the same method as in the county court.

ed, pursuing sued for the discharge of such prisoner or prisoners, as if he, she, or they had been committed on an execution issued out of the county court, except that the sheriff of such county after selling the estate of such prisoner or prisoners, shall return an account of sales, and the money arising thereby, to the clerk of the general court, to be disposed of as is herein before mentioned; and the clerk of the county court shall certify, and transmit, to the clerk of the general court, within one month after such discharge, a true copy of all the proceedings in the court, which shall remain in the secretary's office, with the other papers in the said suit.

Penalty on officers for

neglect of duty.

Penalty on ⚫ officer for

not paying money levied

on execution.

XXXIV. Provided always, That notwithstanding such discharge, it shall be lawful for any creditor or creditors, at whose suit such insolvent prisoner was imprisoned at any time afterwards, to sue out a writ of scire facias, to have execution against any lands or tenements, goods or chattels, which such insolvent person shall thereafter acquire, or be possessed of.

XXXV. And be it further enacted, by the authority aforesaid, That if any sheriff, or other officer, shall fail or neglect to return any writ of execution delivered to such sheriff or officer to execute, to the office from whence the same shall issue, at or before the day of the return thereof, such sheriff or officer shall be fined by the next succeeding general court, or county court, if such execution shall be issued upon a judg ment obtained therein, at the discretion of such court, not exceeding ten pounds current money; which fine shall be to the use of the creditor or creditors at whose suit such execution shall have issued: Provided the sheriff or officer have ten days previous notice of the motion for judgment for such fine: And such sheriff or officer shall, moreover, be liable to the action given, and · the penalty inflicted, for the not returning such writ, by an act of Assembly, made in the twenty second year of his present majesty's reign, intituled, An act prescribing the method of appointing sheriffs, and for limiting the time of their continuance in office, and directing their duty therein.

XXXVI. And be it further enacted, by the authority aforesaid, That if any sheriff or other officer shall make return, upon any writ of fieri facias, or venditioni exponas, that he hath levied the debt, damages, and costs, as in such writ is required, or any part

thereof, and shall not immediately pay the same to the party to whom the same is payable, or his attorney, or shall return, upon any writ of capias ad satisfaciendum, or attachment for not performing a decree in chancery, for payment of any sum of money, or tobacco: that he hath taken the body or bodies of the defendant, or defendants, and hath the same ready to satisfy the money and tobacco in such writ mentioned, and shall have actually received such money or tobacco, of the defendant or defendants, or have suffered him, her or them, to escape, with the consent of such sheriff, or officer, and shall not immediately pay such money, or tobacco, to the party to whom the same is payable, or his attorney; that then, or in either of the said cases, it shall and may be lawful for the creditor, at whose suit such writ of fieri facias, venditioni exponas, capias ad satisfaciendum, or attachment, shall issue, upon a motion made in the next succeeding general court, or court of the county from whence such writ shall issue, to demand judgment against such sheriff or officer, for the money or tobacco mentioned in such writ, or so much as shall be returned, levied on such writs of fieri facias, or venditioni exponas, and such court is hereby authorized and required to give judgment accordingly, and to award execution thereupon: provided such sheriff, or officer, have ten days previous notice of such motion.

Sheriff, his

executors,

XXXVII. And be it further enacted, by the authority aforesaid, That where any sheriff shall have taken the body of any debtor in execution, and shall wilfully or &c. liable for negligently suffer such debtor to escape, and such an escape, sheriff or the person suing out such execution shall &c. die before a recovery can be had against such sheriff for such escape, the person suing out such execution, his executors, or administrators, shall and may have and maintain an action of debt against such sheriff, his executors, or administrators, for the recovery of all such sums of money, and tobacco, as are mentioned in the said execution, and damages for detaining the same: any law, custom, or usage, to the contrary notwithstanding.

XXXVIII. And for settling the method of, and ex- Rules in pediting proceedings in the general court, in chance- chancery ry, Be it further enacted, by the authority aforesaid, That in all such suits the following rules and methods

TT-Vol. 6.

shall be put in practice, and observed, to wit, That the complainant shall file his bill within four days af ter the day of appearance: That upon the complainant's dismissing his bill, or the defendant's dismissing the same for want of prosecution, the complainant shall pay costs, to be taxed by the clerk of the court, for which costs, a subpoena, or other process of contempt may issue, returnable on any return day.

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.

If any defendant shall not appear upon attachment returned, executed, or being brought into court upon any such process, shall obstinately refuse to answer, the complainant's bill shall be taken pro confesso, and the matter thereof decreed accordingly.

The defendant shall put in his answer, to be filed with the clerk in the office, within three months 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 the return of such attachment executed, the complainant's bill shall be taken pro confesso, and the matter thereof decreed: And if the attachment be returned, not executed, such further process of contempt may issue, as is issuable out of the high court of chancery in England, in like cases.

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 any judge or justice of the general court, or before any justice of 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, within two months after the defendant shall have put in his answer: And if the complainant, at the expira

tion of that time, shall neither reply nor file exceptions, the defendant may give the complainant a rule to reply, with the clerk of the court, in the secretary's office; which being expired, and no replication, or exceptions filed, the suit shall be dismissed with costs.

If the complainant's attorney do except against the answer of any defendant, or defendants, as insufficient, he may file his exceptions, and give a rule with the clerk in the office, to make a better answer within two months; and if, before the expiration of such rule, 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 plaintiff may set down his exceptions, to be argued the next succeeding general 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.

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.

And if upon argument the complainant's exceptions shall be over ruled, or the defendant's answer adjudg ed 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. Upon a second answer adjudged insufficient, costs shall be doubled.

If any defendant shall put in a third 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.

Upon adjudging any answer insufficient, the complainant may have one subpoena for costs, and another to make a better answer, or one subpoena for costs, and to make a better answer, at his election. ·

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, and other process of contempt, 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 in proceedings at the common law.

No defendant shall be admitted to put in a rejoinder, unless it be filed within four days after the expiration of the rule to rejoin, but the complainant may proceed to the examination of witnesses.

No rule to rejoin shall be given before a replication shall be filed.

After an attachment with proclamation returned, no plea or demurrer shall be received, unless by order of court, upon a motion.

If the complainant conceives any plea or demurrer to be naught, either for the matter or manner of it, he may set it down with the clerk, to be argued; or if he thinks the plea good, but not true, he may take issue upon it, and proceed to process, giving notice of hearing as aforesaid, and if such plea shall be adjudged false, the complainant shall have the same advantage as if the same plea had been found false by verdict at common law.

If a plea be pleaded, or demurrer put in and over ruled, no other plea or demurrer shall hereafter be received, but the defendant shall answer the allegations of the said bill.

The complainant, a month after a plea or demurrer put in, may cause the same to be set down, to be argued, but if the complainant shall not proceed to have the same set down, before the second court after such plea or demurrer put in, the bill may be dismissed of Course, with costs.

Upon a pica or demurrer argued, and over ruled, costs shall be paid as where an answer shall be judged insufficient, and the defendant shall answer within two months after; but if adjudged good, the defendant shall have his costs.

If any defendant shall obstinately insist on a demurrer, and refuseth to answer, where the court shall be of opinion that sufficient matter is alledged in the bill to oblige him to answer, and for the court to proceed upon, the bill shall be taken pro confesso, and the matter thereof decreed.

Upon any bill filed, and before the defendant puts in his answer, upon oath made, that any of the complainant's witnesses are aged, and infirm, or going