Commitments,
&c. to
be returned,
&c.
 
 
 
 
 
 
 

How long actions
shall
continue.
 
 
 
 
 

In certain
suits defendants
may lay
a rule, &c.
 
 
 
 
 
 
 
 
 
 
 
 

Who are liable
for costs
in certain
actions, &c.
 
 
 
 
 
 
 
 
 

Persons not to
be arrested
out of the
county, &c.

    X.  And be it enacted, That all commitments and recognizances for all
felonies, crimes, offences or misdemeanors, committed in the several counties,
and triable by law in the county courts, shall be returned to the justices appointed
in virtue of this act by the justice making such commitment, or taking
such recognizance, on the first day of holding the county court of their county;
and all sheriffs, clerks, and all other civil officers, shall execute and perform the
same offices and duties, under the same penalties as they are now obliged by law
to perform and execute them in the county courts as now established.

    XI.  And be it enacted, That no action, to be commenced in any court
court appointed in virtue of this act, shall continue longer than the end of
the first court after the imparlance court, unless by consent of parties, at
the discretion of the court, or such cause as the law may allow for the continuance
of suits beyond the time limitted shall appear to the satisfaction of the
court.

    XII.  And be it enacted, That in all cases where suits may hereafter be brought
by any person or persons, nonresidents of this state, or who may remove out of
the state after the bringing of such suit of suits, the defendant or defendants
against whom such suit may be commenced, or his, her or their attorney, may
lay a rule, at or before the trial court, on such plaintiff or plaintiffs, or his, her
or their attorney, to give security for all costs and charges that the said defendant
or defendants may be put to in case such plaintiff or plaintiffs shall be nonsuited,
or judgment be given against them, and in case of non-compliance with such
rule, judgment of nonsuit shall be entered; provided nevertheless, that if any defendant
or defendants shall lay a rule on any plaintiff or plaintiffs for security for
costs at the trial court, that then and in such case the court granting said rule
may, at the instance or motion of the plaintiff or plaintiffs by his, her or their
counsel, in their discretion, continue said cause until the next term.

    XIII.  And be it enacted, That when any action shall be brought, and it shall
be entered upon the record that such suit is brought for the use of any other person
or persons, and the plaintiff or plaintiffs in such action shall discontinue or
strike off his, her or their said action, or be nonsuit thereon, or in case there
shall be a judgment or verdict in favour of the defendant or defendants, the party
or parties for whose use the action was instituted shall be answerable for the legal
costs of suit, and may be proceeded against by attachment against the person or 
property of such party or parties for the recovery of the same, in the same manner
as if he, she or they, had been entered by rule of court the security for such
costs of suit.

    XIV.  And be it enacted, That it shall not be lawful for any person whatsoever
to cause any inhabitant of this state to be arrested out of the county where he or
she doth reside, by virtue of any capias ad respondendum, or capias ad satisfaciendum,
for any debt, damage or cost, until the sheriff or coroner of the county where
such defendant shall reside shall have returned a non est inventus on a capias ad
respondendum or capias ad satisfaciendum, issued at the request of the said person
against the defendant.