Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-02-27

Galnot the ueIen0anS or elS executor or
administrator 70 shew cause generally
why the action Or suitshould not be pros-
ecuted 70 . final judgment OF decree |;
and IL the executor or administratcr upon
ths return Of scire facias executed shall
mt enter an appearance, the court may
proceed 10 . 6nal ;jadS ment Of decree Is
ifthey had appeared. And ifthe exccu.
tor o. administrafor shall appear upon Tie
return Of de scirs Jacias executed. or
without I. sciye facios, voluntarily enter
himselfa defendant, in either case be
may plead df n0oo any plea whishan exc.
cutof Of adminissrator may lawfully
plead ,oE o the deceasea pafty n,iflit
have pleaded. And IL such executor or
administrster should NOT wish 70 plead
IL nov6, Of II no issue should have been
joined b pleadings entered before the
death of his testator or iutestaie, or &c 4.
ny interlocutoFy Judgment -or decree
should, have been entered in the lifetime
Of the decedent and the executor or ad.
.ihinistrator shail refuse to plead OF NOT
desire toset aside the inteflocutory Iudk-
iaent or decree, the court shall proceed
20 final Judgment or decree for or o.
gainst the executor or administrator 10
the same manner % ifthe original writ
had been issued against him ~ such.
And the cause shall remain in its place
onthe issue or appearance docket, ~ the
easesIhay be ; but Tn defendant, being
an executor or admihistrstor, shail be
entitled 20 . continuance 70 the next term
after tkatto which . scirsJ Sjas shall have
been returned executed, ar ct which !
voluntary appearancswss catered u Pro-
vided, tthatno executor OF administratur
shall be liable % answer any debt a. dam
ages out Of his own estate, beyond die
assets which may have cone 10 bis hauds,
ID eonsequence of any false, pleading,
mispleading, or nonpleadjng, Ia any &C
sion now depending or hereafter 10 be
brought. Nothing in this act shall pre-
vent the court in which any such suit is
tried from rendering judgement n hereto
fore, when il shall Be found that the de-
PENDANT halh salieiept a1tets, or for SO
much 40 shallbe found tobe ID his hands.
All acts contrary hefeto are repealed.
tTocommence from the passing.
40. Anocs % amfnd an att rea:seing into
! sas ihs seseraiacts conserving the cotrs
OF Apbens. &c -ssz.s. 49, >, y s'E,,
The vacancy oecasisned BY the pesil-
maiden Of Paul csrrington. Esq. = NOT
tobs supplied q and the court 10 toacon;
sist Of i jndges ill smother vacancy shall
occur AFTER which =it 10 20 consiss Of
three. As the seat Of = Judge becomes
vacant, his salary i to be equally divided
among The remaining Judges, who areto
hold three terms in year, the frst to
commence on the 1sto January.and con.
tinus IS days, the setaad on the LIST Of
June, to continue So days, and the third
on the 5th Of October, 10 continue Is
days, nnless ths bSsiness At either term
Is sooner decided. III " - :
!. No appeal % forthcomine bond 10
hereafter 20 Be allowed, fromsa District
Court d commonlaw or chancery !; but
.aWrit Of error or superssdeas may be
awarded q heretofore. except that in
no case shall IN appeal or writ Of error
be granted IN ofen court,
~. An az ooneerniaG fhe tsoeEed;nRs in
g.. ss-s ehancery, &c. = -
The Judges Of The chancery district
courts ma, jim vacation, direct in accoun.
b BE taken. and decide any points on
which the commissionsr NAV doubt but
6ithout Arguments Of counsel. excent by