1792. Penalty for acting without taking the oaths. Jurifdiction of the court. In what cafes to be con fidered as always open. Officers to be appointed. The court may require the opinion of the Gene ral Court in matters of law. May proceed against other abfent defendants as against absent debtors. tried. May direct iffues to be cafes. Suits properly cognizable in the General Court may be tried in the Court of Chancery, 64 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. You shall not take by yourfelf, or by any other, any gift, fee, or reward, of gold, silver, or any other thing, directly or indirectly, of any perfon or perfons, great or fmal, for any matter done or to be done by virtue of your office, except fuch fees or falary as fball be by Law appointed. You shall not maintain by yourself, or by any other, pri vily or openly, any plea or quarrel depending in the Courts of this Commonwealth. You shall not delay any perfon of right for the letters or request of any person, nor for any other canfe; and if any letter or request come to you contrary to Law, you sball no bing do for fub letter or request, but you fall proceed to do the Law, any fuci letter or request notwithstanding; and finally, in all things belonging to your jaid office, during your continuance iberein, you hal! faitefully, justly, and truly, according to the best of your skill and judgment, do equal and impartial justice, without fraud, favor, affection or partiality "So help you GOD. Such oath shall be taken before the Executive, and a certificate recorded in the faid Court. VII. IF any perfon shall prefume to execute the faid office, without having taken the faid oaths, he shall forfeit and pay the sum of fifteen hundred dollars for his faid offence. (a) VIII. THE faid Court shall have general jurifdiction over all perfons, and in all caufes in Chancery, now pending therein, or which may hereafter be brought before it, whether by original process, appeal from any Inferior Court, certiorari, or other legal means, and alfo in fuch other cafes, as by any statute, are, or shall be made cognizable therein: But no perfon shall commence an original fuit in any matter of lefs value than thirty-three dollars and thirty-three cents, except it be against the Juftices of any County or other Inferior Court, on pain of having the fame difmiffed with cofts. (a) IX. THE faid Court shall be confidered as always open, fo as to grant injunctions, writs of ne exeat, certiorari, and other procefs heretofore usually granted in vacation. (a) his office during good behaviour, and be entitled to fuch fees or falary as the X. THE faid Court shall have power to appoint a Clerk, who shall hold Legislature may appoint, as alfo a Serjeant at Arms: (a) And in cafe of a vacancy in the recefs of the faid Court, the faid Judge may make the like appointments under his hand and feal, during a vacation; and fuch fucceeding Clerk or Serjeant, having, in any Court of Record, taken the oaths required by Law, chall exercife the fame power, perform the fame duties, and be entitled to the fame fees and profits, as if he had been appointed in Term time. (b) XI. IT fhall be lawful for the High Court of Chancery to fend any matter of Law to the General Court, for their opinion, to be certified thereupon. (c) XII. ALTHOUGH any of the Defendants, whether debtors or others, in any fuit inftituted in the faid Court, fhould be abfent from the Commonwealth, the Court may nevertheless proceed to a hearing and decree therein, as in the cafe of abfent debtors having effects within the Commonwealth. (a) XIII. THE faid Court in its difcretion, may direct an iffue to be tried, whenever it fhall be judged neceflary, either in that Court, or in any other Court whatfoever, as juftice or convenience to the parties may require, and is all other cafes the mode of trial fhall be the fame as hath been heretofore used and practifed in the Courts of Chancery in Virginia. (e) XIV. IF a majority of the Judges of the General Court be interested in any fuit, which in the cafe of any other perfon would have been proper for the Jurifdiction of fuch Court, it may be lawful to inflitute fuch fuit in the High Court of Chancery, where proceedings fhall be had conformably to the rules when a majority of the of the General Court, and procefs fhall be returnable as the High Court of Chancery shall direct; and thereafter an appeal may be entered to the Court of Appeals. (f) judges of the former are interested. When appeals may be made from decrees in county courts where not entered when the decrees were pronounced. XV. IT fhall be lawful for the faid Court to arrange the bufinefs thereof, in the most convenient and equitable manner. (g) XVI. ANY party thinking himself aggrieved by a decree of the Court of a County, City, or Borough, in Chancery, and not having entered an appeal from the decree at the time it was pronounced, may appeal from fuch decree at any time within one month after the decree pronounced, lodging for that pur pofe with the Clerk of the High Court of Chancery, a copy of the proceedings in the fuit, and a petition fuggciting error in the decree, figned by fome Counfel attending the High Court of Chancery, and alfo lodging with the petition (a) Oct. 1777, ch. 15, fec. 2. (d) 1787, ch. 9, fec. 3. (e) OA, 1788, ch. 69, fec. 4. (b) May 1778, cb.7. (c) 1788, ch. 69, fec. 8. 