Constitution and Laws of the Common Weallth of Liberia, Part II (1843)

PART SECOND.

1. An injury is an unlawful damage done to another, and is the proper subject of an action. It does not, generally, depend upon the intention of the wrong doer whether an act is an injury or not. A bad design is not necessary to the existence of an injury, although it is to the existence of a crime. The object of actions for injuries is to redress the injured party, not, like that of prosecutions for crimes, to punish the guilty.

2. Every act which is prejudicial to the interest of another is an injury, unless it be warranted by some law.

3. An omission is not generally an injury, but where a party is bound by contract, official duty, or law, to do an act, and omits to do it, or where, in consequence of an omission, an act of the same party, otherwise harmless, becomes prejudicial to the interest of another, such omission is an injury, for which an action will lie.

4. Every person is liable to an action for all injuries committed by himself or his wife.

5. Every person is liable to an action for all damages which arise from the negligence, carelessness, or unskillfulness of himself or his wife at any time, or his agents or servants while employed in his business. And also for all damages committed by any animal belonging to him, or under his care or charge, provided such damage be one which such animal was likely to commit, either from the general habits of its species, or from any vicious habits of the particular animal, known to the owner or other person intended to be charged. All such damages are injuries.

6. Every man is bound to use his own property so as not to damage his neighbour. It any person make use of his own property in a manner prejudicial to his neighbour’s interest, it is an injury.

7. Injuries either to the person, reputation or domestic relations of another, are called personal injuries. The breach of a promise to marry, is a personal injury.

8. Domestic relations are those of husband and wife, parent and child guardian and ward, master and servant.

9. Contracts to indemnify a public officer from the consequences of a mistake in the execution of a writ directed to him, are not within the meaning of the last section, and the violation of such a contract is an injury. 18. Injuries to property, other than violations of contract may be committed by destroying it, by taking or detaining it from the possession of the owner, by any act, or unlawful omission, which may diminish its value, or lessen its security, or, lastly, by using it without consent of the proprietor. 19. The person in possession of any property, of any description, is to be considered as the owner thereof, within the meaning of the last section, as against all but the true owner. The person in possession of any property, may maintain any action for any injury done to it, or to him, in respect thereof, unless the defendant can show that he has a better title to such property than the possessor thereof. 20. Injuries to persons may be committed by striking, or attempting to strike, by confining, imprisoning, or detaining a person. 21. Any of the acts mentioned in the last section, may be justified if done in self defence, or in the exercise of the lawful authority of a parent over a child, a guardian over a ward, a master or mistress over an apprentice, a public officer over a person in his custody for the purpose of being compelled to work, or of any other lawful authority; provided, that the degree of violence used, is not more than a jury shall deem proper and reasonable under all the circumstances of the case. 22. Injuries to the reputation may be committed by defamation, or by commencing a malicious action, suit, or prosecution, or other proceeding. 23. Defamation is an injury offered to the reputation of another, by an allegation which is not true. Defamation may be made verbally, or by signs, which is called slander, or by writing or painting which is called libel. 24. The injury of defamation is committed when the words, signs, or figures used, convey the idea either—1st. That the person to whom they refer, has been guilty of some crime or offence punishable by law. 2nd. That he or she has done some act, or been guilty of some omission, which although not a crime, is of a nature to make people avoid social intercourse with him or her or lessen their confidence in his or her integrity. 3rd. That he or she has some moral vice, or bodily, or mental defect or disease, that would cause his or her society to be generally shunned. 4th. That his or her general character is such as to make persons avoid his or her society, or lessen their confidence in his or her integrity. 25. It is also the injury of defamation to make use of words or representations, the tendency of which, is to bring upon the person to whom they refer, the mated, ridicule, or contempt of the public, or to deprive him of the benefit of social intercourse. 26. It is defamation and an injury to assert, or make representations importing that the party referred to, wants the necessary talents or knowledge, or is otherwise incompetent to perform or conduct the office, business, profession, or trade in which he is engaged, or is dishonest in his conduct therein. 27. It is not an injury to make true statements of fact, or express any opinion, whether such opinion be correct or not as to the qualifications of any person for any public office, with an honest intention to give information to those who have the power of appointing or electing to such office. Nor is it an injury to make true statements of facts, or express the opinion which he who gives it entertains, whether correct or not, relative to the integrity or other qualifications to perform the duties of any station, profession, or trade, when it is honestly done, by way of advice to any person who has asked it, or to whom it was a duty arising either from law or social connection, or from humanity, to give such advice. Nor is it an injury to make or publish any

statements of facts, or express any opinion, in any proceeding in a court of justice, at any public meeting, or before any board or committee appointed under the authority of the laws, or in any other legal proceeding, the subject in question being one in which the person making or publishing such statement or opinion is concerned as a candidate, or has any other lawful interest, provided that such statements or opinions be not introduced for the mere purpose of injuring the person to whom they refer. The mere expression of an opinion, is never the subject of an action, however unfounded.

29. He is the maker of a libel who originally contrived it, and either executed it himself, or caused it to be done by others. He is the publisher who executes the mechanical labour, who writes, paints, copies, engraves, or prints it. He circulates a libel who knowing the contents, sells, gives, distributes, reads it to others, or exhibits it.

30. He is not guilty of an injury who only gives or lends a book or paper containing a libel, or reads it to another, after it is already in general circulation unless some circumstances are shown which prove that it was done with a design to injure, or unless some special damages shall have arisen from his act.

31. No action can be maintained for defamation on account of any thing said or written, whether as judge, party, juryman, witness, or agent for a party, in a court of justice, or in the course of a legal proceeding, or in any investigation or conference preparatory to a legal proceeding; provided, that what is said or written be relevant to the proceeding, investigation, or matter in hand, or preparing for, and is not introduced for the sole purpose of injuring the party to whom it refers.

32. An answer justifying a former libel or slander as true, which has been withdrawn, or on which no question of fact shall have been taken, is not within the protection of the last section, and may be deemed an injury. But as an injury, it shall be considered only the act of the party in the cause, and not of any agent of his or other person.

33. The word “verbally” used in the definition of slander, means the utterance of words by the voice, and the words “by signs” comprehend every motion of the fingers or other gesture that is used and understood to communicate ideas.

34. The word “writing” in the definition of a libel, and the word “writes” in the twenty- ninth section, comprehend not only manuscript, but printing, engraving, etching, lithography, or any other means now known, or which may hereafter be discovered or invented to make words visible. The words “painting” and “paints” include not only the art, so called, but drawing, engraving, etching, lithography, or representing figures in any other way. It also comprehends hieroglyphics, or the representation of words by objects which they signify.

35. It is slander and an injury to repeat the contents of any libel, or the words or substances of any slander, unless in the cases otherwise provided for in the thirtieth section, or unless the defendant state at the time of doing so the name of the person from whom he heard the slander, or unless the defendant show that he was not actuated in so doing by any desire to injure the person detained. But if special damages can be shown to have arisen from said repetition, it shall be deemed an injury, notwithstanding any provision of this section.

36. Every false statement is an injury and defamation, if any special damage arise therefor.

37. Special damage is any loss or inconvenience accruing to the plaintiff, which can be specially traced to the conduct of the defendant. Where special

damage is the gist of the action, no action will lie without proof of special damage. In other actions, some damage will be presumed, but it is always competent to prove the extent of the damage sustained.

38. A malicious action, suit, prosecution, or other legal proceeding, is one brought against a person for a matter of which he hath been before lawfully acquitted, or finally discharged, or one totally without any reasonable cause or foundation. The essential facts to sustain an action for a malicious action, suit, prosecution, or proceeding, are the absence of reasonable cause for the original action, suit, prosecution, or proceeding, the termination thereof in favour of the party against whom it was brought, and an actual damage of any sort sustained by such party. Although the action for a malicious action, suit, prosecution, or proceeding, is classed among actions for injuries to reputation, any species of damage is sufficient to sustain it. Although called malicious it is not necessary to prove an actual malicious intention; the malice may be inferred from the absence of reasonable cause for the proceeding.

39. There is no injury to reputation which is not provided for in the preceding sections, commencing with the twenty- second, and terminating with the last preceding one.

40. Defamation of title is not an injury to reputation, but to property. It consists in falsely alleging that a person has no title, or only a defective title to his property; it is only an injury when special damage, as defined in the thirty- seventh section, can be shown to have followed.

41. Injuries to the domestic relations may be committed by adultery, by the seduction of a wife or daughter, enticing or taking away, detaining or conning the wife, child, ward or servant, of any person, or an idiot or mean person from his or her legally appointed trustee or guardian; by harbouring or assisting any person sustaining the relation of wife, child, ward or servant, who has unlawfully left the protection or service of his or her husband, parent, guardian, master or mistress, or by beating or otherwise injuring the wife of any person, or by beating or otherwise injuring any person sustaining any of the domestic relations, in such a manner as to incapacitate him or her from performing the duties of such relation.

42. Every person is warranted by law, in employing himself and his property, in any honest business, occupation, or pursuit; although his so doing may be prejudicial to the interest of others, by way of rivalry or competition. Any prejudice or damage sustained by any person in consequence of fair competition in business, is a damage, but not an injury.

43. No man is bound to alter the natural condition of his property, for the benefit or accommodation of his neighbour, or to accommodate his improvements to those of his neighbour. Neither an omission to do so, or any damage arising from such omission, can be regarded as an injury. Provided nothing in this section shall abrogate any part of “An act Regulating Towns and villages.”

44. An infant is capable of committing, and responsible for an injury, and consequently responsible for violating a contract made by those whom he represents, or under whom he claims, and which is binding on him as a representative or assignee, or on his property, although he is not capable of making a contract.

45. Every person under twenty- one years of age, is an infant.

46. A married woman, is capable of committing an injury, and for every such injury her husband is responsible in an action against himself, although it may consist in the violation of a contract binding on such married woman, as a representative or assignee, or on her property, or made by herself before marriage. A married woman cannot make a contract to bind herself, although she may contract as her husband’s agent; he will be bound by every such contract, and the agency may be directly proved or inferred from circumstances and the usages of society. A wife is presumed to be her husband’s agent in providing for his family, and clothing herself and his female children, and males under the age of fifteen; but this presumption may be contradicted by

satisfactory evidence that the wife was not acting as his agent.

47. An idiot or insane person is capable of doing an injury, though not of making a contract, or committing a crime, and is responsible for an injury, though not for a crime; he may be responsible for the violation of a contract made by another person whom he may represent, in the same manner as an infant, under similar circumstances, and not otherwise. He shall be also liable for a violation of a contract made by himself before his insanity.

48. No judicial act, done by a judge or other judicial officer, within his jurisdiction or authority, or any omission to do such act, can ever be deemed an injury, although if the judge or officer act corruptly or maliciously, or wilfully refuse or neglect to do his duty, it is a crime. This section is to be considered as controlled by the provisions of the twenty- third chapter of the second title, on the subject of writs of habeas corpus.

49. No ministerial officer is guilty of an injury in executing any writ directed to him by any authority or tribunal, having jurisdiction over the place where the writ is executed, and having authority to issue similar writs. If the writ shall have been improperly obtained, or the court or other tribunal has exceeded the precise limits of its jurisdiction, a remedy may be had against the person who procured the issuing of the writ.

50. A ministerial officer who does any act under or by colour of any writ which such writ does not authorize, is guilty of an injury, if his act produce damage to any person.

51. The object of actions for the redress of injuries, being the indemnification of the injured, and not the punishment of the injured, it follows that the measure of damages in such actions is the actual amount of loss or inconvenience sustained by the plaintiff, without any reference to the degree of misconduct of which the other party may have been guilty. The only exceptions to this rule are those contained in the next section.

52. Adultery, the seduction of a wife or daughter, illegally taking away or harbouring a wife or a child, ward or apprentice under twenty- one years old, or enticing an idiot or insane person from his or her legally appointed trustee or guardian; the breach of a contract, engagement, or promise to marry; injuries to the reputation for which an action will lie without alleging and proving special damage, and the injuries for which remedies are given by the twenty- third chapter of the second title, are injuries of a peculiar nature, and partake of a criminal character. Actions for the above enumerated injuries partake of the nature of criminal prosecutions. They are exceptions to the rule for the measure of damages laid down in the last section, and a jury in estimating damages in such cases, may take into consideration the misconduct of the defendant, and increase the damages at their discretion for the purpose of punishing him. Other personal injuries are not exceptions to the rule in the last section.

53. In every case of an injury, the condition of the defendant is to be preferred; that is, the facts must be proved by the plaintiff. Where the right of the wrong are equal, the condition of the defendant or the party in possession of the thing in dispute, is to be preferred.

54. The enumeration of particular injuries, except those to reputation in some of the preceding sections, shall not be construed to exclude from the class of injuries, any particular case not enumerated, which amounts to an injury agreeably to the principles of the first six sections or the tenth section, which contain general principles the others are designed to explain, apply or restrain. But they are only to be restrained by express words, not by mere omissions.

55. All the provisions of this title are to be considered as annexed to, incorporated in, and controlling all the provisions of the second title, except those contained in the twenty- third chapter.

CHAPTER II.

Of Writs and their Incidents.

1. An action is a mode of proceeding to obtain redress of an injury by means of a court of justice.

2. The party who seeks redress in an action, is called the plaintiff, the party against whom the action is brought is called the defendant.

3. Actions are divided into three general classes, where the injury for which redress is sought is a breach of contract, the action is said to be an action growing out of contract; where it is an injury of any other description, the action is said to grow out of a wrong. The third class, consists of actions growing out of judgments in former actions.

4. Actions growing out of contracts, are subdivided into those in which a specific performance of the contract is sought, and those which are intended to recover damages for the non-performance of the contract.

5. There are three actions growing out of contract, in which the specific performance of a contract is sought, debt, specific performance of contracts, other than for the payment of money, and injunction.

6. An action of debt is an action to enforce the payment of a sum of money, which the defendant has contracted to pay to the plaintiff.

7. An action for the specific performance of a contract, other than for the payment of money, is an action in which it is sought, to compel a defendant to do any act other than the payment of money, in pursuance of a contract into which he has entered. It may be briefly called an action of specific performance.

8. An action of injunction, is a sanction in which the plaintiff seeks to compel the defendant, to permit matters to remain in the present state, either in pursuance of a contract, or because of a right growing out of the general principles of law. It is classed with actions founded on contract as a matter of convenience, although it is capable of being applied in cases, where the wrong is not, precisely, a breach of any contract.

9. An action to recover damages, for the breach of a contract, is an action in which the plaintiff seeks to obtain from the defendant a sum of money, as damages or compensation for the injury he has sustained by reason of the defendant’s not performing some contract, into which he, or some person under whom he claims, or whom he represents, had entered. It may be briefly called an action of damages.

10. Whenever a person is bound under a penalty, that himself or any other person, shall do or omit any act, and the obligation is violated, or whenever any person is bound in any sum of money, the obligation to be released or void, on the omission or doing of any act by himself or any other person, in case of a breach of the contract or condition, an action of contract, shall be the proper remedy. In such action the plaintiff may recover

the penalty or the sum forfeited, but the defendant may be relieved from the excess beyond the actual damage, by the court, upon equitable terms, unless it appear that the instrument is a bond to the Commonwealth, for the due performance of official duty.

1. Actions are commenced, and defendants brought before the courts, by means of writs. 2. A writ is a written or printed paper, authenticated by the seal of the court, and is nature of the clerk, directed to the sheriff or other persons, commanding him to do, or abstain from doing, some act. 3. All actions, except injunction and replevin, shall ordinarily be commenced by a writ of summons, directed to the sheriff (except in Justices’ courts,) requiring him to summon the defendant or defendants to appear at a day appointed, to answer the complaint of the plaintiff or plaintiffs, without specifying such complaint. The writ of summons shall also contain a clause requiring the sheriff to have the writ before the court, at the day appointed for the appearance of the defendant or defendants. It shall only be issued on the written direction of the party or his agent. 4. It shall be the duty of the sheriff to produce to the court the writ of summons, with his return endorsed thereon, either that he has summoned, the person or persons directed in the writ of summons to be summoned, or that they cannot be found, as the fact may be. There may be different returns as to different persons named in the same writ. 5. If the sheriff return that the defendant or defendants, or any of them, cannot be found, a writ of re- summons may be issued as to such defendant or defendants. 6. A writ of re- summons differs from a writ of summons only by the insertion therein, after the word “summon” of the words “as you were before commanded.” It shall be returned as a writ of summons. 7. If the defendant, having been returned summoned on a writ of summons, shall not appear within four days after the time therein appointed for his appearance, or if after the return of a writ of re- summons the defendant shall not appear, within four days after the time therein appointed for his appearance, whatever the return may have been, it shall be the right of the plaintiff or plaintiffs, having first filed his or their complaint, unless the complaint be in ejectment to move for a writ of attachment, which shall be granted as herein after provided. 8. A writ of attachment, is a writ directed to the sheriff, commanding him, to attach the lands, goods, chattels, and credits of the defendant or defendants, to the value of a sum to be expressed in the attachment, and to have the writ before the court at a certain day 9. The sum specified in any writ of attachment, shall not exceed the sum of one hundred dollars, unless in the cases hereinafter otherwise provided for. 10. The plaintiff having filed his complaint, and being entitled to move for an attachment under the provisions of the seventh section of this chapter, may—unless the complaint be in an action of damages, for an injury to the person, or reputation of the plaintiff or his wife, or for such other injury as cannot be conveniently estimated in money—make an affidavit or affirmation of the sum due to him, or of the injury he has received, and of the damages he believes he has sustained; and in that case the writ of attachment, shall direct the sheriff to attach property to an amount equal to the amount of the debt or damages so sworn to, and half as much more, so as to answer the interest and cost, as well as the debt or damages. 11. If the complaint be in debt, and the plaintiff shall exhibit to the court, evidence in writing, that any specific property, has been mortgaged

or pledged to the plaintiff, by the defendant, by way of security, and that the sum secured by such mortgage or pledge is due, and unpaid, the plaintiff shall be entitled to an attachment against such specific property without any affidavit.

12. In all cases of actions of debt or contract, wherein a specific performance, is not sought to be compelled, and in all actions of damages, except those that are excepted in the tenth section of this chapter, the plaintiff may commence by filing his complaint, and the affidavit required in the said tenth section, with an addition to such affidavit, that he fears that the defendant or defendants, cannot be found to be summoned, or will not appear if summoned, and shall thereupon be entitled to an attachment.

13. In an action of enforcement, no affidavit or any previous writ shall be necessary to obtain an attachment, except in the case provided for in the fifteenth section. If the original judgment was an injunction or ejectment, the costs and as much more shall be regarded as the sum to be specified in the attachment.

14. All writs of attachment issued under the tenth, eleventh, twelfth or thirteenth sections of this chapter, shall contain a clause requiring the sheriff to summon the defendant or defendants, as in a writ of summons.

15. In an action of enforcement, if the original judgment were in specific performance, the same rule as to the sum to be mentioned in the attachment, shall prevail, as in the case of a judgment in injunction or in ejectment, unless there be an affidavit of non-performance of the judgment, and of the extent of damages sustained by such non-performance.

