The Newhampshire gazetteer — Exeter, N.H., 1792-06-06 00:00:00, page 1

AND he it further enabled, That
where on a plea in abatement,the
judgment of the jaftice,or of the court
of common-pleas, as the case may be,
shall be that the writ abate, and the
fame judgment be appealed from,and
the court appealed to mould reverse
the said judgment, the said iaft men
tioned court (hall award the appellant
his fall costs at both couits, and issue
execution therefor, and in case the
fame action was originally commen
ced before a justice of the peace, the
plaintiff may cause the defendant to
be served with the fame process, and
may proceed to trial on the merits be
fore the justice, at a day by the said
justice appointed ;and any attach
ment made on the original writ, in
case the process is renewed, at any
time within three months from the
judgment of reversal as aforefaid,fhall
be and remain good.
And in case the fame a&ion were
originally commenced at the court of
common-pleas, the said court of com
mon-pleas shall, at the next term
thereof, the plaintiff entering the acti
on anew, proceed without any farther
notice to the defendant, in the fame
manner as though no such appeal had
been granted. And any attachment
made,or bail given on the fame writ,
shall in such case be liable and equal
ly refponfible,as though no such appeal
had been allowed, or interlocutory
judgment given.
And be it further enabled,That when
a suit shall be brought against a per
son who is not an inhabitant or resi
dent in this Rate, and no personal ser
vice be made on the defendant, or
when the person against whom any suit
is brought, shall be absent from this
slate at the time of commencing such
fuit,and shall not have returned at the
time appointed for trial, the justices
of the court, before whom such suit is,
shall continue the a&ion to the next
term, and if the defendant doth not
appear at the next term by himfelf or
attorney,the court shall further conti
nue the adion to the next term,unlefs
the plaintiff shall produce evidence
fufficient to fatisfy the court, that the
defendant hath had notice of the suit
or process a fufficient time before such
term, to have appeared at said court ;
and in all such cases, where judgment
is entered up by default, after two
continuances as aforefaid, and no no
tice proved as aforefaid, the proof of
which notice shall always bein writing
and filed in the cause, execution or
writ of feifa shall not issue, until the
plaintiff or demandant shall have giv
en bond, with fufficient furety,in dou
ble the value of the estate, or sum re
covered by such judgment, to respond
the judgment that may be rendered on
aaion of review, brought to reverse
LAWS
of the
STATE OF NEW HAMPSHIRE.
An ACT
Regulating process and trials in
civil causes.
EXETER, (New-Hampfoire) Printed and Published by HENRY RANLET, at Nine Shillings per annum.
Newhampfhire
WEDNESDAY, June 6, 1792.]
[Concluded from our lafl.]
such original judgment, which a&ion
may be brought by the defendant at
any time within one year next after
the rendering such original judgment,
and such plaintiff in review may have
the benefit of all pleas and "advanta
ges that he might have had, had he
appeared and pleaded to the original
suit, the default notwithstanding.
Provided always, that if the plain
tiff in such original suit shall consent
co have the a&ion continued from
term to term,fix terms from the com
mencement of the suit, without any
colls, after the second term, except
for the court, or clerks fees, he shall
not be obliged to give any such bond,
and the defendants shall not be enti
tled to any review.
And be it further ennaed,That no per
son, against whom any action of eject
ment or trespass and eje&ment (hall be
brought in this state, (hall be held to
special bail, but his or her own bail
shall be d emed fufficient : and in a
ny such adion the'writ (hall not be a
bated because all the tenants are not
fued,but those on whom the writ may
be served shall not answer for iuch
part of the premises demanded, as he,
(he, or they claim, which the defen
dant, or defendants (hall distinguish,
and set forth in their plea, and dis
claim the remainder. And if any
(hall disclaim the whole, chiefs the
plaintiff (hall prove such difciaimer's
possession of all, or part of the premi
ses demanded,fuch disclaimer shall re
cover costs against the plaintiff.
And be it further enabled. That in
case of the death of either party, ap
pellant or appellee, before the fitting
of the conrt appealed to, or where any
a&ion is Or (hall be pending in any
court of common-pleas, or fuperiour
court of judicature in this state, and
either party die before final judgment,
the aftion or suit shall not thereby be
abated, but the executor or admini
ftra.or of such deceased party, in case
the cause of adion doth by law sur
vive, shall have full power to prose
cute or defend any such suit, a&ion,or
appeal,to final judgment and executi
on ; and the defendant or defendants
are hereby obliged to answer thereto
accordingly : and the court bofoie
whom such cause may be is hereby
empowered and directed to hear and
determine the fame, and to render
judgment for, or against the executor
or administrator, in the fame manner
as though the adion had been origi
nally brought by, or against such exe
cutor or administrator. And if the
executor or administrator of a-deceased
party,having been duly served with a
feire facias from the office of the clerk
of the court where the fait is pending
fifteen days before the fitting of the
court to which {he fame is returnable,
shall negle& or refufe to become a
party to the suit, the court may ren
der judgment against the estate of the
deceased party,in the fame manner as
if the executor or administrator had
voluntarily made himfelf a party to
the suit ; and in all cases where an
executor or administrator shall become
a party to such suit, he shall on moti
on to the court be entitled to one con
tinuance of course.
