How the esse, which recognizance shall be in the following Memorandum, That upon the the county of day of E. F. of personally appeared before me, G. H. gent. one of his majesty's justices of the peace of the said county of and undertook for C. D. at the suit of A. B. in an action of now depending in the court of the said county, that in case the said C. D. shall be cast in the said suit, he the said C. D. will pay the condemnation of the court, or render his body to prison in execution for the same, or that he the said E. F. will do it for him. Which recognizance shall be, by the justice taking the same, returned to the clerk, before the next succeeding court. And if the plaintiff or his attorney shall except to the sufficiency of the bail so taken, notice of such exception shall be given to the defendant or his attorney, at least five days before the next succeeding court; and if the bail so taken shall be judged insufficient by the court, the recognizance thereof shall be discharged, and such proceedings shall or may be had against the defendant, or defendants, as if no such bail had been taken; but if such bail shall be judged sufficient, or shall not be excepted to within the time aforesaid, then the same shall stand and be chargeable, to all intents and purposes, as if the recognizance had been taken in court. X. And be it further enacted, by the authority aforeplaintiff'shall said, That where any defendant shall be in custody, proceed the plaintiff may file his declaration, and give a rule against the defendant in to plead, and shall deliver a copy of such declaration, custody. and rule to the defendant, or his attorney, five days. at least before the next succeeding rule day; and if thereupon, and oath made of the delivery of such copy, before any one of the judges of the court of the county where such person shall be in custody, such defendant shall fail to enter his plea upon such rule day, the plaintiff may have judgment, in the same manner as is herein after directed, upon failing to plead in any civil action. What pro XI. And for the better ascertaining what process cess shall is- may be sued out, where the sheriff returns, that the sue where defendant is not to be found in his bailiwick, It is is not to be hereby enacted, That where any sheriff shall make such return, the plaintiff or plaintiffs, in any civil ac a defendant found. tion, shall and may sue out an attachment against the estate of such defendant returnable, as herein before is directed, for the return of original or other subsequent process thereupon, to force an appearance, or an alias or pluries capias, at the election of the plaintiff or plaintiffs; and if the sheriff shall return any goods by him attached, the plaintiff shall file his declaration, and be entitled to a judgment for his whole debt; and the goods so attached ahall remain in custody of the sheriff 'til such judgment obtained, and then be sold and disposed of, in the same manner as goods taken in execution upon a writ of Fieri Facias: And if the judgment shall not be satisfied by the goods attached, the plaintiff may have an execution for the residue. XII. Provided always, That all goods so attached Proviso shall and may be replevied, by the defendant's giving bond and security to the sheriff, or other officer attaching the same, in the same manner as by this act is directed, for replevying goods attached upon an original attachment, or by the defendant's appearance and putting in good bail, if ruled by the court to give special bail. And for the more speedy determination of all causes depending in the said courts: Rules in cau XIII. Be it further enacted by the authority afore- ses at comsaid, That these following rules and methods shall be mon law. observed, to wit, That the plaintiff, or demandant, in any suit, shall file his declaration the day after the court, to which the writ is returnable, which said day is hereby declared to be the day of appearance, to all writs, subpoenas in chancery, and other mesne process, returnable to the said court, and the first rule day after such court; and the said rules shall be continued thereafter, to be held monthly, on the same day of the week on which such appearance day shall be: That if the plaintiff or demandant fails to file his declaration, or to appear and prosecute his suit, he shall be non-suited: That upon every non-suit five shillings shall be paid, besides cost of the suit: That every defendant or tenant shall file his plea in writing; and if he fail so to do, judgment shall be given against him for want of a plea:. when the defendant has entered his appearance, and the plaintiff filed his declaration, the plaintiff may give a rule to. plead, with the clerk of the court: that all rules to plead, reply, rejoin, or for further or other proceedings shall be given regularly, from month to month, after the rule for plead ing is expired, with the clerk in his office upon the days herein before directed; and no rule shall be given between month and month, to the end that all persons by inspecting the rule book to be kept by the clerk for that purpose, may know what proceedings have been, or are to be, in the several causes there depending: that upon the expiration of any rule, judgment by default or a non-suit shall be signed by the clerk in his office, as of the preceeding court, which judg ment shall be final in actions of debt, where the debt is certain; and in other actions a writ of enquiry shall be executed the next court after judgment so signed, the plaintiff or his attorney, giving the defendant, or his attorney, twenty days notice of the execution thereof: that no issue shall be tried the next succeeding court after it is joined, unless twenty days notice be given thereof, by the plaintiff or his attorney, to the defendant or his attorney: If an issue be not tried, or a writ of inquiry not executed, the next court after it is joined, or judgment by default, or interlocutory judgment entered, no notice of trial or executing such writ need to be given; but such causes shall be called and determined, in the same order as they stand on the docket: that when any final judgment shall be