16. It shall be the duty of the sheriff, immediately upon the receipt of any writ of attachment, to attach, seize, and take into his hands and possession, if necessary, all the personal or moveable property, of the defendant or defendants named in the writ of attachment, which he shall find in his or her possession, or not in the possession of any other person; and also to attach, seize, or take possession if necessary, of the right, title and interest of the said defendant or defendants, in all fixed and immovable property. But if the writ of attachment refer to particular property he is not to meddle with any other.

17. The necessity, referred to in the last section, is the necessity of making up the value, of the sum called for in the writ of attachment.

18. In order to ascertain the quantity of property which it may be necessary to attach or seize, it shall be the duty of the sheriff to cause all property so attached or seized, to be appraised and valued, by two disinterested persons, upon their solemn affirmation, to value the same to the best of their skill and ability.

19. It shall also be the duty of the sheriff to cause a list or schedule of all property so as aforesaid seized or taken, and of the appraisement and valuation thereof, to be made out and annexed to the writ of attachment, and to return the said writ “attached as per schedule.”

20. If, from the peculiar nature of any personal property belonging to the defendant or defendants, it shall be incapable of being taken into the hands and possession of the sheriff, he may nevertheless include it in his schedule, and shall give notice to all persons whose interest may require such notice, that he has so done. Courts may adapt such rules upon the subject, embraced in this section, as may from time to time appear to them proper, and may regulate such notice in the manner they may deem most just.

21. If there is not sufficient property, of the defendant or defendants, liable to be included in a schedule, to produce the amount required by the writ of attachment; or if the plaintiff shall so direct, the sheriff may lay the attachment in the hands of any persons who may be indebted to the defendant or defendants, or any of them, or who may have the care, custody or possession,

of any property of such defendant or defendants, or any of them, by warning such person or persons that the property of such defendants is attached in his or their hands to such an amount, and summoning such person or persons to appear at court on the day appointed for the return of the writ of attachment, to show cause why the same should not be condemned in his or their hands, towards the payment of the debt or damages sought to be recovered. Provided, that the person or persons so warned and summoned, may deliver up to the sheriff all the property, of which he or they has or have the care, custody or possession, as aforesaid; whereupon the sheriff shall proceed as if he had found the same out of the possession of any person.

22. If the sheriff has proceeded to lay the attachment in the hands of any person or persons, he shall return the writ attached in the hands of ———. The person in whose hands the attachment is laid, shall be called the garnishee. A plaintiff may himself be made a garnishee.

23. If the sheriff cannot find any property to attach, or any debtor or other person in possession of property to warn as garnishee, he shall return on the back of the writ, that the defendant has, or defendants have nothing which he can attach.

24. Upon the return of any writ of attachment, the defendant or defendants may appear and give bail; in which case the attachment shall be dissolved, except in the case provided for in the next section; or the defendant or garnishee, or both, may appear without bail, in which case judgment shall be suspended until the usual steps shall have been taken to bring the case to trial—the attachment standing as a security. But if neither defendant nor garnishee appear, there shall be a judgment by default against both, or against the defendant, if there is no garnishee. But there shall be no judgment by default upon an attachment which has not been preceded by a summons, and which has been returned under the twenty- third section.

25. An attachment founded upon a mortgage or pledge, shall not be dissolved unless the defendant shall make oath that the debt is paid, or that the property taken under the attachment, is not that mortgaged or pledged.

26. When an attachment is dissolved the property taken under it, and all persons whatever affected by it, shall be put in the same situation as if it never had existed.

27. Upon the return of any writ of attachment, attached as per schedule or laid in hands, if the defendant or garnishee, do not appear within four days, the plaintiff may have judgment by default, and an order that the sheriff shall sell the property taken under the attachment, if any, towards the payment of his debt or damages, when ascertained, according to law.

28. If the complaint be filed in an action of damages, for an injury to the person, or reputation of the plaintiff or his wife, or any other injury which cannot be easily estimated in money, and the plaintiff be not satisfied with a writ of attachment to the amount of one hundred dollars, he may apply to the court, or any judge thereof, and exhibit such evidence of the injury, and of other matters connected with the subject, by his own oath or otherwise, as he may think, proper, and the court or judge may direct such sum as may be proper to be inserted in the writ of attachment; or if the injury be a personal one, may, in the discretion of such court or judge, order the issuing of a writ of arrest, even although the defendant be an infant under twenty- one years of age.

29. In any other case the plaintiff being in a condition to apply for a writ of attachment, and having made oath or affirmation, that he fears he shall not be able, by a writ of attachment, to obtain security for his debt or damages, may apply to the court or any judge thereof, for a writ of arrest, which may be granted him in the discretion of such court or judge; but a writ of arrest

against a defendant, as such, shall never issue as a matter of course, nor against an infant under twenty- one years of age, married woman, idiot or insane person, unless under some special provision of law.

30. A writ of arrest, is a writ whereby the sheriff is commanded to arrest the body or bodies of the defendant or defendants, and in most cases to bring it or them before some judge or other person authorised to receive bail, to give security, to answer the complaint of the plaintiff in a sum to be named in the said writ, and to have the said writ before the court at a day to be named therein.

31. The sum to be named in the writ of arrest, for which security shall be taken, is to be always in the discretion of the court or judge, awarding such writ.

32. Every writ of arrest against a defendant, in any action other than junction, shall be accompanied by a copy of the plaintiff’s complaint, attested by the clerk of the court, which it shall be the duty of the sheriff to deliver to the first person arrested by virtue of such writ.

33. Every writ of arrest against a defendant, in any action other than junction, shall be accompanied by a writ of attachment; and if the defendant will point out to the sheriff sufficient property, liable to be attached as per schedule, to cover the sum mentioned in the writ of attachment, which shall be the same mentioned in the writ of arrest, the sheriff shall not execute the writ of arrest; but as a reason for not so doing, shall return, upon the writ of arrest, that he has executed the accompanying writ of attachment. The two writs shall be considered as commencing but one action.

34. It shall be the duty of the sheriff immediately on the receipt of a writ of arrest, to arrest every person whom he is thereby commanded to arrest, and to carry him before some person authorised to take bail, unless in the case provided for in the thirty- third section of this chapter, and also, if required by the person before whom he is so carried, to conduct him to prison, there to be detained until discharged by due course of law, and to make return to the court of what he has done in the matter. Writs of arrest may be continually renewed until the defendant or defendants is or are arrested.

35. In an action of specific performance, or of enforcement founded upon a judgment in specific performance, the plaintiff being entitled to an attachment after a return of summoned, or after two returns of not found, or in an action of enforcement without such return, may exhibit to the court or one of the judges thereof, such evidence of the contract and its circumstances, as he may think proper, by his own affidavit or otherwise, and the court or judge may thereupon order a writ of attachment to issue directing the sheriff to attach any specific property to which it may appear to such court or judge that the plaintiff is entitled under the contract, specific performance of which is sought to be compelled and the property taken under such attachment, shall, whenever a judgment by default or otherwise is rendered in the cause, in favour of the plaintiff, be delivered to the plaintiff.

36. In ejectment there shall be no writ of attachment or of arrest, nor any bail required, but on a return of a writ of summons, the plaintiff, having filed his complaint, if he defendant do not appear, may cause a copy thereof, together with a copy of the writ of e- summons, to be set upon the property claimed, ten days before the return day of the re- summons, and for that purpose may have a writ of re- summons, although the writ of summons may have been returned summoned; and if the defendant do not appear within four days after the said return day, the plaintiff shall be entitled to a judgment by default.

37. An action of injunction, must be commenced by a writ of injunction, to obtain which, the plaintiff must file his complaint verified by his own oath, and by such other evidence as the court or judge may think proper. The court or

judge may also require the plaintiff to give sufficient security to indemnify the defendant from any injury he may sustain, by means of the writ of injunction; but this is a matter in the direction of the court or judge, as is also the issuing the injunction and the contents thereof.

38. A writ of injunction, is a writ directed to the party, commanding him to abstain from doing some act, which it is alleged he is about to do, and also to appear before the court at a day to be thereupon appointed, to show cause why the injunction shall be dissolved. Every writ of injunction shall be issued in duplicate.

39. A writ of injunction may be served by the sheriff, or any other person except the plaintiff, by leaving it or a copy or duplicate thereof, with the person to whom it is directed. The original or its duplicate writ, must be returned to court on or before the day appointed for the defendants appearance accompanied by a solemn affirmation of the service.

40. If the defendant disobeys the injunction, the court on being satisfied of the facts by affidavit, may issue a writ of arrest against him, although private judgment under the twenty- ninth section, and punish him by a fine or imprisonment, or otherwise, in their discretion. Such writ shall be returnable before the court or a judge thereof only, and shall contain no clause respecting bail or security.

41. An injunction shall not be dissolved, unless the defendant appears and is a sufficient answer to the complaint, verified by oath, it shall not be dissolved merely because he denies knowledge of the facts alleged in the complaints and puts the plaintiff upon the proof thereof.

42. Replevin must be commenced by issuing a writ of replevin, to obtain which, the plaintiff must give sufficient security, in the discretion of the clerk of the court, that he or his representatives, will return the goods about to be repleved, and pay the costs, if any court having jurisdiction in the cause shall so adjudge, and indemnify the defendant, from any injury he may sustain, by means of the writ of replevin.

43. A writ of replevin, is a writ directed to the sheriff, commanding him to replevy and deliver to the plaintiff, the goods therein specified, to summon the defendant to appear before the court on a day therein appointed to answer the complaint of the plaintiff, and to have the writ before the court on the said day.

44. It shall be the duty of the sheriff literally to execute the commands contained in the writ of replevin, and to return his doings to the court.

45. If the sheriff cannot find the goods mentioned in the writ of replevin, the plaintiff may either issue another replevin or a writ of re- summons on the former writ, turning the action thereby into an action of damages, in which last case his sureties shall be released. He may also have an attachment for a sum equal to double the value of the goods, as ascertained by his own oath, provided he files an affidavit that he believes they are or have been in the defendant’s possession.

46. It the sheriff replevy and deliver the goods, and return those facts to the court, and the defendant do not appear within four days of the day appointed for his appearance, the plaintiff shall be entitled to a judgement by default, which shall operate as a discharge to his sureties and shall entitle him to the goods.

47. No judgment entered in pursuance of any direction contained in this chapter, shall be stricken out after the term at which it is entered, nor during that term, but on payment of costs and compliance with such other conditions as the court may impose; provided that the court may inquire into the truth of any return, and if they shall be satisfied that any return was false, they may order the officer making such return, to pay the costs, and may make such order as to the defendant’s appearance, as may to them seem just.

48. A term is the space of time comprehended between the legal first day of any meeting of a court, and the legal first day of the next meeting of the same court.

CHAPTER III.

Of Bail.

1: Bail is the security which is given by a defendant for his complying with the judgment of the court.

2. Bail can only be had in cases where the plaintiff is entitled to a writ of attachment or arrest, and only to the amount of the sum mentioned in such writ.

3. The stipulation into which bail shall enter shall be that the defendant shall perform the judgment of the court, or render his body to the sheriff, under penalty of such a sum.

4. Whenever a defendant is brought before a court, judge, or commissioner of bail, on a writ of arrest, and the court, judge, or commissioner is of opinion that the plaintiff is entitled to demand bail, it shall be lawful for such court, judge or commissioner to commit such defendant to prison, if such court, judge or commissioner shall, in the exercise of a sound discretion, deem it proper, until he is discharged by due course of law. Such discharge may be by order of the plaintiff, or some proper authority before whom the defendant has given bail, or before whom he has assigned all his property for the general benefit of his creditors, agreeably to the directions of the law.

5. The remedy against bail, shall be an action of contract, which, however cannot be commenced until after the return of a writ of execution, which has proved wholly or in part ineffectual. The bail shall be discharged by the death of the principals, prior to such return.

6. The same remedy is to be applied in all cases of security mentioned in the second chapter; but the previous return of a writ of execution shall not be necessary, except in the case of bail, nor shall the death of the principal be a discharge in any other case.

7. The measure of damages, in the case of bail, is the amount of the judgment rendered by the court, in the action in which bail was given.

8. Every judge of a court shall have power to take bail, in all actions pending in his court, and every court shall have power to appoint, by standing rules, commissioners of bail, who shall have the same power. The court may by standing rules establish an appeal from a commissioner to a judge, in cases in which they may deem it proper.

CHAPTER IV.

Of the Complaint.

1. Whenever the defendant appears, it shall be the duty of the plaintiff to file his complaint, unless he has done so before. If the plaintiff has not filed his complaint, within ten days after the appearance of the defendant, the defendant may demand to be discharged.

2. The appearance of the defendant is to be accounted as made, when it is entered on the records of the court. This cannot be done until bail has been

given, when the plaintiff is entitled to bail, unless an attachment hath been laid on the defendant’s property, in which case he may appear without giving bail, the attached property standing as a security in lieu of bail.

3. Every complaint must contain a distinct and intelligible statement in writing of a sufficient cause of action within the scope of the form of action chosen, otherwise the action may be dismissed.

4. Every complaint must commence in this manner, A. B. complains that, and conclude all which the said plaintiff is ready to prove. No other form is necessary. In no case shall it be necessary to state any fiction of law, or any precise amount of damages or any matter which it is not necessary to prove.

5. If the plaintiff has really several causes of action, against the same defendant, suited to the same form of action, he may include them all in one complaint, separating them from each other by the words, and the said plaintiff further complains that.

6. A complaint in an action growing out of contract, must state the contract and the violation thereof; and if the contract be one merely implied by the law, must state the facts from which the law will imply it.

7. A complaint in an action of debt, must state a written obligation or promise to pay, or it must be in the form prescribed in the next section.

8. A complaint in debt may be in this form, to wit: A. B. complains that C. D. is indebted to him for sundry matters, properly chargeable in account, as will appear by the account herewith filed, and has neglected to pay said debt—all which the said plaintiff is ready to prove. Together with a complaint in this form, there must be filed an account stating specifically, distinctly and intelligibly, the articles with which the plaintiff intends to charge the defendant, so as to give the defendant notice of the facts the plaintiff intends to prove.

9. A complaint in specific performance must state the contract and the refusal of the defendant to perform his part thereof; it should also state that the plaintiff has performed or is ready to perform his part, unless in cases in which the terms of the contract, the part of which specific performance is sought, is to be performed first.

10. The complaint in injunction, should state the contract or other facts, entitling the plaintiff, to demand that the defendants should not do the act, from doing which it is sought to injoin him, and also the belief of the plaintiff that the defendant intends to do such act. The oath of the plaintiff shall be sufficient evidence of such belief.

11. A complaint in contract, shall state the contract, the violation thereof, and the fact that the plaintiff has sustained damage by reason of such violation. But it shall not be necessary to specify any amount of damages.

12. A complaint in reprieve, shall state that the defendant detained certain specified movable property of the plaintiff, enumerating the same.

13. A complaint in ejectment, may state that the plaintiff was possessor of the land sought to be recovered, or that any other person was possessed of it, and that the defendant or defendants detain said land, and if possession thereof of the plaintiff be not averred, such complaint shall contain an averment, that the title of the person in whom possession is averred, hath come to the plaintiff. A widow may recover her dower in the same form.

14. A complaint in ejectment, may state that the defendant detains the lands of the plaintiff, to which he is entitled, under a grant from the society or other authority having power according to law, to grant land in the first instance, or from the defendant himself to the plaintiff, or to any other person who may be named in the complaint, and in the last case, the complaint shall contain an averment that the title of such person hath come to the plaintiff.

15. A complaint in ejectment may state that a judgment, to be recited in the complaint, was obtained against the defendant, that an execution issued thereon, and that the sheriff or the other proper officer, in pursuance thereof, sold certain lands of the defendants, to the plaintiff, or to any other person, and that the defendant detains the said lands. If the sale by the officer, is not alleged to have been made to the plaintiff, the complaint must also state, that the title of the person, to whom the sale was made, has come to the plaintiff.

16. When an action of ejectment, is brought against a tenant who holds over, it shall be sufficient for the complaint to state the lease or renting to the defendant, and that his time has expired. If the defendant be not the original tenant, or the plaintiff not the original landlord, the title of those parties to the action, who are not parties to the lease, shall be deduced in general terms from the lessor or lessee, as the case may require.

17. When an action of ejectment, is brought to recover property which has been leased, and the interest of the lessee or his assignee, forfeited by the non-payment of rent, it shall be necessary for the complaint, to state summarily the lease, the claims of re-entry, and the average of a year’s rent, whereby the interest of the defendant is forfeited, and that notwithstanding such forfeiture, he detains the land. If the action be not between the original parties to the lease, the title of those parties to the action, who are not parties to the lease, shall be deduced in general terms from the lessor or lessee, as the case may require.

18. The complaint in an action of damages, shall state the injury complained of, and the fact that the plaintiff has sustained damages thereby; but it shall no be necessary to specify any amount of damages.

19. A complaint in damages to real property, must either state that the plaintiff at the time of the injury complained of, was possessed thereof, or that he was formerly possessed thereof, and had parted with the possession thereof, to be reinstated therein at some period, or upon the happening of some contingency, or it must aver the same facts as to some other person, and deduce title like a complaint in ejection. But no person can maintain an action of damages, for an injury to real property done before his title to the same accrued. The allegation of possession, shall be sufficiently proved by showing title, unless some other person is proved to have been in possession at the time, at which it was important to prove possession in the plaintiff, or those under whom he claims.

20. A complaint in damages for an injury to personal property, must state that the plaintiff was the proprietor of the goods, which were the subject of the injury, or that he was possessed of them, and shall also state such injury, which may consist in taking, using, damaging, destroying, selling or detaining such goods, or in any act which may diminish the value thereof, or render the possession of them insecure.

21. A complaint in damages, for a personal injury to the person or reputation of the plaintiff, need only state the injury. If the injury complained of, be a malicious or improper suit, prosecution, or other legal proceeding, the complaint must shew that such suit, prosecution, or proceeding is at an end, and has terminated in favour of the present plaintiff.

22. A complaint in an action of damages, for an injury to the domestic relations of the plaintiff, must state the relation upon which it is intended to rely, the injury, and also that the plaintiff sustained damage thereby.

23. The plaintiff may once amend his complaint or withdraw it, and file a

new one at any time before the case is ready for trial, but he must pay the whole costs of the action, incurred by both parties, up to the time of such a. mendment, and if he change his form of action, he shall lose the benefit of bail if any has been given.

CHAPTER V.

Of the Answer.

1. The defendant may either deny the truth of the facts stated in the complaint, or he may deny that they are sufficient in law to maintain an action, or he may do both, and in so doing, he is not confined to any form.

2. If the defendant deny both the facts and the law, the question of law shall first be disposed of.

3. The defendant may file an answer to the complaint, setting forth new facts to excuse or justify his conduct, every such answer must be in writing, and must contain a distinct, intelligible and sufficient answer to the complaint, or to such parts thereof, as it professes to answer or judgment shall be given for the plaintiff.

