2814 INDEX TO THE

declaration or short note being served on the defendant or defen-
dants, or left at his or their last place of abode, twenty days before
the return of such writ in the general court, and eight days before the
return thereof in the county court, it shall and may be lawful for
the justices of said courts respectively, and they are hereby autho-
rized and required, to cause such defendant or defendants to plead
to issue, and shall proceed to trial or judgment the first court, and
shall not allow any imparlance, unless where evidence is wanted,
without which the parties or either of them, cannot safely go to
trial, which fact, as also a reasonable endeavour to obtain such
evidence, shall be made appear to the satisfaction of the court,
by affidavit of the party, or the testimony of some indifferent wit-
ness; and where the writ and short note, or writ and declaration,
are not served in time, it shall and may be lawful for the justices
of the general court or county courts to allow one imparlance and
no more, unless evidence be wanted as above specified.

SEC. 3. And be it enacted, That the governor and the council, or
a committee of the general assembly, or any person authorized by
the governor and council or such committee, may cause like pro-
cess to issue in the general or county courts of this slate, against
any person or persons whatsoever, inhabiting or residing, or being
found therein, who may or shall be indebted to this state by bond
or otherwise, or have received or shall receive money from the
treasury thereof, for which no account hath been or shall be ren-
dered, and a declaration or short note, expressing the cause of
action, being filed with the clerk of the court before issuing the
writ, and a copy of such declaration or short note being served on
the defendant or defendants, or left at his or their last place of
abode, twenty days before the return of such writ in the general
court, and eight days before the return thereof in the county court,
it shall and may be lawful for the justices of said courts respective-
ly, and they are hereby authorized and required, to cause such
defendant or defendants to plead to issue, and shall proceed to trial
or judgment the first court, and shall not allow any imparlance,
unless where evidence is wanted, without which the parties, or
either of them, cannot safely go to trial, which fact, as also a rea-
sonable endeavour to obtain such evidence, shall be made appear
to the satisfaction of the court, by affidavit of the party, or the testi-
mony of some indifferent witness; and where the writ and short
note, or writ and declaration, are not served in time, it shall and
may be lawful for the justices of the general or county court to
allow one imparlance and no more, unless evidence be wanted as
above specified.

SEC. 4. And be it enacted, That the general or any county courts
shall not allow of any plea to a declaration in such actions, except
the general issue, unless the same be verified by the affidavit of the