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WILLIAM SMALLWOOD, Esq; Governor.
executors, administrator or administrators, against any defendant or
defendants, his or their heir or heirs, executor, executors, administrator,
administrators, on or before the first day of April seventeen hundred
and eighty-six. And if any plaintiff or defendant, in any action
or suit,
noted on the docket for trial, at the said court held in September last,
and
not continued by the said judges until the next meeting of the court appointed
by law, shall have died since the said twenty-third of September
last, or shall die before the next meeting of the said court appointed
by
law, the said action or suit shall not be abated, but the same may be
tried at the next court to be held agreeably to law, or may be continued,
at the discretion of the court, and the same judgment shall and may be
given upon the trial of such suit or action, as if such suit or action
had
been tried at the court in September term last, notwithstanding the death
of either of the parties, and the judgment when given, shall have all
the legal consequences, to every intent and purpose whatsoever, as if the
same had been given at September term last, except that no bonâ fide
purchaser of any lands or tenements, or real estate whatsoever, before
judgment may be entered, shall be affected by any judgment for debt
or damages against the person from whom the purchase hath been or shall
be made, his, her, or their heirs, executors, or administrators. |
1785.
CHAP.
IV. |
IV. And be it
enacted, That the said court may, in their discretion
continue all actions discontinued as aforesaid one term beyond the time
limited by law for their continuance. |
Court may
continue actions,
&c. |
V. Provided
always, That nothing in this act shall extend to affect
or make liable the bail or security for any person's appearance at the
said
court held in September last, in any suit civil or criminal, unless in
the
case of a person under prosecution for any crime or misdemeanor, a default
was entered on the recognizance before the said discontinuance, or
the sheriff was amerced before such discontinuance for default of the defendant's
appearance in any civil suit, but any recognizance entered into by
the principal shall stand as an obligation for him to appear at the next
meeting of the court, in the same manner, as if the condition thereof
were for his appearance at the next court, and if he shall not appear on
calling the recognizance at the said court, a default and judgment may
be entered, and execution may be issued accordingly, or without calling
the said recognizance, it shall be in the discretion of the court to respite
the same until the succeeding term. |
Proviso. |
VI. And,
for removing doubts which may arise respecting the consequences
of the said court not having been held on the twenty-fourth
day of September last, under the circumstances aforesaid, Be
it enacted,
That all judgments, rules and orders, made and rendered before the said
discontinuance, shall be good and valid, according to the intent and purpose
thereof; and that writs of execution may be taken out as usual at
the end of a term, returnable at the next meeting of the said court; and
that all writs of execution, already taken out, shall be good and effectual,
as if the said discontinuance had never happened, under the following limitation
and restriction, to wit, that any judgment so rendered may be set aside
or altered by the said court at their next meeting appointed by law, for
any
cause that would have been sufficient to set aside or alter the same upon
application or motion at September term last; and if any writs of execution
returnable to the said court the second Tuesday of September last,
was returned executed agreeably to the command thereof, and the said writ
and return was not called and considered before the said discontinuance,
it shall be lawful for the plaintiff or plaintiffs to renew the same returnable
at the next meeting of the court, and the new writ shall be good
and effectual; and if any writ hath already been renewed, returnable at |
Judgments,
&c. good and
valid, &c. |
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