Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-03-09

representatives shall have the same rem
edy agains, The estate Of the JGU, as L
gaipsi the estate of the Defendant. Ga
lheft'nrn OF pfnf1es capias, that The de
ienlani Is not found, The court, instead
OF tie process 10 outlawry FORMERLY used,
may order proclamation 10 isSue, warn
ING The defendant 10 appear or a certain
DAY therein named, or thai judgment will
be rendered against him, whiyh procla
nation shall he published on three sue
cesSlve days, at Me door of The court house
of the county or corporation, Ia which
the iaSf process MAS directed, and also
three times IN Some public new spapcr
and u HE defendant failsto appear pur-
shani Ia such proc,aua,ion, The same
proceedings SHALL be had and the same
Judgment shall be given as in other cases
III default. The rules in tie Clrrk s office
OF The county and corporation courts, e
The superior courts Of layv. and the gene
raj court, shall be holden an the iirsi
Monday IN every mur.k. apd u,av lie
continued from day Ia day, mol exceed
10y sir days. Every writ oi cGpi1S ad res
foadeT,dn'n OF scare faciGs. every Summons
to answer any action, an,lrvyrN subpoena
IN chancerS, issued trSm ih"c;rrb's o.iicc
ot any such court, hall he rcturnai,ie, al
he option of tire piaiaLiF. either To he first
DAY OF lie next succeeding term. or tR tic
eis!h obfce TO same previous i'Hie day; and
1T II shall he returned not executed, any
Snhsequen; proper process may issue.
thereGpUn reiurnable IN like manner. All
SUCH process may be executed ~ apy
lime before the return day shalI have
passed. Process 10 bring The represen.
taiive II any deceased parry iuip court,
may be awarded al the rules, In like man
ner as Ia open court. ANY new Issue made
upon setting aside an office Judgment,
unless good cause be shown Tor coniin-
uancc, may bc'ried at tie same tenn. Aud
any writ OF enquiry, awarded at the rules,
may be exee uted az the next succeeding
ceuri, snd final Judgment be rendered
thereupoo, unless good canse be shown
tor continuance. In every action OF
indebitatHs essnmpsit. Ike plaintiff snail JfIc
With his declaration, AN account. Stafins
d,stinctiythe Scve'ai items OF his claim against
tie defendant 4; and in failure tnsIecr h.
shall not be entitled to prove before the
jury any item which Is not Sc plaiuly AID
particularly described IN The declaration.
as TO give the defendant FILL notice of tile
character thereof In every action IN
which defendant shall desire to prove
any payment or set Oh, he shdN file, tcitA
ms plea, al account, stating distinctly the
nature Of such payment ar set of, unless
the same be SO plainly aud parlicu.
larry described, in The plea, as To give the
plaintiff tull notice oithe cI!araetrr,:,rre-
OF. Ne'o trials may hsreafter be granted.
as rel Wherc tie damages are ,namitesily too
small, as where tdey are erces8ioe. In all
personal actions, where The declaration
sh:'ii plainly SET forth sufficient matter oG
substance, for the court 10 proceed upon
Tie merits OF Tie cause, the suit sha!inot
abate for want OF form. No Judgment.
alter the verdict of twelve men, shall
he stayed or reversed, for setting fo,ih
by ~ay Of recital, any matter wiich
ought TO haue been set fo,th bg arer,nent
or fOr not alleging, thot tie s,nt or
matter is within tie jurisdiction of the
court or for not alleging tint tie property
q" TIE declaration mentioned is the pI0DeIfv
It the pini"tiB, or for any nistahe or mis-
conception Of tie form IF the actioa !; or fo,
aay othe' defect sohGtSoerer ia tile deciara
tao" O. pteoding, 'UAethey Of form on sub
stance, Wjtich might hare been takeM adrian
toge Of by demurrer. and which sitaH no.
hare been so taken advantage Of.
100. An act, ''vcsling in Thos. Neon
mel the Commemorative right To certain
real estate therein mentioned"
i6l. An act, authorizing John M
Ryan, an alien, TO acquire and hold Ger
tain real property therein mentioned"
l62. An acI, " 10 reduce into one act.
the several acts concerning the method
OF proceeding asainstGree persons charg-
ed with certain crimes; declaring tie
mode OF proceeding Ell indictments, IN
formations and prosecutions on penal
statutes and tor preventing veXalloua
aud malicious prosecutions, and mode
rating amercenenis," contains HE fol
loving new provisions, among others OF
considerable importance, VIZ the Of
fence OF petit larceny may be tried iiI The
court of the county or corporation in
which such offence was commIitcd. And
TO this end, it shall be The duty oil Tie
examining court, before whom any Oil0n-
der shall be brought. II they think That
lie ought 10 be further prosecuted for the
offence Of peli larceny, aud tina! SUCH
offence is cogniZabie before the court of
Their G unity or corporation, 10 remand
such offender 10 jail, 10 take his trial ac-
cOrdngiN, or 10 take his or her recogni-
zance, with SufJcICLt security, for his or
her appearance on the first ddy of the
neal quarterly term, for such county or
corporation, and TO take tie recOgnizdiI-
ces OF all material witnesses 10 appear at
the same time.
" The mode Of trial shall be BY indici
ment, found by the grand jury of such
county or corporation court, according
10 the rules adopted IN HE superior courts
of law. The sheriff snail immediately
thereupon, summon twelve good aud law
lHl meD, not members of The grand Jury.
and 10 every re- peci qualified as uenire
men, ~ the said superior courts. who shall
constitute a jury fog the trial of suchper-
son. The right Of challenge sliall be the
same as en- other trials for felony.
" The suuerior courts of law in eacL