of all damages he may have sustained by the neglect of the defendant to put in such bail. No Suit to be commenced fendant returned, etc. ACTIONS AGAINST SPECIAL BAIL. (4147.) SEC. 15. No suit shall be commenced upon any against special special recognizance of special bail, until an execution against the tion against de- body of the defendant, having at least fifteen days between the teste and return thereof, shall have been issued to the Sheriff of the county in which such defendant was arrested, and by him returned that the defendant could not be found within his county. Sheriff to endeavor to serve Execution, etc. When bail en titled to verdict in their favor. lieve bail on pal. (4148.) SEC. 16. Upon any such execution being issued and delivered to the Sheriff, it shall be his duty to use all reasonable endeavors to execute the same, notwithstanding any directions he may receive from the plaintiff, or his attorney. (4149.) SEC. 17. If it appear on the trial of any such action against bail, that an execution against the body of the defendant was not issued as herein directed, or that it was not issued in sufficient time to enable the Sheriff to execute the same, or that directions were given by the plaintiff or his attorney to prevent the service of such execution, or that any other fraudulent or collusive means were used to prevent such service, the bail shall be entitled to a verdict in their favor. Court may re- (4150.) SEC. 18. When the defendant in a suit shall die after death of princi- the return of the execution against his body, and before the expiration of eight days from the return of the process served on his bail, the Court shall relieve such bail on the same terms as if they had surrendered their principal at the time of his death. In case of scire fa cias against bail, (4151.) SEC. 19. In all cases in which proceedings shall be no proceeding to had against bail, by scire facias, it shall be necessary to serve be had until writ ally served. returned person- such writ personally upon the defendant, and to have the same duly returned that it has been so served; and no further proceedings shall be had until such writ shall be so returned. Before whom defendant may be SURRENDER OF DEFENDANT. (4152.) SEC. 20. The special bail of any defendant may sursurrendered in render him, or such defendant may surrender himself in exon exoneration of special bail. eration of his bail, before any Justice of the Supreme Court, Circuit Court Commissioner, Judge of a Circuit Court, or (4153.) SEC. 21. The proceedings to effect such surrender, Proceedings to of shall be as follows: 1. There shall be produced to the officer authorized to accept the same, two copies of the bail piece, upon one of which such officer shall endorse an order that the defendant be committed to the custody of the Sheriff, in exoneration of his bail, which shall be delivered to such Sheriff, and shall authorize him to commit and detain such defendant, until he shall be duly discharged; 2. Upon producing to such officer the certificate of the Sheriff, that the defendant has been committed to, and remains in his custody, by virtue of such order of commitment, acknowledged before such officer by the Sheriff, or proved by a subscribing witness thereto, an order shall be made by such officer, requiring the plaintiff to show cause before him, at such time and place as he shall appoint, why the bail of such defendant should not be exonerated from their liability; 3. Upon producing proof of the due service of such order on the plaintiff or his attorney, such officer shall proceed to hear the allegations and proofs of the parties; and if no good cause to the contrary appear, shall endorse an order on the second copy of the bail piece, briefly reciting the proceedings had before him, and thereby declaring that the bail of such defendant are discharged from all liability as such bail, in the suit in which such bail piece was taken; 4. To such copy of the bail piece shall be attached the certificate of the Sheriff hereinbefore required, with the acknowledgment or proof thereof, the order to show cause and the proof of the service thereof; which paper shall be immediately filed in the office of the Clerk of the Court; and until so filed, the liability of the bail shall continue. fect surrender. fendant on Bail (4154.) SEC. 22. When a bail bond shall have been taken on Surrender of dethe arrest of a defendant, the bail therein may surrender their Bond. principal, or he may surrender himself in exoneration of his bail, in the same manner, before the same officers, and with the like effect as provided in the preceding section with respect to special bail. 43 SECTION 4156. Statute how referred to in action of debt 4157. How to declare in Assumpsit on Statute. Co-Defendant. 4167. Separate actions may be brought as now 4168. Pleas in abatement by joint drawer, etc. SECTION 4170. How action may be severed. 4172. One or more of Defendants may move for 4173. Judgment upon Demurrer. 