1783, ch. 26, fec 3. (ƒ) 1788,ch.67, fec. 131. 1792. IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 65 a bond executed by the appellant or his agent, and a furety or fureties, with the like condition as is annexed to other appeal bonds, and affidavits, or folemn affirmations, verifying the fufficiency of the fureties; and the Clerk fhall thereupon iffue a fummons against the appellee, requiring him to appear and an fwer the faid petition and appeal, and shall alfo iffue a fuperfedeas, if neceflary, to enjoin from proceeding in execution of the decree; and the Court fhall and may hear and determine the appeal in the fame manner as if the appeal had been entered at the time the decree was pronounced. (a) XVII. PROVIDED always, That whenever an appeal is prayed for from By whom bond and feany Inferior court to the faid High Court of Chancery, or bond is given for the curity may be given in appeals, &c. removal of any fuit in Chancery, in any manner whatsoever, it shall be fufficient in either cafe, if the faid bond or bonds fhall be executed by good and fufficient fecurities, although the appellant or party shall not execute the faid bond or bonds. (b) not entered when the XVIII. THE faid Court, or the Judge thereof in vacation, fhall have pow- How appeals may be er, for good caufe fhewn, to allow a petition of appeal, and if neceffary, order obtained from decrees a juperfedeas to ftop the execution of any decree pronounced by an Inferior in county courts where Court, at any time within three years after pronouncing the fame; the party decrees were pronouncpraying fuch appeal and superfedeas, complying with the terms which the faid ed. Court or Judge thall annex to fuch order. (c) Return days. XIX. ALL original procefs to bring any perfon to answer any bill, petition Procefs how to be issued. or information in the faid Court, and all fubfequent procefs thereupon, thall be iffued and figned by the Clerk in the name of the Commonwealth, and bear teste by the Judge of the faid Court; fhall be returnable to the first or seventeenth days of the term, which shall be next after the fuing out fuch procefs, and may be executed at any time before the return day thereof. And if any procefs thall be executed fo late that the Sheriff hath not reasonable time to return the fame before the day of appearance, and thereupon any fubfequent procefs ihall be awarded, the Sheriff fhall not execute fuch fubfequent procefs, but shall return the first procefs by him executed, on which there fhall be the fame proceedings as if it had been returned in due time. (d) XX. ALL appeals from decrees in Chancery, obtained in any Inferior Court, fhall be made to the third day of the next term. XXI. IN all fuits in the faid Court, the following rules and methods shall be obferved: The complainant fhall file his bill within one calendar month after the day of appearance, or may be ruled on the requifition of the defendant to file fuch bill, and if he fails to do fo within one calendar month after fuch rule, the fuit may be difmiffed with cofts; and if he shall fail to file the fame within three months after the fubpoena thall be returned executed, the suit shall stand ipfo fatto difmiffed with colls. (e) XXII. AND upon the complainant's difmiffing his bill, or the defendant's dimiffing the fame for want of profecution, the complainant thail pay cofts, to be taxed by the Clerk of the Court; for which colts, an attachment, or other process of contempt, or an execution may iffue, at the election of the defendant, returnable on any return day. (ƒ) XXIII. THE complainant may amend his bill before the defendant or his attorney hath taken out a copy thereof, or in a small matter afterwards, without paying cofts; but if he amend in a material point after fuch copy obtained, he thall pay the defendant all costs occafioned thereby. (f) XXIV. IF the defendant hall not appear on the day of appearance, (which in all cafes fhall be the fecond day after the Term to which the fubpana is returnable) an attachment fhall be awarded and iffued against him, returnable to the next Term, which being returned executed, if the defendant doth not appear, or being brought into Court upon any fuch procefs, fhall obftinately refufé to answer, the complainant's bill thall be taken as confessed, and the matter thereof decreed accordingly. ( XXV. THE defendant within three calendar months after his appearance and bill filed, fhall put in his answer to be filed with the Clerk in the office, as the expiration of which time, if no answer be filed, the Clerk, upon request, fhall iffue an attachment, returnable to the next Court; and if no answer be filed upon the return of fuch attachment executed, or a copy thereof left at the defendant's ufual place of abode, or laft place of refidence, the complainant's bill (a) May 1773, ch. 7, fec. 3. (b) 1787, ch.9, fec. 2. (c) ibid. (4) 0. 