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pear, it shall be dismissed: if he appear, and the defendant does not, it shall be heard and a decree rendered according to the claim and proof. Either party, on timely application, may set aside his default, on such terms as the court shall impose.

XVII. At the hearing of every cause, the complainant's counsel shall furnish to the court a brief containing a succinct statement of the material facts stated in the bill, answer, exhibits and testimony; the points raised, and the authorities on which he intends to rely. If he fail to furnish such brief, he shall not be heard in argument.

XVIII. A final decree shall be called in question before the court rendering it by bill of review only; and shall never be impeached by original bill, unless on the ground of fraud.

XIX. The clerk shall keep a rule-book, in which the solicitors shall respectively enter all motions for re-hearing, and motions to set aside orders or decrees made for want of answer. The entry shall be sufficient notice of any such motion. The motion for re-hearing must be made at the same term at which the decree is rendered. A defendant must, at the time of entering a motion to set aside an order or decree made on his default, file with the clerk a full and sufficient answer.

XX. Any bill for discovery, in aid of a claim or defence at law, being ancillary to the common law proceeding, shall be filed therewith, and disposed of when the case at law is called.

XXI. Where a suit at law and a bill in chancery are instituted for the same claim or demand, the defendant, on suggestion supported by affidavit, may move the court to inspect the records, and if it appear that the two suits are for one and the same cause of action, it shall be ordered that the plaintiff elect in which he will proceed, and that he dismiss the other.

XXII. In cases which may be revived by scire facias, on suggestion of the adverse party to the clerk in vacation, he may issue a scire facias to bring in as parties, the representatives of such as may have died pending the suit.

XXIII. The sessions of the clerk as master in chancery, shall be held at his office, unless by consent of parties he appoint a different place. He shall determine as to the time and duration thereof, and issue all notices to the parties interested in his investigations.

XXIV. Exceptions to testimony admitted by the master, must be taken before him, and certified in his report. If not so taken, the exception is waived.

XXV. The clerk shall conduct all sales made under decree of the court, unless the decree otherwise direct, and the court shall fix his compensation therefor.

XXVI. The rules of practice in chancery in England, so far as consistent with the laws of this state and the rules made under them, shall be in force in cases not provided for by these rules.

SUPREME COURT, JULY TERM, 1830.

Ordered, that the foregoing rules be recorded, that they become operative after the first day of January, 1831, and supersede all the rules of practice heretofore adopted by this court.

A copy of the rules and of the order relating thereto.

HENRY MINOR,
Clerk of the Supreme Court.

NO. II.

AUTHENTICATION OF THE ACTS, RECORDS, AND JUDICIAL PROCEEDINGS OF THE OTHER STATES, &c.

Constitution of the United States. Article iv. Section 1.

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the congress may, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effect thereof.

Act of Congress, of May 26th, 1790.

"To prescribe the mode in which the public acts, records, and judicial proceedings, in each state, shall be authenticated so as to take effect in every other state."

SEC. 1. The acts of the legislatures of the several states shall be authenticated, by having the seal of their respective states affixed thereto :1 the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.

66

Act of Congress, of April 27, 1804.

Supplementary to the act entitled, An Act to prescribe the mode,'
[The act of May 26th, 1790. Supra.]

"", &c.

SEC. 1. From and after the passage of this act, all records and exemplifications of office books, which are or may be kept in any public office, of any state, not appertaining to a court, shall be proved or admitted in any other court or office in any other state by the attestation of the keeper of the said records or books, and the seal of his office thereto annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county or district, as the case may be, in which such office is or may be kept; or of the governor, the secretary of state, the chancellor or the keeper of the great seal of the state, that the said attestation is in due form, and by the proper officer; and the said certificate, if given by the presiding justice of a court, shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand, and the seal of his office, that the said presiding justice is duly commissioned and qualified; or if the said certificate be given by the governor, the secretary of state, the chancellor or keeper of the great seal, it shall be under the great seal of the state in which

1 See "Judicial Proceedings at Common Law,"-§ 144, page 284.

the said certificate is made. And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.

SEC. 2. All the provisions of this act, and the act to which this is a supplement, shall apply as well to the public acts, records, office books, judicial proceedings, courts and offices of the respective territories of the United States, and countries subject to the jurisdiction of the United States, as to the public acts, records, office-books, judicial proceedings, courts and offices of the several states.

