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JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.
or suits may be instituted against the said trustees, or their successors,
for any breach or non-compliance with the condition of the
same. |
1801.
CHAP. 72. |
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CHAP. LXXIII.
An Act to correct a mistake in the beginning of Lot number three
thousand two hundred and eighty-seven of the Lands lying
westward
of Fort Cumberland. (a) Lib. JG. No. 4, fol.
132. A Private
Act.
(a) Granted to John Simkins. |
Passed Dec. 31. |
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CHAP. LXXIV.
An Act relative to the Administration of Justice in this State and
to
repeal the Acts of Assembly therein mentioned.
Lib. JG. No. 4,
fol. 133.
1, 2, 3, 4. These sections have
ceased to have any operation since the acts of
1804, ch. 55, and 1805, ch. 65, by which the powers, authorities and jurisdictions,
of the courts established by this act, have been transferred to other courts
established by those acts. |
Passed Dec. 31. |
5. AND BE IT ENACTED, That all acknowledgments
of deeds
hereafter made for the conveyance of land before any chief justice
of a district, within his district, or any associate justice, within
his county, shall be as good and valid in law as if the same was
made before any judge of the general court, or before two justices
of the peace, any law, usage or custom, to the contrary notwithstanding. |
Deeds for conveyance
of land acknowledged
before
a chief or associate
justice to be good. |
6. AND BE IT ENACTED, That the said courts
shall have power,
in the trial of actions at law, on motion made at the first court after
the appearance court, supported 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 evidence pertinent to the issue, or to answer
any bill for 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 the said original books or writing,
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 be lawful for the said courts, on motion,
to give the like judgment for the defendant as in cases of nonsuit;
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 said courts, on motion as aforesaid, to give judgment
against him, her or them, by default; provided, that any
plaintiff or defendant may, in compliance with any rule for producing
extracts of such books or papers, bring into court the original
books or papers.
7, 8. See note to sections 1, &c. |
In trial of actions
at law court may
require parties to
produce copies of
books or writings
containing evidence
pertinent to
the issue. |
9. AND BE IT ENACTED, That in all cases where
suit 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 or suits, the defendant or defendants against whom such
suit may be commenced, or his, her or their attorney, may lay a |
In certain cases
defendants may
lay a rule on plaintiffs
for security
for costs and charges. |
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