The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-05-01
PORTLAND. (MAINE) TUESDAY. MAY !, 1921.

an inhabitant Of this State that sach copy Of said
writ or summons was left with said defendant Or
defendants, or at his sr their last and usual place
OF abode, in such The plaintiff plaintiffs
may have their writ Of execution seizin, in the
same manned as though the said defendant or
defendants had appeared in raid Court and made
answer in said action, without such bond being
given in manner aforesaid PROVIDED also, that
no real estate taken in execution, granted upon
such first judgment shall be conveyed by such
plaintiff OF demandant, until the expiration ofthe
sad one year, or after new trial brought within
the said space OF one year.
Sect. 3. Be asJurfhsr enaessd, That all orig
NAL writs issuing out Of the Supreme Judicial
Court or Circuit Court of Common Pleas, or from
a Justice Of the Peace, shall before they are
served, be endorsed on the back thereof by the
plaintiff plaintiffs, of them, with his
christian and surname, he or they are inhabi-
tants Of this State, or by his or tho.r agent or
attorney, being an inhabitant thereof; and where
the plaintiff is not nhabtant this State, the n
his writ hall be endorsed in manner aforesaid,
by some responsible person who ia inhabitant
Of this State, provided that the Court may upon
melton 10 consideration that the agent or attorney
who Endorsed the writ. is net OF ability for the
purposes hereafter me ntioned, order that the
plaintiff shall procure new indorser, and such
new indorser shall be held in the same ma nner
as if the Endorsement had been made before the
writ was served and unless the plaintiff shall pro-
cure such new ndorser when directed thereunto
by the Court he shall become nonsuit tut no costs
shall be awarded against him. And the plaintiffs
agent attorney who shall so indorse his name
Ipon original writ, shall be liable in case Of
he avoidance or inability Of the plaintiff to pay
he defendant all such COTS a. he shall recover
aud to pay all prison charges that may happen
where the plaintiff shall not airport his action.
SECT. g. Be 1t further enacted, That when the
plaintiff and defendant both live within the State
all personal or transitory actions shall be brought
in the county where one Of the parties lives.
Aud when action shall be commenced
IN any other county than as above directed, the
writ shall abate, and the defendant shall be al
lowed double costs.
SECT. 10. BE ii further enacted, That any To-
cal or transitory action against the inhabitants
OF any county IN this State, in their corporate ca
pacity may be commenced and prosecuted to final
Judgment and execution, either in the county
where the plaintiff ia such action lives, or In the
| county against which the action shall be brought
at the plaintiffs election, and anv local or trans
| itory action in which the inhabitants Of any
| county shall be plaintiffs, may be commenced and
prosecuted to final judgment and execution, in
| the county where the defendant in such action
shall live. unless the defendant shall be an in.
| hatitant ofthe same county, in which case the
| action may be commenced and prosecuted IN
| either the adjoining counties.
SECT. IL. Be IL further enacted, That when any
corporation shall be party in any action com.
menced by or against the inhabitants of any
county in this State in their cooperate capacity,
the action shall be commenced and prosecuted to
final judgment and execution, in one Of the coun-
ties adjoining the county interested in the same.
SECT. IL. Be 1t further enacted, That any local
or transltory action against the inhabitant of any
county by any plaintiffs belonging to such county,
shall be commenced and prosecuted to final
judgment and execution 10 such county, or in an
adjoining county at the plaintiffs election.
SECT. Is. BE at further enacted, That any local
or transitory action by the inhabitants of one
county against the inhabitants of another county
shall be commenced and prosecuted to final
judgment and execution in an adjoining county.
Sect. Ia. Be ii further enacied, That no action
shall be entered at any Circuit Court of Common
Pless after the first day of the sitting thereof :
PROVIDED nevertheless, that where. by an inevita-
bic misfortune or accident, the plaintiff shall be
prevented from entering his action upon the first
day Of the sitting Of the Court, he may upon ma
king the same appear to the Court, enter his
action at any time before judgment is given for
cost to the defendant.
SECT. Is Beat further enacted, That when any
defendant shall be duly served with process, and
return thereof shall DO made into the Court where
the same is returuable, and he shall not appear,
by himself or his attorney, his default shall be
recorded, and the charge in the declaration shall
be taken aud deemed to be true, and the Court
shall thereupon give such damages as they shall
find upon inquiry that the plaintiff shall have
sustained, unless the plaintiff shall move to have
jury to inquire into the damages, in which case
the Court shall enter up judgment for such dam
ages the jury shall assess: PROVIDED nsuerthele,
That if the defendant shall come into Court at
any time before the jury is dismissed, and shall
pay down to the adverse party the costs he has
been at, thus far, or much thereof as the Court
shall Judge reasonable, then the Court may admit
the defendant to have the same day in Court, as
if his default had never been recorded.
SKcr. 16. Be ii further enacted, That no sum-
mons, writ, declaration, plea, process, judgment
or other proceedings IN the Courts or cur sc Of
Justice, shall be abated, arrested, quashed, ad-
judged insufficient or reversed, for any kind Of
circumstantial errers or mistakes, when the per-
son aud case may be rightly understood by the
Court nor through defect or want Of form only
aud the Court, on motion made, may order a.
mepdments but shall not allow costs, or grant
contnu; nee in consequence thereof.
SECT. IL. Be further enacted, That when any
plaintiff shall in any stage Of his action become
nonsuit, or discontinue his suit, the defendant
shall recover his costs against him, and in all
actions, as well those Of quitam others, the
party prevailing shall be entitled TO his legal
costs.
SEC. Is. Be Il further enacted, That in all
actions OF trespa.s quare clausum iregit
brought, wherein the defendant shall in his plea
disclam ali right, title and interest the land
in which the trespsss by the declaration sup