Act of March 2, 1819-January 1, 1820. R. C. ch. 71. or witnesses shall be liable to such action for damages, at the suit of the party aggrieved, as he, she or they would have been liable to for a default in court as aforesaid. Ibid. 19. § 65. No justice of the peace of any county, mayor, recorder or alderman of any corporation court, who is, or shall be commissioner in chancery, shall give an opinion in the reference of any cause, nor on the trial of any suit, in which he has, or shall have acted as commissioner. Ibid. 20. § 61. In all suits hereafter instituted on the chancery side of a county or corporation court within this commonwealth, it shall and may be lawful for the clerk thereof, in all cases where there shall be more than one defendant in such suit, to issue process against such of the defendants as do not reside within the said county or corporation, directed to the sheriff or serjeant of any county or corporation within this commonwealth; upon whose return, the same proceedings shall take place, as if the process had been served by the proper officer, of such county or corporation court. Jan. 20, 1798, c. 226, R. C. 21. § 62. Whenever an injunction shall be obtained in any county or corporation court, to stay proceedings at law upon a judgment of such court, or a bill exhibited to forclose the equity of redemption in mortgaged premises, (which is hereby declared to be sustainable in the court of the county or corporation where the land lies, notwithstanding the defendant or defendants, or any of them, may reside out of such county or corporation,) it shall and may be lawful for the clerk thereof to issue any legal process, against such defendant or defendants as do not reside within the said county or corporation, directed to the sheriff or serjeant of any county or corporation within this commonwealth, upon whose return the same proceedings shall be had, as if the process had been served by the proper officer of the county or corporation in which the suit may be depending. Jan. 29-April 1, 1805, c. 57, ed. 1808. 22. § 35. In all suits in the county or corporation courts in chancery, the following rules and methods shall be put in practice and observed, to wit. See Oct. 1748, c. 7,5 Stat. Larg. 501; 1792, c. 67, R. C. 23. § 36. The complainant shall file his bill on the first rule day after the return of the subpœna executed, or upon the first appearance of the defendant, upon pain of having the same dismissed by the defendant; and if he shall fail to file the same within three months from the time of such return, the suit shall stand dismissed with costs. 1792, c. 67, R. C. 24. § 37. Upon the complainant's dismissing his bill, or the defendant's dismissing the same for want of prosecution, the defendant shall recover his costs. Ibid. 25. 38. 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. Ibid. 26. § 39. If any defendant shall not appear upon attachment returned executed, or being brought into court upon such process, shall obstinately refuse to answer the complainant's bill, such bill shall be taken for confessed, and the matter thereof decreed accordingly. Ibid. 27. § 44. Every defendant shall be at liberty to swear to his answer, before any justice of the peace. Ibid. 28. § 40. The defendant shall file his answer at the next rules, after his appearance, and bill filed; and if no answer be then put in, an attachment may be awarded, returnable to the next court; and if no answer be put in upon re Act of March 2, 1819—January 1, 1820. R. C. ch. 71. turn of the attachment executed, the complainant's bill shall be taken for confessed, and the matter thereof decreed. Ibid. 29. § 41. If the attachment be returned not executed, an attachment with proclamation shall be issued; and if, upon the return thereof, no answer shall be put in, the complainant's bill shall be taken for confessed, and the matter thereof decreed as aforesaid. Ibid. 30. § 42. No process of contempt shall issue without oath made of the service of the subpoena, unless the same be returned served by a sworn officer. Ibid. 31. 43. If the defendant does not file his answer within three months after the plaintiff shall have filed his bill, having also been served with the subpœna, at least three months before the said time for filing his answer, the plaintiff may proceed to take his bill for confessed, and proceed in the same manner as in a case of an attachment returned executed; or he may have a general commission to take depositions; or he may move the court to bring in the defendant to answer interrogatories, at his election, and proceed on to hearing in the last two cases, as if the answer had been filed, and the cause was at issue: Provided, That the court, for good cause shewn, may allow the answer to be filed, and grant a further day for such hearing. Ibid. 32. § 45. 