The Newhampshire gazetteer — Exeter, N.H., 1792-06-20 00:00:00, page 1

BE it enabled by the Senate and
House of Representatives in
General-Court convened. That
where bail is given upon melne
process, in any civil action, for
the appearance ot the party to
answer the fait, and to abide
the order or judgment ot the
court that (hall be given there-,
on, every such surety or lore
ties (hall be obliged to facisfy
the judgment obtained againit
the principal,in cale of the p in
cipat's avoidance, and returri ot
'' non est inventus" up >n the ex
ecution, And the party tor
whom the judgment was given,
may have a writ of fare facial
from the court where theoriginal
judgment was rendered against
such surety or fareties ; and in
case no fudicient cause is fliewn
to the contrary,(hall have judg
ment thereon agiind such lure
ty or sureties, for the damages
and costs recovered against the
principal, with additional costs
of suit, and execution fhail be
granted therefor accordingly.
Provided always. That the
surety or sureties in any suit, at
the time of entering up final
judgment against the principal,
or at any time before such final
judgment, may bring the prin
cipal into court, and move to
be difeharged, upon which he
shall be difeharged, and the
court shall order the keeper of
the prison to recive him into
custody, that so his body may
be taken in execution, and his
body shall be holden the fame
time, and in the fame manner,
as though he had been commit
ted on such mefhe process for
want of baih
And provided further. That if
the said surety or sureties fhail
at any time before, feire facias
brought, or before final judg
ment rendered againlt such sure
ty or sureties, bring the princi
pal into court, and move the
court to be difeharged from
such suit, the said court shall
order the said surety to be difr
EXETER, ( New-HampJhire) Printed and Published by HENRY RANLET, at Nine Shillings per annum.
Regulating bad in civil causes.
ft
Newhampfhire
LAWS
° f ^
STATE OF NEW HAMPSHIRE.
An ACT
WEDNESDAY, June.2o, 1792.]
• Faffed Feb. 15, 1791,
charged, such surety paying
down in money to the creditor
the cotts that have already ac
crued in fu^h suit against the
surety. And the said court
fhal! also ordbr the said prin- #
cipal debtor to be committed,
that the creditor may take him
in execution ; and he shall re
main in cultody of the said
prison keeper, unless sooner
difeharged by the creditor,
thirty days. And if the cred
itor shall not within the said
space of thirty days take the
laid debtor in execution, the
prifori-keeper ffiall difeharge
him upon his paying prison
charges.
Provided always. That in all
cases where the surety shall
cause the principal to be com
mitted, after final judgment
rendered against the principal,
and betore fetre facias brought
against the surety, such surety
shall within fifteen days after
luch commitment, notify the
credit m in writing, or notify his
attorney who appeared for him
in the luit, that the principal
Ilarids so committed, in order
that the body may be taken in
execution, and that such plain
tiff or creditor, may not be at
the expence of suing out a
fare facias, against the surety.
/lad be it further enabled, That
no fare facias (hall be served
upon the bail, unless it be done
within one year next after enter
ing up final judgment against
the principal. %
And be it further enaaed,\at
the bail may have his, or their
remedy, by adion on the case,
against his or their principal,
for all damages sustained by
their becoming his sureties.
Puffed Feb. g, 17^.
BE it enabled by the Senate
and House of Representatives
in General-Court convened, That
in the trial of all civil causes,
when witnesses in any such caule
are bound to sea, are old and
infirm, are sick and unable to
appearai court, or live more
than ten miles fiom the place of
trial, their depositions may be
taken by a justice of the pehce.
Provided That if the adverse
party live within this state, or
not living, within this state, but
shall live within twenty miles
of the place of caption, or with
in the like distance from the
For the taking of affidavits out
An ACT
of court.
TH E
And be it further enabled,Thzt
no perlon, interested in any suit
or cause, shall write the testimo
ny of any such witness ; nor
shall any attorney write the
testimony of any witness in his
.client's cause.
