a judgment or

decree for the specific performance of an act or thing, in any sum not exceeding fifty pounds, the fines shall be to the use of the party injured, and at his request an execution shall issue therefor, and be indorsed by the clerk, that no security of any kind shall be taken. If

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