obtained out of court, the clerk shall allow a lawyer's fee in the bill of costs, if the plaintiff employed one; which fee is hereby declared, in all cases, to be the same as in causes where judgment is obtained in court: that where a special verdict shall be found, or case agreed, time shall be allowed, upon the motion of either party, to the next succeeding court to argue it: And if any causes shall at the end of the court remain uncalled, they shall be continued of course, by the clerk on the docket, to the next succeeding court, without fee or reward: And no plea in abatement, or of non est factum, shall be received in any cause depending in either of the said courts, unless the party offering the same shall, by affidavit, prove the truth thercof: that where a plea in abatement shall be pleaded in any action, in either of the said courts depending, and upon argument the same shall be adjudged insufficient, the plaintiff or plaintiffs, in such actions. shail recover against the defendant or defendants full costs, to the time of over-ruling such plea, including the costs of that court, a lawyer's fee only excepted; and that the plaintiff in replevin, or the defendant in any other action, may plead as many several matters as he shall think necessary for his defence, so as they be not admitted to plead and demur to the whole. And for settling the method of, and expediting proceedings of the said courts in Chancery. XIV. Be it further enacted, by the authority afore- And in said, That in all such suits the following rules and Chancery. methods shall be observed and put in practice, to wit, That the complainant shall file his bill the day after the court, to which the Subpoena is returnable, or upon the first appearance of the defendant, that upon the complainant's dismissing his bill, or the defendant's dismissing the same, for want of prosecution, the defendant shall recover his costs: the complainant may amend his bill before the defendant appears, or in a small matter afterwards, without paying costs; but if he amend after appearance, and in a material point, whereby the defendant shall be put to any extraordinary costs, such costs shall be paid before the complainant shall be at liberty to amend his bill. The defendant shall put in his answer, to be filed with the clerk in his office, at, or upon the next rule day after his appearance and bill filed, at the expiration of which time, if no answer shall be put in, the clerk upon request shall issue an attachment returnable to the next court; and if no answer shall be put in, upon return of such attachment executed, the complainant's bill shall be taken pro confesso, and the matter thereof decreed; and if the attachment shall be returned not executed, an attachment with proclamation shall be issued; and if upon return thereof no answer be put in, the complainant's bill shall be taken pro confesso, and the matter thereof decreed, as aforesaid. No process of contempt shall issue without oath made of the service of the subpoena, unless the same shall be returned served, by a sworn officer: every defendant shall be at liberty to swear to his answer before a justice of the peace. When any cross bill shall be preferred, the defendant or defendants in the first bill shall answer thereto, before the defendant or defendants in the second bill shall be compellable to put in his or their answer to such cross bill. The complainant shall reply or file exceptions by the next succeeding rule day after the defendant shall have put in his answer; and if the complainant, at the expiration of that time, shall neither reply nor file exceptions, the suit shall be dismissed, with costs. If any bill shall be dismissed for want of a replication, or other proceedings, the court, if they see cause, may order the same to be retained upon motion and payment of costs. If the complainant's attorney doth except against the answer of any defendant or defendants, as insufficient, he may file his exceptions, and enter a rule to make a better answer by the next succeeding rule day; and if on or before the next succeeding rule day the defendant shall put in a sufficient answer, the same shall be received without costs; but if the defendant or defendants insist on the sufficiency of the answer, or neglect or refuse to put in a sufficient answer, or shall put in another insufficient answer, the complainant may set down his exceptions to be argued the next succeeding court: And after the expiration of such rule, or any second insufficient answer put in, no further or other answer shall be received but upon payment of costs: And if upon argument the complainant's exceptions shall be over ruled, or the defendant's answer adjudged insufficient, the complainant shall pay to the defendant or the defendant to the complainant, as the case shall be, such costs as shall be allowed by the court: If any defendant shall put in a second insufficient answer, which shall be so adjudged, such defendant shall be examined upon interrogatories, and committed 'til he shall perfectly answer those interrogatories, and pay costs: If the defendant after process of contempt put in an insufficient answer, which shall be so adjudged, the complainant shall not be obliged to take out a new subpoena, but may go on to the attachment with proclamation, as if no answer had been put in: that rules to plead, reply, rejoin, and for further proceedings, when necessary, shall be given, from month to month, as is herein before directed, for rules and proceedings at the common law. Where the complainant conceives sufficient matter to be confessed, by the defendant's answer, he may set down the cause for, and proceed to hearing, giving the defendant or his attorney ten days notice. No defendant shall be admitted to put in a rejoinder, unless it be filed on or before the next rule day after replication put in; but the complainant may proceed to the examination of witnesses. After an attachment, with proclamation returned, no plea or demurrer shall be received, unless by order of court, upon motion. If the complainant conceives any plea or demurrer to be nought, either for the matter or manner of it, he may |