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. Ibid. 33. § 46. The complainant shall reply or file exceptions, at the next rules after defendant's putting in his answer; and if the complainant shall not then reply, nor file exceptions, his bill shall be dismissed with costs. Ibid. 34. § 47. When the complainant files exceptions against the answer of any defendant or defendants, as insufficient, if the defendant puts in a sufficient answer at the next rules, the same shall be received without costs; but if the defendant's attorney insists on the sufficiency of the answer put in, and neglects or refuses to put in a sufficient answer, or shall put in another insufficient answer, the plaintiff may set down his exceptions to be argued the next court; and after exceptions so filed, or any second insufficient answer put in, no further or other answer shall be received, but upon payment of costs. Ibid. 35. § 48. If, upon argument, the complainant's exceptions shall be overruled, or the defendant's answer adjudged insufficient, the complainant shall pay to the defendant, or the defendant to the complainant, as the case shall be, such costs as shall be allowed by the court. Ibid. 36. 49. Upon every second answer adjudged insufficient, costs shall be doubled. If any defendant shall put in a third insufficient answer, which shall be so adjudged, such defendant shall be examined upon interrogatories, and committed till he shall perfectly answer these interrogatories, and pay costs. Ibid. 37. § 50. If the defendant, after process of contempt, put in an insufficient answer, which shall be so adjudged, the complainant shall not be obliged to take out a new subpoena, but may go on to the attachment with proclamations, as if no answer had been put in. Ibid. 38. § 51. Where the complainant conceives sufficient matter to be confessed by the defendant's answer, he may set down the cause, and proceed to hearing. Ibid. 39.52. After answer filed, and no plea in abatement to the jurisdiction of the court, no exception for the want of jurisdiction shall ever afterwards be made, (i) nor shall the court, or any other court, ever thereafter delay or (i) But see Pollard v. Patterson's adm'r, 3 H. & M. 67. Act of March 2, 1819-January 1, 1820. R. C. ch. 71. refuse justice, or reverse the proceedings for want of jurisdiction, except in cases of controversy respecting lands lying without the jurisdiction of such court, and also of infants and femes covert. Ibid. 40. § 53. No defendant shall be admitted to put in a rejoinder, unless it be filed at the next rules after replication put in, but the complainant may proceed to the examination of witnesses. Ibid. 41. § 54. After an attachment with proclamation returned, no plea or demurrer shall be received, unless by order of court upon motion. Ibid. 42. § 55. If the complainant conceives any plea or demurrer to be nought, either for the matter or manner of it, he may set it down to be argued; or if he thinks the plea good, but not true, he may take issue upon it, and proceed to proofs; and if such plea shall be adjudged false, the complainant shall have the same advantages, as if the same plea were found false by verdict at the common law. Ibid. 43. 56. If a plea be pleaded, or demurrer put in, and overruled, no other plea or demurrer shall thereafter be received, but the defendant shall answer the allegations of the bill. Ibid. 44. § 57. The complainant, at the next rules after a plea or demurrer put in, may cause the same to be set down to be argued; but if the complainant shall not proceed to have the same set down, before the second court after the plea or demurrer put in, the bill may be dismissed of course, with costs. Ibid. 45. § 58. Upon a plea or demurrer argued and overruled, costs shall be paid, as where an answer shall be adjudged insufficient, and the defendant shall answer at the next rules; but if adjudged good, the defendant shall have his costs. Ibid. 46. § 59. If any defendant shall obstinately insist on a demurrer, and refuse to answer, where the court shall be of opinion that sufficient matter is alleged in the bill to oblige him to answer, and for the court to proceed upon, the bill shall be taken for confessed, and the matter thereof decreed accordingly. Ibid. 47. § 60. The said court in its discretion may direct an issue to be tried at their own bar; (j) whenever it shall be judged necessary. Ibid. 48. § 76. The proceedings of the said courts in common law cases, shall, as nearly as may be, conform to the practice of the circuit courts; and in chancery cases, the same shall conform to the practice of the superior courts of chancery in like cases, except in such cases, as are or shall be otherwise particularly directed by any act of the general assembly. Ibid. Act of February 3, 1820, ch. 31. 