And every fegh witness shall
be sworn to teftify the whole
truth, and nothing but the
truth ; and the justice shall at
test the fame, with the time of
the caption, and that the ad
verse party was present, or not
present ; notified, or not no
tified, and if present did, or
did not object, as the case may
be ; and shall also certify the
cause of taking such depositi
on, and shall leal up the said
deposition, and it shall be so
delivered into court ; or o
therwise the justice shall deli
ver the fame with his own hand
to the court.- ,
party proposing to take any
inch affidavit, a reasonable time
previous to the taking such
deposition, a notification in writ
ing, signed by the justice, shall
& delivered to such adverse
party, or left at his ufoal place
of abode ; and in such notifica
tion shall be expressed the day,
Hour and place of taking the
fame.
And be it further enabled, That
all affidavits relating to the
possession of any houses, lands
or tenements, or relating to any
other matter, in perpetual re
memortam, or in perpetual re
membrance of such tranfaftion
or thing, shall be made and
taken before some court of re
cord, or before any two justices
of the peace, one of whom shall
be of the quorum.—And such
affidavit being recorded in the
registry of deeds (which in case
such deposition relate to any
real efface; shall always be the
registry of deeds in the county
where such real estate, lies) a
copy of such record, (the ori
ginal being loft) may be read in
evidence in any court, as occa
fi n may require in such cases,
where the original might law
fully be admitted.
A PHYSICIAN observed to
a clock maker,whofe work
needed amending,that if he was
to make such errors in practice,
it would be attended with the
loss of all his patients. The
man drily replied—goodDodor,
the sun difeovers my faults—
the earth hides yours.
ANECDOTE.
Gazetteer.
[Numb. 51 of Volume 61
LAWS OF THE UNU ED STATES.
An ACT more effectually to
provide for the NattonalDe-
Jence, by eflablifting an uni
form Militia throughout •
the United States.
BE it enabled by the Senate and Hcufe *
of RcpreJeniunaes or the United
Stum ofAmerica,,n Cungre,s afembled.
That each and every free able-bodied
white male citizen of the refpedive
States reticent therein,who is or shall
be of the age of eighteen years, and
under the age of forty-five years (ex
cept as is herein after excepted) shall
severally and refpe&ively be enioled
in the militia by the captain or com
manding officer of the company with
in whose bounds such citizen shall re
side, and that within twelve months
after the passing of this aft. And i;
shall at all times hereafter be the du
ty of such captain or commanding of
ficer of a company, to enrol every such
citizen, as aforefaid, and also those '
who shall from time to time, arrive
at the age of eighteen years, or being
of the age of eighteen years and un- -
der the age of forty, five years (except
as before excepted) fall come to re.
fide within his bounds ; and shall with
out delay notify such citizen of the
said enrolment, by a proper noncom
miffioatd offi:cr of the company, by
whom foch notice may be proved.—
That every citizen, so enroled and no
tified, shall, within fix months there,
after, provide himfelf nith a good
musket or firelock, a fufficient bayonet
and belt, two spare flints,abd aknap.
sack, a pouch with a box therein to
contain not leG than twenty.four car
tridges, foiled to the [bore of his
mufkett or firelcck, cath Cartridge
to contain a proper quantity of pow
der and ball : or with a good rifle,
knapsack, /hot. .pouch and powder
horn, twenty balls failed to the bore
of his riflle, and a quarter of a pound
of powder ; and shall appear so arm
cd, accoutred and provided, when
called out on company days to ex
exrcife or into fervicc, except, tba\
when called out to exercise only, he
may appear without a knapf ck. That
the commissioned officers shall federal,
ly be armed with a sword or a hanger,
and cfpontoon—and that from and af
ter five years from the passing of this
aft, all muskets for arming the" militia
is as herein required,fliall be of bores
Efficient for balls of the eighteenth
part of-a pound—and every citizen so
enroled, and providing himfelf with
the arms, ammunition and accoutre
ments required, as aforefriMall hold
the fame exempted from all suits, dif
trefTes, executions or Tales, for debt
or for the payment of taxes.
Regulations for the Militia.
CONGRESS.
THIRD SESSION.