attending on, the general assembly, are entitled to.And moreover shall be allowed the same pay for travelling to, attending on, and returning from, the said convention, as is allowed to members of the general assembly for travelling to, attending on, and returning from the same.

III. Be it further enacted, That the said convention shall be, and they are hereby empowered to make such reasonable allowances to the officers of the said convention for their services as shall be by the said convention deemed necessary. And whereas it is essential to the safety and happiness of the people of this and other states in the union, that the most friendly sentiments towards each other should be cherished, and the greatest unanimity should prevail at all times, but more particularly during the deliberations concerning the great and important change of government which hath been proposed by the foederal convention, and it is necessary to make provision for the payment of such reasonable expences as may be incurred, in case the convention to meet in this state on the first Monday in June next, should deem it necessary to hold any communications with any of the sister states or the conventions thereof which may be then met, or should in any other manner incur any expence in collecting the sentiments of the union respecting the proposed foederal constitution, in such manner as to keep up that friendly intercourse and preserve that unanimity respecting any great change of government, which it is the duty and wish of this legislature to promote and cherish:

IV. Be it therefore enacted, That a sum of money not exceeding eight thousand pounds shall be reserved in the treasury subject to the order and disposal of the convention appointed to meet in the city of Richmond on the first Monday in June next, for defraying the expences of the members thereof, or any other expences as before mentioned, and that such money shall be made good from the funds now appropriated, or which may hereafter be appropriated, to the support of civil government; and provided the said fund should by any means prove deficient, then such deficiency shall be made good from any unappropriated money in the treasury.

court of chancery, altered.

CHAP: IX.

An act to amend the act, intituled Art act for establishing a high court of chancery.

[Passed the 2d of January, 1768]

Rules of prac I. WHEREAS the act. intituled "An act for estice in High tablishing a high court of chancery,” requires amendment. because justice is greatly delayed by the tedious forms of proceedings, suitors are therefore obliged to waste much time and expence, to the impoverishmen of themselves and the state, and decrees when obtained are with difficulty carried into execution: For remedving these mischiefs,

II. Be it enacted, That from and after the passing of this act, the following rules and alterations, explanations and amendments to the said recited act, shall be observed in all cases to which they apply. Whenever any subpoena in chancery is returned executed, the plaintiff shall within three months thereafter file his bill, and if he fails to do so within that period, the suit shall stand ipso facto dismissed, with costs. If the de

fendant does not file his answer within three months after the plaintiff shall have filed his bill, having also been served with the subpoena at least three months before the said time for filing his answer, the plaintiff may proceed to take his bill for confessed, and proceed in the same manner as in the case of an attachment returned executed, or he may have a general commission to take depositions, or he may move the court to bring in the defendant to answer interrogatories, at his election, and proceed on to hearing in the two last cases, as if the answer had been filed, and the cause was at issue: Provided, That the court, for good cause shewn, may allow the answer to be filed, and grant a further day for such hearing. Whenever a general commission shall issue for taking depositions upon answer and replication, six months from the time of the replication shall be allowed the parties for taking their depositions; and either party, at the expiration of the said six months, may set the same for hearing, nor shall any deposition taken after that time be read as evidence on the hearing, except the same was taken

res

end

iou

1 to

en

net

me

Executions

on final de

by consent of the parties, by special order of court, or
out of the state. After obtaining a final decree for
lands, slaves, or money, or things of a similar nature, crees.
the clerk of the high court of chancery, shall, upon
the request of the party obtaining such decree, issue
any writ of execution, either a fieri facias, capias
ad satisfaciendum, habere facias possessionem. or any
other judicial process which may now issue from the
general court, according to the nature of the case, for
carrying the said decree into effect; which writs shall
issue in the name of the commonwealth, bear teste by
the presiding judge for the time being, and be wit-
nessed by the clerk. And all process so to be issued,
shall be executed and returned to the clerk's office of
the high court of chancery, from term to term, on the
return days thereof, by the officer or officers to whom
the same shall be directed, and shall have the same
operation, and possess the same force to all intents and
purposes, as similar process issued from the general
court. The officer or officers to whom any such pro
cess is directed, shall be subject to the like penalties
for misconduct or neglect; and the high court of chan-
cery shall exercise in this, and in all cases relating to
such process, the same powers as if the said process
had issued from the general court, and as that court
could have exercised in a similar case.
But nothing Saving for
herein contained shall prohibit any party from pro- mer remedy.
ceeding to carry any order or decree of the high court
of chancery into execution, in any manner of which
he might avail himself before the passing of this act.
An execution may be taken out in all cases where costs

