|
SEC. 9, And be it enacted. That the county courts shall have,
use and exercise, in their respective counties, all and singular
the powers, authorities and jurisdictions, which the general
court, at the time of the abolition thereof, might or could have
used and exercised in cases of writs of mandamus ; and where
any record shall have been, or may hereafter be, transmitted
from any county court in this slate to an adjoining county
court, by virtue of the second section of an act to provide for
the trial of facts in the several counties of this state, passed at
November session, eighteen hundred and four,* it shall and
may be lawful for such county court, on suggestion of diminu-
tion in the record transmitted being made to such court, and the
said court being satisfied of the truth of such suggestion of
diminution, to such county court from which the said record
was transmitted, as fully in every respect as records were here-
tofore transmitted from the late general court to the several
county courts in this state.
SEC. 10. Directory as to cases transmitted from the late general court.
|
County
courts may
order writs
of manda-
mus, and
where re-
cords are
transmitted
from an
adjoining
county
court, may,
on sugges-
tion, issue
writs of
diminution.
* Chap. 55.
|
|
SEC. 11. And be it enacted, That in case any cause in the
court of appeals of either shore shall be under rule argument,
and one of the parties shall die after such cause shall be put
under rule argument, having an attorney in court, the said
cause shall not abate, nor shall his, her or their death be sug-
gested on the record, and that the court of appeals may give
judgment as if such deceased party were alive, and the judg-
ment shall have the same effect as if it had been rendered or
given in favour of or against the deceased; Provided neverthe-
less, that the heir, executor or administrator, as the case may
be, of such deceased party, may, if he thinks proper, appear to,
and become a party in, the said .cause, in the place and stead of
the deceased party, whose death, in such case, shall be sug-
gested; and the bond which any appellant, who may die pend-
ing any appeal or writ of error, standing under rule argument,
shall have executed for the prosecuting an appeal, or suing forth
a writ of error, and the securities therein, shall be liable and
answerable to the appellee, his executors, administrators or
assigns, for the due prosecution of the said appeal or writ of
error, agreeably to the condition of the said bond, in the same
manner as if the appellant were alive at the time of rendering
any such judgment.
By 1815, ch. 149, if the appellant or plaintiff in error shall die before the
term to which the appeal, &c. is returnable, the heir, executor, &c. may
appear. Nor shall any appeal or writ of error abate by the death of either
party, if the heir, &c. of the deceased party, shall at the first or second
term succeeding the death, make the necessary suggestion, and appear, &c.
|
Causes
under rule
argument in
the court of
appeals, not
to abate by
the death of
either party
— the heir,
&c. may
appear, &c.
— the ap-
peal bond
answerable,
&c.
|