4. Every answer which is not a mere denial of the truth of the facts alleged in the complaint, or of the law assumed in the same or of both, must commence, ‘The defendant denies the right of the plaintiff to recover, because,’ and conclude, ‘And this the defendant is ready to prove.’ No other form is necessary.

5. Every answer must be filed within twenty days after the appearance of the defendant, provided that the complaint shall have been filed before the expiration of ten days from the said appearance, otherwise it shall be filed within ten days after the defendant shall have received notice of filing the complaint.

6. If no answer is filed as provided in the last section, the defendant shall be understood to deny the truth of the facts, and to rest on that defence only. Every answer may be once amended or withdrawn, and a new one filed, or an additional answer filed, but this must be done so as to produce no delay in the trial of the cause, and the defendant must pay all the costs of the action incurred by both parties, previous to such amendment.

7. If the defendant have really several answers to the complaint, he may avail himself of them all, separating them by commencing each new answer with the words, ‘And also because.’

8. No general denial, whether expressed or implied, shall ever be construed, in an answer or reply, to amount to an affirmation of any fact, such as payment, performance of a contract, inability of a defendant to contract, illegality of consideration, permission of the plaintiff, lapse of time, or other affirmative matter, of the intention to prove which, the other party ought in fairness to have notice. The fundamental principle upon which all complaints, answers or replies shall be constructed, shall be that of giving notice to the other party, of all new facts which it is intended to prove, whether they are consistent with the facts already stated to the court, or being inconsistent with the present existence of such facts, admit or imply their former existence, or show that existing, they can have no legal effect.

CHAPTER VI.

Of the Reply.

1. The plaintiff must reply to the defendant’s answer, within ten days after he has notice that it is filed, or he shall be obliged to test his case on the denial of the truth of the answer only, to be construed agreeably to the principles of the eighth section of the last chapter.

2. The plaintiff may in his reply, either deny the truth of the answer, or that it constitutes a sufficient answer to his complaint or both. But it he denies both, the question of law must first be disposed of. Such denial is to be construed agreeably to the principles of the eighth section of the last chapter.

3. The plaintiff may reply new facts, if he thinks proper to do so, subject to the rules laid down for answers. Such reply must commence, The plaintiff de- nies that the answer of the defendant is sufficient to prevent his recovery, and conclude: And this the plaintiff is ready to prove. No other form is beca- sary.

4. If the defendant choose to give any other answer, than the denial of fact or law to the reply, he may file a second answer, but this will seldom be necessary or proper; in like manner, the plaintiff may file a second reply, and so on, until one of the parties rest his case on a denial of the facts stated, or law assumed by the other party, or of both; such subsequent answers and replies, are subject to all the principles, rules and forms above laid down, such alterations being made in the forms, as circumstances may require.

5. Every answer and reply, must contain a distinct, intelligible and sufficient answer in writing, to the complaint, answer or reply to which it purports to be an answer or reply, or to such parts thereof as it proiesses to answer, and must not depart from the ground taken by the former answers or replies to the same party, or judgment shall be given for the other party.

6. If a party have really two or more sufficient answers or replies, to the answer or reply of his adversary, he may avail himself of them all, separating them by commencing each new answer or reply after the first, with the words, And also because.

7. Amendments may be made in replies and answers, subsequent to the first, upon the terms on which they may in the first answers and replies, and subsequent answers may be withdrawn, and others substituted upon similar terms.

CHAPTER VII

Of Trial.

1. The trial of all questions of mere law, shall be by the court.

2. The trial of all questions of mere fact, shall be by a jury, if required by either party, and the value of the matter in dispute exceed twenty dollars, unless in cases where the court are expressly authorised or directed by law, to enquire into any matter of fact, not going to the final decision of the case.

3. The trial of all mixed questions of law and fact, shall be by jury, with the assistance, and under the direction of the court, unless where the court could try question, if one of mere fact.

4. A jury shall consist of twelve persons, who shall solemnly swear or affirm immediately before the trial, that they will well and truly, try the issue joined, between the parties, and a true verdict give according to evidence.

5. The opinion of the court, shall in all cases be the only evidence to this jury of the law of the land.

6. The amount of debt or damage shall, unless otherwise directed by law, be in all cases ascertained by a jury. The jury who try an action or represent when the goods are in the possession of the plaintiff shall if they find a verdict for the defendant, ascertain the value of the goods.

7. The court shall try all questions and ascertain the amount of debt, and damages in all cases in which a jury is not required.

8. If in an action of enforcement, or in any other case, in which a judgment is stated in a complaint, the defendant deny the facts stated in the complaint, the court shall try the question, whether there is such a judgment or not, and their opinion on that subject, shall be conclusive upon the jury, if there is one.

9. It is the right and duty of the court, to expound to the jury all written evidence, procured in the course of the trial; but depositions and affidavits, although actually reduced to writing, are not to be considered as written evidence within the meaning of this section.

10. It is the right of the court, to decide on the admissibility of evidence, but when it is admitted, it is the right of the jury to decide upon its credibility and effect.

11. Consequently the court have no right to instruct the jury, that there is no evidence of any particular fact, if any evidence not written has been given in the case.

12. It is the duty of the court when applied to by either party, or by the jury, to instruct the jury upon any point of law which is important to the decision of the case; and the court may so far decide upon the effect of unwritten evidence, as may be necessary to enable them to ascertain whether a point, upon which instruction is asked, is important to the decision of the case.

13. The court shall not instruct the jury upon any point of law, which has not a bearing upon the merits of the cause.

14. On the trial of an action for a malicious suit, prosecution, or proceeding, it shall be the right of the jury, to determine whether reasonable cause for such suit, prosecution, or proceeding existed or not, which they shall do by taking into consideration all the facts and circumstances of the case. The court shall only instruct them, as to what facts are requisite and proper to furnish a sufficient foundation in law for similar suits, prosecutions, or proceedings.

15. Either party may require the court to reduce its opinions and instructions to writing; and whenever an appeal is to take place, the whole evidence in the court shall be reduced to writing, and with the opinions and instructions, signed by the judges, shall be transmitted to the court, before which the appeal is to be heard.

16. The court may set aside the verdict or decision of the jury, and order a new trial, whenever it shall be proved that the jury or any of them have received a bribe, or have conversed otherwise than openly in the presence of the court, with any party to the suit, or agent of such party, on the subject of the trial, after being affirmed; or if any juryman was related to either of the parties, or to the wife of either of the parties, as father, son or brother, or had himself any pecuniary interest in the cause, or if the verdict shall be manifestly against the evidence, the law, or the legal instructions of the court, or if the debt or damages found by the jury, be greatly too much or too little, when compared with the evidence in the cause.

17. The court in awarding a new trial, may impose such terms upon the party in whose favour they award it, as to them shall seem just.

18. Every motion for a new trial, must be made within four days after the verdict, or if on the ground of the verdict being against evidence, law, or the

instructions of the court, or of a mistake in the amount of damages, within two days. Within one day after such a motion is made, it shall be the duty of the court to appoint a time for hearing it, which if the ground of the motion shall be such as, by the provisions of this section, would render it necessary to make the motion within two days after the verdict, shall be immediately, if the court have time—if not, it shall be at the next term.

19. When a verdict is set aside, it shall be the duty of the court to appoint as early a day, as conveniently may be, for a new trial.

20. Every question of law or fact, shall be disposed of at the term at which it is raised, unless the court are prevented from disposing thereof by want of time, or are satisfied by affidavit or other sufficient evidence, that the ends of justice require a postponement, and that the necessity does not grow out of the misconduct or negligence of the party applying for the postponement.

CHAPTER VIII.

Of Courts.

1. Every court shall consist of one or more judges, and shall have a clerk, and a seal.

2. Every act of a court unless otherwise directed by law or rule of court, shall be authenticated by the signature of the clerk, and the seal of the court.

3. It shall be the duty of the clerk of every court to keep a docket, or list of the cases pending in the court; which shall exhibit all the proceedings taking place in the cause. To take charge of all records and papers, and on payment of his fees, give copies of them whenever required, to sign all writs and other acts of the court, and to do such other duties as may be required of him by law, or rule of court.

4. It shall be the duty of every court, at each term or session, to dispose of all questions of mere law depending before them, and then to cause a jury to be provided to try questions of facts and mixed questions.

5. Every court shall have power to cause to be arrested and brought before them by writ of arrest, or otherwise, any person who may interrupt or disturb its proceedings, resist the execution of a writ or writs issued by its authority refuse or neglect to obey its lawful summons, or that of the sheriff to attend upon its sitting, or refuse or neglect to perform the duties, for the performance of which any such person may have been summoned, or who being summoned and having appeared, shall depart from the court without leave. But this section shall not be construed to extend to defendants in actions, who may disobey a summons, in cases in which a writ or arrest is not expressly authorized against them in the second chapter.

6. When any person is brought before the court under the last section, it shall be lawful for the court to punish him or her by fine and imprisonment, or otherwise in the discretion of such court.

CHAPTER IX.

Of Juries.

1. Every jury shall be composed of twelve jurymen, the consent of the whole of whom, shall be necessary to a verdict.

2. Every jury, shall on the demand of either party, be chosen in the following manner. Twenty four names, of persons qualified to be jurors in the case, shall be put into a box, and twenty of them drawn by lot, each party may strike four from the list, and the remaining twelve shall try the cause, should the parties strike the same persons, the court shall reduce the number to twelve.

3. The foreman of every jury, shall be appointed by the court.

4. The foreman of every jury, shall deliver their verdict, but any party to the action, may demand the opinion of each jury man, in order that he may ascertain if the verdict is unanimous.

5. Every juryman, immediately before the commencement of the trial, shall make a solemn promise or affirmation, to the effect prescribed in the fourth section of the seventh chapter; or else that he will well and truly inquire of the debt due to, or the damages sustained by the plaintiff. The latter form applies to inquiries after judgment by default or otherwise.

6. No person can be a juryman in any case in which he has directly or indirectly, a pecuniary interest, or in which any ancestor, descendant, brother or sister of his, or his wife, or the husband or wife of any such ancestor, descendant, brother or sister, has, directly or indirectly, such interest, or in which any uncle, aunt, nephew, niece, or first cousin of himself or his wife, is a party or wife to a party, or in which he has acted as agent or assistant, in any way for either party, or on the merits of which he has expressed any opinion, or in which he has previously acted as a juryman or arbitrator. Either party may object to the name of any person, disqualified from serving by this section, being put into the box, and the facts, if denied, may be proved by the oath of the juryman proposed, or by any other sufficient evidence. The court may also exclude a person from serving on a particular jury, for any reason which in the opinion of triors, affects his impartiality, or on his own application may for similar reasons excuse him. But in cases of exclusion, except for the specific causes above mentioned, the court shall, if required so to do by either party, cause three persons qualified as jurymen in the cause to be chosen as triors, in the manner following: that is to say, the court shall nominate nine persons, whose names shall be put in the ballot box and seven of them drawn and entered on a list, each party shall strike two from the list, and the remaining three shall try the impartiality of the juryman without appeal, should the same persons be struck by both parties, the number shall be reduced to three by the court. But if a juror is admitted to try a cause without objection or after a trial by the court, or by triors, the verdict shall not be set aside, on account of any disqualification in him to serve on the jury, not mentioned in the fifteenth section of the seventh chapter.

7. If after the list of a jury is made out, it shall appear that the whole twelve, are not present, or one or more of them shall prove not to be lawful jurors, the court may nominate five persons qualified as jurors in the cause, for each juryman wanting, the names of such persons shall be put into the ballot box, and three for each juryman wanted drawn, and written on a list, from which each party may strike one third of the names thereon, and the remaining third shall be the jurymen. The court may nominate persons whose names have been before in the box and not drawn, but not a person whose name has been stricken from the list by either party in the same cause.

8. In all cases where a party refuses or neglects to strike a name or names from any list, the court may do it for him.

9. Every juryman, must be twenty-five years old, of good moral character.

10. Every jury must be kept together, from the time at which they are affirmed, until they render a verdict, without communicating with any person except the constable sworn to attend them, unless the court dispense with any part of this section. A jury may, notwithstanding, have food, water, light, and such other necessaries as the court may direct.

11. If the court are satisfied that there is no prospect of the jury agreeing, they may be discharged and a new trial awarded.

12. The jury may always find the facts especially and refer the law to the court. If they disagree upon the amount of debt or damages, they may report to the court the opinion of each juryman, and the court may ascertain the amount.

13. The sheriff shall cause twenty four qualified jurymen, to attend at each term of every court, having original jurisdiction, to be summoned as equally as may be from the several townships, within his jurisdiction, and in relation in each township. If from any cause any particular juryman, shall be disqualified from serving in a particular case, or shall be absent, the place of his name, may be supplied in the ballot box by that of any person qualified to serve as juryman in the case, without reference to townships or rotation. The persons whose names are substituted for those of others, shall be called judicial jurymen, and shall be summoned by the sheriff before their names are put into the box. Their service in a particular case, shall not be accounted instead of their service in rotation.

CHAPTER X.

Of the general rules of Evidence.

1. It shall be the duty of every party alleging the existence of any fact to prove it. The burden of proof rests on the party who maintains the affirmative, except in special cases.

2. Where a party charges another with a culpable omission or breach of duty he shall be bound to prove it, although it involve a negative. Every man shall be presumed to be innocent until the contrary is shown.

3. Where the facts lie peculiarly, within the knowledge of one party, he shall be held to prove the negative.

4. When the fact alleged, is the life of any person, if he be shown ever to have existed, the party denying his continued existence, must show his death. But death shall be presumed from an absence of seven years, during which no account can be given of the absentee.

5. The legitimacy of every person is presumed.

6. Marra, e is presumed, whenever the parties have lived together as husband and wife.

7. It is sufficient if the allegations of a party, are substantially proved.

8. The best evidence which the case admits of, must always be produced; that is, no evidence is sufficient, which supposes the existence of better evidence.

9. A copy is not evidence, unless the original is proved to be lost, or to be in the possession of the opposite party, who has received notice to produce it, or unless it be a copy of some record or other public document.

10. Harsay is not evidence, except in particular cases, 11. Harsay from deceased persons, of ancient facts, of which they, from their situations, were likely to have knowledge, such as marriage’s, births, deaths and pedigrees, may be received as evidence; but it is evidence of a low grade. 12. General reputation, is evident of general character, of marriage, of legitimacy, of death, of a man, having lived or filling a public office in which he has publicly acted. 13. All admissions, made by a party himself, or by any agent of his, acting within the scope of his authority are evidence. 14. Whatever has been said by a party himself, is evidence against him. 15. Every agent for the conduct of a cause, small have authority for making admissions in that cause. 16. The admission of every other agent, in any matter under his control as agent, shall be evidence. 17. We here several parties, have a joint interest, the common interest being proved, the admission of one is the admission of all, but the common interest, cannot be proved by the admission of one or more against those not joining in such admission. 18. All admissions must be taken altogether, the whole document of conversation must be given in evidence, and will be evidence of all qualifications, exceptions and denials contained therein, and of all facts connected with the question stated therein, but evidence may be given of the falsehood of any statements so made. But no document or conversation, can be made evidence by the other party proving any other document or conversation, not referred to, in the document or conversation, first proved. 19. No declaration of any party shall be evidence in his favor, except in the case provided for in the tenth section of the fourth chapter, in the cases provided for in the last section, and such other as may be provided for by law. 20. The directions given, or other words spoken by any person or persons, during the transaction of any matters, are not to be regarded as hearsay, or as the declarations of a party, they may be proved as facts. 21. The admissions or declarations of any person, under whom a party to a cause derives title, to any property in dispute, in such cause, touching such title or property, made, while the interest of such person in such property continues, shall have the same effect as if made by such party. 22. Printed histories, shall be evidence of notorious public historical facts. 23. Foreign laws are facts, and must be proved like other facts. 24. If a book, pamphlet, paper, painting, or drawing, engraving, etching of other article, shall be sold in an office or shop, where such articles are usually sold, the person for whose account the business of such office or shop is carried on, shall be presumed to have sold such book, pamphlet, paper, painting, drawing, engraving, etching, or other article, until he remove that presumption by contrary proof. 25. Every conversation to which any person was a party, or which was carried on in his presence or hearing, shall be evidence against him, subject to the qualification in the eighteenth section, (in this chapter,) and to the sound discretion of the jury in the application of this rule. 26. The possession of any property, is evidence of title thereto, until the contrary be shown. Where the actual possession of property is vacant, it shall be deemed to be in the possession of him, who may be the right owner. Yet he may wave this constructive possession and treat it as if in the possession of any other person, who may claim it. 27. All evidence must be relevant to the issue, that is, must have a tendency

to establish the truth or falsehood of the allegations, and denies of the parties. But in actions for the injuries enumerated in the fifty- ninth section of the first title, it shall be lawful to give evidence of any fact which has a tendency to explain the situation, circumstances or motives of the parties, in aggravation of mitigation of damages, although not properly relevant to the issue.

28. Evidence is divided, into written evidence and oral testimony.

CHAPTER XI.

Of Written Evidence

1. Written evidence, comprises judgments, verdicts, and other records, deeds, conveyances, wills, bonds, notes, agreements, entries in books, and other similar documents; it does not include depositions taken, to be used in a cause, although reduced to writing.

2. All verdicts, judgments, and other records, and all wills, and other documents, which have been recorded in pursuance of any law, and all documents, lawfully deposited in any public office, may be proven by producing copies of such documents or the records thereof, authenticated by the signature of the proper officer, and by his seal of office, if he be required by law to have one. The acts of any court required by law to have a seal, must be authenticated under such seal.

3. All other writings must be proved by the production of the originals, unless in the cases provided for in the ninth section of the last chapter, or in other laws.

4. The loss of documents, or its delivery to the other party, may be proved by the oath of a party to the cause, or other interested witness.

5. Hand-writing must be proved by the oath of a person acquainted with the hand-writing of the party, whose it is alleged to be, either from having seen him write, or corresponded, or transacted business with him; or it may be proved by comparison with undoubted writings of his, proved not to have been written after the dispute arose, or under other suspicious circumstances.

6. By suspicious circumstances, are meant any circumstances, likely to induce a party to deviate from his usual mode of writing, or to cause it to be changed involuntarily.

7. Acts of the Legislature, whether private or public, may be given in evidence from books printed by authority.

8. Foreign laws must in general be proved like other facts, but the printed laws of the United States, and of each of them, published by authority, shall be evidence.

9. The written laws of other countries, must be proved by copies attested in the most solemn manner usual in such countries; and proof must be given as to what is the most solemn manner used in such countries.

10. The judgments of foreign courts and foreign records, must be attested in a similar manner.

11. Acts of the Legislature and foreign laws, shall be admissible evidence against all persons whatsoever.

12. Verdicts and judgments, shall be admissible evidence against all parties thereto, and those claiming under them. They shall not generally be evidence against any other parties, except for the purpose of shewing their own existence.

13. Where a verdict or judgment, has been rendered against any person in consequence of any act or omission of another person, such verdict or judgment.

shall be evidence against such other person, in any action to which he may be a party, of the act or omission so happening; and also of the amount of the damages, and the costs recovered.

