ROBERT WRIGHT, ESQUIRE, GOVERNOR. NOVEMBER.

1806.

ner provided by the act of November session, one thousand seven hundred and ninety, entitled, An
act directing new trials in certain cases where judgments shall be reversed on appeal or writ of error,
that the court of appeals for the respective shores shall, in the case of a writ of error to, or appeal
from, the county court to the late general court, and so as aforesaid transferred, and in the case of
a writ of error to, or appeal from, the county court to the court of appeals for the respective shores,
direct their clerk to return the transcript of the record to the clerk of the county court which gave
the judgment, with a writ of procedendo to such county court, directing them to proceed in such
action, and to a new trial thereof, in the same manner as if no trial had taken place, or any appeal
had been prosecuted, or writ of error brought; and in the case of a. writ of error to, or appeal
from, the late general court to the late court of appeals, and so as aforesaid transferred, then the
court of appeals for the respective shores shall direct their clerk to return the transcript of the re-
cord to the clerk of the county court of the county where the defendant named in the original action
may reside, or was arrested upon the original writ, and if there shall be more than one defendant
in any such action, then at the discretion of the court, to the clerk of the county court of the county
where either of the defendants may reside or were arrested, with a writ of procedendo to such coun-
ty court, directing them to proceed in such action as is herein before mentioned; and there shall be
the same proceedings had upon the transcript and writ of procedendo as is provided by the said last
herein before mentioned act.

CHAP.
XC.

II. AND BE IT ENACTED, That in all cases where an attachment, with clause of scire facias, may
be required to be issued upon any judgment or proceeding in the late general court of either shore,
the clerks of the court of appeals for the respective shores shall, upon application of the party, his
agent or attorney, issue the said writ of attachment, directed to the sheriff of the proper county,
and shall transmit therewith a short copy of the said judgment or proceeding under seal, and if the
said judgment shall be for attachment, then the said clerks respectively shall transmit to the county
court the original papers upon which such judgment was entered, together with a statement of the
pocket entries, and costs which may have accrued thereon in the late general court, and such writ
shall be made returnable at the place and on the day prescribed for holding the court for said county,
and shall be of the same effect, and be valid in law, to every legal intent, and may be proceeded
upon in like manner, as writs of attachment which have or may issue from the county courts, on.
judgments obtained therein in similar cases; and if any writ of scire facias or attachment, which
have been or may be issued upon any judgment or proceeding in the late general court, shall not be
executed by the sheriff to whom the same has been or may be directed and. delivered, it shall be
lawful for the clerk of the county court to whom such writ shall be returned, to renew any such
writ upon application of the party, his agent or attorney, in the same manner as if such writ had
originally issued upon a judgment or proceeding in such county court.

Clerks, upon
application, to
issue attach-
ment, &c.

III. AND BE IT ENACTED, That in all cases where a scire facias, or attachment with clause of
scire facias, may be required to be issued upon any judgment which has been, or which may be, ren-
dered in the court of appeals of either shore, the clerks of the court of appeals for the respective
shores shall in like manner issue the said writ of scire facias, or attachment with clause of scire fa-
cias, directed to the sheriff of the proper county, and shall transmit therewith a short copy of the
said judgment under seal, and such writs shall be made returnable at the place, and on the day, pre-
scribed for holding the court for such county, and shall be of the same effect, and be valid in law,
to every legal intent, and may be proceeded upon in like manner, as writs of scire facias and attach-
ment which have or may issue from the county courts, on judgments obtained therein in similar
cases; and if any such writ shall not be executed by the sheriff to whom the same may be directed
and delivered, it shall be lawful for the clerk of the county court to which such writs shall be re-
turned, to renew the same upon application of the party, his agent or attorney, in the same manner
as if such writs had originally issued upon judgments in such county court.

And also scire
facias, &c.

IV. AND EE IT ENACTED, That if any case which may have been transferred from the late ge-
neral court of cither shore to the county courts, costs of the term has been awarded by the late
general court against any party, or any allowance made to a witness for his attendance in any case,
and the same has not been paid to the party in whose favour such costs were awarded, or to any
witness to whom such allowance may have been made, it shall and may be lawful for the county court
of the county where the parly liable to pay such costs or allowance may reside, to order and direct
an attachment against such party, upon satisfactory evidence of a demand having been made of and
from such person for such costs or allowance, and of his neglect or refuse to pay the same, in the

same manner as if such costs had been awarded, or such allowance had been made, in the county
court of said county.
G

In certain cases
a t; attachment
may be ordered,
&c.