Western Sun, Volume 1, Number 23, Vincennes, Knox County, 9 March 1808 — Page 4

Extract from ibt hw regulating the Prac

tice in the General court and court of

Common Pleas mihiltrators, or if there fliall not be a certiflcate of probate oradininifhaticn granted.

a 1 . . t . . . K rti ft m rrl trrnvttfV lr. A

IIJV.II 11 llltiy lv- tuiuuuiv.u Minimi 1113 WllvlUC " T and a writ of fieri facias, may in cither which fuch court is hcld and 110 counfelMrA iw imri Wnt tVi nin;ntilnr iUnii lor or attorney at law. fheriff. under fherifV.

VtllL HIMVMt -rtV UIV 'liltl 111 Itlllll UU' ' , ' - jeft to the fufliciency of the bail, during the bailiff or other perfon concerned in the exfitting - of the court next fucceeding, to ecution of procefs, fliall be permitted to be

which tne writ is returnable, in the office, v"1 uau 111 u,uuu.

on the firil fecond or third rule day, and at

fpeclal batlj in any aeMon, unlcfs 'lie be a

hoiifcholderyand relident within this I erntory, and of fufficient property ; if the writ or procefs iflue out of the General court, or if it iflue out of any court of Common Pleas, unlefshe be a houfcholder, of fuffi

cient property, and relident in the county ii

ul.it next lucccccnnir icrm : ami o wm

in all cafes, where the bail fliall be ndindff. C0l,rt 5 lhc plaintiff; lhali file his declaration

ricnt. and uukment enteral a Jin the Clerk's office, at the next fcceeding

o-nnO QK-tnr u r rule dav. after the defendant fliall have en-

medy againft the eflate of the bail, as a- red his appearance, (unlcfs the parties gainft the ellate of the defendant. ,ha11 othenvife agree, as mentioned in the

fecond fection of this law) or the defendant

J 4. And every judgment in the office may then cntera-rule for the plaintiff to de-

againfta defendant, and bail, or acainft a c,are 5 which if he fads or neglects to do,

f pipnr nnr mri Mr.if nm k An7 r m iiu.iuuttcui in iu c ui v : ur 111:111 ul anv

miiu iiivi uif limit U L. I UllliC, 11. w ---- v the defendant at the fucceeding court, hall lefailto profecute his fuit, he fliall be

oe auowea to appear without bail, put in uu"-ulltu auu pay 10 incueicntiam, or tenrmnA Un U'mrr -fiUl A r. ' ants, befides his cofts. three dollars, where

lnmfelf in cuflody, and fliall plead to iffue hls pIace of ?bode is at the diftance of

immcuiateiy ; ttie court lhali regulate all o- fcWtMlJr cuic5ur unuer, irom me piace ther proceedings in the office, during the of hoJdin5 tne General court, or court

preceamg vacation, ana rectify any mif- 1 icua, anu w ncrc u is more,

takes, or enors, which may have happened1''41 ma 1U1 cvcr Inuc a"o e iweiuy

9. One month after the plaintiff lhali

have filed his declaration, he may give a

therein.

1 S. - a uAw , illW piNlliklll AJldjr , A. A. 1 A 1 1 I

nencline. xvl.irl, flmll hP tmnfmlfrt K th cmcr micriocuiory juagmcnt, lor ftis debt

nerfon taking t!ie fame, hnr tl M. ?rda"iaScsand.ad 'e court at the

J 7 "Vi w ilbAt I.. I " . n 11.1 -

fuccceded court, to the Clerk of the faid T r r uS ' tn,ereuPP ProceecI tf court, to be filed with the papers in fuch ac ?.fucth daa8cs; as f" find UP

tion; and it the plaintiff or his attorney, c a ."'""VV wu nave rcany fliall except to the fufficienrv nf tl hnil lullainecU and thereupon enter up final judg-

defendant in all other anions may plead as many feveral matters, whether of law or fa,as he fliall think neceffary, for his defence.

J 14. The clerk fliall proportion the caufes upon the docket, from the fii ft day of the court to the twentieth both inclutive, if in his opinion fo many days will be expended in trying the caufes ready for trial, and iffue fubpoenas for witneffes to

attend the days, to w hich the caufes fland

for trial : he lhali docket the caules in or.

der as they are put to iffue, and no caufe

fliall be removed from its place, on the doc

ket, unlefs where the plaintiff at the calling

of the fame, fliall be unprepared for trial, in

which cafe, and in no oilier, fliall the caufc

be put at the end of the docket.

