Confined to Fur pas vi et armer. For all statutes If again to be construed strictly. Exp. S. pa. 4 A 3. elatis giving costs are who plead jointly, abid one of them 23 acquitice, and the count, on mot of him found guilty, grants a newtrial, it is error 1. Wash: 32. 5.26. 2. to Day what principal & Interest are duar M. Call us: Jur Ellney of warh: 143. Payment to the Clash, without the intervention of the Court, "Plaintiff. or is not a Jury capary? IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 111 1792. and on fuch verdict the like judgment fhall be entered as heretofore has been by conufpally done in fuch actions. And where judgment on a demurrer, or fallon, or nibil dicit thall be given for the Plaintiff, he may affign as many breaches of the covenants or agreements, as he fhall think fit; upon which a Jury fhall be fummoned, to enquire of the truth of every one of thofe breaches, and to affefs the damages the Plaintiff fhall have fuftained thereby, and execution fhall iffue for fo much; and judgment fhall remain as a fecurity to the Plaintiff, his Executors and Administrators, for any other breaches which may af terwards happen, and he or they may have a fire facias against the Defendant, and affign any other breach, and thereupon damages fhall be affeffed, and execution ifiued as aforefaid. And in all actions which thall be brought upon any bond or bonds, for the payment of money, wherein the Plaintiff fhall cover, judgment fhall be entered for the penalty of fuch bond, to be discharged by payment of the principal and the intereft due thereon, and the other colts of fuit, and execution thall iffue accordingly; or if before judgment the Defendant hall bring into Court the principal and intereft due upon fuch bond, he thall be discharged, and in that cafe judgment fhall be entered for the costs only. And in any action of debt on fingle bill, or in debt, or fcire facias upon in other actions of a judgment, or in debt upon bond, if before action brought, the Defendant debt. hath paid the principal and intereft due by the defeafance or condition, he may plead payment in bar. a re XXII. ALL powers of attorney for confefling or fuffering judgment to pafs by default or otherwife, and all general releates of error, made or to be made by any perfon or perfons whatfoever within this Commonwealth, before action brought, fhall be, and are hereby declared to be abfolutely null and void. a XXIII. EVERY action at common Law, or fuit in equity, commenced in the name of a perfon not refiding in Virginia, unless he be employed abroad in the fervice of the Commonwealth, or of the United States of America, shall be difmiffed, if fecurity be not given with the Clerk of the Court from whence the procefs fhall iffue, or wherein it thall be depending, within fixty days after notice, fhall at any time during fuch non-refidence, have been given to the demandant, or Plaintiff, or his Attorney, by fome perfon interested, that fuch fecurity is required for payment of the cots and damages which may be awarded to the Tenant or Defendant, and also of the fees which will become due to the Officers of the Court. b XXIV. ACTIONS of account fhall and may be brought and maintained against the Executors or Adminiftrators of every guardian, bailiff and receiver, and alfo by one Joint Tenant or Tenant in Common, his Executors or Adminiftrators, against the other as bailiff, for receiving more than comes to his jut fhare or proportion, and against the Executors or Administrators of fuch joiat Tenant, or Tenant in Common, c On bonda for payment of money Powers of attorney for confeffing judgments & releafing errors before. fuit brought, void. Suits brought, by pers fons refiding out of the ftate to be difmiffed, if fecurity be not given for the cofts. Actions of account may be brought againft ex ecutors or adminiftras liffs, and receivers, and tors of guardians, bai by one joint tenant of tehant in common a against the other. Process in reai actione. XXV. PROCESS in all real actions, other than writs of right, fhall be according to the courfe of the common Law, except that the returns fhall be according to the Laws of this Commonwealth, but all efloins, views, and vouchers be, and are hereby taken away; and after one imparlance, unless the Tenant fhall plead non-tenure, joint tenancy, or feveral tenancy, in abatement, and then, after fuch plea fhall be over-ruled, he shall put himself upon the grand alize, and the mife fhall be joined upon the mere right, and be tried at the next Court by twelve Jurors, to be fummoned, tried, and fworn as in all other actions. And to remove all delays and groundless pretences in faving the default of the Tenant, no excufe fhall be admitted but non-fummons; and fuch excufe being allowed, he may imparle, and at the next Court, fhall either plead in abatement, or put himself upon the grand affize, as aforefaid. d XXVI. NO judgment after a verdict of twelve men, fhall be ftayed or re- Judgments not to be verfed for any defect or default in the writ original, or judicial, or for a vari- reverfed for certain deance in the writ from the declaration or