| 146
Dec. Ses. 1825.
|
JOSEPH KENT, ESQUIRE, GOVERNOR.
seperate actions brought against him, and the other co-obligors,
in such joint and several bond, penal or single bill. |
Actions may
be consolidated. |
5. And be it enacted, That in all cases
where two or more
actions of debt or obligations, conditional for the payment of
money, or two or more actions on the case arising ex-contracto,
by and between the same plaintiff or plaintiffs, and the same
defendant or defendants shall hereafter be brought at one and
the same term, the court in which the said actions are pending,
shall on motion of the defendant or defendants, order the said
actions to be consolidated, and when the said actions shall be
consolidated, the court shall order and direct the clerk to tax
the costs of but one action. |
Defendants
not exempt
from levy. |
6. And be it enacted, That nothing
contained in this act shall
be construed to prevent any plaintiff or plaintiffs in any judgment
rendered on any joint and several bond, penal or single
bill, from levying the amount of said judgment upon either of
the co-defendants to said judgment. |
Obligors residing
in different
counties. |
7. And be it enacted, That in case
the obligors in any bond,
penal or single bill, shall reside in different counties, then and in
that case it may be lawful for the clerk of the county court to
docket one action and to issue one writ of capaias ad respondendum
against the obligor or obligors in such bond, penal or single
bill who reside in the same county, and for the clerk of another
county court, to docket another action, and to issue another
writ of capias ad respondendum against the obligor or obligors
who may reside in that county and such judgments shall be
entered as if several writs of capias ad respondendum had issued
and seperate actions had been brought before the passage of this
act. |
Case of writ
being served
on one and
not on other
obligor. |
8. And be it enacted, That when any
writ of capias ad respondendum
issued under the provisions of this act shall be returned
cept as to one or more of the obligors and non est inventus
as to the others, it shall and may be lawful for the clerk of
the county court from which such writ issued, to renew the said
writ against those upon whom it had not been served, and upon
service of the same upon the other obligor or obligors, and return
thereof, the said obligor or obligors may pray the court to
consolidate the actions against all the obligors, so that no delay
shall arise by reason of the consolidation; but judgment shall be
entered up against the obligors last taken in virtue of the writ of
capias ad respondendum, at the same term that judgment is or
can be obtained against the obligor or obligors first taken as
aforesaid, and in no case shall delay be occasioned to the recovery
if the plaintiff by reason of the consolidation of the actions
as aforesaid. |
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