15. All anions of trefpafs, quare clau-

fum fregit, all anions of trelpafs, detinue, anions fur trover, and replevin for taking

away goods and chattels, all anions of ac

count, and upon the cale, othtT than fuch

accounts' as concern the trade of merchan

dize, between merchant and merchant, their fadtors or fervants ; all actions of debt

grounded upon any lending or ' contradt, without fpeciality ; allafliohsof debt, for

arrearages cf rent ; all anions of affault,

menace, battery, wounding and imDrifon-

ment, or any of them which fliall be fued or brought, fhall be commenced , and fued

within the time and limitation hereafter ex.

preffed, and not after ; that is to fay ; the faid actions upon the cafe, other than for flander, and the faid adlions for account-

and the faid a&ions for trefpafs, quare clau-

lum Iregit, within five years next after the

caufe of fuch aftion or fuit, and not after .

ana the laid. actions ot trefpafs, of affault battery. woundincrJ imDrifonmpnf' nr ontr

w i k - J Ull w

of them, within three years next after the caufe of fuch aftion or fuits, and not after . and the faid a6tion upon the cafe for words within one year next after the words fpo-

Ken, ana not aiter.

Ieaft ten days, previous to the day on which , " 16Ti uuSientv ana man pay fuch exception fliall be taken, and if fuch , T ' !u aJverfe JPart cofls he bail fliall be adjudged inefficient by the as bee" at thus far, or fo much thereof, as court, the recognizance thereof fhall be the C1Urt " JuJge reafonable.then the

f i r. varrreri. nnr! irh nrnrppr nic flill U it uucuudiu 10 uave mc

had ; as if no fuch bail had been taken ; the , -day ,n COU,rt', 33 lf hlS defauIt hud

rvrvi n urhinh : 1 1 11 I a 1 I ' w twvuv.ut

m xmhu lcvjuiiiuiiuc mail dc in me

.follow ing words, to wit :

$ 10. All rules to declare, plead, reply,

rejoin, or for other proceedings fhall be given regularly, from month to month; fliall

be entered in a book to be kent for thru

purpofe, and fliall expire on the fucceediny

rule aay.

county, to wit : memorandum that upon the day of in the year E F, of the county of perfonally appeared before me, fone of the

;'VmiCCS l No plea in abatement fhall be ad.

I, -r I X ' . ' . Uy mitted or received, unlefs the party offering

..i-r.-V-r. r" :J',".1 u"u"-te lame, mall prove the truth thtrenf l

ion of ' 5' m 3- ath 0r affi"ion, as the cafe mav require,

the (naminr the court where the fuit is dc-ln" ' " i". lUm m by i,,c

ilurn iK.ii J1, ""rr; uu,Kr or grantor ol a

deed, fhall be admitted or received unlefs

the truth thereof lhali in like manner be

pending) that in cafe the faid CD, fhall be

cuit in the aid fuit, he, the faid C D, will

r-, ?e Proved by oath or affirmation.

v.. ,nut, ma uuuy to pruon, in execution for the fame, or that he the faid L t, will do it for him.,

J 6. The perfon takinir 'fnrli nc n

forcfaid, fhall, if required at the fame time,

12. And where any perfon, other than

the obligor fhall be defendant, fuch defen

dant fhall prove by oath or affirmation that he or fhe verily believes, that the deed on

r , vvil,"ul t uie lame iiniej t. t . r . deliver to the nerirm r i 'iWlllcn tile action is iotinflecL

ledgmg the recognizance aforementioned a' perlon charged, as the obligor or bail piece, in the words and ibrm followinR:srantor thercof' in u hich mentioned

to wit : caie, me pica ot non elt tactum, fhall not be admitted or received, without fuch oath

county to wit : C D, ofor affirmation, and where a plea in abatenforefaid, is delivered to hnillment fhall unon arcument he fminl ;r,r..(T:

on a cepi corpus, unto E F, of the county pent, the plaintiff fhall recover full cofls to

uiuiuiuiu, ai uic 11111 oi i u, me i bvltne time oi over or ru hnc: fueh nln n r,.

16. In all aflions. upon anv bond, o-

any penal fum for non performance of covenants, or agreements, indenture, deed or

writing contained, the plaintiff or plaintiffs,

may aiiign as many breaches, as he or they may think fit ; and the jury unon the trini

of fuch action oraftions, fliall and mav nf-

fcfs damages for fuch of the breaches as the

plaintiff fliall prove tb have been broken and on fuch verdift, the like judgment fliall be entered, as heretofore has ufuallv been

done; and where judgment on a demurrer

or oy conleltion, or nihil dicit, fhall be giv. en for the plaintiff, he may aflicrn as mnnv

breaches of the covenants or agreements as he fliall think fit; upon which a jury fiiall be fummoned to enaifire into th

truth of every one of thofe breaches, and tr

aflefs the damage the plaintiff fhall have and execution fliall ifinf

for fo much, and the judgment fhall remain asafucurity to the plaintiff his eveenmrc

and adminiftrators, for any other breaches

which may afterwards happen, antl he or they may have a fcire fadias againfl the de fendant, and affign any other breach and thereupon damages fliall beaffeflefL nnl

edition iflue as aforefaid ; and in any ac lions which may be brought upon any

uonu or oonus lor the payment of moncv,

uiiliciu mix piainun mail recover, judgment fhall be entered for the penalty'of fuch ,

of

in the year

r. No perfon fliall be permitted to be

years fee excepted.

J 13e The plaintiff in replevin, and the

PBOM THE TRESS OF ELI Hf STOUT, Printer to the Indiana Territory.