INDEX.

NOTE. What relates to the Militia, will be found alphabetically arranged under the
head-"Militia."

ABANDONMENT.

By husband or wife for three years, shall entitle the other party
to a divorce,

130

By husband for any length of time, and living in adultery with
another woman, shall entitle w fe to a divorce,

ib.

By husband or wife for five years, (not known to be living,)
shall exempt the other party from the penalties of a second
marriage,
ABATEMENT.

107

When the cause of action survives, suit shall not abate by the
death of either plaintiff or defendant, but the executor or ad-
ministrator may be made a party,

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259

The action of trover shall survive for and against executors and
administrators,

ib.

ib.

Suits brought for the use of another, shall not abate by the death
of the nominal plaintiff,
Where one or more of several joint plaintiffs or defendants die,
if the cause of action survive, the death may be suggested on
the record, and the suit proceed for or against the survivors,
Where any one dies pending a writ of ad quod damnum, his
executor or administrator may, on motion, revive the pro-
ceedings,

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Trespass quare clausum fregit, and for injury to personal
property, may be revived by the plaintiff's representatives as
actions on contracts,

Suit commenced by a feme sole shall not abate by her marri-
age, if the husband will make himself a party,

On marriage of feme sole defendant, her husband may be made
a party by sci. fa.,

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Suit commenced by administrator ad colligendum not to abate
by appointment of administrator in chief, but to progress for
his benefit,

ib.

260

ib.

ib.

ib.

178-9

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On death of executor or administrator, suit shall continue for or
against their successors,

183

Process issued or executed irregularly, may be abated by plea,

278

ABATEMENT, PLEAS OF.

Must be sworn to unless their truth otherwise appear,
On plea overruled, plaintiff entitled to full costs up to the time,
ABSENCE.

276

277

Of county officer from the county for four months to vacate his
office,

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Of member of medical board, at two successive annual meetings,
to vacate his office,

100

339

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Of apportioner of hands for two months, to vacate his office,

ABSENCE-Continued.

and judge required to fill vacancy until meeting of commis-
sioners,

Absence of husband or wife-See "Abandonment."

ACADEMIES-See "Schools and School Lands."

358

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Before the fact to murder, rape, arson, robbery and burglary,

To burning out-house, grain, &c., before the fact,

how punished,

After the fact to do.

To grand or petit larceny,

To counterfeiting,

To forgery,

To robbery or larceny of bonds, bills, notes, receipts, certifi-
cates, &c.

To horse, ass, or mule stealing,

may be tried before conviction of the principal felon,
Free person abetting or counselling slaves in actual or medi-
tated conspiracy, insurrection, or rebellion, punished with
death,

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Slaves accessory to any capital crime before or after commis-
sion, punished with death,

Concealors of stolen goods, how punished,

ACCOUNT, ACTION ŎF.

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To lie between administrators; and executor and residuary le-
gatee,

ACCOUNT, IN CHANCERY.

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Matters of account may be referred to the clerk by the chancel-
lor in his decree, or before a hearing,
Parties may establish items not exceeding $10, by their own
oaths, unless disproved,

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Clerk's report may be appealed from on ten days' notice to op-
posite party, stating the grounds of appeal,

ACCUSED.

Privileges of, in criminal prosecutions,

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Do. on examination before justices of the peace,

ACTIONS POPULAR.

Collusive discharge no bar to bona fide plaintiff,

Bail and costs allowed in qui tam actions,

Citizen of a county not incompetent as a juror, by reason of his
interest in the penalty sued for,

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114, 119
116 & note.

120

51,274

274

ACTS OF ASSEMBLY-See "Laws."

ADJOURNMENT-See "Courts" and "General Assembly."
ADJUTANT, AND ADJUTANT-GENERAL-See "Militia."
ADMINISTRATORS-See "Executors and Administrators."

Private acts may be given in evidence from the printed statute-
book, without being specially pleaded,

283

ADMIRALTY.

Proceedings to enforce lien on vessels,

Do. for condemnation of slaves unlawfully imported,
AD QUOD DAMNUM.

Writ of, may be revived by plaintiff's representatives,
ADULTERY.

Punishment for living in,

390

398

260

108

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