2606 INDEX TO THE

Page.

DEFAULT.

Judgment to he entered against a sheriff or coroner failing to make re-

turn of any writ of execution, when called upon by any court of

record, or the chancery court — 1794, ch. 54, sec. 1, ...

311

The court directed, on motion, to make an order for such return of

course, unless such sheriff or coroner shall, upon oath or other-

wise, satisfy the court that the writ was not received by him, or to

the best of his knowledge by any of his deputies— 1794, ch. 54,

sec. 4, ......... .

312

Where any sheriff or coroner shall pay to the plaintiff any judgment

rendered against him in virtue of this act, or for a default upon any

execution, such sheriff or coroner shall thereupon immediately be-

come entitled to the judgment as fully as the plaintiff was, and may

issue execution in his own name, or in the name of the plaintiff,

upon such judgment, for his own use — 1794, ch. 54, sec. 3,

311

Sheriffs not pursuing the directions of this act, by taking bail bonds, or

taking the criminal before a magistrate, shall be liable to be pro-

ceeded against as they would on default in not bringing in the

party according to their return, if this act had not been made — Oct.

1780, ch. 10, sec. 4, .........

163

On sheriffs or coroners being defaulted for failing to bring into court

persons taken in execution in any criminal proceeding, the court,

on motion of the attorney-general, or either of his deputies, may

direct judgment to be entered against such sheriif or coroner for

the amount of any recognizance, line, penalty or forfeiture, and

costs, fur which judgment shall have been entered against the per-

son taken in execution — 1793, ch. 60, .....

302

Such judgment to have the same effect as a judgment on the verdict of

a jury— 1793, ch. 60, ........

302

Manner of entering judgment by default against sheriffs on executions

issued for fines, &c. — 1795, ch. 74, sec. 4, .

327

Judgments by default to carry interest in the same manner as those

upon finding of a jury — 1811, ch. 161, .....

605

On the death of a defendant, where the person necessary to be made

a party resides out of the state, subpoena may be issued, and on

proof of service, and such party not appearing, judgment may be

entered by default nisi the third day of the succeeding term — 1815,

ch. 149, sec. 4, ..........

632

DEPOSITIONS, EVIDENCE, TESTIMONY.

Of sea-faring men, when to be evidence — 1721, ch. 14, ...

57

To be taken and returned by commissioners respecting the boundaries

of land— 1723, ch. 8, p. 61 ; 1786, ch. 33, p. 238; Nov. 1787, ch.

22, p. 249 ; 1793, ch. 70, ........

302

How to be taken by commission from courts of law — Nov. 1773, ch.

7, sec. 7, ...........

126

How to be taken and returned under the act establishing a mode to

perpetuate testimony — July, 1779, ch. 8,

145