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Dec. Sess.
1815.
May decree
in equity.
Respondents
residing in dif-
ferent counties.
complainants
may elect.
Commission-
ers to take an-
swers.
Injunctions,
rules, &c.
Subpoena.
Defendants
residing out of
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the said original act, and the supplements thereto, are to all in-
tents and purposes invested with all and singular the powers
authorities and jurisdictions, that can or may be exercised by
the chancellor of this state, whether the same be derived from
the common law, or in virtue of any statute or act of assembly
heretofore passed.
2. AND BE IT ENACTED, That in case any bill to
complete the specific performance of any contract shall be filed
in any county court of a county in which the respondent or
respondents do reside, although the specific performance is to
be executed in some other place, the said court are hereby au-
thorised to hold plea thereof, and to decree according to the
equity of the case, and the said decree shall have the same force
and effect as a decree of the chancellor would have had, and
be enforced in the same manner, provided that in case of a de-
cree for the specific performance of a contract to convey real
property lying in a different county, an office copy of such de-
cree shall be first filed with the clerk of the county where such
real estate may lie and be recorded.
3. AND BE IT ENACTED, That when two or more res-
pondents reside in different counties, the complainant or com-
plainants may elect in which county to file his bill, and in such
case a duplicate subpoena or subpoenas shall issue to such
county or counties wherein such respondent or respondents
may reside, and the same proceedings may be had and enforced
to compel the appearance of the party or parties, as if such
respondent or respondents respectively resided in the county in
which such bill may have been filed.
4. AND BE IT ENACTED, That the said courts are
hereby authorised and empowered to issue commissioners, as
well to take the answer or answers of any respondent or res-
pondents, as also to take the deposition or depositions of any
witness or witnesses, as well in the county wherein the bill of
complaint may be filed, as also in any other county or counties
wherein any respondent or witness may reside.
5. AND BE IT ENACTED, That the several judges of
the county courts of this state are hereby authorised and em-
powered, during the vacation of their respective courts, to
grant injunctions, and also to direct any rule, order, or inter-
locutory decree, to be entered by the clerk, to bring any cause
to a fair hearing, and such injunction, rule, order or decree,
shall have the same force and effect, and may be enforced in
the same manner as if such role, order or decree had been en-
tered during the regular terms of the said courts.
6. AND BE IT ENACTED, That any person other than
the plaintiffs, may serve a subpoena issuing from any of the
county courts as courts of chancery, and upon proof made to
the court by affidavit, of the service of the said subpoena,
where the same has not been served by a sheriff, and upon the
failure of the party to appear in obedience to such subpoena, or
on his appearing and failing to obey any order or rule of the
court, it shall and may be lawful for the court to issue an at-
tachment against the party so failing, in the manner herein be-
fore directed, and to be served and returned by the sheriff, un.
der the penalty herein before prescribed in cases of attach-
ments.
7. AND BE IT ENACTED, That when some of the de-
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