4174. What cefects to be amended by Court 4180. In what cases and under what circumstan- 4181. Notice of set-off. 4183. When judgment for Defendant, etc. When Bond, etc., executed by Of the State, suit in the name of the People. Chapter Ninety-Nine of Revised Statutes of 1846. (4155.) SECTION 1. When any officer or agent of this State, ficer or Agent of either by his name, or the name of his office, is or shall be one may be brought of the parties to, or shall have executed, or shall hereafter execute any bond, covenant, contract, promise or agreement, in a matter concerning the People of this State, and in which the said People, and not such officer or agent, is or shall be the real party in interest, it shall be lawful to maintain an action against the other party to any such bond, covenant, contract, promise or agreement for the breach or non-performance of the same, in the name of the People of this State, in the same manner and with the like effect as if the said People, instead of such officer or agent, had been named as a party to, and had executed such bond, covenant, contract, promise or agreement, but no such action shall be brought, except by the Attorney General, on behalf of the People. ferred to in ac (4156.) SEC. 2. In actions of debt, brought to recover any Statute how remoney, goods, or other things received by any person contrary tion of debt on to the provisions of any statute, it shall be sufficient for the Statute. plaintiff, without setting forth the special matter, to allege in his declaration that the defendant is indebted to the plaintiff in the sum so received, or in the value of the goods or other things so received, whereby an action hath accrued to the plaintiff, according to the provisions of such statute, naming the subject matter thereof, in the following form: "According to the provisions of the statute regulating the rate of interest on money," or "according to the provisions of the statute against betting and gaming," as the case may require, or in some other general terms referring to such statute. assumpist on (4157.) SEC. 3. If an action of assumpsit be brought for any How to declare in money received contrary to the provisions of any statute, it statute. shall be sufficient for the plaintiff, without setting forth the special matter, to allege in his declaration that the same was received contrary to the provisions of such statute, referring to the same, as prescribed in the preceding section. (4158.) SEC. 4. If an action of trover be brought for any How to declare in goods or other things received contrary to the provisions of ute." any statute, the plaintiff shall set forth in his declaration that such goods or other things were converted by the defendant, contrary to the provisions of such statute, referring to the same, as prescribed in the preceding sections. trover on Stat of chose in action own name, etc. (4159.) SEC. 5. The assignee for a valuable consideration of When Assignee any bond, note or other chose in action, which has been or may sue in his hereafter may be assigned, if the assignor be dead and there be no executor or Administrator appointed upon his estate, or if such executor or Administrator have no interest in the thing so assigned, or shall refuse to prosecute for the same, may sue and recover in his own name upon such bond, note or other chose in action, and the defendant in all such suits, until due notice of such assignment shall have been given, may set up and avail himself of any defence he may have in such action, in the Action against makers, endors ers, and accept same manner, and with the like effect as if the assignor had been living, and the action had been prosecuted in his name. (4160.) SEC. 6. It shall be lawful for the holder of any bill of ors of bills of ex- exchange or promissory note hereafter to be made, instead of bringing separate suits against the drawers, makers, endorsers, and acceptors of such bill or note, to include all or any of the said parties to the bill or note in one action, and to proceed to judgment and execution in the same manner as though all the defendants were joint contractors. change, etc. 2 Hill, 188. Plaintiff may de clare on money note in evidence. (4161.) SEC. 7. The plaintiff in any such action, and in all counts, and give other actions on bills of exchange or promissory notes, may declare upon the money counts alone; and any such bill or note may be given in evidence under the money counts in all cases where a copy of the bill or note shall have been served with the declaration. Judgment may be rendered against ants, and in favor of others. (4162.) SEC. 8. In any such action judgment may be rendered some of defend for the plaintiff against some one or more of the defendants, and also in favor of some one or more of the defendants against the plaintiff, according as the rights and liabilities of the respective parties shall appear, either upon confession, default, by pleading or on trial; and when judgment shall be rendered in favor of any defendant, he shall recover costs against the plaintiff, in the same manner as though judgment had been rendered for all the defendants. How defendants may set-off demands. When verdict or report to be in ants generally, (4163.) SEC. 9. In any such action, any person or persons sued, shall be entitled to set-off his or their demands against the plaintiff, in the same manner as though such defendant or defendants had been sued in the form heretofore used. (4164.) SEC. 10. If, upon the trial of any such action, the favor of defend whole amount of the demands set-off by any or all of the and when to spe- defendants, and allowed by the jury or referees, shall be equal ed each defend- to, or shall exceed the amount of the plaintiff's demand as cify set off allow ant. Rights, etc., of party to bill or note. proved on the trial, the jury or referees shall find a verdict or make a report in favor of the defendants generally; but if the jury or referees shall allow any demand as a set-off, and shall still find or report a balance in favor of the plaintiff, they shall state in their verdict, or certify in their report, the amount which they allow to each defendant as a set-off against the plaintiff's demand. (4165.) SEC. 11. The rights and responsibilities of the several parties to any such bill or note, as between each other, shall remain the same as they now are by law; saving |