14. A verdict on which no judgment has been given, shall not be evidence. 15. A legal judgment shall be evidence, although not founded upon a verdict. 16. A foreign judgment is evidence, in the same manner as a domestic one, its existence having been first proved and also the existence of the law upon which it is founded. But no proof need be given of the law of nations. 17. A judgment of a foreign prize- court, is not conclusive evidence of any act whatever, but it is some evidence. 18. A foreign judgment in a case in which the defendant did not appear, although a party thereto, shall be no evidence against him. But if any person have appeared for his interest, it shall be evidence, unless he shows that the appearance was without his authority. 19. A verdict or judgment, shall be evidence against the party who succeeded in the original action, or those claiming under him, in favor of any person whatever, but it shall not be evidence against the party who failed in the original action, unless it would be also evidence against the party who produced it as evidence. 20. A verdict and judgment in ejectment shall be evidence, but not conclusive evidence of title, but two verdicts in actions between the same parties or those under whom they claim, in favor of the same side, shall be conclusive, unless it is shown that there has been a verdict and judgment the other way, and even in that case, three similar verdicts and judgments shall be final and conclusive. 21. Other verdicts, and judgments, and sentences and decrees of courts of competent jurisdiction, are final and conclusive evidence upon the same matter, and some evidence to prove any other fact which comes in question in another cause, which they may have any tendency to prove. 22. In all cases where the judgment of a court of limited jurisdiction, or a foreign court, is relied on in evidence, the jurisdiction of such court, must be proved to extend to the case in which the judgment was given. 23. A will regularly admitted to proof, by a court having jurisdiction to do so, is evidence against all mankind, unless in a proceeding instituted for the purpose of setting aside such will or the probate thereof. 24. Letters, testamentary, and of administration, may be read in evidence in all cases whatever, until they have been regularly revoked. 25. Deeds and other writings, shall be evidence against all parties to them, and shall also be evidence of the transfer of all titles or rights transferable by them, against all mankind. 26. A memorandum made by a deceased disinterested person, in the ordinary course of business, shall be evidence. 27. If a party desire to give in evidence any document, in possession of his adversary, he shall give him reasonable notice to produce it, and the court shall have authority to decide whether the notice is reasonable. But where the proceedings in the cause give notice that one party means to charge another with the possession of an instrument, no other notice shall be necessary. 28. When an instrument is produced under such a notice, the party who requires it, must prove the hand-writing of the party subscribing it, unless where the party producing it claim title under such deed or other instrument. 29. If the party to whom the notice has been given, to produce a deed or other instrument, neglect or refuse to do so, and do not prove that it is not in his power, he shall be taken to admit its authority, and its contents may be proved by a copy, or by the testimony of witnesses. 30. If the party to whom notice has been given, to produce a deed or other

instrument, prove that it is not in his power, the instrument may be proved by a copy, if there be one, or if there be no copy, by the testimony of witnesses.

31. If a party to a cause is fraudulently in possession of an instrument, which does not belong to him, no notice to produce it is necessary, and the contents may be proved without such notice.

32. If a deed or any document, which is wanted to be given in evidence, is not in the power of either party, the party wanting the same, may have a writ of summons directed to the person having custody thereof, requiring him to bring such deed or other document with him to court. Which writ may be enforced in the manner herein before provided for in the sixth section of the seventh chapter.

33. Either party may examine the other upon oath, as to whether any instrument or signature is in his hand-writing, either before or at the trial. If any party refuse or neglect to answer an interrogatory to that effect, it shall be considered an admission that it is his hand-writing.

34. If any party shall on such examination, deny that the hand-writing is his, and the instrument has the name of a subscribing witness, annexed to it, such witness must be produced, or his absence accounted for, by showing his death, or removal beyond the process of the court, or other fact rendering his attendance impracticable, and in that case it shall be necessary to prove both his hand-writing and that of the party. But if the instrument be produced under a notice, this section shall not apply to the case.

35. When an instrument has been produced under a notice, or the party has not denied on oath that the instrument or signature is his hand-writing, or when there is no subscribing witness, it shall be sufficient to prove the hand-writing of the party. But if reasonable notice has been given to prove the hand-writing of the subscribing witness as well as of the party it must be done. The court shall judge of the reasonableness of the notice.

36. A document more than thirty years old, which is proved to have been found in the possession of a person who may reasonably be supposed to have been possessed of it, supposing it to be genuine, and which is attended by no circumstance tending to throw suspicion over it, shall be deemed to prove itself. It shall be the right of the court, to expound all written evidence.

37. No testimony can be received to explain any instrument of writing, as to any doubt or ambiguity apparent on the face of it, but if in consequence of the introduction of testimony relative to persons, things or other matters mentioned in any instrument of writing, a doubt arises, such doubt may be cleared up by testimony.

38. No testimony shall be received, to prove that the terms of any written contract or other instrument were different from those therein stated, but testimony may be received to shew that an instrument is ficticious or fraudulent, and testimony may also be received to show that there was an additional consideration or other stipulation not inconsistent with the terms stated in the instrument.

CHAPTER XII.

Of Oral Testimony.

1. Oral testimony, is the detail given on oath by living witnesses, of their knowledge of facts.

2. It shall be the right of the court to decide on the competency or admissibility of oral testimony, and of the jury to judge of its credibility and effect.

3. All oral testimony shall be admissible, which is delivered by a competent witness, and from which the human mind can properly draw any inference, having a bearing on the case.

4. Every witness shall be considered as competent, who cannot clearly be shown to be incompetent. All objections not absolutely and directly going to competency, shall go to credibility only.

5. Every person shall be a competent witness who is not rendered incompetent, by defect of understanding, defect of religious belief, defect of moral character, through infancy, interest in the case, or relation to one of the parties.

6. No person shall be deemed an incompetent witness by reason of a defect of understanding, who is able to give an account of the nature and obligation of an oath. It shall be the duty of the court to examine all children under twelve years old, as to this matter, before administering an oath to them.

7. No person shall be deemed an incompetent witness by reason of a defect of religious belief, except one who does not believe in a future state of rewards and punishments.

8. No person shall be deemed an incompetent witness by reason of a defect of moral character, or through infancy, except one who has been convicted of perjury, or any crime specified in Part 1st, page 12 sec. 5.

9. No person shall be deemed an incompetent witness or account of an interest in the cause, except he be a party thereto, or bail, or otherwise security in the cause, for the party who calls him, or be answerable over to such party, or be responsible for the costs, or a part of them, or except the verdict or judgment can be given in evidence against him, or except he has an interest in the plaintiff’s claim, or other thing in dispute. If he can be shown to have an equal interest on both sides, he shall not be deemed disqualified on either.

10. No person shall be deemed incompetent on account of relationship to a party, except the relation be that of a husband and wife, or except the witness be under twelve years of age, and be the child of the party, or reside with him under his care.

11. The persons described in the exceptions in the last five sections, shall be deemed incompetent witnesses.

12. Where a witness is incompetent from interest in the cause, he may be called and examined by the party against whom he is interested. Where a witness is incompetent, from interest, because he is bail, or surety, another sufficient surety may be substituted, and the discharged, to restore his competency.

13. A party to the cause, shall not be called and examined as a witness at the trial, unless to prove his own hand-writing, or the loss or delivery of a paper, or in some other case specially provided for by law or by consent of all parties. But he may be examined on interrogatories in writing, filed in court, and a copy served on him, not less than ten days before the trial, and unless he file his answers in writing verified by oath, before the jury is affirmed, he shall be taken to admit the truth of all suggestions contrary to his interest, contained in the interrogatories. If he files answers, they and the interrogatories must be read to the jury. A party against whom interrogatories are filed, may within two days afterwards; file interrogatories, and serve a copy on the other party, which shall have the same effect as if they were served ten days before the trial; unless the court shall be of opinion, under the special circumstances of the case, that such effect would work injustice. The case may however, be postponed until such interrogatories are answered. If the court shall be of opinion that the answers to any interrogatories filed by any party, are defective or evasive, they may, in their discretion, require such party to be sworn in their presence, and examined as a witness at the trial, provided the other party agree thereto; and may permit the other party, to abstain from reading them.

14. The incompetency of a witness by means of a defect of understanding, must be proved by examination, by the court.

15. The incompetency of a witness by reason of a defect of religious belief, may be proved by the examination of the court, or by witnesses.

16. The incompetency of a witness by reason of a defect of moral character, must be proved by the record of his conviction, and by testimony of his identity.

17. The incompetency of a witness on account of interest, may be proved by his own oath, or in any other manner.

18. The incompetency of a witness on account of his relation to the party, may be proved by the oath of the witness, the oath of the party, or in any other manner. For that purpose a party may be examined at the trial.

19. The resourcing to any one mode of proof to establish the incompetency of a witness, shall not preclude the party from resorting to any other.

20. The incompetency of a witness who is incompetent from interest only, may be restored by releasing or assigning, or offering to release or assign his interest in the matter, which disqualifies him, or by the parties releasing their claims upon the witness, or by offering to do so, and the witness refusing their release.

21. An interest acquired by a witness to disqualify himself, shall not produce that effect.

22. A witness shall be compellable to answer every question which may be asked him, unless he will swear that his answers may subject him to punishment, other than a pecuniary fine, or unless he be the confidential agent of one of the parties in the case, and the question be one which such party himself, could not be compelled to answer, and the witness have no knowledge of the subject, but what is derived from the confidential communication of the party.

23. A witness must generally be examined in the presence of the court and jury, if possible.

24. Either party may at any time, if he is fearful of losing the testimony of a witness, cause the testimony of such witness to be taken and reduced to writing by a justice of the peace, either in the presence of the opposite party or his agent, or after having given reasonable notice of his intention to do so. The court shall decide what is reasonable notice, according to the circumstances of the case, which, however, shall be never less than twenty- four hours.

25. If a witness resides, or is out of the colony, and a party desires to obtain his testimony, he may file interrogatories in writing, and an application for a commission to some place to be named; naming his commissioner, and serve copies thereof on the opposite party; who shall thereupon within four days file cross interrogatories in writing, and name his commissioner; in default thereof, the commission shall issue to the commissioner of the first applicant, and shall be forwarded without cross- interrogatories. A commission may by consent be issued to one commissioner.

26. It shall be the duty of any commissioners, appointed under the last section, to reduce to writing the depositions and answers on oath of all witnesses who may appear before them, and send them carefully sealed up, to the court.

27. It the witness reside in a country, where the execution of commissions is not allowed, the court may send interrogatories and cross- interrogatories, with a letter rogatory, addressed to the proper authority, requesting such authority to take the depositions and answers of the witnesses.

28. Depositions taken out of court, can only be used when the witness cannot be produced in court.

29. Leading questions, that is, such as instruct the witness how to answer, shall not be asked.

30. A witness shall depose to such facts on y, as are within his own knowl- edge and recollection.

31. A witness may refresh his memory by reference to a written memorandum in the light of himself, or made by another, and examined by himself, while the witnesses mentioned therein were still recent.

32. A witness shall only depose to facts, not to opinions, except in cases of science, or peculiar knowledge which he may possess, from his peculiar situation, occupation, or pursuits; and except in questions of general character.

33. On cross-examinations, leading questions may be put.

34. A witness may be cross-examined as to all matters touching the cause, or likely to incriminate himself; but he shall not be asked irrelevant or hyperbolical questions, for the mere purpose of entrapping him.

35. The credibility of a witness, may be impeached, by giving of his general character, or by showing his conviction of particular crimes, producing the record of conviction; but not by proving particular allegations, not before that time judicially established.

36. The credibility of a witness, may be impeached by showing that he has contradicted himself, either in or out of the court.

37. When the testimony of a witness, is attempted to be impeached, his former statements may be given in evidence to corroborate his testimony. This rule does not apply to a witness who is also a party.

38. A party shall not impeach the credibility of his own witness, who is not also a party, although he may contradict him, by the testimony of other witnesses, or by documentary evidence.

39. The court or the jury may, for their own satisfaction, inquire into the credibility of the witnesses on either side.

CHAPTER XIII.

Of Oaths and Affirmations.

1. Parties in action, where an oath is required of them, and witnesses, shall be sworn in the manner hereinafter directed, unless where the court shall be satisfied that the person is conscientiously scrupulous of taking an oath on any occasion; in which case his solemn promise or affirmation shall be substituted for an oath.

2. Jurymen, triors, appraisers, commissioners, interpreters, who are civilized men, and all other persons who are presumed to be selected on account, in part, of respectability of character, shall only be required to give a solemn promise or affirmation that they will perform their respective duties.

3. When it is necessary to employ an uncivilized man, to interpret a language spoken by uncivilized men, he must be sworn. All natives of Africa, who are not Christians, Jews, or Mahomedans, are to be considered uncivilized.

4. The manner of administering an oath to all persons, shall be such as those of the religious persuasion, profession, or denomination, of which such person is one, generally esteem the most effectual confirmation, by the attestation of the Divine Being; and all persons holding it unlawful to take an oath on any occasion, shall be allowed to make their solemn promise or affirmation, to be of the same avail as an oath, in all cases whatever, the court being satisfied of the reality of their scruples.

5. Oaths shall be in the following form, unless where a different one is required, by the principles of the last section: You do solemnly promise and swear, in the presence of the Omniscient, and heart-searching God, that [here insert

the subsiance of the promise, as you will answer the same to the Great Judge of quick and dead; to which the person sworn shall assert, putting his right hand on the book and kissing it.

6. The form of a solemn promise or affirmation shall be: “You do solemnly and sincerely promise and affirm, that” [here insert the subsiance of the promise.

7. The oath or affirmation of a witness shall be—that the evidence, which he shall give to the court and jury, in the matter now depending before them, shall be the truth, the whole truth, and nothing but the truth! Where the evidence is to the court alone, the words and jury shall be omitted.

8. Where the witness is a party, or only examined to ascertain his compe- tency, the oath or affirmation shall be—that he shall true answer make to all such questions as shall be asked him by the court or its authority.

9. The promise of a juryman impanelled to try a question of fact, other than the amount of a debt, or of damages, shall be—that he will well and truly try the issues joined between A. B. plaintiff, and C. D., defendant, and a true verdict give, according to the evidence. If there is but one issue, that word shall be in the singular.

10. The promise of a juryman impanelled to ascertain the amount of a debt, after an imperfect judgment, shall be—that he will well and truly try and assess the debt, due by the defendant to the plaintiff.

11. The promise of a juryman impanelled to ascertain the amount of debt or damages, after an imperfect judgment, shall be—that he will well and truly try and assess the debt due by the defendant to the plaintiff, in the action in which A. B. is plaintiff, and C. D. is defendant, except in an action other than one of debt, the words “damages sustained by the plaintiff,” shall be substituted for the words “debt due from the defendant to the plaintiff.”

12. The promise of a juryman impanelled to ascertain the value of goods in respect to the goods in question in an action of relief, wherein A. B. is plaintiff and C. D. defendant.

13. The whole jury may be affirmed at once.

14. The court may combine or otherwise accommodate the preceding forms of the promise of a juryman, to suit the peculiar circumstances of particular cases.

15. The promise of a trio shall be—that he will well and truly try whether A. B. stands indifferent between the parties in the cause now depending before the court.

16. The promise of an appraiser, shall be—that he will well and truly value and appraise, all articles which he shall be required to value and appraise, during the present service, according to the best of his skill and knowledge.

17. The promise of a commissioner to take testimony, shall be—that he will, according to the best of his skill and knowledge, truly, faithfully, and without partiality to any person, take the examinations and depositions of all and every witness produced and examined before him. In cases of commissions to be executed out of the colony, it shall be sufficient for the commissioners to subscribe this promise.

18. The promise of a clerk to a commissioner, where there is one, shall be—that he will truly, faithfully, and without partiality, take, write down, and transcribe, the depositions and examinations of all and every witness examined, before the commissioners named in the annexed commission, so far forth as he is directed and employed by the said commissioners, or any of them, so to do. In cases of commissions, executed out of the colony, it shall be sufficient either for the clerk to subscribe this promise, or for the commissioners to certify that he was duly affirmed.

19. The promise of a commissioner of bail, shall be—that he will truly, faithfully, and without partiality, execute the office of commissioner of bail.

20. The promise of an interpreter, shall be—that he will truly, faithfully, without partiality, and to the best of his skill and ability, perform the duty of an interpreter in the cause now depending before the court.

CHAPTER XIV.

Of certain incidental Proceedings.

1. Where goods have been replevied; or goods or other property, taken out of the possession of the defendant, under the provision of the thirty-fifth section of the second chapter; it shall be lawful, for the defendant to move for a return of such goods or other property; and the court shall proceed, without the aid of a jury, to hear such motion, after reasonable notice to the parties, of the time of hearing; and if it shall appear to the court on examining witnesses or other evidence, that the defendant in replevin, did not acquire possession of the goods replevied by force or fraud, or that the plaintiff in specific performance or enforcement, is not entitled to the possession of the property under the contract, sought to be enforced in the action, the court may order a return of the property, without prejudice to the final decision of the cause.

2. Whenever goods taken in replevin, are returned under the last section, the defendant shall give security, to be approved by the court, that he will return the goods to the plaintiff, if the court shall so direct.

3. Whenever goods shall have been attached, which are of a perishable nature, or expensive to keep, the court, or any judge thereof, may, on the application of any party interested, order a sale of such goods, and a writ of sale to be issued.

4. Whenever an answer, verified by oath, is filed in injunction, the defendant may move for a dissolution of the injunction, and the court shall fix a day for the hearing of the same, giving reasonable notice thereof. It shall be heard in a summary way, without a jury, and the court may dissolve the injunction, without prejudice to the final decision of the cause.

5. Whenever a party shall die, or assign his property for the benefit of his creditors, his legal representatives shall be made a party in his stead; and if such legal representative will not voluntarily appear, and prosecute or defend the cause, the other party may issue a summons for such legal representative, and if necessary, a re-summons; and on a return of summonsed, or any return to a re-summons, if such legal representative still refuse or neglect to appear, judgment by default may be entered against him. Any person may inform the court of the death of a party. The provisions of this section, shall not extend to actions for personal injuries, nor to cases in which, by the death of one of several co-parties, his interest in the matter in dispute, in the cause passes to his co-parties. When the action for a personal injury, is by or against a man in respect of personal injury, committed by or against his wife, the action will survive to or against his wife, and she may be made a party in the place of her husband, either voluntarily, or in the manner above directed.

CHAPTER XV.

Of Arbitrations and Awards.

1. It shall be lawful for the parties in any action, at any time before verdict or judgment, or for any persons having a dispute, not yet made the subject of an action, to apply for a rule of court, to refer such action or dispute to a tribunals, which rule shall be made, if the court are satisfied that all the parties concerned have consented.

2. The arbitrators named in the rule, may be one, two, or three in number, if two, they shall have power to choose a third.

3. Arbitrators appointed by rule of court, shall have the same authority to summon witnesses, examine them, and administer oaths and affirmations, as the court, making such rule. They may also direct the clerk of such court, to issue commissions to take testimony to be used before them, and may enforce their summons, and compel the answers of witnesses, by writ of arrest and lien, associating with themselves, for these purposes only, a justice of the peace, who shall sign such writs and orders for fine. Such fines may be enforced by action of debt, in the name of the colony, unless paid without compulsion.