1777, ch. 15, fec. 2. (e) 04. 1777, ch. 15. Jec. 3. 1787, ch. 9. (f) 08. 777, ch. 15, fec. 4. 5. 6. K Appeals to be made to the third day of the next term. Rules to be obferved in the pleadings. fhall be taken as confefled, and the matter thereof decreed; and if the attachment be returned not executed, an attachment with proclamation, and such subfequent process of contempt may iffue as was heretofore ifluable out of the General Court fitting in Chancery in like cafes, a XXVI. NO process of contempt fhall iffue unless the fubpæna be returned ferved by a fworn officer, or affidavit be made of the fervice thereof. b XXVII. EVERY defendant may fwear to his anfwer before any Judge of this or of the General Court, or any Juftice of the Peace. b XXVIII. IF the defendant does not file his anfwer within three months after the plaintiff fhall have filed his bill, having alfo been ferved with the jab**pana at least three months before the faid time for filing his answer, the plaintiff may have a general commiffion to take depofitions, or he may move the Court to bring in the defendant to answer, interrogatories, at his election, and proceed on to hearing in the two lait cafes, as if the anfwer had been filed, and the caufe was at iffue: Provided, That the Court for good caufe fhewn, may allow the answer to be filed, and grant a further day for fuch hearing.c XXIX. AFTER answer filed, and no plea in abatement to the jurifdiction of the Court, no exception for want of jurifdiction fhall ever afterwards be made, nor fhall the High Court of Chancery, or any other Court, ever thereafter delay or refufe juftice, or reverfe the proceedings for want of jurifdiction, except in cafes of controverfy respecting lands lying without the jurifdiction of fuch Court, and alfo of infants and femes covert. d XXX. WHEN a crofs bill fhall be exhibited, the defendant or defendants to the first bill thall answer thereto, before the defendant or defendants to the Crofs bill fhall be compelled to answer fuch cross bill. e XXXI. THE complainant fhall reply, or file exceptions within two calendar months after the anfwer fhall have been put in. If he fails so to do, the defendant may give a rule to reply with the Clerk of the Court, which being expired, and no replications or exceptions filed, the fuit fhall be difmiffed with cofts; but the Court may order the fame to be retained if they fee cause, on payment of costs. ¿ XXXII. IF the complainant's Attorney fhall except against any anfwer as infufficient, he may file his exceptions, and give a rule with the Clerk to make a better answer within two calendar months, and if within that time the defendant fhall put in a fufficient anfwer, the fame fhall be received without cofts; but if any defendant infifts on the fufficiency of his anfwer, or neglects or refuses to put in a fufficient anfwer, or fhall put in another infufficient anfwer, the plaintiff may fet down his exceptions to be argued the next term in Court, and after the. expiration of fuch rule, or any fecond infufficient anfwer put in, no farther or other anfwer fhall be received but upon payment of costs. ƒ XXXIII. IF upon argument the complainant's exceptions shall be over-ruled, or the defendant's antwer adjudged infufficient, the complainant fhall pay to the defendant, or the defendant to the complainant, fuch cofts as shall be allowed by the Court. ƒ XXXIV. UPON a second answer adjudged infufficient, cofts fhall be dou bled. f XXXV. IF a defendant fhall put in a third infufficient anfwer, which fhall be-fo adjudged, he or the may be examined upon interrogatories, and committed until he or she fhall answer them, and pay colts. f XXXVI. IF the defendant, after proceis of contempt, put in an infufficient anfwer, which fhall be fo adjudged, the complainant may go on with the subfequent process of contempt as if no answer had been put in. f XXXVII. RULES to plead, anfwer, reply, rejoin, or other proceedings not before particularly mentioned, when neceffary, fhall be given from month to month with the Clerk in his office; and thall be entered in a rule book for the information of all parties, attornies, or folicitors, concerned therein. ƒ XXXVIII. NO defendant shall be admitted to put in a rejoinder, unless it filed on or before the expiration of the rule to rejoin, but the complainant may proceed to fet his cause down for hearing. f XXXIX. AFTER an attachment with proclamation returned, no plea or demurrer fhall be received, unlefs by an order of Court, upon motion. f * (a) 1790, ch. 12, fec. 3. (b) Oct. 1777, ch. 15, fec. 8 9. (c) 1787, ch. 9, Sec. 2, as altered by 1790, ep. 12, jec. 3. (d) 1787, cb, 9, fec. 2. (e) Oct. 1777, b. 15, fec. 10 11. (f) 08. 1777, ch. 15, f. 12 13 14 15 16 17 18 19. |