Circuit Court Commissioner, Judge of a Circuit Court, or (4153.) SEC. 21. The proceedings to effect such surrender, Proceedings to ef shall be as follows: 1. There shall be produced to the officer authorized to accept the same, two copies of the bail piece, upon one of which such officer shall endorse an order that the defendant be committed to the custody of the Sheriff, in exoneration of his bail, which shall be delivered to such Sheriff, and shall authorize him to commit and detain such defendant, until he shall be duly discharged; 2. Upon producing to such officer the certificate of the Sheriff, that the defendant has been committed to, and remains in his custody, by virtue of such order of commitment, acknowledged before such officer by the Sheriff, or proved by a subscribing witness thereto, an order shall be made by such officer, requiring the plaintiff to show cause before him, at such time and place as he shall appoint, why the bail of such defendant should not be exonerated from their liability; 3. Upon producing proof of the due service of such order on the plaintiff or his attorney, such officer shall proceed to hear the allegations and proofs of the parties; and if no good cause to the contrary appear, shall endorse an order on the second copy of the bail piece, briefly reciting the proceedings had before him, and thereby declaring that the bail of such defendant are discharged from all liability as such bail, in the suit in which such bail piece was taken; 4. To such copy of the bail piece shall be attached the certifi cate of the Sheriff hereinbefore required, with the acknowledgment or proof thereof, the order to show cause and the proof of the service thereof; which paper shall be immediately filed in the office of the Clerk of the Court; and until so filed, the liability of the bail shall continue. fect surrender. fendant on Bail (4154.) SEC. 22. When a bail bond shall have been taken on Surrender of dethe arrest of a defendant, the bail therein may surrender their Bond. principal, or he may surrender himself in exoneration of his bail, in the same manner, before the same officers, and with the like effect as provided in the preceding section with respect to special bail. 43 4155. When Bond, etc., executed by officer or 4156. Statute how referred to in action of debt 4157. How to declare in Assumpsit on Statute. Co-Defendant. 4167. Separate actions may be brought as now 4168. Pleas in abatement by joint drawer, etc. SECTION 4170. How action may be severed. mony of a Defendant. 4172. One or more of Defendants may move for judgment. 4173. Judgment upon Demurrer. 4174. What cefects to be amended by Court 4180. In what cases and under what circumstan- 4181. Notice of set-off. 4183. When judgment for Defendant, etc. When Bond, etc., executed by Of the State, suit in the name of the People. Chapter Ninety-Nine of Revised Statutes of 1846. (4155.) SECTION 1. When any officer or agent of this State, ficer or Agent of either by his name, or the name of his office, is or shall be one may be brought of the parties to, or shall have executed, or shall hereafter execute any bond, covenant, contract, promise or agreement, in a matter concerning the People of this State, and in which the said People, and not such officer or agent, is or shall be the real party in interest, it shall be lawful to maintain an action against the other party to any such bond, covenant, contract, promise or agreement for the breach or non-performance of the same, in the name of the People of this State, in the same manner and with the like effect as if the said People, instead of such officer or agent, had been named as a party to, and had executed such bond, covenant, contract, promise or agreement, but no such action shall be brought, except by the Attorney General, on behalf of the People. ferred to in ac (4156.) SEC. 2. In actions of debt, brought to recover any Statute how remoney, goods, or other things received by any person contrary tion of debt on to the provisions of any statute, it shall be sufficient for the Statute. 'plaintiff, without setting forth the special matter, to allege in his declaration that the defendant is indebted to the plaintiff in the sum so received, or in the value of the goods or other things so received, whereby an action hath accrued to the plaintiff, according to the provisions of such statute, naming the subject matter thereof, in the following form: "According to the provisions of the statute regulating the rate of interest on money," or "according to the provisions of the statute against betting and gaming," as the case may require, or in some other general terms referring to such statute. assumpist on (4157.) SEC. 3. If an action of assumpsit be brought for any How to declare in money received contrary to the provisions of any statute, it statute. shall be sufficient for the plaintiff, without setting forth the special matter, to allege in his declaration that the same was received contrary to the provisions of such statute, referring to the same, as prescribed in the preceding section. (4158.) SEC. 4. If an action of trover be brought for any How to declare in goods or other things received contrary to the provisions of ute. any statute, the plaintiff shall set forth in his declaration that such goods or other things were converted by the defendant, contrary to the provisions of such statute, referring to the same, as prescribed in the preceding sections. trover on Stat of chose in action own name, etc. (4159.) SEC. 5. The assignee for a valuable consideration of When Assignee any bond, note or other chose in action, which has been or may sue in his hereafter may be assigned, if the assignor be dead and there be no executor or Administrator appointed upon his estate, or if such executor or Administrator have no interest in the thing so assigned, or shall refuse to prosecute for the