4. Arbitrators may dispose of all questions of costs of the action or arbitration, as incident to their authority, and may make any award where the court can enforce by a judgment.

5. The award must be in writing, and signed by the arbitrators, or a majority of them.

6. The award shall be evidence of all facts stated in it, against all the parties to the arbitration, and shall be conclusive, after a judgment shall have been entered upon it. It shall then be equal to a verdict.

7. Every thing shall be presumed to support the award, until the contrary be proved.

8. No judgment shall be entered on an award, until four days after the party against whom it is rendered, has been served with a copy thereof.

9. Either party to an award, may file his objection in writing, at any time before a judgment is rendered thereon.

10. The objections may be, either corruption in the arbitrators, gross partiality, want of notice of the time and place of proceeding, or error in law, apparent on the face of the award. In all cases except in the last, the objection must be verified by affidavit.

11. The court shall appoint an early day for hearing such objections, giving reasonable notice to the parties; they shall be heard in a summary way, without a jury, and decided by the court upon the evidence adduced. The court may either confirm the award, or set it aside, as they may deem just; and, if they set it aside, may send it back to the same or other arbitrators, with or without instructions; or may cause the case to be tried by a jury.

12. Whenever a case shall present complicated accounts, not fitted to be unraveled by a jury, the court may, without consent, refer them to arbitrators as aforesaid; but in such cases, the award shall state the particulars of the account on both sides, and whether allowed or rejected by the arbitrators; and either party may except to the allowing or rejecting any item; which exceptions, if required, shall be tried by a jury.

13. The court shall in such case give such judgment, as may be proper, taking into view both the award and finding of the jury.

14. If no objections or exceptions, are filed to an award, it shall be confirmed of course.

15. Whenever an award is confirmed, final judgment shall be rendered there on, as soon as may be.

16. Any person may refer any dispute between them to arbitration, in any manner they may think proper; but unless it be done agreeably to the previous provisions of this chapter, the award shall not be the foundation of a judgment, without a new action. Such reference shall be irrevocable, unless by consent of both parties.

17. A. action of debt, shall lie on an award for the payment of money only. A. action of contract or specific performance, on any other award.

In any action brought upon an award, every thing shall be presumed in of the award, the reference and the signatures of the arbitrators, being proved, and the award shall be evidence of all facts stated in it, although to be contradicted by other evidence.

An award not made in pursuance of a rule of court, shall in all cases be the one of the existence, the reference and signatures of the arbitrators, first proved, and in all cases every thing shall be presumed to support it. It will be some evidence of facts stated in it against the party in whose case it is given, and also against the other party, in a contest between them, though liable to be contradicted by other evidence.

CHAPTER XVI.

Of imperfect Judgments and Proceedings after them towards final Judgment

1. An imperfect judgment, is given when the court, although they see from the proceedings, that one party is entitled to succeed in the case, are not yet informed as to the extent of his right of recovery.

2. Imperfect judgments, are either by default, by confession, or on questions of law, or after an imperfect verdict.

3. Judgments by default, are given in the case provided for in the second chapter, or other parts of this abstract; and whenever a party formally abandons his claim or defence, and refuses to prosecute his case, or to resist the claim of his adversary before a jury is affirmed; after the jury is affirmed there must be a verdict. A plaintiff may, before the jury is affirmed, abandon his claim, reserving, expressly his right to renew his action.

4. Judgments by confession are, where either party confesses that the other is right, and that he is wrong. If the confession stops there, the judgment must be imperfect, but the parties may go on and ascertain the debt or damages, and costs also by confession, and in that case a final judgment shall at once be given.

5. Judgments on questions of law, are given when any action has been decided by the court without a jury, either because the case presented no questions of fact, or because it turned solely upon the existence of a record.

6. Judgments after an imperfect verdict, are given either after a special verdict, in which the jury have neglected to find the debt or damages, or the jury shall have reported their opinions as to the amount of debt or damages to the court, under the provision of the twelfth section of the ninth chapter; and also in all actions of special performance.

7. The form of an imperfect judgment, except in injunction, shall always be “The court adjudge that the plaintiff is [or is not] entitled to recover.”

8. The form an imperfect judgment in injunction may be either “The court adjudges that the injunction ought to be made perpetual,” or “The court adjudges that the injunction ought to be dissolved.” If the injunction have been once dissolved on motion, and the court on the final trial should think that it ought to be renewed, the imperfect judgment may be—”The court adjudges

that the injunction ought to be renewed and made perpetual. If the court shall in any way modify the original injunction, they may modify the imperfect judgment to suit the circumstances of the case.

9. In case of an imperfect judgment for the plaintiff, in an action of debt, in which there is a written instrument or instruments, ascertaining the amount of the debt, or in an action of replevin, where the goods, at the time of the imperfect judgment, are in the hands of the plaintiff, it shall be the duty of the court to ascertain the debt or damages to be recovered from the defendant.

10. In all other actions of debt or replevin, and in all actions of contract or damages, it shall be the duty of the court, except in the cases hereinafter otherwise provided for, to cause a jury to ascertain the debt or damages.

11. In all actions of replevin, where the goods are in the hands of the plaintiff, and the judgment is for the defendant, the court shall cause a jury to inquire into the value of the goods, if the defendant demand such equity, or by consent of parties, the court may ascertain such value themselves.

12. In all cases whatever, it shall be the duty of the court to ascertain the costs, and consequently to complete all judgments for the defendants.

13. In actions of specific performance and injunction, where the plaintiff has recovered, it is the duty of the court to ascertain what is the injunction which ought to be made perpetual, or to what specific performance the plaintiff is entitled; as well as to ascertain the costs, and consequently to complete all judgments in these actions.

14. As there are ordinarily no damages in ejectment, it is the duty of the court to complete all judgments in that action, except in the case provided for in the next section.

15. It shall be lawful for a plaintiff in ejectment, who has succeeded in obtaining a verdict or an imperfect judgment, to file a petition to the court, praying that he may have judgment for the damages he has sustained by the detention of his land; and the court giving reasonable notice to the other party, shall cause a jury to inquire into the extent of such damages, and complete the judgment accordingly. The provisions of this section, shall not be deemed to apply to ejectments, brought for lands forfeited, or non- payment of rent. In such cases the plaintiff can have no damages.

16. In actions of enforcement, the court shall complete the judgment, ascertaining the costs, and doing whatever else is necessary for that purpose. An action of enforcement, is only necessary where a judgment has stood without execution, two years, or a party has died.

17. In imperfect judgments, after an imperfect verdict, the court may either ascertain the debt or damages themselves, or, on the demand of either party, it may be done by a jury; but if such jury cannot agree, the amount of the debt or damages shall be settled by the court.

18. Whenever the services of a jury are necessary, or required to complete an imperfect judgment, the court shall add to such imperfect judgment, an order for their attendance.

19. The court may, by consent of parties, ascertain the debt or damages, and complete imperfect judgments in all cases.

CHAPTER XVII.

Of final Judgments.

I As soon as a perfect verdict is rendered, or an imperfect judgment completed, the court shall proceed to render a final judgment.

2. The form of a final judgment is debt for the plaintiff shall be- The court adjudges that the plaintiff recover from the defendant the sum of- for his debt, and the sum of- for his costs in this action. Interest, when allowed, shall be computed as part of the debt.

3. The form of a final judgment for the plaintiff in specific performance, shall be- The court adjudges [here insert the substance of the judgment] and that the plaintiff recover from the defendant the sum of- for his costs in this action.

4. The form of a final judgment for the plaintiff in an action of contract or damages, shall be- The court adjudges that the plaintiff shall recover from the defendant the sum of- for his damages, and the sum of- for his costs in this action.

5. The form of a final judgment for a plaintiff in injunction, shall be- The court adjudges that the defendant be forever injured and prohibited from [here insert the substance of the injunction,] and that the plaintiff recover against the defendant the sum of- for his costs in this action.

6. The form of a final judgment for the plaintiff, when he is in possession of the goods in replevin, shall be- that the plaintiff hold the goods without being liable to be disturbed by any future replevin, and also recover against the defendant the sum of- for his costs in this action.

7. The form of a final judgment for the plaintiff in replevin, when the goods are in the defendant’s possession, shall be- The court adjudges that the defendant return the goods to the plaintiff, or pay him the sum of- for his damages; and that the plaintiff hold the goods, if returned, without being liable to be disturbed by any future replevin; and recover against the defendant the sum of- for his costs in this action.

8. The form of a final judgment for the plaintiff in ejectment, shall be- The court adjudges that the plaintiff shall recover against the defendant, the lands mentioned in the complaint, and the sum of- for his costs in this action. When all the lands mentioned in the complaint are not recovered, the judgment shall describe the lands recovered, and add the words ‘part of’ before the words ‘the lands.’

9. Where damages have been ascertained in ejectment, under the provisions of the fourteenth section of the last chapter, the court shall insert in their judgment, after the word ‘complaint,’ the words ‘and the sum of- for his damages.’

10. The form of a final judgment in enforcement shall be- The court adjudges that the plaintiff may have execution against the defendant, of the judgment mentioned in the complaint, and shall recover against him the sum of- for his costs in this action.

11. Whenever the interval between the ascertainment of the debt or damages and the rendition of the final judgment shall be so great that the interest on the debt or damages shall exceed two dollars, the court may ascertain the amount of such interest, and may, in their discretion, insert in the judgment, after the word ‘debt,’ or ‘damages,’ as the case may be, the words ‘and the sum of- for additional debt,’ or additional damages, as the case may be.

12. The form of a final judgment for a defendant shall be- The court adjudges that the complaint of the plaintiff be dismissed, and that the defendant recover against the plaintiff the sum of- for his costs in this action.

13. If the action be injunction, and the injunction be not dissolved before the final judgment, the words ‘and that the injunction be dissolved’ shall be added after the word ‘dismissed.’

14. If the judgment for the defendant be a replevin, and the goods are in possession of the plaintiff, they may add at the end of the judgment, ‘and that the plaintiff return the goods to the defendant, who shall hold the same, without being liable to be disturbed by any future replevin, or pay him the sum of

— for the value thereof, as found by the jury, as his election.’

15. If there has been no ascertainment of the value of the goods, so much of the judgment in the last section as relates to the value shall be omitted.

16. If the judgment for the defendant be in replevin, and the goods be in possession of the defendant, the court shall add at the end of the judgment in the last section but one, and the defendant shall hold the goods, without being liable to be disturbed by any future replevin.

17. The court may alter any of the preceding forms, so as to accommodate it to the peculiar circumstances of a particular case.

18. All final judgments shall carry interest from the day of their rendition, of which it shall be the duty of the clerk of the court to keep a memorandum. The interest shall be computed upon all sums mentioned in the judgment, whether debt or additional debt, damages or additional damages, or costs.

19. The court, or jury, or arbitrators, shall, in all cases, compute interest at such rate as they may deem proper, not exceeding six per cent, unless there shall be a special written agreement for a higher rate, not exceeding twelve per cent, a special written agreement for a rate of interest greater than twelve per cent, per annum shall be rejected, and interest computed at a rate not exceeding six per cent. Interest on judgments shall be computed at the rate of six per cent, per annum, except in cases where a higher rate upon the original contract, not exceeding twelve per cent, shall have been agreed upon in writing, and the court shall positively direct in the judgment that it shall bear interest at such high rate, and in the case provided for in the next section.

20. Where an appeal shall be taken from any judgment, and such judgment is affirmed, it shall be lawful for the court to which the appeal is taken, in affirming such judgment, to direct, in their discretion, interest thereon, to be calculated at a rate of interest not exceeding twelve per cent, where the judgment bears a lower interest than eight per cent, and in no case exceeding fifteen per cent.

CHAPTER XVIII.

Of Execution.

1. Immediately after the entering of the final judgment, the successful party may demand a writ or execution. But if either party to the judgment have died, leaving no surviving plaintiff or defendant, as the case may be, or if the judgment be of two years standing, no execution shall issue without an action of enforcement.

2. A writ of execution shall be directed to the sheriff, commanding him to seize and expose to sale, the lands, goods, and chattels of the party against whom the judgment has been rendered, until he has raised the sum of money named in the judgment, and interest; and if he cannot find any lands goods, or chattels, of the said party, to arrest him, and bring him before the court, or some judge thereof, to be delt with according to law, unless he pays to the said sheriff the said sum of money, and interest, or shews him property, to seize and sell for the same; and when the money is raised, or paid, to pay the same over to the party entitled to receive the same, and to make known to the court how he has executed the said writ, upon a day to be therein named. Any person may, at any time, issue an attachment in enforcement, instead of an execution.

3. The sheriff shall literally execute the commands of the writ of execution, and shall cause an appraisement and schedule of all property seized by him, to be made, as in the case of attachment, and annexed to the writ.

4. The sheriff may return to the said writ, either that he has made the mon- ey, and paid to over to the person entitled to receive it; or that he has it in court, ready to pay over; or that he has seized the property mentioned in the annexed schedule, and that it remains in his hands, for wait of buyers; or that he has arrested the party named in the writ, and now has him in court; or that he arrested him and he was discharged by such an authority; or that he cannot find the party, or any land, goods, or chattels of his.

5. Where the sheriff returns to a writ of execution, that he has property on hand, for wait of buyers; or where there is property in the hands of the sheriff, taken under an attachment, in the same case, a writ of sale may issue, commencing the sheriff to sell said property, and pay over the proceeds to the party entitled to receive them; or if property has been previously sold and the proceeds are in court, they may be paid over by an order of court.

6. When a sheriff goes out of office, or dies it shall be his duty or that of his representatives, to hand over to his successor, all property in his hands under execution or attachment, and the new sheriff, shall in each case file a statement or schedule of the property so handed over to him, and as to all such property the writ of sale shall go to the new sheriff.

7. The party may, giving reasonable notice to the old sheriff, or his representatives, move the court for a judgment against such sheriff or his representatives, for the value of any property not handed over, and the court may enter such judgment in a summary way, without formal proceedings, regarding it as a judgment in an action of damages. A jury shall not be necessary, but the court may ascertain the damages by comparing the two schedules. A similar proceeding may take place, whenever the sheriff shall refuse or neglect to pay over money, or deliver over property which he ought to pay or deliver over as sheriff.

8. Where an attachment has been laid in the hands of a garnishee, who has appeared and defended the case, or where an attachment has been laid in the hands of a garnishee, and neither the defendant nor the garnishee appears, there shall be a final judgment against the garnishee; a judgment by default having been first entered in the last case, and on such final judgment an execution may issue against such garnishee for the amount so attached in his hands. But if the garnishee appears and defend the case, he may demand that the jury inquire into the value of the debt due from him to the defendant or of the property of the defendant in his hands, and if it be less than the sum attached in his hands, the judgment shall be for no more than the jury find, and if it be property, he shall not be obliged to purchase it at the valuation of the jury, but may prevent an execution, by delivering up to the sheriff the specified articles, which he may require the jury to find, and which shall then be sold by writ of sale, the sheriff having first filed a schedule of them.

9. When the defendant has appeared, there shall be no judgment against the garnishee, until after a proceeding similar to that directed against a sheriff in the seventh section; in which however, the garnishee may demand a jury, and such proceedings by and before them, may be had as are directed in the eighth section, and the party may relieve himself from execution in the manner provided for in the eighth section; but the proceedings and judgment, if one is rendered, shall in all other respects, be regulated by the seventh section.

10. Whenever property in the hands of the sheriff, on account of its perishable or expensive nature, or for any other legal reason, is ordered to be sold, a writ of sale, shall be issued.

11. If property against which a writ of sale has been issued, is not sold in pursuance of the first writ of sale, other writs of sale may be issued until it is sold.

12. If a sheriff neglects his duty under a writ of execution or sale, an action of damages may be maintained against him.

13. Every sheriff, to whom a writ of execution or sale has been directed, shall have authority, and it shall be his duty to put the purchaser or purchasers of any property moveable or fixed, sold by virtue of such writ, in possession of such property, if the sheriff himself or the person against whom the writ was issued, is in possession of the same. It shall also be his duty and he shall have authority to execute all instruments of writing or other evidence of title, which may be necessary or proper for the security of such purchaser or purchasers.

14. Whenever a plaintiff shall recover in ejectment or replevin, the goods in the latter case being in the possession of the defendant, he may in his discretion obtain a writ of possession, directing the sheriff to deliver to him such lands or goods, which writ is, shall be the duty of the sheriff to execute.

15. The purchaser of lands or goods at sheriff’s sale, may have a writ of possession, requiring the sheriff to deliver such lands or goods to him, upon showing sufficient evidence of his title, and that the land or goods were in possession of the sheriff or of the party, as whose property they were sold. All of which matters the court may inquire into in a summary way, without a jury, giving such notice as they may deem reasonable to the parties in possession.

16. Judgments in injunction and specific performance, may be enforced by writ of arrest, bringing the defendant before the court. On his appearance, the court may punish him by fine, or otherwise in their discretion, and may repeat the proceedings until the object is attained.

17. When property has been attained as per schedule, at the commencement of proceedings, and the attachment has not been dissolved, but the property remains in the hands of the sheriff, as security for the judgment; or where mortgaged, or pledged property, has so been attached, and so remains, a writ of sale shall issue in place of an execution, and such attached property shall be sold under the same. But if the attached property, do not produce sufficient to discharge the judgment, a writ of execution may afterwards be issued, for the amount deficient.

CHAPTER XIX

Of Insolvency.

1. Insolvency is the condition of a man, whose property is not sufficient to pay his debts.

2. Whenever a man is insolvent, all conveyances assignments, transfers and deliveries of his property, shall be void and of no effect, but, conveyances, assignments, transfers, and deliveries of his property, made ninety days before his assignment for the general benefit of his creditors, as hereinafter provided for, to persons ignorant of his insolvency, shall be valid. It shall be presumed that every man is insolvent, for ninety days before he applies for permission to assign his property, for the general benefit of his creditors. Before that time his acts are valid, unless his insolvency can be proved.

3. Every person arrested on a writ of execution, or a writ of arrest, for debt, contract, or damages, not for personal injuries, shall be at liberty to declare himself insolvent, and apply for leave to assign his property for the general benefit of his creditors.

4. The application must be made to the court issuing the writ of execution, or to some judge thereof, and it shall be the duty of the sheriff to take such person before the said court or judge, as soon as he is required so to do.

5. The court or judge, shall require the applicant to file a schedule of all his money and other property, and of all debts due to, or from, him, as far as he can ascertain them, and to satisfy the same by his oath.

6. The court or judge, shall then appoint some person to take charge of the property, who shall immediately call a meeting of the creditors, at least a true to act for their benefit. In such a situation, every person shall for each twenty dollars of debt due him, be entitled to one vote. Creditors for less than twenty dollars, shall be entitled to a vote each.

