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Session Laws, 1812
Volume 618, Page 161   View pdf image
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LEVIN WINDER, ESQ. GOVERNOR,

161

of the heirs or terre tenants named and included in
such writ of scire facias, or to whom the same is in-
tended to be made known, shall be resident of any
other county than that in which the defendant in the
original judgment resided, it shall and may be lawful
for the clerk of the Court of Appeals, who shall or
may issue the said writ of scire facias, to issue and
direct to the sheriff of each and every other county
wherein any of the said heirs or terre-tenants shall
or may reside, a duplicate of the said writ of scire
facias returnable to the county court to which the
original writ of scire facias shall be made returnable;
and it shall be the duty of each sheriff to serve the
said duplicate writ of scire facias, and return the
same to the county court to which it shall be made
returnable according to the tenor and command
thereof; and the person or persons so summoned by
means of any such duplicate writ of scire facias may
appear thereto, and the like proceedings shall and
may be had against them hi the said county court in
the same manner as if they were residents of the
county to which the said writ of scire facias shall be
made returnable.

1812.

3. AND BE IT ENACTED, That in all cases
wherein a joint writ of capias ad respondendum hath
issued or shall issue out of any county court of this
State against heirs or devisees, and it shall happen
that some one or more of the heirs or devisees named
and included in the said writ shall be resident in
my other county than that in which the said writ
shall have issued or may issue, it shall and may be
lawful for the clerk of the county court who shall
have issued or may issue any such writ, to issue and
direct to the sheriff of each and every other county
wherein any of the said heirs or devisees shall re-
side, a duplicate of the said writ, returnable to the
county court out of which the same hath issued or
shall issue; and it shall be the duty of such sheriff to
serve the said writ and make return thereof to the
county court whence the same shall have issued,
according to the tenor and command thereof; and the
parties so taken, under and by virtue of the said
duplicate, shall appear thereto and have the like pro-
ceedings against them in the said county court, in the
same manner as if they were residents of the coun-
ty in which the said original writ hath issued or
shall issue; and such sheriff shall also be liable to
be amerced upon such duplicate in the same manner

Joint writs of
capias ad res-
pondendum.

as upon all other original writs: Provided, That if

Proviso.



 
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Session Laws, 1812
Volume 618, Page 161   View pdf image
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