| DEC. 1815.
CHAP. 163. |
APPENDIX——CHANCERY LAWS.
other county or counties wherein any respondent or witness may
reside. |
To grant injunctions
and direct
rules, &c. |
5. AND BE IT ENACTED, That the several judges
of the county
courts of this state are hereby authorised and empowered, during
the vacation of their respective courts, to grant injunctions, and
also to direct any rule, order, or interlocutory decree, to be entered
by the clerk, to bring any cause to a fair hearing, and such
injunction, rule, order or decree, shall have the same force and effect,
and may be enforced in the same manner, as if such rule, order
or decree, had been entered during the regular terms of the
said courts. |
Persons, other
than plaintiffs,
may serve subpœnas. |
6. AND BE IT ENACTED, That any person other
than the plaintiffs,
may serve a subpœna issuing from any of the county courts
as courts of chancery, and upon proof made to the court by affidavit,
of the service of the said subpœna, when the same has not been
served by a sheriff, and upon the failure of the party to appear in
obedience to such subpœna, or on his appearing and failing to obey
any order or rule of the court, it shall and may be lawful for the
court to issue an attachment against the party so failing to obey
any order or rule of the court, it shall and may be lawful for the
court to issue an attachment against the party so failing, in the
manner herein before directed, and to be served and returned by
the sheriff, under the penalty herein before prescribed in cases of
attachments. |
Defendants residing
out of the
county but in the
state subpœna
may issue, &c. |
7. AND BE IT ENACTED, That when some of the
defendants in
any suit in equity, brought in any of the county courts of this state,
reside out of the county in which such suit is brought, but within
this state, that a subpœna or subpœnas may issue against such absent
defendants, directed to the sheriff of the county in which such
defendant shall reside, and it shall be the duty of such sheriff to
serve and return such process according to the command thereof,
and if the party summoned shall not appear, or appearing shall
fail to comply with the order or rule of the court, process of attachment
may issue against such party, directed to the sheriff of
the county in which the said party shall reside, and it shall be the
duty of the sheriff to execute, and in all things obey, the command
contained in the said process; and upon the failure of the sheriff to
return any such subpœna or attachment, or to produce the body of
the party attached, on the return of the said attachment, the court
from which such process issued may fine the said sheriff any sum
not exceeding fifty dollars, and issue an execution therefor, together
with the cost thereon, directed to the coroner of the county in
which such sheriff resides, and returnable to the court of the last
mentioned county court, and a short copy of the order of the court
imposing such fine shall accompany the said execution, on which
said order and execution such further proceedings may be had as
are now authorised where a writ of capias ad satisfaciendum issues
from one county to another.
See October 1777, ch. 12; 1795, ch.
23; 1815, ch. 149, and 1817, ch. 139. |
Intermediate
terms. |
8. AND BE IT ENACTED, That the county courts
in their discretion
may appoint intermediate terms between the common law terms
in the respective counties for the transaction of business on the
equity side of the court, to which said terms process shall be returnable,
as well as to the stated terms of the court. |
Act declared
permanent. |
9. AND BE IT ENACTED, That the act, entitled,
An additional
supplement to the act, entitled, An act respecting the equity jurisdiction |
|
 |
