532 PLEADINGS, PRACTICE AND PROCESS. [ART. 75.

and returned, said writ shall be delivered to and executed, and
returned by any succeeding sheriff, coroner, or elisor.

67. The provisions of the three last preceding sections shall
apply to sales made by constables or sheriffs, upon executions
issued by justices of the peace, after such sale is confirmed by
the court, and the said writ may be issued by the court to which
the proceedings as to such sales shall be returned, as if the execu-
tion under which such sales shall have been made had issued
from such court on a judgment therein recovered.

68. No application for a writ of habere under this article, shall
abate by reason of the death of the purchaser, before obtaining
possession of the lands and tenements; but his heir or devisee
shall have all the rights and remedies therein given to the pur-
chaser.

PRODUCTION OF BOOKS AND ANSWERING BILL OP DISCOVERY.

69. The court shall have power in the trial of actions at law,
on motion made at the first court after the appearance court, sup-
ported by affidavit that the same is not intended for delay, and
due notice thereof being given, to require the parties to produce
copies, certified by a justice of the peace, of all such parts of all ,
books or writings in their possession or power as contain evi-
dence pertinent to the issue, or to answer any bill of discovery
only which may be filed by the second court after the appearance
court, in cases and under circumstances where they might be
compelled to produce said original books or writings or answer
such bill of discovery by the ordinary rules of proceeding in
chancery; and if a plaintiff shall fail to comply with any such
order to produce such books or writings, or answer such bill of
discovery, it shall bo lawful for the said courts on motion to give
the like judgment for the defendant as in cases of non suit; and
if a defendant shall fail to comply with such order to produce
books or writings, or to answer any bill for discovery only, it
shall be lawful for the court on motion as aforesaid, to give
judgment against him by default; Provided, that any plaintiff or
defendant may, in compliance with any rule for producing ex-
tracts of such books or papers, bring into court the original
books or papers.

70. At the trial of any suit instituted upon the bond of any
clerk or register for neglect of duty, it shall be the duty of the