49. § 1. The clerks of the county and corporation courts within this commonwealth shall be authorized in all chancery causes therein pending, to issue decrees nisi, taking bills for confessed, orders of publication against absent defendants, and orders to proceed in the names of the representatives of deceased parties, by scire facias or otherwise, at the rules in the clerk's office of the respective courts, subject to the control of the courts, in the same manner that other proceedings at rules are now subject to such control. In all cases at common law, when a party, plaintiff or defendant, departs this life, whether the cause be on the rule docket, or the issue docket, upon the application of any party interested, or his attorney, in the office, it shall be the duty of the clerk to issue a scire facias in favour or against the representative of said deceased, as the case may be, returnable to the next court or rule day, as the party applying wishes; and the cause shall proceed in the same manner as if such scire facias had been moved for in open court; but all such proceedings shall be subject to the control of the court.t (j) See Ambler v. Wyld, 2 Wash. 37. other writs of error in civil cases may be awarded in vacation, by any judge of the Act of March 2, 1819-January 1, 1820. R. C. ch. 71. 50. § 19. For preventing errors in entering the judgments of the court, the justices, before any adjournment, shall cause the minutes(k) of their proceedings to be publicly read by the clerk, and corrected, where necessary, and then the same shall be signed by the first justice in commission then sitting; which minutes, so signed, shall be taken in a book, and carefully preserved among the records; and no proceedings or judgments of any court shall be of force or valid, until the same be so read and signed. Oct. 1669, act 3, 2 Stat. Larg. 271; Oct. 1710, c. 11, § 11, 3 Stat. Larg. 511; 1792, c. 67, R. C. 51. § 72. The right of appeal from the county and corporation courts, to the superior courts of chancery, and to the circuit courts, shall be exercised in the same manner as prescribed in the acts,-concerning the circuit superior courts of law and chancery. [Where any person or persons shall think himself, herself or themselves aggrieved by any judgment, order or decree of the court of any county or corporation, and shall desire to appeal therefrom to the circuit superior court of law and chancery having proper jurisdiction, it shall be lawful for the court in which such judgment, order or decree shall be rendered, to suspend the execution of such judgment, order or decree: Provided, the party desirous of appealing shall enter into bond with sufficient security, in the manner now prescribed by law, on appeals allowed, with a condition, reciting such judgment, order or decree, and the intention of the party to apply for an appeal, pursuant to the provisions of "an act to establish a court of law and chancery in each of the counties of the commonwealth, and in certain corporations therein mentioned," within a reasonable time, to be fixed by the court aforesaid, and specified in the suspending order; and binding such party to pay all costs and damages, and the profits of the property recovered, in case such judgment, order or decree be affirmed, or the party shall fail to obtain or prosecute an appeal. Act of March 20, 1832, Sess. Acts 1831-2, c. 49, § 2, p. 41; Sup. R. C. c. 112, § 2, p. 174.] [See post, tit. JUDICIARY, (Circuit Superior Courts,) No. 136.] Ibid.(1) 52.73. If the plaintiff or demandant appeals, then the special bail given by the defendant or tenant in the county or inferior court, shall also stand bound to answer the judgment of the circuit court, and such appellant shall give bond and security, in the sum of sixty-three dollars and thirty-three cents, that he will prosecute his appeal with effect; and if he do not appear and prosecute the same, his bond shall be forfeited to the defendant or appellee. Ibid. court of appeals, or general court, or any superior court of law, or by any two justices of a county or corporation court, in the same manner, and upon the same conditions, as such writs may be awarded by the said courts, respectively, in term time. Every such writ, issued in pursuance of this act, shall operate as a supersedeas." Act Feb. 24, 1820, c. 28, § 1, Ses. Acts 1819-20, p. 24, Sup. R. C. c. 97, § 1, p. 126. See Day v. Hamburg, 1 Bro. Penna. R. 75; Cole v. Pennell, 2 Rand. 174; Strode v. The Stafford Justices, 1 Brock. R. 162. (k) See Cahill v. Pintony, 4 Munf. 373; and 2 H. & M. 477; and Humphrey's adm'r v. West's adm'r, 3 Rand. 516; Digges's ex'r v. Dunn's ex'r, 1 Munf. 56; Christian et ux. et al. v. Miller, assignee, 3 Leigh, 78; Shelton's ex'rs v. Welsh's adm'rs, 7 Leigh, 175. (1) An appeal from a court of common law cannot be allowed, with condition to give bond and security after the term at C. See acts 1819-20, c. 28, § 2, Sup. R. C. . 