Executions

Pleas in a

are recovered in manner above mentioned. The high for costs.
court of chancery may, at their discretion, direct an
issue to be tried whenever they judge it necessary,
either in their own court, or in any other court what-
soever, as justice or convenience to the parties may
require. After answer filed, and no plea in abatement
to the jurisdiction of the court, no exception for want batement.
of jurisdiction shall ever afterwards be made, nor shall
the high court of chancery, or any other court, ever
thereafter delay or refuse justice, or reverse the pro-
ceedings for want of jurisdiction, except in cases of
controversy respecting lands lying without the juris-
diction of such court, and also of infants and femes
covert. Any judge of the high court of chancery may of judges.
Vob. XII.

13

Qualification

of court.

qualify and take the appointed oaths of office, either in open court or before the governor and council, and in both cases such qualification shall be recorded in the said court, for which purpose a certificate in the latter case shall be given by the governor of the said qualiAdjournment fication. No discontinuance shall take place in any cause, from the non-attendance of a sufficient number of judges to constitute a court, or for the want of a continuing order in any case. The said court shall be considered as standing adjourned from day to day for the first six days of the term, and from thence to the succeeding term, whenever a sufficient number of judges do not attend to constitute a court; and one judge only being present, he may adjourn the court at any time. The said high court of chancery, or any judge out of term-time, shall have power, for good cause shewn, to allow a petition of appeal, and if necessary, order a supersedeas to stop the execution of any decree pronounced by an inferior court, at any time within three years after pronouncing the same; the party praying such appeal and supersedeas, complying with the terms which the said court or judge shall annex to such order. Whenever an appeal is prayed from any inferior court to the said high court of chancery, or bond is given for the removal of any suit in chancery, in any manner whatsoever, it shall be sufficient in either case, if the said bond or bonds shall be executed by good and sufficient securities, although the appellant or party shall not execute the said bond Whenever a witness or witnesses shall reDepositions, or bonds. taken out of side without the state, the said high court of chancery, or any judge thereof, upon an affidavit of the fact, may award a commission or commissions for taking his, her, or their deposition or depositions, to be directed to any persons he or they may think proper; and such deposition or depositions shall be admitted as evidence, if it shall appear that the opposite party had received reasonable notice of the time and place of taking the same. And whereas it hath been doubted, whether the power of the court of chancery to proceed against absent debtors, can be extended to other absent defendants;

the state.

Absent defendants,

III. Be it enacted, That in all cases whatever, where a suit is or shall be depending in the court of against. chancery, concerning any matter or thing whatever

proceedings

against any absent defendant or defendants, the court may, on satisfactory proof to them made, that such defendant or defendants is or are out of this commonwealth, or that upon enquiry at his, her, or their usual place of abode, he, she, or they could not be found, make any order similar to that which is directed to be made in case of absent debtors, adapting the same to the nature of the case, a copy of which order shall be published in like manner as is directed in case of absent debtors, and thereupon, if the appearance of such absent defendant or defendants be not entered, the complainant may proceed in like manner as if an appearance had been entered. Provided always, That where such decree shall be made, such absent defendant or defendants may at any time within seven years, be permitted to file his, her, or their answer, and to shew cause why the said decree should be set aside, upon which the court may make such decree as shall appear to be equitable. And whereas the present mode of executing injunction bonds is liable to great abuse,

IV. Be it further enacted, That where any injunetion shall be granted, the clerk shall indorse on the Injunctions subpoena, that the effect thereof is to be suspended un- how proceed til the party obtaining the same shall give bond, with ed on. sufficient security, in the office of the court in which the judgment to be injoined shall have been obtained. The party obtaining the injunction shall then enter into bond, with sufficient security, and file the same in the clerk's office of that court in which the proceedings at law were had; and the clerk, shall indorse on the subpœna that the bond is filed. The rules and regulations in this act contained, shall be also observed in the county courts, so far as they apply.

CHAP. X.

An act to amend the act, intuled An act for reforming the county courts, and for other purposes.

[Passed the 5th of January, 1788 j

Proceedings in county

courts reform

I. WHEREAS doubts have arisen in the construction of the act, intituled, "An act for reforming the ed.