same, may sue and recover in his own name upon such bond, note or other chose in action, and the defendant in all such suits, until due notice of such assignment shall have been given, may set up and avail himself of any defence he may have in such action, in the same manner, and with the like effect as if the assignor had been living, and the action had been prosecuted in his name. Action against (4160.) SEC. 6. It shall be lawful for the holder of any bill of makers, endors change, etc. 2 Hill, 188. ers, and acceptors of bills of ex- exchange or promissory note hereafter to be made, instead of bringing separate suits against the drawers, makers, endorsers, and acceptors of such bill or note, to include all or any of the said parties to the bill or note in one action, and to proceed to judgment and execution in the same manner as though all the defendants were joint contractors. Plaintiff may de clare on money note in evidence. (4161.) SEC. 7. The plaintiff in any such action, and in all counts, and give other actions on bills of exchange or promissory notes, may declare upon the money counts alone; and any such bill or note may be given in evidence under the money counts in all cases where a copy of the bill or note shall have been served with the declaration. Judgment may be rendered against ants, and in favor of others. (4162.) SEC. 8. In any such action judgment may be rendered some of defend for the plaintiff against some one or more of the defendants, and also in favor of some one or more of the defendants against the plaintiff, according as the rights and liabilities of the respective parties shall appear, either upon confession, default, by pleading or on trial; and when judgment shall be rendered in favor of any defendant, he shall recover costs against the plaintiff, in the same manner as though judgment had been rendered for all the defendants. How defendants may set-off demands. When verdict or report to be in ants generally, (4163.) SEC. 9. In any such action, any person or persons sued, shall be entitled to set-off his or their demands against the plaintiff, in the same manner as though such defendant or defendants had been sued in the form heretofore used. (4164.) SEC. 10. If, upon the trial of any such action, the favor of defend whole amount of the demands set-off by any or all of the and when to spe- defendants, and allowed by the jury or referees, shall be equal ed each defend- to, or shall exceed the amount of the plaintiff's demand as cify set-off allow ant. Rights, etc., of party to bill or note. proved on the trial, the jury or referees shall find a verdict or make a report in favor of the defendants generally; but if the jury or referees shall allow any demand as a set-off, and shall still find or report a balance in favor of the plaintiff, they shall state in their verdict, or certify in their report, the amount which they allow to each defendant as a set-off against the plaintiff's demand. (4165.) SEC. 11. The rights and responsibilities of the several parties to any such bill or note, as between each other, shall remain the same as they now are by law; saving only the rights of the plaintiff, so far as they shall be determined by the judgment. entitled to testi fendant. (4166.) SEC. 12. In every suit brought in pursuance of this When defendant chapter, any one or more of the defendants shall be entitled timony of co-deto the testimony of any co-defendant as a witness, in all cases where the defendant or defendants calling the witness would have been entitled to his testimony, had the suit been brought in the form heretofore used, and in no other case. may be brought ized. (4167.) SEC. 13. Nothing in this chapter shall be construed Separate actions to prevent the holder of any bill or note from bringing separate as now authoractions against the parties to any such bill or note, in the manner now authorized by law. ment by joint (4168.) SEC. 14. Any action brought upon a bill of exchange Pleas in abateor promissory note pursuant to the provisions of this chapter, drawer, etc. any joint drawer, maker, endorser, or acceptor, may plead in abatement the non-joinder of any other joint drawer, maker, endorser, or acceptor, in the same manner as if such action had been brought in the form heretofore used. be rendered makers, etc., not process, etc. (4169.) SEC. 15. No judgment shall be rendered, or record No judgment to made up against any several drawer, maker, endorser, or against several acceptor, not served with process, or with a copy of the served with declaration, when the suit is commenced by declaration; but judgment may be obtained against joint contractors, some of whom only have been served with process, or with a copy of the declaration when the suit is commenced by declaration, and such judgment shall have the same effect against the joint contractors, as if the action had been brought in the form heretofore used. be severed. (4170.) SEC. 16. It shall not be necessary for the plaintiff How action may to include in the same record a judgment against all the parties to such bill or note, but judgment may be entered against any of the parties thereto, whenever the plaintiff would be entitled to the same if the suit had been commenced against such parties only; and if the trial or hearing of such cause be put off by any of the parties to such bill or note, or if a default shall have been obtained against part of the defendants, the plaintiff may proceed to the hearing or trial against the other parties, in the same manner as if the suit had been commenced against the other parties only, and the action shall thereby be severed. cases (4171.) SEC. 17. In every suit brought upon a bill or note in what pursuant to the provisions of this chapter, the plaintiff shall to testimony of a be entitled to the testimony of any defendant as a witness, in plaintiff entitled defendant. |