97, § 2, p. 126-127, which provides, "that every bond given upon taking an appeal, or upon the issuing of any writ of error or supersedeas, and all other bonds and obligations, given for a good and valuable consideration, shall be as good and available in law, though the obligee or obligees, or a part of the obligees therein mentioned be dead at the time of the execution thereof, as if such obligee or obligees had then been in full life; and every such bond or obligation may be proceeded in by the surviving obligee or obligees, or by the representatives of the decedent or decedents, in the same manner as if such decedent or decedents had been alive at the time of the execution thereof, and had immediately thereafter died." Act of March 2, 1819-January 1, 1820. R. C. ch. 71. 53. § 74. No cause shall be removed from the county or other inferior court by habeas corpus, after issue or demurrer joined in the cause or causes depending in such court or courts, and intended to be removed by such writ; but the said court may proceed in the said cause or causes, as though no such writ had been sued forth, or delivered to them or any of them; and if any cause be removed or stayed by such writ, and afterwards the same cause shall be remanded or sent back again, by any writ of procedendo or other writ whatever, such cause shall never afterwards be removed, or stayed before judgment, by any other writ or writs whatsoever, to be sued forth from either of the superior courts of law or chancery. Ibid. Am. by 1808, c. 6. [Whenever any suit in equity shall have been, or shall hereafter be pending in a county or corporation court, for the space of one year, without a final decision thereof having been made, it shall be lawful for any party in such suit, or his or her legal representative, to obtain by motion, without notice, an order of such court, directing that the cause shall be removed to the circuit superior court of law and chancery of the same county or corporation for trial; and the said inferior courts are hereby required to make such order upon the motion of any party as aforesaid, for the removal of the cause. Whenever any cause shall be so ordered to be removed, it shall be the duty of the clerk of the inferior court to deliver to the clerk of the circuit superior court to which the same has been ordered, all the original papers belonging to such cause, together with a statement of all the costs incurred by each party, and copies of all orders which may have been made therein, both at rules and in court, for which the clerk receiving the same shall give a receipt, if required; and thereupon, the cause shall be placed on the docket of the circuit superior court, and shall stand in the same plight and condition in all respects as it stood in the infe rior court; and the circuit superior court shall have the same jurisdiction thereof, and shall proceed therein, in all respects, as if the cause had been originally instituted in the circuit superior court, any thing in any law to the contrary notwithstanding: Provided, That no greater attorney's fee shall be taxed in causes so removed, than would have been in the inferior court. Act of Feb. 12, 1838, Ses. Acts 1838, c. 64, p. 61.] 54. § 79. Nothing in this act before contained, shall be construed to enlarge, alter or abridge any of the powers, jurisdictions, or constitutions of any court of any city, town, corporation or borough within this commonwealth, but the same shall remain as if this act had not been made, any thing herein to the contrary, or seeming to the contrary notwithstanding: Provided always, That the respective corporation courts, or courts of hustings in any city, town or borough, shall have jurisdiction, only in suits or controversies instituted between the respective inhabitants(1) or citizens of such city, town or borough, and between one or more of the inhabitants of such city, town or borough, and any person or persons, not an inhabitant or inhabitants of this commonwealth; and in either case, only where the contract hath been made, or cause of action hath accrued, within such city, town or borough ;(7) and in all such (1) Who an inhabitant? See The United States v. The Penelope, 2 Peter's adm'r, Dec. 450; Barnet's case, 1 Dall. 152-3; Taylor v. Knox, 1 Dall. 158; Tyler v. Foreman, 1 Dall. 480; Kennedy v. Bailley, 3 Yeats, 55; Bainbridge v. Alderson, 2 Bro. 51; Thompson's case, 1 Wend. 43; Wrigley's case, 4 Wend. 602; act Oct. 1705, c. 42, 3 Stat. Larg. 407; see the matter of Wrigley, 8 Wend. 134, S. C. in error, and cases cited. (1) See ante, tit. CIVIL SUITS, (proceedings in,) No. 4, p. 103, 104. See Thornton v. Smith, 1 Wash. 81; Winder v. Eddy, Ib. 87, (note); Peacock v. Bell et al. 1 Saund. 74, note (1); 4 Taunt. 48, as to the place in which the cause of action originated. Dunn v. Crump, 3 Brod. & Bing. 309. And see Marshalsea case, 10 Co. Rep. 70-75; Bingham v. Cabot et al. 3 Dall. 382; Abercrombie v. Dupuis et al. 1 Cranch. 343; and 2 Ib. 9; 4 Ib. 46; Dodge, ez'r v. Perkins, 4 Mason, 435, 437. The citizenship, &c. should appear on the face of the proceedings, to entitle the court to |