IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH, 87 peace, 1792. Criminal cafes except their warrant, may cause any traitor, felon, pirate, rioter, breaker of the XVIII. IN all actions or fuits which may be commenced against the Go- Procefs in fuits against vernor of this Commonwealth, any Member of the Privy Council, any of the the Governor, Coun Judges of the Superior Courts, or the Sheriff of any County, during his conti- cillors, Judges and Shenuance in office, inftead of the ordinary procefs, a fummons thall iffue to the Sheriffs, riff, or other proper Officer, reciting the caufe of action, and fummoning fuch Defendant to appear and anfwer the fame, on the proper return day, in the next Court; and if fuch Defendant, being fummoned, or after a copy fhall have been left at his houfe ten days before the return day, fhall not appear to anfwer the fime, the Court fhall proceed against such Defendant, in the fame manner as if he had been taken upon a capias ad refpondendum. Provided always, that after judgment and the return of a fieri facias by the Sheriff of that County in which the Defendant in any fuch cafe refides, that no effects, or not fufficient are to be found in his bailiwick to fatisfy the faid judgment, a capias ad fatisfaciendum be iffued, as in other cafes. b may want thereof, or of bail. XIX. IN all actions to recover the penalty for breach of any penal Law, In certain fuits plaintif not particularly directing special bail to be given, in actions of flander, tref- to indorie on the writ pafs, affault and battery, actions on the cafe for trover, or other wrongs, and the true fpecies of acall perfonal actions, except fuch as fhall be herein after particularly mentioned, tion. the Plaintiff or his Attorney, fhall, on pain of having his fuit difmiffed with cofts, indorfe on the original writ, or fubfequent procefs, the true fpecies of action, that the Sheriff to whom the fame is directed, may be thereby informed whether bail is to be demanded on the execution thereof; and in the cafes In which the theriff may before mentioned, the Sheriff may take the engagement of an Attorney practi- take the engagement of fing in the County Court, indorfed on the writ that he will appear for the De- an attorney to appear fendant or Defendants, and fuch appearance fhall be entered with the Clerk in for defendant; but shall the office on the first day after the end of the Court to which fuch procefs is re- not commit him for turnable. And although no fuch engagement of an Attorney fhall be offered to the Sheriff, he shall nevertheless be reftrained from committing the Defendant to prifon, or detaining him in his cuftody for want of appearance bail; but the Sheriff in fuch cafe thall return the writ executed, and if the Defendant fhall fail to appear thereto, there fhall be the like proceeding against him only, as is herein after directed against Defendants and their appearance bail, where fuch is taken. Provided always, that any Juftice of the Peace, in actions of Any juftice may dr:& trefpafs, affault and battery, trover, and converfion, and in actions on the cafe, bail to be taken. where, upon proper affidavit, or affirmation, it fhall appear to him proper that the Defendant or Defendants fhould give appearance bail, may, and he is hereby authorifed to direct fuch bail to be taken by indorfement on the original writ, or fubfequent process; and every Sheriff fhall govern himself accordingly. covenant where ball is required. XX. IN all actions of debt founded upon any writing obligatory, bill, or Directions to the sheriff note in writing, for the payment of money or tobacco, all actions of or detinue, in which cafes the true fpecies of action hall be indorsed on the writ, as before directed, and that appearance bail is to be required, the Sheriff fhall return on the writ, the name of the bail by him taken, and a copy of the bail-bond to the Clerk's office before the day of appearance; and if the Defendant hall fail to appear accordingly, or fhall not give fpecial bail, being rul ed thereto by the Court, the bail for appearance may defend the fuit, and fhall When bai! may defend be fubject to the fame judgment and recovery, as the Defendant might or the fuit. would be fubject to, if he had appeared and given special bail; and in actions of detinue the bail-piece fhall be to changed, as to fubject the bail to the reftituti. How bail is to be given on of the thing, whether animate or inanimate, fued for, or the alternative in detinue. lue, as the Court may adjudge. va ficient bail. XXI. AND if the Sheriff or other Officer shall not return bail, and the co- Remedy against heriff py of the bail bond, or the bail returned fhall be adjudged infufficient by the neglecting to return íuf. Court, and the Defendant fhali fail to appear and give fpecial bail, if ruled thereto, in fuch cafe the Sherift or other Officer may have like liberty of defence, and fhall be fubjed to the fame recovery as is provided in the cafe of appear (a) 1748, Ch. 4. i2, 13, 14, (6) 1788, ch. 67, sec. 25. Formerly the Sheriff" was anty exepared to vetura the names of the boil. 1792. 