ing such attachment, in the same manner as goods taken in execution by Fieri Facias; and the money arising upon such sale, shall be liable to satisfy the judgment obtained upon such attachment, or other order of such court.

VI. And be it further enacted, by the authority aforesaid, That upon the replevying any effects attached in manner aforesaid, the sheriff shall return the names of the securities by him so taken, upon such attachment; and if such security shall be adjudged insufficient by the court, or the defendant shall fail to appear, and give special bail, when thereunto ruled by the court, such sheriff or security shall be subject to the same judgment and recovery, and have the same liberty of defence, relief, and remedy, as in like cases by law is provided, in suits depending in the general court, upon security taken by any sheriff, upon the execution of mesne process.

cerning bar.

VII. And be it further enacted, by the authority afore- Rules consaid, That upon executing any process, whereupon bail shall be requirable, the sheriff shall return therewith the names of the bail by him taken, and if he shall not return bail, or the bail by him returned shall be adjudged insufficient by the court, or the defendant. shall fail to appear, or to give special bail, when thereunto ruled by the court, such sheriff, or bail, shall be subject to the same judgment and recovery, and shall have the same liberty of defence, relief, and remedy, as in like cases is by law provided, in suits depending in the general court.

VIII. Provided always, That every interlocutory or final judgment, against any defendant and the sheriff, or against any defendant and the bail, returned by the sheriff, entered or obtained before any court next ensuing the return of the writ, upon which such defendant was arrested, shall be set aside if the defendant, at the next court, ensuing the return, as aforesaid, shall be allowed to appear without bail, or shall put in good bail, and plead to issue immediately.

IX. And be it further enacted, by the authority aforesaid, That it shall and may be lawful, for any judge, or justice of the said courts; and every such judge, or justice, is hereby authorized and impowered, when the said courts are not sitting, to take a recognizance of bail, in any action depending in the court, whereof any such judge or justice shall be a member, de bene

How the

esse, which recognizance shall be in the following
words, to wit:

Memorandum, That upon the
in the year of our Lord

the county of

day of E. F. of

personally appeared before
me, G. H. gent. one of his majesty's justices of the
peace of the said county of
and undertook

for C. D. at the suit of A. B. in an action of
now depending in the court of the said county, that
in case the said C. D. shall be cast in the said suit,
he the said C. D. will pay the condemnation of the
court, or render his body to prison in execution for
the same, or that he the said E. F. will do it for him.
Which recognizance shall be, by the justice taking the
same, returned to the clerk, before the next succeed-
ing court. And if the plaintiff or his attorney shall
except to the sufficiency of the bail so taken, notice of
such exception shall be given to the defendant or bis
attorney, at least five days before the next succeeding
court; and if the bail so taken shall be judged insuffi-
cient by the court, the recognizance thereof shall be
discharged, and such proceedings shall or may be had
against the defendant, or defendants, as if no such
bail had been taken; but if such bail shall be judged
sufficient, or shall not be excepted to within the time
aforesaid, then the same shall stand and be chargea-
ble, to all intents and purposes, as if the recognizance
had been taken in court.

X. And be it further enacted, by the authority aforeplaintiff shall said, That where any defendant shall be in custody,. proceed against the the plaintiff may file his declaration, and give a rule defendant in to plead, and shall deliver a copy of such declaration, custody. and rule to the defendant, or his attorney, five days

at least before the next succeeding rule day; and if thereupon, and oath made of the delivery of such copy, before any one of the judges of the court of the county where such person shall be in custody, such defendant shall fail to enter his plea upon such rule day, the plaintiff may have judgment, in the same manner as is herein after directed, upon failing to plead in any civil action.

What proXI. And for the better ascertaining what process cess shall is- may be sued out, where the sheriff returns, that the sue where defendant is not to be found in his bailiwick, It is is not to be hereby enacted, That where any sheriff shall make such return, the plaintiff or plaintiffs, in any civil ac

a defendant

found.

tion, shall and may sue out an attachment against the estate of such defendant returnable, as herein before is directed, for the return of original or other subsequent process thereupon, to force an appearance, or an alias or pluries capias, at the election of the plaintiff or plaintiffs; and if the sheriff shall return any goods by him attached, the plaintiff shall file his declaration, and be entitled to a judgment for his whole debt; and the goods so attached ahall remain in custody of the sheriff 'til such judgment obtained, and then be sold and disposed of, in the same manner as goods taken in execution upon a writ of Fieri Facias: And if the judgment shall not be satisfied by the goods attached, the plaintiff may have an execution for the residue.

