Adjournment of court. Aག་ ཀཐ " .. qualify and take the appointed oaths of office, 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 qualification. No discontinuance shall take place in any cause, from the non-attendance of a sufficient number of judges to constitute a court, 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 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 sufficient 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, 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 defendants; the state. Absent defendants, III. Be it enacted, That in all cases whatever, 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 defendants 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 Injunctions subpoena, that the effect thereof is to be suspended un- how 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 The rules and regu subpoena that the bond is filed. lations in this act contained, shall be also observed in the county courts, so far as they apply. CHAP. X. An act to amend the act, intuled An act for reforming the county courts, and for other purposes. [Passed the 5th of January, 1788 j Proceedings in county courts reform 1. WHEREAS doubts have arisen in the construction of the act, intituled, "An act for reforming the od. courts. courts. 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 often 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 corporation on the several court days in the months of March, May, August, and November, for the trial of all presentiments 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 provided such adjournment shall not extend beyond the Concurrent term limited for the duration of the session. The jurisdiction of monthly & monthly and quarterly courts shall have concurrent quarterly jurisdiction in granting and dissolving injunctions in 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 matters 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 persons 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, subpœnas of injunction attachments, petitions and subpoenas for witnesses which shall be returnable to the next suc turns of Per of Common Dail y or 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 sitting may take recognizance of special bail in any action 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 quarterly 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 thereof shall be discharged, and ch proceedings shall be had as if no such ball had teen taken. The same proceedings shall be had against the common bail and sheriff in any suit, or i them, their executors or administrators, a, either of them may have the same remedy a ust the defendant or his executors or administrators in the county courts at their quarterly sessions as is directed to be had in any district court in such cases. All imparlances to be taken and pleadings to be filed both in common law and in chancery, until an issue is joined or interlocutory decree or judgment obtained, shall be clerk's office. done at rules to be held mouthly 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 proceedings, 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 session 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 proceedings, and make such order concerning the same as to them may appear just and right. The clerk shall proportion the causes upon the docket from the first day Rules, in causes. of the court to the sixth, both inclusive, if in his opinion, so many days will be expended in trying the causes ready for trial, and issue subpoenas 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 cut of this commonwealth, when & how and within any other of the United States, or shall be taken. 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 obtaining 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 defence, 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 two 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, directed 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 attorney or agent, shall not attend for the purpose, in that case the party praying the commission, may nominate the commissioners himself, any three of |