88 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. ance bail. And if the Sheriff or other Officer depart this life before judgment. be confirmed against him, in fuch cafe the judgment fhall be confirmed againft his Executors or Adminiftrators, or if there shall not be a certificate of probat or administration granted, then it may be confirmed against his eftate, and Exceptions to bail when a writ of fieri facias may in either cafe be iffued; but the Plaintiff fhall object to the fufficiency of the bail during the fitting of the Court next fucceeding that to which the writ is returnable, or in the office on the first or second rule day, and at no time thereafter. a to be made, Defendants upon ap pearance may be ruled to give fpecial bail. No bail to be demanded of a refident in one nother, until a return of county who is fued in a non eft inventus. Provifo Any juftice may take recognizance of fpecial ba l. XXII. AND upon appearance of the Defendant in any perfonal action, where the Plaintiff fhall move that the Defendant may be held to fpecial bail, the Court may, if they fee caufe, rule him to give bail accordingly, or commit him in cuftody of the Sheriff or other Officer till fuch bail be given; and the perfon and perfons becoming special bail, fhall be liable to the judgment and recovery against fuch Defendant, unless he render his body in execution in difcharge of his bail. a XXIII. NO bail shall be demanded on a writ of capias ad refpondendum, which shall be iffued against a refident of one County in any other, until a non eft inventus has been returned in the County or Corporation in which the Defendant refides, upon a capias iffued in the fame fuit against fuch Defendant, and every writ iffued contrary thereto without an indorfement of "no bail required,” fhall be voidable at any time before iffue joined, or judgment by default, nil dicit or non fum informatus thereon, but not afterwards. Provided, that no fuch writ iffuing from the County or Corporation in which the cause of action accrued, fhall be voidable by reafon of bail being required thereon. b XXIV. ANY Justice of the Peace, when the Courts are not fitting, may take recognizance of fpecial bail in any action therein depending, which thall be returned by the Juftice taking the fame to the Clerk of the Court, before the next fucceeding quarterly Court, to be filed with the papers in fuch action. XXV. IF the Plaintiff or his Attorney fhall except to the fufficiency of the Exception to bail, how bail fo taken by a Juftice out of Court, notice of fuch intended exception fhall be given to the Defendant or his Attorney, at least five days previous to the day at which fuch exception fhall be taken; and if fuch bail thail be adjudged infufficient by the Court, the recognizance thereof fhall be discharged, and fuch proceedings fhall be had, as if no fuch bail had been taken. to be made. The fame proceedings against bail and fharifs as in the District Courts. Rules to be held monthly in clerk's office. XXVI. THE fame proceedings fhall be had against the common bail and Sheriff, or other Officer in any fuit, or either of them, their Executors or Adminiftrators, and they or either of them may have the fame remedy against the Defendant, or his Executors or Administrators, in the County and Corporation Courts at their quarterly feffions, as is directed to be had in any District Court in fuch cafes. c XXVII. ALL imparlances to be taken, and pleadings to be filed, both in common Law and in Chancery, until an iffue is joined, or interlocutory decree Kule days to be appoint- or judgment obtained, fhall be done at rules to be held monthly in the Clerk's office, on fuch days as the Courts at their respective quarter Seffions, fhall ap-, point; which rules fhall be diftinctly entered in a book, to be kept for that purpofe, and the Clerk fhall be allowed the fame fees for entering fuch rules, as if the fame had been made in Court. c ed by the courts. Rules to be given from office; but may be fut afide at the quarterly feflions. XXVIII. ALL rules to declare, plead, reply, rejoin, and for other promonth to month in the ceedings, fhall be given from month to month, and fhall be made and entered with the Clerk of the Court, in the fame manner as rules are made and entered with the Clerks of the District Courts, in fuits depending in them. Provided nevertheless, That the Court may at their quarterly Seffion next after any of the faid rules and proceedings have been had in the Clerk's office, for good caufe to them fhewn, fet afide any of the faid rules and proceedings, and make fuch order concerning the fame, as to them may appear just and right. c Office judgments, when to be fet afide. XXIX. WHERE any final judgment fhall be entered up in the office against any Defendant or Defendants and their fecurities, or against any Defendant or Defendants and Sheriff or other Officer, by default, execution may illue thereon after the next fucceeding quarterly Court, unless the fame be fet afide during fuch Court, in like manner as office judgments in the District Courts may be fet afide; and all office judgments fo fet afide, fhall be immediately put at the end of the iffue docket. (a) 1748, ch. 4, fec. 16, amended. (b) 1787, cb. 10, Sec. 4. (c)1787, ch. 10, jec. 2, amended. |