other proceedings; or for any mif- fects in the process or pleading, infufficient pleading, difcontinuance, misjoining of the iffue, or lack pleadings. of a warrant of Attorney, or for the appearance of either party, being under the age of twenty-one years, by Attorney, if the verdict be for him and not to his prejudice; or for not alledging any deed, letters teftamentary, or com million of administration, to be brought into Court; or for omiffion of the words with force and arms,' or "against the peace," or for mistake of the chriflian name, or furname of either party, fum of money quantity of mer(a) 22, Geo. 1, ch. 5, fec. 67. (b) 1786, cb. 64. + Acts of 1796, da. 10, b. 5, autherifes the clerk to demand of perfons refiding out of the state, fecurity for fees before fervices performed. (c) 22, Geo. 2, ch. 3, jec. 37. (d) 1b.ch., fec. 21. What defects to be re murrer. chandize, day, month, or year, in the declaration or pleading, (the name, fum, quantity or time being right-in any part of the Record or proceeding) or for omiflion of the averment, "this he is ready to verify," or, "this he is ready to verify by the Record," or for not alledging as appeareth by the Record," or for omitting the averment of any matter, without proving which, the Jury ought not to have given fuch verdict or for not alleging that the fuit or ac tion is within the jurifdiction of the Court, or for any informality in entering up the judgment by the Clerk; neither fhall any judgment entered upon confefiion, or by nil dicit, or non fum informatus, be reveríed, nor a judgment af ter enquiry of damages be ftayed or reverfed for any omiflion or fault, which would not have been a good taufe to ftay or reverfe the judgment if there had been a verdict. a XXVII. WHERE a demurrer shall be joined in any action, the Court shall garded in cafe of de- not regard any other defect or imperfection in the writ, return, declaration or pleading, than what fhall be fpecially alledged in the demurter, as causes thereof, unlets fomething fo effential to the action or defence, as that Judgment according to Law, and the very right of the caule cannot be given, shall be omitted. a When a poffeffion of XXVIII. IN controverfies affecting lands, tenements, or hereditaments, part of lands fhall not poffeffion of part fhall not be conftrued a poffeffion of the whole, when an actual be deemed a poffeffion adverfe poffeffion can be proved. of the whole. Actual poffeffion not bly may be given in Jury may take with Rule refpecting nonfuits, How many new trials may be allowed. Exceptions to declarations in, ejectment when to be made, Scrolls by way of feals valid. What omiffions in ver remedied, and how. XXIX. ACTUAL poffeffion need not be proved to maintain a writ of right. XXX. PRIVATE Acts of Affembly may be given in evidence without pleading them ipecially, a XXXI. PAPERS read in evidence, though not under feal, may be carried from the bar by the jury. a XXXII. INTERPRETERS may be fworn truly to interpret when neceffary, a XXXIII. EVERY perfon defirous of fuffering a non-fuit on trial, shall be barred therefrom, unleis he do fo before the jury retire from the bar. a XXXIV. NOT more than two new trials fhall be granted to the fame party in the fame cause. a XXXV. AFTER iffue joined in an ejectment on the title only, no exception of form or substance shall be taken to the declaration in any Court whatfo ever. a XXXVI. ANY inftrument to which the perfon making the fame, shall affix a scroll by way of feal, thall be adjudged and holden to be of the fame force and obligation as if it were actually sealed. a XXXVII. IF in detinue the verdict fhall omit price or value, the Court may dicts in detinue may be at any time award a writ of enquiry to atcertain the fame. If on an iffue cou cerning feveral things in one count in detinue, no verdict be found for part of them, it shall not be error, but the Plaintiff thall be barred of his title to the things omitted. a Where one of several counts is faulty, and XXXVIII. WHERE there are feveral counts, one of which is faulty, and there are general da entire damages are given, the verdict fhall be good; but the Defendant may apply to the Court, to inftruct the jury to difregard fuch faulty count, a mages, the verdict fhall be good. Executions and other procefs duly ferved good, though not directed to any fheriff. Any judge of the General Court or juftice may take special bail. XXXIX. AN execution, writ, or other procefs appearing to be duly ferved in other reípects, thall be deemed good, although it be not directed to any Sheriff. b XL. ANY Judge of the General Court, when the Diaria Court is not fitting, or any juttice of the Peace, may take recognizance of special bail, in any action depending in any Court of Record within this Commonwealth, which thall be traninitted by the perion taking the fame, before the next luc ceeding Court, to the Clerk of the laid Court, to be filed with the papcis in fuch action: The form of which recognizance fhall be in the following words, to wit: (a) 1789, ch. 28, jec. 1, 2, 3, 7, 9, 10, 11, 12, 13, 14, 15, 15. (b) 1798, cb. 67, Jec. 75. |