| DEC. 1817.
CHAP. 139. |
APPENDIX——CHANCERY LAWS.
court within this state(a), who shall be required to issue any original
or judicial writ, subpœna, summons, or other process, to be served
in any other county than that in which such court shall usually
hold its session, shall issue such process accordingly, directed to
the sheriff, coroner, or other proper officer, of such other county to
whom the same ought to be directed, and shall immediately enclose
such process in a letter or cover, sealed up and addressed to the
clerk of such other county, and on the back thereof shall endorse
his name as clerk of the county, and shall forthwith deposit the same
in the nearest post office, to be conveyed by the ensuing mail to the
post office at the place in which, or nearest to which, the clerk of
such other county shall reside; and in such letter or cover shall be
written the usual docket-entry of such process, so as to shew the
parties concerned, and the nature and purpose thereof.
(a) By 1819, ch. 144, s. 3,
the provisions of this act are extended to the court
of chancery and the court of appeals, and to the conveyance and return
of process
issued therefrom. |
Clerks to send to
post-offices once a
week. |
2. AND BE IT ENACTED, That it shall be the
duty of the several
clerks of the respective counties of this state, to attend at or send
to the post-offices nearest to their residence, at least once a week,
and inquire for letters and covers addressed to them; and if such
letters or covers shall contain any writ or process directed to the
sheriff, coroner, or other officer, of their respective counties, they
shall immediately endorse the time when they received the same,
and will all convenient speed deliver the same to the sheriff, or
other officer, to whom the same may be directed; and shall also
endorse thereon the time when the same shall be so delivered to
such officer. |
On receipt of process,
to transmit
certificate thereof,
&c. |
3. AND BE IT ENACTED, That it shall be the
duly of every such
clerk who shall receive and deliver any writ or process, in manner
and form aforesaid, to transmit by the mail, and in due time before
the session of the court to which such process shall be returnable,
a certificate, under his hand and seal of office, setting forth the receipt
of such process, (which he shall describe in the manner in
which it is written in the letter or cover which contained the
same) the time when he received the same, the delivery thereof to
the officer to whom it was directed, and the time of such delivery;
which certificate he shall seal up and address to the clerk or register
of the court to which the process is made returnable, and deposit
in the nearest post office, to be conveyed to such clerk accordingly,
and endorsing his name thereon as herein before directed; and
such certificate, in all proceedings relating to the sheriff, or other
office, to whom any such writ or process was directed, shall be
competent and sufficient evidence to prove the delivery of such
process to such officer. |
Expense of postage
to be allowed
by levy court. |
4. AND BE IT ENACTED, That the expense of
postage incurred
by the said respective clerk and registers, and a reasonable compensation
for their services in the performance of the duties required
by this act, shall be allowed to them by the levy courts of their
respective counties; and the letters and covers, relating to such
writs or other process, and to such certificates, shall be produced
to the levy courts, and be considered by them as the evidence of
such expense, and of the services necessary to have been rendered
in receiving, delivering and certifying, the process which may have
been contained therein. |
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