7. As soon as the trustee so elected, has given security before the court or judge, all the property, whether real or personal, of the insolvent, shall by operation of law, be vested in him, as if the insolvent were dead, and he were his administrator, and he shall proceed to take possession of all his property, and so administer the estate in the same manner as an administrator, except that he shall make no difference between real and personal property, and shall account for his proceedings in the same manner, and to the same authority. The trustee shall, as much as possible, be likened to an administrator in his duties, rights, remedies and liabilities, in the manner of proceeding against him, and the causes for which proceeding may be had, in all respects whatever.

8. The court or judge shall, on the insolvent filing the schedule required in the fifth section, require him to take an oath that he will disclose any property or debts not mentioned in his schedule, which he may hereafter discover, and that he has not secreted any thing belonging to him, and has not in expectation of making that application, done any act to diminish his estate or injure his creditors, or prevent them or any of them, from recovering their just proportion of his property.

9. The court or judge shall require the insolvent to give security, that he will appear when called upon, to answer any allegations or interrogatories which may be filed against him.

10. The court or judge may then discharge the insolvent from arrest, and from all future arrest or any debt he may owe, or actions to which he may be liable at that time. But such discharge shall not extend to any execution, or other writ, founded on an action of damages for an injury to the person, reputation or domestic relations of any person, except the particular execution upon which the defendant is arrested.

11. When an insolvent is arrested upon an execution, founded on an action of damages to the person, or domestic relations of another, he shall proceed in all respects in the same manner as if arrested upon an execution, founded on a judgment in any other action, but the court or judge shall not discharge him unless he has suffered imprisonment, in the discretion of such court or judge, who shall be guided in the extent of the imprisonment, by the amount of the damages, allowing for any imprisonment he may have suffered, under a writ of arrest or execution in the same action.

12. Every creditor or an insolvent, may file at any time within one year of his discharge, before the court discharges him, allegations of fraud, committed either in contracting the debt due to such creditor, or in the application for permission to assign.

13. Every concealment of money, or other property or debts due to the insolvent, every conveyance, assignment, transfer or delivery of any money, property, or effects, to any person, whatsoever, made without consideration, shall be deemed a fraud.

14. Every conveyance, assignment, transfer or delivery, of any property or effects, to any creditor of the insolvent, in payment or diminution of his debt, within ninety days before his application, or at a greater distance of time, with a knowledge of existing insolvency, or with a view of an application, shall

be deemed a fraud, and every such transaction, at any time, with intent to hinder, delay, or defeat his creditors, shall also be deemed a fraud.

15. Every transaction fraudulently, within the meaning of the last two sections, or otherwise, shall be void, as against the trustee.

16. The trustee, or any creditor may examine the insolvent on interrogatories, as to all such transactions, or any other matter connected with his insolvency, and his answers reduced to writing, and verified by oath, shall be evidence against him and against all other persons claiming under him, or interested in any transaction, which is pronounced a fraud by the thirteenth and fourteenth sections.

17. Every insolvent convicted of fraud in the contracting a debt, or in his application as aforesaid, shall be imprisoned in the discretion of the court.

18. Every defendant arrested as a writ of arrest, only to secure his appearance in any case, not an action of damages, for an injury to the person, reputation, or domestic relations of another, may proceed in all respects, as if he had been arrested on a writ of execution, and may be discharged in the same manner, and on the same condition, and subject to all the same proceedings and other consequences, and shall then be entitled to appear in the action without bail. Nothing in this section contained, shall apply to any action of injunction.

19. Every insolvent may retain one debt, one title, two clerks, cooking utensils and so much wearing apparel and other articles privileged from execution as may be absolutely necessary for the present use of the said individual and his family and the title thereto shall not vest in his trustee agreeable to the previous provision on this subject: Provided, that a schedule of articles so retained, verified by oath, be produced to the court or judge discharging such insolvent, and filed, and such court or judge may require the articles mentioned in such schedule to be produced, and cause them to be appraised, and may order such of them as such court or jury may deem unnecessary, unreasonable, or not to come under the description of privileged articles, to be delivered up for the benefit of the creditors; or such court or judge may allow the insolvent to retain them, becoming debtor to his trustee for the appraisement. This however, to be regarded as an indulgence in the discretion of the court or judge, who shall also have power to determine the length of the credit.

20. Every insolvent may retain so many mechanical tools and agricultural implements as may be absolutely necessary for the present use of the said individual, filing a schedule of them, verified by oath, and procuring them to be appraised under an order from the court or judge discharging; but such insolvent shall be regarded as a debtor to his trustee for the amount of the appraisement. The debt to be paid at the time prescribed by the court or judge. Every insolvent may refuse to take his tools at the appraisement, either before or after the appraisement is made.

21. Every schedule, appraisement, petition or other paper produced before a single judge, in a case of insolvency, or made by order of such judge, shall be filed with the clerk of the court of which such judge is a member.

22. Whenever any person shall have applied for permission to assign his property for the benefit of his creditors, and a trustee shall have been appointed and given bond in the manner herein before provided for, it shall be the duty of the court or judge approving such bond, to cause the same to be transmitted to the clerk of such court, and every clerk of such court shall forthwith record all the papers touching such application and appointment, including said bond, in a book to be kept for that purpose, and shall transmit the original papers to the authority to whom such trustee is bound to render an account agreeable to the foregoing provisions of this chapter: who shall retain the same, and summon the trustee as often as may be deemed proper, to render an account to his trust; and shall keep a docket or list of all such cases, containing the names

of the insolvent, the trustee, and of the persons who gave security, and also the amount of the bond.

CHAPTER XX.

Of Appeals.

1. Every person against whom any judgment is rendered shall be entitled to appeal from any decision or opinion of any court, except such court of appeals.

2. There shall be no appeal from any verdict of a jury, in any question of mere fact, except to the court in which the case was tried, for the purpose of setting aside the verdict in the manner herein before provided for.

3. It shall be the duty of the party, who intends to appeal from any opinion or decision of a court, which does not appear upon the face of the ordinary proceedings in the case, to cause such opinions or decisions, with the evidence and prayer or motion upon which it is founded, to be reduced into writing and signed by the judge or judges on the day, on which such opinion or decision is pronounced.

4. The writing required by the last section, shall be called a bill of exceptions, and shall be annexed to the ordinary record, and considered as a part of it.

5. It shall be the duty of the clerk of the court from which an appeal is taken, to make up a record containing all the writs, returns, complaints, answers, replies, verdicts, bills of exceptions, judgments and other proceedings in the cause, and to transmit such record to the court to which the appeal is taken.

6. Every appeal must be taken within sixty days, after final judgment.

7. Every party taking an appeal shall be called appellant, and the party against whom it is taken, appellee.

8. Every appellant must give security, to be approved by the court, that he will indemnify the appellee from all injury arising from the appeal, and will comply with the judgment of the court to which the appeal is taken, or any other to which the cause may be removed, or his appeal shall be dismissed.

9. An action of contract, shall be against the sureties so given, in which the measure of damages shall be the final judgment in the original cause, and interest or other damages arising from delay, to be computed as the appellate court may direct.

10. The court to which the appeal may be taken shall examine the matter in dispute, upon the record only, they shall receive no additional evidence, and they shall reverse no judgment for any default of form, or for any matter to which the attention of the court below shall not appear to have been called, either by some bill of exceptions, or other part of the record.

11. It shall be the duty of every court, to which an appeal is taken, if the judgment of the first court is reversed, to give such judgment as that court ought to have given, and to ascertain the costs incurred since the first judgment, and to give judgment for them also.

12. When any superior or appellate court, shall reverse any final judgment, and it shall appear to them upon the record that the plaintiff, or the defendant,

in replevin, in a case where the goods replevied are in possession of the defend- ant, is entitled to recover, and it shall not appear by the record, what sum such party ought to recover, they may proceed to give an imperfect judgment in favor of such party, and by consent of parties, ascertain what ought to be the final judgment, and render such judgment; or if the parties will not consent to such ascertainment, shall order an ascertainment by a jury, at the bar of the court below, of the amount of the debt or damages, or the value of the property replevied, as the case may be, and direct such inferior court, to give final judgment upon such inquiry. If the action be brought to recover a liquidated sum, ascertained by an instrument of writing, signed by the party against whom the imperfect judgment is given, or if the case be one in which the court below, might have ascertained the damages without a jury, such superior or appellate court may assess the debt or damages and give final judgment without the consent of parties.

13. Where it does not appear to the appellate court by the record, on account of the mixture of questions of law and fact, for which party the judgement ought to be given, it shall be the duty of such superior or appellate court, to remand the case to the court in which it was originally tried, to be tried over again.

14. The third, fourth, fifth, twelfth and thirteenth sections of this chapter, shall not be construed to apply to appeals from the decisions of justices of the peace.

CHAPTER XXI.

Of Justices of the Peace.

1. Justices of the Peace, shall have jurisdiction out of court without a jury, of all actions where the value of the thing in dispute does not exceed twenty dollars, except specific performance, injunction and ejectment, and actions for injuries to the reputation or domestic relations.

2. The third, fourth, fifth, sixth, ninth and nineteenth chapters, of this title, so much of the seventh, eighth, and twentieth, as relates to juries, new trials, and records, shall not apply to cases tried before justices of the peace.

3. So much of the twelfth chapter as relates to issuing commissions to take testimony without the colony, shall not extend to justices of the peace; but either party may petition the court to which an appeal from a justice lies, for a commission; and such court may, if they think proper, issue a commission, and stay the proceedings of the justice until it can be executed.

4. Writs of execution, may be issued by a justice of the peace, returnable before a superior court; and such court or any judge thereof, shall have jurisdiction to proceed according to the directions of the nineteenth chapter.

5. No justice of the peace, shall have authority to issue a writ of arrest, against a defendant in an action, as such, or a writ of execution containing a clause of arrest, except writs of execution issued under the last section, and agreeably to its provisions.

6. Courts shall have concurrent jurisdiction, with justices of the peace in all actions for personal injuries, in which a justice of the peace has jurisdiction.

7. If an action, not for personal injury, be brought in a court, which ought to have been brought before a justice, the court shall, if the plaintiff establish a claim, deduct from the debt or damages, the whole costs incurred by the defendant, and give judgment for the balance, without any costs; or if the costs of the defendant, equal or exceed the debt or damages, shall give judgment for the defendant, either without costs, or for the excess of his costs, as

the case may require. If the plaintiff fails, the court shall give judgment for the defendant, for full costs.

8. An appeal shall lie from every decision of a justice of the peace, to the most inferior court having jurisdiction at the place, at which such justice lives, or to such other court as may be designated for that purpose, by law. No judgment of a justice of the peace shall be set aside for error as form; but all appeals from justices, shall be taken up by the court to which they are made, anew, and upon the merits, and such judgment given as the justice ought to have given.

9. A justice of the peace shall have the same power as a court in preserving order in his own presence, while engaged in his public duties, and as in punishing those who obstruct the execution of this issued by him, or who disobey his summons, or refuse to perform the duties for the performance of which they are summoned. In all such cases, he may issue writs or arrest, fine and otherwise punish. But he shall issue no writ of arrest, on pretence of any provision contained in the second chapter of this title. And all persons imprisoned by him may, in the discretion of any court or judge, be discharged.

CHAPTER XXII.

Of Officers.

1. All writs issued by a court, unless in cases otherwise provided for by law, must be directed to the sheriff. But if the office of sheriff is vacant, or if the sheriff be a party to the cause, or otherwise interested, and there be no coroner, he writ may be directed to an officer, selected for the occasion by the court, called an elizor.

2. An elizor is to be considered as sheriff, in respect of all writs directed to him. When the office of sheriff is filled, or the interested sheriff goes out of office, the elizor shall hand over to the new sheriff all writs and other papers, and all money or other property in his hands as elizor, and the same proceeds may be had against him as against a sheriff under similar circumstances.

3. All writs issued by a justice of the peace, except executions, sales, and attachment, may be directed either to the sheriff or to a constable. Executions and attachments must be directed to the sheriff, unless the party prefer that the word, land should be omitted, and the writ directed to a constable, which in that case may be done, but a constable shall not be authorised to seize or sell lands in execution. Writs of sale, must be directed to the officer having possession of the property. Writs of execution returnable before a court, must be directed to the sheriff.

4. If the sheriff, as such, is entitled to the possession of any property, which is in the possession of his predecessor, or of an elizor, or of the representative of either, which the party in whose possession it is, refuses to deliver over, the court may, on motion, and being satisfied of the fact, issue a writ of possession, directed to an elizor, requiring him to put the sheriff in possession of such property.

5. Every late sheriff, elizor or other person against whom such writ is issued, may give security, to be approved by the court, or some judge thereof, that he will produce, the property mentioned in such writ of possession, whenever a writ of replevin is issued, if it be personal or moveable property, and make oath that he does not believe the sheriff is, as such, entitled to the possession of the same; in which case the writ or possession shall be quashed, and the property

returned to him. The sheriff may then maintain an action of replevin for such property, in which it shall be sufficient for him to shew a right to the possess- . aon thereof as sheriff. If the property be real or fixed, no security need be given, but the party may file his affidavit, as above directed, and thereby put the sheriff to his ejectment, which he may maintain by averring in his complaint, and proving the facts which entitle him to the possession.

6 Every sheriff clerk, elizor, trustee, constable, or other ministerial officer, is liable to an action of damages, for any official misconduct.

7. If an elizor, or trustee dies, or is removed, having property in his hands, the same proceedings may be had against him or his legal representative, as against a late sheriff or his legal representative.

8. When judges, justices of the peace, or other officers, are judges of a particular court in rotation, those only whose turn it is to sit in court at any time, are to be considered as judges during such term. The word term is defined for the purpose of this section, in the forty eighth section of the second chapter of this title.

CHAPTER XXIII.

Of the Writ of Habeas Corpus.

1. The writ of habeas corpus, is a writ directed to the sheriff, or other person, who may have the custody, legally or illegally, of any person, directing such sheriff or other person, to have the body of the person, who is in custody before the court or judge named in the writ, or the purpose of enabling such court or judge to inquire into the cause of the confinement or detention of such person, and to discharge such person from such detention, confinement, or custody, if it should appear to be proper so to do. The person is who the writ is directed is called the defendant; the person whose body is directed to be produced is called the prisoner.

2. The form of the writ of habeas corpus, shall be the following; but changes may be made in the gender and number of the pronouns, and such similar alterations, as the circumstances of each case may render necessary or proper. Several persons may be included in one writ.

Liberia, to [insert the name of the defendant] Greeting:

You are hereby commanded to have the body of [insert the name of the person] now in your custody, before [insert the name of the court or judge, and, if the latter has official style], ou [insert the time] at [insert the place] together with this writ, and the day and cause of his detention, in order that he may be discharged from detention, confinement, and custody, if it shall appear to the said court, [or judge] proper that he should be so discharged. Hereof fail not at your peril. Given under my hand [and the seal of court] this [insert date.] Issued in duplicate.

The writ shall be signed by the clerk of the court, or by the judge who issues it, with his name and official style, and the clerk shall, if he sign it, annex the seal of the court. No writ of habeas corpus shall ever be quashed for any defect of form, nor shall any advantage ever be taken or allowed, in any way, on account of any such defect.

3. Every court of record, having any other jurisdiction whatever, either original or appellate, shall have the power of issuing writs of habeas corpus in all cases whatever; and every judge of any such court shall have the like power.

4. The writ of habeas corpus, shall be issued as of right, whenever any person shall apply for the same, and shall satisfy the court or judge, that the person to be named in such writ as prisoner, is in confinement, detention, or custody; unless such court or judge shall know, either from the proceedings had upon a then recent writ, or from other judicial proceedings within the personal knowledge of such court or judge, that such confinement, detention, or custody, is legal.

5. If the majority of any court, refuse a writ of habeas corpus, the minority may, notwithstanding, grant the same, and one judge may issue a writ which has been refused by another.

6. An action of damages, shall lie against every judge refusing a writ of habeas corpus, either at the suit of the party applying for the same, or of the party whose name was wished to be inserted in the writ as prisoner, but not to both. In such action, it shall be only necessary for the plaintiff to allege and prove that the party whose name was wished to be inserted in the writ as prisoner, was actually in confinement, detention, or custody, and that the judge refused the writ, or consented to the refusal by the court, after reasonable proof of that fact had been made. The defendant in such action can then only defend himself by alleging and proving the existence of such judicial proceedings as might justify his conduct under the last section. In every such action the jury shall be the exclusive judges, of what is reasonable evidence of detention, confinement, or custody.

7. Every writ of habeas corpus, shall be issued in duplicate. It shall be served by leaving one copy with the person to whom it is directed. This may be done by any person. The duplicate copy shall be returned to the court or judge issuing the same, with an affidavit of the service annexed.

8. It shall be the duty of every person, upon whom a writ of habeas corpus shall have been served, to attend at the time and place named in the writ, if he shall have had reasonable notice thereof, and then and there to return to the court or judge named in the writ, or to any other judge who may be there attending for the purpose, the writ, with an explanation annexed, of the causes of the detention of the prisoner, and also to deliver to such court or judge the originals of all documents, relied upon as justifying such detention; and to produce before him the body of the prisoner. But if he shall make oath, be one such court or judge, that the person named in the writ of habeas corpus, is not in his custody or power, and was not so at the time of the service, upon him of the writ, he shall be excused for not producing the body of such person, unless the court or judge shall, on hearing, order him to produce it, in which case it shall be his duty so to do.

9. It shall be the duty of the court or judge, before whom a writ of habeas corpus, shall have been made returnable, having reasonable notice of the fact, to attend at the place appointed for the return of the same or procure some other judge to do so, for the purpose of receiving the same; and it shall be the duty of any judge who shall agree to act for another judge in such a case, to keep his appointment; and an action shall be maintainable against any judge neglecting his duty in this matter.

10. It any writ of habeas corpus, is not returned at the time and place specified therein, it shall be the duty of the court or judge, upon the production of the duplicate copy, and of sufficient evidence, that it has been served so as to give reasonable notice to the party, to whom it is directed, so as to enable him to comply with the same, of which the said court or judge shall have full power to inquire and decide, to issue a writ of arrest against the person, to whom such writ was directed, and when brought before such court or judge, to punish him by fine, imprisonment, or otherwise; and also to compel him to produce the body of the prisoner. It shall also be the duty of such court or judge to

inquire into the cause of the original detention, and to make such order concerning it, as may seem just, under the principles of this chapter.

11. If the court or judge, shall think that the person to whom, the writ of hea beas corpus, shall have been directed, had not reasonable notice of the time and place of return, such court or judge shall appoint another time for the return at the same place, and shall direct what notice thereof, shall be given to the said person; and the said person, having had such notice, shall be bound to perform such duties, as he would have been bound to perform if he had appeared at the first time of return; and under precisely the same penalties.

12. Every court or judge, to whom an application is made for a writ of habeas corpus, or before whom it is made returnable, shall be well power and authority, either at the time of such application or return, or any other time to inquire, by all the ways and means, in the power of such court or judge, of the situation of the prisoner, and the probable intentions of the intended defendant; and may, in the exercise of a sound discretion issue a compulsory writ of habeas corpus, if such court or judge shall think proper so to do, and may direct the same either to the sheriff or an elizor.