And be it further enabled. That if
there be two or more plaintiffs or de
fendants, and one or more of them
shall die, if the cause of adion shall
survive to the surviving plaintiff or
plaintiffs against the surviving defen-
THE
And be it further enaaed, That if a
ny person served with lawful process,
or summons before any court, justice
or referees, to teftify or give a deposi
tion in any case where the fame may
be lawfully taken,and having render
ed unto him or her, the fees by law
established for the travel of a witness,
from the place where such witness lives
or resides, to and from the court or
place where such witness is required to
appear and teftify, or give a depositi
on as aforefaid, and also the fees for
one day's attendance,and at the end of
every day the fees for the next day's
attendance, if such attendance is re
quired,if any such witness shall negle&
to attend, and give his attendance as
long as the fame shall be neceffary,for
the purpose for which he was summon-
And be it further enabled,That where
any person (hall commence an athon
on any judgment obtained before any
justice of the peace, or in any court of
common-pleas, or in any foperiour
court of judicature in this state, upon
which execution might at the time of
commencing such action of debt have
issued, if the court or justice before
whom such action is brought, shall be
of opinion that such aflion is brought
to vex and harrafs the defendant and
debtor, & with design to encreafe the
costs, and that the plaintiff or credit
or might have availed himfelf of an
execution on the fame judgment, in a
manner equally advantageous for ob
taining his demand of his debtor, as
that of a new suit on the fame judg
ment, then, and in every such case,
the court or justice, before whom any
such adion may be brought, shall not
render judgment for costs in any such
suit, in favour of the plaintiff or cre
ditor.
And in all cases where any party
shall die, and the cause of a^ion doth
survive, arid is prosecuted by or against
the executors or administrators, the
attachment made on the original writ
shall be and remain good, in the fame
manner as though such party had net
died.
And be it further enaAed, That the
clerks of the several judicial courts in
this ftate,be, and they hereby are em
powered refpedively, to grant sum
mons for witnesses in all causes pend
in their refpedive courts ; the lum
mons to be directed to the person to
be summoned, and to be made out in
the form by law prescribed.
And every justice of the peace is
hereby empowered to grant summons
for witnesses in all causes, triable or
pending in any court of law or equity
in this state, and in all matters and
causes before the general-court, and
in all causes pending or triable be
fore himfelf,or any other justice of the
peace, or in matters triable before re
ferees or arbitrators, and to grant
summons for witnesses to appear be
fore him at a certain time and place,
to give a deposition in any matter or
cause where the fame may be lawfully
taken ; such summons to be similar to
that to be granted by the clerks of the
several courts,and shall be directed to
the person to be summoned as afore
faid.
dant or defendants, the writ or action
shall not thereby be abated, but such
death being suggested upon the record,
the a&ion shall proceed at the suit of
|he surviving plaintiff or plaintiffs, a
tainft the surviving defendant or de
fendants. .•
Gazetteer.
[Numb. 49 of Volume 6;
LA^S OF THE UNTIED STATES.
ed,or°refufe to teflify and give his de
position if so required, and such wit
ness having no reasonable excuse for
such negled, or refufal, every such
witness so ma&.g default or refufal,
(hall be'liable to the a&ion of the ag
grieved party, for all damages such
party (hall fuftaQ by such default er
refufal. And t!fe: court before whom
any witness is required to appear and
teffify, and every justice of the peace
before whom any witness is required
to appear and teftify, are hereby re
fpefiively empowered to bring any
witness having been duly and law
fully summoned, neglecting or re
fufing to appear and tefbfy,by attach
ment,and if upon examination it shall
appear to iuch court, or such justice,
that such witness had no reasonable
excofe for such negled or refufal, to
fine him for such negl ^l or refufal,the
fine imposed by any court of judicature
not to exceed ten pounds, and the fine
imposed by any justice of the peace
not to exceed forty (hillings, and the
court and justice refpedively may or
der him to pay the costs of attach
ment.
An ACTfor raifng a farther sum
of money for the Protection of
the Frontiers, and for other
purposes therein mentioned
BE it enabled by the Senate and House
of Representatives of the United
States ofAmericarn Congress afrmbled.
That from and after the last cay of
June next,the duties now in force up.
on the articles herein after enuncia
ted and defcribed,at their importation
into the United States,fhall ceafe,and
chat in lieu thereof, there shall be
thenceforth laid, levied and collected
upon the said articles, at their said im
portation, the several and refpedive
rates or duties following :—viz :
Wines, namely : Maderia, ot the
quality of London particular, per
gallon, fifty fix cents : Madeira, of
the quality of London market, per
gallon, forty nine cents : O.her Ma
deira wine, per gallon, forty cents:
Sherry, per gallon,thirty three cents :
Saint Lucar, per gallon,thirty cents :
Lisbon, per gallon,twenty five cents :
Oporto, per gallon, twenty five cents :
Teneriffe and Fayall, per gallon,
twenty cents—All other wines, forty
per centum ad valorem, Provided, thac
the amount of the duty thereupon
shall, in no case, exceed thirty cents
per gallon,.
Spirits, distilled wholly or chiefly
from grain: Os the firft class of proof,
per-gallon, twenty eight cents : Os
the Second class of proof, per gallon,
twenty nine cents : Os the third class
of proof, per gallon, thirty one cents
—Of the fourth class of proof, per
gallon, thirty four cents —Os the
fifth class of proof, per gallon, forty
cents —Os the sixth class of proof, per
gallon, fifty cents.
CONGRESS.
THIRD SESSION.