XH. Provided always, That all goods so attached Proviso. shall and may be replevied, by the defendant's giving bond and security to the sheriff, or other officer attaching the same, in the same manner as by this act is directed, for replevying goods attached upon an original attachment, or by the defendant's appearance and putting in good bail, if ruled by the court to give special bail. And for the more speedy determination of all causes depending in the said courts:

Rules in cau

ses at com

XIII. Be it further enacted by the authority aforesaid, That these following rules and methods shall be mon law. observed, to wit, That the plaintiff, or demandant, in any suit, shall file his declaration the day after the court, to which the writ is returnable, which said day is hereby declared to be the day of appearance, to all writs, subpoenas in chancery, and other mesne process, returnable to the said court, and the first rule day after such court; and the said rules shall be continued thereafter, to be held monthly, on the same day of the week on which such appearance day shall be: That if the plaintiff or demandant fails to file his declaration, or to appear and prosecute his suit, he shall be non-suited: That upon every non-suit five shillings shall be paid, besides cost of the suit: That every defendant or tenant shall file his plea in writing; and if he fail so to do, judgment shall be given against him for want of a plea: when the defendant has entered his appearance, and the plaintiff filed his declaration, the plaintiff may give a rule to plead, with the clerk of the court: that all rules to plead, reply, rejoin, or for further or other proceedings shall be given regularly, from month to month, after the rule for plead

ing is expired, with the clerk in his office upon the days herein before directed; and no rule shall be given between month and month, to the end that all persons by inspecting the rule book to be kept by the clerk for that purpose, may know what proceedings have been, or are to be, in the several causes there depending: that upon the expiration of any rule, judgment by default or a non-suit shall be signed by the clerk in his office, as of the preceeding court, which judgment shall be final in actions of debt, where the debt is certain; and in other actions a writ of enquiry shall be executed the next court after judgment so signed, the plaintiff or his attorney, giving the defendant, or his attorney, twenty days notice of the execution thereof: that no issue shall be tried the next succeeding court after it is joined, unless twenty days notice be given thereof, by the plaintiff or his attorney, to the defendant or his attorney: If an issue be not tried, or a writ of inquiry not executed, the next court after it is joined, or judgment by default, or interlocutory judgment entered, no notice of trial or executing such writ need to be given; but such causes shall be called and determined, in the same order as they stand on the docket: that when any final judgment shall be obtained out of court, the clerk shall allow a lawyer's fee in the bill of costs, if the plaintiff employed one; which fee is hereby declared, in all cases, to be the same as in causes where judgment is obtained in court: that where a special verdict shall be found, or case agreed, time shall be allowed, upon the motion of either party, to the next succeeding court to argue it: And if any causes shall at the end of the court remain uncalled, they shall be continued of course, by the clerk on the docket, to the next succeeding court, without fee or reward: And no plea in abatement, or of non est factum, shall be received in any cause depending in either of the said courts, unless the party offering the same shall, by affidavit, prove the truth thercof: that where a plea in abatement shall be pleaded in any action, in either of the said courts depending, and upon argument the same shall be adjudged insufficient, the plaintiff or plaintiffs, in such actions, shall recover against the defendant or defendants full costs, to the time of over-ruling such plea, including the costs of that court, a lawyer's fee only excepted; and that the plaintiff in replevin, or the defeudant in

any other action, may plead as many several matters as he shall think necessary for his defence, so as they be not admitted to plead and demur to the whole. And for settling the method of, and expediting proceedings of the said courts in Chancery.

And in

XIV. Be it further enacted, by the authority aforesaid, That in all such suits the following rules and Chancery. methods shall be observed and put in practice, to wit, That the complainant shall file his bill the day after the court, to which the Subpoena is returnable, or upon the first appearance of the defendant, that upon the complainant's dismissing his bill, or the defendant's dismissing the same, for want of prosecution, the defendant shall recover his costs: the complainant may amend his bill before the defendant appears, or in a small matter afterwards, without paying costs; but if he amend after appearance, and in a material point, whereby the defendant shall be put to any extraordinary costs, such costs shall be paid before the complainant shall be at liberty to amend his bill. The defendant shall put in his answer, to be filed with the clerk in his office, at, or upon the next rule day after his appearance and bill Giled, at the expiration of which time, if no answer shall be put in, the clerk upon request shall issue an attachment returnable to the next court; and if no answer shall be put in, upon return of such attachment executed, the complainant's bill shall be taken pro confesso, and the matter thereof decreed; and if the attachment shall be returned not executed, an attachment with proclamation shall be issued; and if upon return thereof no answer be put in, the complainant's bill shall be taken pro confesso, and the matter thereof decreed, as aforesaid. No process of contempt shall issue without oath made of the service of the subpoena, unless the same shall be returned served, by a sworn officer: every defendant shall be at liberty to swear to his answer before a justice of the peace. When any cross bill shall be preferred, the defendant or defendants in the first bill shall answer thereto, before the defendant or defendants in the second bill shall be compellable to put in his or their answer to such cross bill. The complainant shall reply or file exceptions by the next succeeding rule day after the defendant shall have put in his answer; and if the complainant, at the expiration of that time, shall neither reply nor file exceptions, the suit shall be dismissed, with costs. If any bill shall be dismissed for