13. The form of a compulsory writ of habeas corpus, shall be as follows; but all the regulations of the second section, with respect to the ordinary writ of habeas corpus, shall apply to it, except that it need not be issued in duplicate.

Liberia, to [insert the name and style of the sheriff or elizor] green?

You are hereby commanded to come [insert the name of the defendant] to have the body of [insert the name of the prisoner] now in his custody, before [insert the name of the court or judge, and, if the latter, his official style] on [insert the time] at [insert the place] together with the day and cause of his detention, in order that he may be discharged from detention, confinement, and custody if it shall appear to the said court [or judge] proper that he should be so discharged. And if the said [insert name of the defendant] shall refuse so to do, you are to bring the bodies, both of the said [insert the name of the defendant] and of the said [insert the name of the prisoner] before the said court, [or judge] at the time and place aforesaid. And for the better execution of this writ, you are authorized to use force, and to require the aid of all good citizens. You are also required to make known to the said court [or judge] how you shall execute this writ, and to return the same at the time and place aforesaid. Given under my hand [and the seal of the court] this [insert the date]

14. It shall be the duty of every male above the age of sixteen years, to give aid and assistance to a sheriff or elizor, in executing a compulsory writ of habeas corpus, whenever he shall be required so to do. And it shall be the duty of such sheriff or elizor to provide a sufficient force, to secure the execution of every such writ.

15. Whenever the defendant and prisoner, in pursuance of any writ of habeas corpus, appear before any court or judge, it shall be lawful for such court or judge, to examine the defendant, without oath, and the prisoner and any other persons or persons, upon oath or affirmation as the case may require. And if it shall appear proper so to do, such court or judge may either discharge, bail, or remand the prisoner, and may also commit, or otherwise secure the defendant, to answer for slave trading, or any other crime, offence or injury, of which such court or judge may suspect him to be guilty.

16. An action of damages, shall lie against any sheriff or elizor, or defendant, who shall make a false return, to any writ issued in pursuance of any provisions of this chapter, and against any person, who shall do any act tending to obstruct or defeat the full effect of any writ of habeas corpus whether common or compulsory, and against any person who shall omit to do any act, which he shall have been bound by law, or promised to do, and which, if not omitted, would have tended to promote the execution or effect of any writ of habeas corpus.

17. A writ oi habeas corpus may be always issued by any court or judge, as a foundation of the proceedings, authorized by the last section, on an affidavit that any person is believed to be an idiot or insane, and may be directed to the person, in whose care such an alleged idiot or insane person may be, without any evidence or allegation, that such idiot or insane person, is confined.

APPENDIX.

Form of an Administrator’s Bond Know all men that we, Henry Honest, Samuel Surety and Frederick Friendly, do bind ourselves to the heirs and creditors, and all other persons interested in the estate of Adam Ancient, lately deceased, and to each of them, that the said Henry Honest, shall well and faithfully perform the office of administrator, of the estate of the said Adam Ancient, and that we will indemnify all persons against any injury, damage, or loss, which may sustain by reason of any misconduct of the said Henry Honest, as administrator. Witness our hands this . . . . . . . . . . . . . . . . . . . . in the year one thousand- HENRY HONEST, SAMUEL SURETY, FREDERICK FRIENDLY. Witness, THOMAS TESTIFY. Bond approved by Chairman of the Orphans Court. Form of a Commission of Appraisement. Commonwealth of Liberia to Samuel Skilful and Philip Prudent Greeting: You are hereby appointed Appraisers of the estate of Adam Ancient, lately deceased, and, as soon as conveniently may be, to value and appraise the same according to the best of your skill and knowledge. Clerk of the Orphans Court. The Appraisers affirm that they will see value and appraise the said estate, and to law, this . . . . . . . . . . . . . . . . . . . . day in the year one thousand. Before SAMUEL STRICT, Justice of the Peace. Form of an Inventory of a Deceased Man’s Estate. An Inventor of the lands, goods, chattels, money and property of Adam Ancient, deceased, so far as they have come to the hands or knowledge of Henry Honest, Administrator of his estate, appointed by virtue of the annexed commission. 1. One own lot of the following description [insert description,] valued at 2. One pair of oxen, valued at [And so go through the whole.] Valued and appraised by us, on this . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . in the year one thousand. SAMUEL SKILFUL, PHILIP PRUDENT. And taken possession of by Henry Honest, Administrator. On this . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . before the subscriber appeared Samuel Skilful, Philip Prudent and Henry Honest, and were severally affirmed according

to law, that the above written inventory of the estate or Adam Ancient, is just and true, and includes all the property of the said Adam Ancient, of which they have any knowledge, and that if they should discover any additional property, they will dislose the same.

Affirmed before

SAMUEL STRICT, Justice of the Peace.

Form of a Writ of Re- summons.

Commonwealth of Liberia, to . Sheriff of the County of Greeting: You are hereby commanded to summon [as you were before commanded,] Daniel defendant to appear before the for this on Tuesday time, to answer the complaint of Peter Plaintiff, and have you there this writ issued this . Day of , in the year one thousand

PHILIP PENMAN, Clerk of said Court.

A writ of summons is in the same form omitting the words, as you were before commanded.

Form of a Writ of Attachment.

Commonwealth of Liberia, to . Sheriff of the County of Greeting: You are hereby commanded to summon, [as you were before commanded,] Daniel Defendant, to appear before the for this on [insert the time,] to answer the complaint of Peter Plaintiff, and also to attach the lands, goods, chattels and credits of the said Daniel Defendant, to the value of [insert the sum,] and certify your doings to the said court, at the said day, and have you there this writ. Issued this . day of , in the year one thousand

Place of the seal.

PHILIP PENMAN, Clerk of said Court.

The words as you were before commanded, to be omitted whenever an attachment is issued without a previous summons.

When the attachment is against specific property, the description thereof is to be inserted, instead of the words the lands, goods, chattels and credits of the said Daniel Defendant, and all mention of value is to be omitted.

Form of an Affidavit to obtain an Attachment in Debit.

Peter Plaintiff makes oath according to law, [or else solemnly, sincerely and truly affirms.] that Daniel Defendant is justly indebted to him, the sum of . dollars, and that he fears the said Daniel Defendant cannot be found to be summoned.

Sworn before HENRY HONEST Justice of the peace, On this . day of . in the year one thousand

What follows the word dollars to sworn before is only to be inserted when an attachment is wanted without a previous summons, and the plaintiff may if he will

exchange it for tand that he fears the said Daniel Defendant, will not appear if summoned. Where the affiant is to be filed in an action of damages, the nature of the injury must be specially suited, and also the amount of damages in a form some thing like what follows, but adapted to each particular case.

Form of an Affidavit for an Attachment in Damages.

Peter Plainiff makes each according to law, [or solemnly, sincerely, and truly affiant] that Daniel Defendant detains from him, the said Peter Plainiff, one pair or oxen, and that he is thereby damaged to the value of [insert the sum,] and that he tears the said Daniel Defendant cannot be found to be summoned.

Sworn before H. H. Justice of the peace, On this day of in the year one thousand

Form of a Schedule under an Attachment.

Schedule of the lands, goods, and chattels of Daniel Defendant, seized and taken at the suit of Peter Plainiff, under a writ of attachment, seized out of the . . . . . . . . . . . . . . . . . . . . for this on the [insert date of writ] that is to say: One town lot . . . . . . . . . . . . . . . . . . . . in the town of Of the following description, [insert description] appraised at [And so on until all things seized are scheduled.]

Appraised by HENRY HONEST. SAMUEL SKILFUL, Appraiser.

Property taken and appraisers affirmed, by DAVID DILIGENT SHERIFF.

Form of a Writ of Arrest.

Commonwealth of Liberia to . . . . . . . . . . . . . . . . . . . . Sheriff of the county of

You are hereby commanded, to arrest the body of Daniel Defendant, and bring him before some judge or other person authorized to receive bail, to give security in the sum of . . . . . . . . . . . . . . . . . . . . for the . . . . . . . . . . . . . . . . . . . on the [insert the time], to an as yet the complaint of Peter Plainiff herewith sent, unless he shall shew you property liable to be attached under the accompanying writ of Attachment, sufficient to cover the said sum, and make known your donges to the said court, at the said day, and have there this writ.

Issued by special order of the court (or of John Just, one of the judges of the court,) this . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . in the year one thousand

Place of the seal

PHILIP PENMAN, Clerk of said Court.

Form of a Writ of Injunction.

Commonwealth of Liberia, to Daniel Defendant, Greeting: You are hereby commanded and enjoined to abstain and desist altogether from [insert the matters intended to be prohibited] until further order is taken in the premises, and you are further commanded to appear before the . . . . . . . . . . . . . . . . . . . . for the . . . . . . . . . . . . . . . . . . on [insert the time] to

answer the complaint of Peter Plainiff, and to shew cause why this injunction should be dissolved.

Issued in duplicate and by special order [of the court, or of John Just, one of the judges of the court], this . . . day of . . . in the year one thou- sand

{Place of } {the seal}

PHILIP PENMAN, Clerk of said court.

Form of a Writ of Arrest for disobeying an Injunction.

Commonwealth of Liberia, to . . . , sheriff of the County of . . . . . . . . . . . . . . . . . . . .

You are hereby commanded to arrest the body of Daniel Defendant, and bring him before the . . . . . . . . . . . . . . . . . . . . for &c., or some judge thereof, immediately, to answer for disobeying an injunction issued by the said court, on the claimant of Peter Plainiff.

Issued by special order of the court, or of John Just, one of the judges of the court, this . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . in the year one thousand

PHILIP PENMAN, Clerk of said Court

Form of a Replevin Bond.

Know all men, that we, Peter Plainiff, Samuel Surety and William Wealthy, and ourselves to Daniel Defendant, that the said Peter Plainiff, or his administrator, or other representatives, will return the goods, which may be received by virtue of a writ of replevin, which he the said Peter Plainiff is about to issue out of the . . . . . . . . . . . . . . . . . . . . for the . . . . . . . . . . . . . . . . . . against the said Daniel Defendant, for the purpose of obtaining possession of the following goods, that is to say, insert the list of goods, and will also pay all the cost of the said replevin, if any court having jurisdiction of the cause, shall so adjudge, and will also indemnify the said Daniel Defendant, from any injury he may sustain by means of the said writ of replevin.

The penalty of this bond is . . . . . . . . . . . . . . . . . . . . dollars.

Witness our hands, this . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . in the year one thou- sand

PETER PLAINTIFF, SAMUEL SURETY, WILLIAM WEALTHY

Witness, PHILIP PENMAN, Clerk of said Court,

Form of a Schedule under a Writ of Replevin.

Schedule of goods replevied and delivered to Peter Plainiff, by virtue of a writ of replevin issued out of the . . . . . . . . . . . . . . . . . . . . for the . . . . . . . . . . . . . . . . . . against Daniel Defendant, on the . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . in the year one thousand . . . . . . . . . . . . . . . . . . . . One pair of oxen, appraised at . . . . . . . . . . . . . . . . . . .

(And so on until all things reprieved are scheduled.) Appraised by HENRY HONEST SAMUEL SKILFUL Appraisers Property reprieved, and Appraisers affirmed by Sheriff of said County Received the above property from the Sheriff, PETER PLAINTIFF. Form of a Writ of Repierin. Commonwealth of Liberia, to Sheriff of the County of Greeting: Your are hereby commanded to repiery out of the possession of Daniel Defend and, the following goods, that is to say, [insert list as in hand,] and deliver the same to Peter Plaintiff, and summon the said Daniel Defendant, to appear, &c. as in a writ of summons. Form of a Bail Bond. Know all men, that we, Daniel Defendant and Benjamin Bail, do bind ourselves to Peter Plaintiff, that the said Daniel Defendant, will perform the judgment of the for the of in an action of debt, brought by the said Peter Plaintiff, against the said Daniel Defendant, on the day of in the year one thousand and the judgment of any court, to which an appeal from such judgment may be taken, or that he will deliver his body to any Sheriff, to whom an execution on any such judgment may have been directed, under a penalty of dollars. Witness our hands, this day of in the year one thousand DANIEL DEFENDANT, BENJAMIN BAIL. Witness, JOHN JUST. Form of a Commitment. Commonwealth of Liberia, to Sheriff of the County, of Greeting: Receive into your custody and prison, the body of Daniel Defendant, and him safe keep, to answer the complaint of Peter Plaintiff in the court, [insert style of court,] until he shall be discharged by due course of law. JOHN JUST, One of the judges of the said court, [or Commissioner of Bail.] Form of a Complaint in an action of Damages. Peter Plaintiff, complains that Daniel Defendant, contracted with him in manner following, that is to say, [state the contract,] and that he has not performed the said contract in this, that is to say, [state the acts of omission complained of,] whereby the said plaintiff hath sustained damages to the amount of All which the said plaintiff is ready to prove. PETER PLAINTIFF.

Form of a Complaint in an Action of Debt.

Peter Plaintiff, complains that Daniel Defendant, is indebted to him in the sum of . . . . . . . . . . . . . . . . . . . . dollars for [state generally the facts in which the debt is said to have originated.] All which the said plaintiff is ready to prove.

PETER PLAINTIFF.

Form of a Complaint in an Action of Specific Performance.

Peter Plaintiff complains that Daniel Defendant, contracted with him in manner following, that is to say, [state contract,] that he the said Peter Plaintiff, has in all things performed the contract on his part, [or is ready to perform the same] but that the said Daniel Defendant, has wholly refused so to do, and still neglects and refuses so to do. All which the plaintiff is ready to prove.

PETER PLAINTIFF.

Form of a Complaint in Injunction.

Peter Plaintiff complains that Daniel Defendant has contracted with him, in manner following, that is to say, [state contract, or other facts, if the action be not founded on contract.] And the said plaintiff further says that the said Daniel Defendant, contrary to the said contract [or equity and good conscience] is about to [state the act sought to be restrained]. All which the plaintiff is ready to prove. And the plaintiff further says that he believes the allegation last stated to be true.

PETER PLAINTIFF.

Form of a Complaint in Replevin.

Peter Plaintiff complains that Daniel Defendant, has taken from the possession of the said plaintiff, and now holds and detains from him, the goods following, that is to say, [enumerate the goods,] whereby the said plaintiff hath sustained damage. All which the said plaintiff is ready to prove.

PETER PLAINTIFF.

Form of a Complaint in Ejectment.

Peter Plaintiff complains that Daniel Defendant, detains the lands of the said plaintiff, to which he is entitled under a grant from the American Colonization Society, [or under a deed from the said Daniel Defendant, or under a deed from Adam Ancient as the case may be,] and that the said defendant still detains the same. All which the said plaintiff is ready to prove.

PETER PLAINTIFF.

Where the title is derived from a stranger, the words after the word under, are to be—Adam Ancient, whose title has come to the said plaintiff—to be changed to meet the circumstances of each particular case. If the action be by a landlord against an overholding tenant, the plaintiff may say—the plaintiff is entitled to the possession of the lands, (describing them,) which he leased to the defendant.

Form of a Complaint in Damages, for taking and detaining Goods.

Peter Plaintiff complains that Daniel Defendant took from the possession of the said plaintiff, one pair of oxen, his property, and still detains the same,

whereby he hath sustained damage. All which the said plaintiff is ready to prove.

PETER PLAINTIFF.

Form of a Complaint in Damages, for striking a son.

Peter Plaintiff complains that Daniel Defenant beat Philip Plaintiff, the son [or servant] of said Peter Plaintiff, so severely that the said Philip was unable to render to the said Peter his accustomed services, as by reason of the relation subsisting between them, he ought to do, whereby the said plaintiff hath sustained damage. All of which he is ready to prove.

PETER PLAINTIFF.

N. B. The preceding forms of complaints are only models or specimens, and may be changed or modified, or new ones invented upon similar principles, to be used in cases not herein provided for.

Form of an Answer denying the Facts of the Complaint.

Daniel Defenant denies the truth of all the allegations in the complaint of Peter Plaintiff against him.

DANIEL DEFENDANT

Form of an Answer, denying the Legal Right of the Plaintiff to Recover and also denying the truth of the Facts alleged in the Complaint.

Daniel Defenant, says that supposing all the allegations, continued in the complaint of Peter Plaintiff against him, to be true, yet the said Peter Plaintiff has no legal right to recover against him in his action, (*) and he also denies the truth of all the allegations contained in the said complaint.

DANIEL DEFENDANT.

The words after the asterisk (*) are to be omitted, when it is intended to admit the facts.

Specimen of an Answer shewing new facts; Constituting two Defences.

Daniel Defenant denies the right of Peter Plaintiff to recover in this action, because he says that after the occurring of the facts stated in the complaint, it was agreed between the said Daniel Defenant, and the said Peter Plaintiff, that the said Daniel Defenant should give . . . and the said Peter Plaintiff receive . . . dollars, . . . cents in satisfaction of the injury complained of in said complaint, and that the said Daniel Defenant had actually paid, and the said Peter Plaintiff received the said sum of money.

And also because the injury complained of in this complaint, was committed, and the cause of action accrued more than . . . years before the commencement of this action. All of which the said defendant is ready to prove.

DANIEL DEFENDANT

Form of an Answer Alleging payment.

Daniel Defendant, denies that Peter Plaintiff is entitled, to recover in this action against him, because he says that he hath paid the debt in the complaint mentioned, to the said Peter Plaintiff. And this the said defendant is really to prove.

DANIEL DEFENDANT.

Form of an Answer Alleging Performance of a Contract.

Daniel Defendant, denies that Peter Plaintiff is entitled to recover against him in this action, because he says that he has performed whatever he was required to perform, by virtue of the contract, in the complaint mentioned. And this the said defendant is ready to prove.

DANIEL DEFENDANT.

If the defendant be only a surety, or the defendants be several, sued together for the default of one, instead of he in italics, say the said Daniel Defendant, or whatever else may be the name of the party charged with a default.

Form of an answer alleging Allegality of Consideration.

Daniel Defendant, denies that Peter Plaintiff, is entitled to recover against him in this action, because, he says, that the contract in the complaint mentioned, had relation to the Slave Trade, in this, that it was a contract to punish rice to a vessel employed in the Slave Trade, and that the parties to the contract well knew that such was the case. And this the defendant is ready to prove.

DANIEL DEFENDANT.

Form of an Answer relying on Lapse of Time.

Daniel Defendant, denies that Peter Plaintiff, is entitled to recover against him in this action, because, he says, that the cause of action in the complaint mentioned, accrued more than before the commencement of this action. And this the defendant is ready to prove.

DANIEL DEFENDANT.

Form of a general Reply.

Peter Plaintiff, denies that the allegations contained in the answer of Daniel Defendant, to his complaint, furnish a sufficient defence to this action, and he also denies the truth of the said allegations.

PETER PLAINTIFF.

Specimen of a Reply of new Facts.

Peter Plaintiff, denies that the answer of Daniel Defendant, is sufficient to prevent his recovery, because, he says, that he the said Peter Plaintiff, was out of the county of during part of the time which elapsed between the accruing of the cause of action in the complaint mentioned and the commencement of this action, and that the remainder of

the said time was less than six years. All of which he is ready to prove.

