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ROBERT BOWIE, ESQUIRE, GOVERNOR.
same were entered, have been struck out if the said court had not
been changed or abolished, it shall and may be lawful for such sheriff
or coroner, against whom such judgment was entered, to produce
the defendant or defendants, for the nonproduction of whom
such default was entered, to the next county court that shall sit in
the county in which such judgment was entered, during the first
three days of the sitting thereof, and such defendant or defendants
shall thereupon, by the said court, be committed, or the execution
entered not called by consent, in the same manner as might or
could have been done at the court from which the same issued, or
to which the same was returnable, and thereupon such judgment
by default shall be struck out. |
1805.
CHAP. 65. |
27. AND BE IT ENACTED, That in all cases either
on the original
or judicial docket of any late county court, where no return has
been made of writs in the hands of any sheriff, or where after return
the party defendant has not appeared to the suit, or satisfied
the execution, and no commitment has been prayed, or amerciament
or default entered against the sheriff, the same proceedings
may be had at the next county court of the county wherein such writs
were issued or returnable, as if the courts to which they were returnable
had still continued in session; and the several sheriffs shall
have the same power to produce the defendants in court, and all
other legal remedies against them for not appearing, as he might
or could have had at any time during the session of the court to
which such writs were returned or returnable. |
Where no return
of process, or defendant
has not
appeared, &c.
proceedings to be
had at the next
county court. |
28. AND BE IT ENACTED, That until the clerks
of court of appeals
shall be respectively appointed and qualify, the late clerks of
the court of appeals and the general court respectively, shall
be and they are hereby authorised and empowered, upon application
of the party, his agent or attorney, to issue execution upon
any judgment obtained in the late general court, or in the late
court of appeals, upon which the respective clerks of the said courts
could have issued, and not otherwise, and in the same manner and
form, and tested as writs which issued prior to the said thirtieth
day of November, and shall be made returnable to the court of appeals
holden for the respective shore at the place and time herein
before prescribed, and the said executions shall be of the same force
and validity in law, and shall be proceeded upon in like manner,
as executions which have heretofore issued out of the late general
court or court of appeals by the respective clerks thereof, any law
to the contrary notwithstanding.
See 1806, ch. 41, s. 4. |
Clerks of the late
court of appeals
and general court
to issue executions
until the clerks of
the court of appeals
are appointed,
&c. |
29. AND BE IT ENACTED, That in all cases where
scire facias
is necessary to be issued upon any judgment or proceeding in the
late general court of either shore, or in the late court of appeals,
the
late clerks, and the clerks hereafter appointed, respectively, shall,
upon application aforesaid, issue the said scire facias, directed
to
the sheriff of the proper county, and shall transmit therewith a short
copy of the said judgment or proceeding under the seal of the late
courts, or of the court of appeals hereafter, as the case may be, and
it shall be made returnable tot he place, and at the time, herein
prescribed for holding the court for said county, and shall be tested
in the name of the late presiding judge of the respective court, or
in the name of the chief judge of the court of appeals, as the case |
Scire facias may
issue on judgments
in the late
general court or
court of appeals,
returnable to the
county court—
How to be tested. |
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