Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1814-03-03


on the trial of such suit, commission, TO
take the deposition Of such witness. may
be obtained on application TO the clerk OF
the court in which such suit Is pending
and such deposition, taken with reasona-
| BILE notice, shall be read as evidence on
| the trial of such suit 8. that, hereafter,
not less than majority of the whole
number of the judges of the general court
shall constitute court for the transac-
| ton of business in term time: and 10.
! that the general court shall have power
to award writ OF error in any criminal
case wherein final judgment shall have
been pronounced, by any superior court OF
law conUicting any person of any crime
of misdemesnor and for any error appa-
rent on the record, to reverse such iudg-
ment, and render such other judgment,
or remand the cause. and direct a new
trial and order such other proceedings there
in, as the nature of the case may require
and to enable the person convicted to ap
ply for a writ of error, the superior court,
on his application. shall postpo the final
execution of the judgment, for reasona
bic time, beyond the next term OF the
general court, not exceeding, IN any ease,
thirty days after the end of such term.
An act, concerning Executors and Ad
mlnlstrators," passed Feb. 9TH, 1914, and
taking effect from the passing thereby pro
vides !. that, when any person shall have
heretofore recovered, or shall hereafter
recover any judgment against executors or
administrators, III their representative char
acter, and, upon execution Issued, it Shall
be returned that there are not found, in the
possession of said executors or administra-
tors, sufficient assets of the tes.ator or in.
testate to satisfy the whole, or any part, OF
such Judgment (costs excepted } the plant
iff may, Immediately bring his actions
against the executors or administrators, and
their securities, upon the bond for the
performance of their duties in which &C
ton, the defendants may plead any plea, or
pleas, and, in support thereof, offer any
evidence which would be legally admissible
IN an action suggesting devastavit; 2 that
In any cause, whether at law or in equity,
appellate or original, when the judgment
or decree shall be re..lereI against an eve ,
cutor or administrator, full costs shall be
taxed against him, including an attorneys
lee; IN the same manner as costs are taxed
against person suing or sued in his own
right. If he be defendant, the judgment,
Or decree, for costs shall, as heretofore, be
levied of the goods and chattels of his
estator or interstate in his hands to be
administered, if SO much thereof be
ound, if not, then of his own proper goods
md chatteIs" 1.-The be plaintiff, it sha be
'to be levied only of the goods and
= 40 q of g IL L..
)" unless the court shall be of
opinion that, in the prudent discharge of
MS official duty, he ought not to have
brought the action: and, if the court shall
be Of that opinion they shall render jndg
ment or decree for costs, 6 to be levied of
the goods & chatte!s of the testator or intes-
tate &c. fnot, then of his own proper goods
and chattels" But this act is not to be con
strued to take away, or abridge the ordi
nary discretion of court of equity over
the subject oil costs. 3. Various regulations
are made to remove doubts which have
arisen in the construction of the 35th sec
ton of the act of 1892, on the subject of
executors, &c. and to amend that section
(see Revised Code, LIST Vol page 1867 The
most important of these is the following On
the petition OF a security OF an executor or
tie court shall have full
power to order, either, that. counter secu
rity shall be given or that the executor
or administrators snail execute new bond
with good security, in penalty not less
than the penalty OF the first bond exe,ut ed
by him, for the faithful discharge of his
duties, and payable, in like manner, to the
judge or judges, or the sitting Justices
which new bond shall have rotation bAc;,
to the time of granting probat, or letters
of administration, & shall be Is 6fectua'. ia
every respect, as if it had beer execut.
ed before such letters Of probat had been
granted. Upon the execution of such new
bond, the securities to the former bond
shall be discharged from the obligation
thereof, except only as to such matters
for which an action against them may
be then depending: but this provision is
not to exonerate, in any manner, the secu.
rites ia bonds executed before the nassaoa