PETER PLAINTIFF.

Form of a Bond to return Goods taken in Replecin and restored to the defendant on motion.

Know all men, that we, Daniel Defendant, and Samuel Surety, do bind our selves to Peter Plaintiff, that the said Daniel Defendant, or his administrators, will return to the said Peter Plaintiff, or his administrators, the goods which have been or may be restored to the said Daniel Defendant, by virtue of an order of the court . . . . . . . . . . . . . . . . . . . . made on . . . . . . . . . . . . . . . . . . . in a case wherein the said Peter Plaintiff was plaintiff, and the said Daniel Defendant, defendant, if any court having jurisdiction on the said cause shall so direct. The penalty of this bond is . . . . . . . . . . . . . . . . . . . . dollars.

DANIEL DEFENDANT. WITNESS, PHILIP PENMAN. SAMUEL SURETY.

Form of an Order of Court to restore the Goods.

Peter Plaintiff Action of reprieve in the for the . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . Daniel Defendant. In this case, it is ordered, that the Sheriff restore to the defendant, the goods heretofore delivered to the plaintiff, by virtue of the writ of reprieve in this case, the defendant having first given security in the usual manner. By order of the court.

L.S. PHLIP PENMAN, Clerk. The security has been given, PHLIP PENMAN, Clerk. Received the following goods. [insert the list.] DANIEL DEFENDANT.

Form of a rule of Court referring a case to Arbitration.

Peter Plaintiff, Action of . . . . . . . . . . . . . . . . . . . . in the . . . . . . . . . . . . . . . . . . . for the . . . . . . . . . . . . . . . . . . Daniel Defendant. On the application of the parties in this cause it is ruled and ordered, that the same be referred to Philip. Prudent, and Henry Honest, as arbitrators under the law regulating arbitrations.

L.S. PHILIP PENMAN, Clerk.

Form of an Order for the sale of Perishable Property.

Peter Plaintiff, Action of . . . . . . . . . . . . . . . . . . . . in the . . . . . . . . . . . . . . . . . . . for the . . . . . . . . . . . . . . . . . . Daniel Defendant. It appearing that the following goods [insert description,] which have been taken by virtue of the attachment in this cause, are of a perishable nature, [or expensive to keep,] and that it is therefore for the interest of the parties, that the same should be sold, it is ordered that they be sold, and that a writ of sale be issued for that purpose.

JOHN JUST, Chairman of the Court.

Form of a Writ of Sale.

Commonwealth of Liberia, to, Sheriff of the county of

You are hereby commanded, to sell the property mentioned in the schedule, hereto annexed, agreeable to law, and pay over the proceeds to the party entitled to receive them, and make known to this court, how you have executed this writ, on the day of next.

Issued this day of in the year one thousand

L.S.

PHILIP PENMAN, Clerk.

Form of a writ of Possession.

Commonwealth of Liberia, to Sheriff of the county of

You are hereby commanded to deliver to Peter Plaintiff, the following goods [or the following lands,] which it [or which the court] has adjudged shall be delivered to the said Peter Plaintiff, to have and to hold the same, and make known to this court how you have executed this writ, on the day of next.

L.S.

PHILIP PENMAN, Clerk.

Form of a citation to the next of kin.

Commonwealth of Liberia, to the next of kin of Adam Ancient, lately deceased, of the county of

You are hereby summoned and required to appear before this court, to be holden at on Tuesday the day of at o’clock, then and there to show cause why letters of administration of the estate of the said Adam Ancient, should not be granted to the person, making application for the same.

L. S.

PHILIP PENMAN, Clerk.

Form of a Writ of Execution.

Commonwealth of Liberia, to Sheriff of the county of

You are hereby commanded, to make of the goods, chattels, lands and tenements, of Daniel Defendant, the sum of dollars, with interest and costs, as the plaintiff is adjudged to recover, and may have, also for want of such goods, chattels, lands, and tenements, to arrest the said Daniel Defendant, and bring him before this court, to be dealt with according to law, unless the said money, interest and costs, be sooner paid to you, or to the party entitled to receive the same; and when you have made the money, you are to pay it to the said party, and make known to the court how you have executed this writ, on the day of next.

Issued this day of, in the year one thousand

L.S.

PHILIP PENMAN, Clerk.

Form of a Writ of Sale for Executed Property.

Commonwealth of Liberia, to Sheriff of the county of

You are hereby commanded, to sell the property mentioned in the schedule hereto annexed, and pay the proceeds to the party entitled to the same, and make known to this court how you have executed this writ, on the day of next.

Issued this day of in the year one thousand

L.S.

PHILIP PENMAN, Clerk.

Form of a Notice to the Creditors, for the first Meeting of Creditors, under the Insolvent Law.

A. B. having been declared an insolvent debtor, all persons having claims against him, are requested to meet at the house of C. D. in, on Wednesday the day of at o’clock P. M. to elect a Trustee for their benefit. The polls will be open one hour.

E. F., Temporary Trustee.

Form of a Summons to a Garnishee.

Commonwealth of Liberia, to B. C. of Greeting: You are hereby summoned and required to appear before the for the at [insert the time and place,] to show cause why the sum of dollars should not be condemned in your hands, towards the payment of the debt of Daniel Defendant, to Peter Plaintiff.

Issued this day of in the year one thousand

PHILIP PENMAN, Clerk.

Form of a Summons to Witness to attend before Arbitrators.

Commonwealth of Liberia. To C. D.

You are hereby summoned and required to appear before Philip Prudent and Henry Honest, arbitrators, at the house of John Just, in, on Wednesday the day of at o’clock in the noon, to give evidence in a cause pending before them, wherein Peter Plaintiff is claimant and Daniel Defendant is opponent.

Issued by the special order of the said arbitrators.

PHILIP PENMAN, Clerk.

Form of a Warrant of Arrest for an Offence.

Commonwealth of Liberia, to the Sheriff, or any constable of the county of

You are hereby commanded, to arrest Charles Careless, and bring him before Samuel Strict, a justice of the peace for the said county, to answer on oath of Thomas Testify, for the following offence (to wit,) feloniously, taking and stealing one pair of oxen of the value of, &c.

Issued this day of in the year one thousand

SAMUEL STRICT, Justice of the Peace.

Form of a Warrant to summon a Jury to an Inquest.

Commonwealth of Liberia, to the Sheriff, or any constable of the county of

You are hereby commanded, to cause fifteen good and lawful men of your county, forthwith to appear before the coroner of the said county, [or before the subscriber, a justice of the peace,] to inquire when, how, and after what manner, A. B. came to his death.

Issued this day of in the year one thousand

JOHN JUST, Coroner [or Justice of the Peace.]

Form of the return of a Venire for Petit Jury.

I have summoned the within named persons, and caused them to attend the court, according to the command of the within writ.

DAVID DILIGENT, Sheriff.

Form of a Subpoena.

Commonwealth of Liberia, to the Sheriff, or any constable, or other person, of the county of

You are hereby commanded, to summon C. D. to appear before the for the at, on, at o’clock, then and there to give evidence on behalf of Peter Plaintiff, in a cause depending in the said court, wherein Daniel Defendant is adverse party.

Issued this day of in the year one thousand

PHILIP PENMAN, Clerk.

Form of a Subpoena Duces Tecum.

Commonwealth of Liberia, to the Sheriff, or any constable, or other person, of the county of

You are hereby commanded, to summon G. H. of, to appear before the for the at, on, at o’clock, then and there to give evidence on behalf of Peter Plaintiff, in a cause depending before the said court, wherein Daniel Defendant is adverse party, and to bring with him, and produce to the said court, a certain book, usually called [describe it.] And have you then there this writ.

Issued this day of in the year one thousand

PHILIP PENMAN, Clerk.

Form of a Citation to a Justice of the Peace to send up his Proceedings.

Commonwealth of Liberia, to H. H. a Justice of the Peace for the county of

You are hereby commanded, to send without delay to the for the, the proceedings, judgment, and execution in a certain cause wherein Peter Plaintiff was plaintiff, and Daniel Defendant was defendant, lately tried before you.

Issued this day of in the year one thousand

PHILIP PENMAN, Clerk.

Form of a Certificate of taking the Oath of Office.

I, Philip Penman, Clerk of the for the county of, hereby certify, that John Just, Esquire, this day appeared before me, and took the oath of office as Chairman of the said court.

Witness my hand and seal, this day of in the year one thousand

L.S.

PHILIP PENMAN, Clerk.

Form of a Notice of an Appeal.

Peter Plaintiff. vs. Daniel Defendant. Take notice, that I, the said Peter Plaintiff, do appeal from the decision given in the above action in the for the, before the Hon. John Just, to the for the, on the day of, at o’clock.

PETER PLAINTIFF.

To Daniel Defendant.

Form of the Return of an Officer to a Writ, of Summons.

Summoned the within named defendant, by delivering to him a copy of this writ.

DAVID DILIGENT, Sheriff.

Form of the Return of an Officer to a Writ of Re-Summons.

Summoned the within named defendant, as you was before commanded.

DAVID DILIGENT, Sheriff.

Form of the Return of an Officer to a Writ of Attachment.

Attached as per schedule hereunto annexed.

DAVID DILIGENT, Sheriff.

Form of a Venire for a Petit Jury.

Commonwealth of Liberia, to the Sheriff of the county of

You are hereby commanded, to cause to appear before the for the at, on Tuesday the day of at o’clock, twenty- four good and lawful men, of your county, to serve as jurors in the above action, wherein Peter Plaintiff is plaintiff, and Daniel Defendant is defendant.

Issued this day of in the year one thousand

PHILIP PENMAN, Clerk.

Form of the Return of an Officer to a Writ of Capias.

Arrested the body of the within named defendant, and having given him a copy of the writ and of the plaintiff’s complaint, I carried him before John Just, Esquire, one of the judges of the court, who admitted the defendant to bail. Bail bond received.

DAVID DILIGENT, Sheriff.

Form of an order to a Justice of the Peace, to issue an Attachment.

Peter Plaintiff. vs. Daniel Defendant. It appearing to the satisfaction of the subscriber, one of the judges of the for the, that the said Daniel Defendant is indebted to the said Peter Plaintiff, in the sum of dollars, for [here state general nature of the cause of action,] and that the said Daniel Defendant has not wherewith to satisfy the said debt and costs, in the jurisdiction of the said court, it is hereby ordered, that a writ of attachment be issued against the property of the said Daniel Defendant, for the sum of dollars, and all the cost which shall accrue in this case, as law directs.

JOHN JUST, Judge of said Court.

Form of an order of Court to bring up a Prisoner to be examined as a Witness.

Commonwealth of Liberia, to David Diligent, sheriff of the county of

Greeting: You are hereby commanded, to bring up C. D., now a prisoner in your custody, before the for the at, on the day of, at, to be examined as a witness in the above cause.

Issued this day of in the year one thousand

PHILIP PENMAN, Clerk.

Form of a Venire for a Grand Jury.

Commonwealth of Liberia, to the Sheriff of the county of

You are hereby commanded, to cause to appear before the for the at, on Monday the day of at o’clock, fifteen good and lawful men of your county, to inquire into the breach of the law.

Issued this day of in the year one thousand

PHILIP PENMAN, Clerk.

Form of a Warrant of Commitment on an Indictment.

Commonwealth of Liberia, to the Sheriff of the county of

You are hereby commanded, to receive into your custody and prison, the body of C. D., to answer an indictment found against him by the grand jury of the county of for [describe offence], and you are to have his body before the for the, to be held on Monday the day of, at the hour of, unless he be before that time discharged by due course of law.

Issued this day of in the year one thousand

PHILIP PENMAN, Clerk.

Form of a Warrant on a Contempt of Court.

Commonwealth of Liberia, to the Sheriff of the county of

You are hereby commanded, to bring the body of C. D. before the for the at, on the day of at o’clock, to answer for a contempt committed on

when its next session will be held, at the hour of o’clock. Issued by special order of the court, this day of in the year one thousand.

L.S.

PHILIP PHANIAN, Clerk.

Form of a discharge of an Insolvent

Daniel Defendant, having complied with the law relative to insolvent debt. ors, is hereby discharged from arrest, and from all future arrest, for any debt he may now owe, or in any action to which he may now be liable, except actions for injuries to the person, reputation, or the domestic relations of any person. Dated the day of in the year one thousand

JOHN JUST, Chairman of the Court.

Form of an appointment of a temporary Trustee, for the benefit of the Creditors of an insolvent debtor.

Daniel Defendant, an insolvent debtor, having been discharged, Henry Honest, ish, may now act, to take charge of his property, and call a meeting of his creditors to elect a Trustee to act for their benefit.

JOHN JUST, Chairman of the Court.

Form of a certificate of the election of a Trustee,

To JOHN JUST, Chairman of the Court of. These are to certify, that at a meeting of the creditors of Daniel Defendant, an insolvent debtor, discharged by you, called by Henry Honest, the temporary trustee, by you appointed, Henry Honest was duly elected trustee for the benefit of said creditors.

PETER PLAINTIFF, CHARLES CREDITOR, HENRY HONEST,

Creditors present.

Form of a Trustee’s Bond.

Know all men, that we, Henry Honest, and Samuel Surety, do bind ourselves to the creditors of Daniel Defendant, an insolvent debtor, and to each of them seperately, that the said Henry Honest, shall and will, well and faithfully perform the duties of trustee, for the benefit of the creditors of the said Daniel Defendant, and that we will indemnify them, from all loss which they may sustain, by reason of any misconduct of the said Henry Honest, as trustee as aforesaid. The penalty of this bond is . . . dollars.

Witness our hands, this day of in the year one thou sand.

Witness,

JOHN JUST,

HENRY HONEST, SAMUEL SORETY.

Form of a Bail Bond to answer a Criminal Accusation.

Know all meur by these pre- enus, that we Charles Careless and Frederick Friendly, do bind ourselves to the Commonwealth of Liberia, that the said Charles Careless will appear before the . . . . . . . . . . . . . . . . . . . . for the . . . . . . . . . . . . . . . . . . on the day of . . . . . . . . . . . . . . . . . . . . in the year one thousand . . . . . . . . . . . . . . . . . . . to answer a charge of [insert description of offence in warrant], and will remain in said count until day discharged, and will, if convicted of the said offence, surrender himself into the custody of the sheriff of the county of . . . . . . . . . . . . . . . . . . . . to undergo the sentence of the law. The penalty of the bond is . . . . . . . . . . . . . . . . . . . . to collars.

CHARLES CARELESS, FEDERICK FRIENDLY.

Witness:

SAMUEL STRICT.

If the offence be capital, or the accused be held and proper bail, the justice of the peace must commit him.

Form of a Commitment to answer a Criminal Accusation.

Commonwealth of Liberia. . . . . . . . . . . . . . . . . . . . . Sheriff of the county of . . . . . . . . . . . . . . . . . . .

Greeting:

Receive into your custody, the body of Charles Careless here in the said sum his safe keep, so that you have his body before the . . . . . . . . . . . . . . . . . . . . to lie held on the . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . one thousand . . . . . . . . . . . . . . . . . . . to answer a charge of [insert description of offence as in warrant], unless the said Charles Careless, shall have been before that time, discharged, out of your custody, in due course of law, and for so doing, this shall be your sufficient warrant. Issued this . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . in the year one thousand

Justice of the Peace

If the justice has doubts of the propriety, of fully committing, or finally discharging the accused, he may commit him for further examination.

Form of a Commitment for further Examination.

Commonwealth of Liberia, to . . . . . . . . . . . . . . . . . . . . Sheriff of the county of . . . . . . . . . . . . . . . . . . .

Greeting:

Receive into your custody, the body of Charles Careless, herewith sent charged on oath of Thomas Testify, with, [insert description of offence], and him safe keep, until he is discharged out of your custody, in due course of law, so that he may be brought before the proper authorities, for further examination. Bushing the said charge, and for so doing, this shall be your sufficient warrant. Issued this . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . in the year one thousand

Issued this . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . in the year one thousand

SAMUEL STRICT, Justice of the Peace

Form of a Warrant for Distress, (for Rent.)

Commonwealth of Liberia, to the Sheriff, or any constable of the county of

Greeting: You are hereby commanded, to distrain the goods and chattels of Daniel Defendant, of the value of . . . . . . . . . . . . . . . . . . . . dollars, and keep the same, that they may be taken in execution, if the said Daniel Defendant, shall not pay the said sum unto the said Peter Plaintiff, together with your fees, within the space of ten days, next after the date hereof.

Issued this . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . in the year one thousand

JOHN JUST, Chairman of the County Court.

Form of a Protest for non-payment.

Know all men, that I, Notary Public, by lawful authority, at the request of Peter Plaintiff, have demanded payment of the within note [or bill of exchange,] of Daniel Defendant, which payment he refused, whereupon I, the said Notary, did, at the request aforesaid, PROTEST the said note [or bill of exchange,] for non- payment.

Witness my hand and seal, this day of, in the year one thousand

L.S.

Notary Public.

Form of a Protest for non-acceptance.

Know all men, that I, Notary Public, by lawful authority, at the request of Peter Plaintiff, have presented the within bill of exchange to Daniel Defendant, and demanded acceptance thereof, which acceptance he refused, whereupon I, the said Notary, did, at the request aforesaid, PROTEST the said bill of exchange, for non- acceptance.

Witness my hand and seal, this day of, in the year one thousand

L.S.

Notary Public.

INDEX.

B.

Bail, what it is, remedy against, measure of damages &c., part 2nd, 14

may be given to dissolve an attachment, 11

Banishmeat, part 1st, 12

Bastardy, law concerning, 13

Benson James, act for relief of, 42

Births and detains to be registered, 30

Brown Wiley, act for relief of 42

C.

Camwood, &c., Bills may be released with, part 1st, 34

Census, how taken, 31

Children, legitimate and illegitimate, 29

Clerks of courts, duty &c., part 2nd, 20

do, part 1st, 10

must make up record in appeals, part 2nd, 41

of county courts appointed by the Governor

and Council, part 1st, 6

of supreme court, 11

of courts, fees of, 17

Collectors, their duty &c., 23

fees, 20

Commissioners, Town, duty, &c. 6

Commerce and Revenue Bill, 21

Commission Merchants to get license, 28

Committee of Finance established, 59

Common schools to be provided and regulated, 36

Complaint, Forms of part 2nd, 15 55

when to be filed, 14

what it must contain, and how made in

different actions 15

may be amended, 16

Congregations, disturbance of how punished, part 1st, 41

Consideration, what is, must not be illegal, part 2nd, 2

Constables, how appointed, part 1st, 6

justice to direct writs to, part 2nd, 43

must not sell lands, 48

fees of part 1st, 17

Constitution, 1

Contract, what it is &c., part 2nd, 2

actions upon, 8

do. limited 8

Coroners subject to same penalty as the sheriff part 1st, 15

fees of 18

appointed by the Governor and Council 6

Corners of farm lands to be marked, 6

Council representative, 1

Counties shall have seal &c., 6

and towns, law respecting, 5

Counties divided in townships 6

Courts, how constituted, (see Judiciary.)