The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-05-01

action shall be brought to reesf 3aldeb, due on
book accounts, an account static. 4 the parties
q quantum mersit, quantun verer = or for SER
vices done upon an agreed price, uPop.imple
contract OF promise in writing not under sal, the
defendant may file any account he hathn the :
Clerks Office seven days before the sitting f the
Circuit Court Of Gomez Pleas, where tie &C |
ton is brought or if th<sut is before justice Of
the Peace, the accounts shall be filed before the
Justice four days before the day Of trial, and pon
the general issue give the same in evidenc. a.
gainst the plaintiff demand. And if upon he |
trial IT shall appear that there il balance que
to the defendant he shall recover the same 10 he
same manner as ii he had brought his actin
| therefor. And where plaintiff shall at the sane
Court bring divers actions upon demands width
might have been joined in one, he shall recov,r
no more costs than in one action only.
SECT. 20. BE it further enacted, That whei
any person o. persons shall be sued in ejectment
other real action, for any lands, tenements ol|
hereditaments, they shall be holden to answer
for much or such part Of the premises deman-'
ded they then hold are in possession Of
which they shall distinguish and set forth by their
plea. aud disclaim the rest; and il any OF them
disclaim the whole, and the plaintiff cannot prove
the defendants possession of the premises. any
part thereof the defendant shall recover his costs.
SECT. u. Be It further enacted, That in ac-
lions Of waste, ejsctment, or other real actions,
where possession Of the inheritance alledged TO
have descended, 10 the object of the suit the heirs
claiming under common ancestor, may all or
any two or more Of them join therein, each
may prosecute for his particular share of such
inheritance, and the same rule shall extend to
joint tenants who are may be disseized.
SECT. %. Be it further enacted, That in all
actions now depending or that may be hereafter
depending in any Court within this State wherein
the defence intended to be set up by the defend
ant, Is or may be, tina he was a Justice Of the
Peace, Sheriff, Deputy Sheriff or Coroner, or a
town or parish officer, or some other officer, civil
or military, and that the act or thing for which
he is or may be sued, is may be any act or thing
done by him, by virtue or Ia The execution ofhs of
fee, the defendan tmay plead the general issue, <
give the special matter IN evidence upon filing in
the cause brief statement of such special mat
ter of defence within such time as the Court
shall order, of which statement the plaintiff shall
be entitled to a copy, or he may plead specially
at his election.
SECT. %. Be it further enacted, That upon a
judsme ut rendered in any Circuit Court of Com
mon Pleas, that the defendant shall account, it
shall be in the power of the party against whom
such judgment shall hereafter be given, to appeal
therefron, if such party shall think proper, before
the same Court proceed to appoint auditors and
in case no appeal shall be made from the first
Judgment, that the defendant shall account, an
appeal from the final judgment after the cause
has been before auditors, shall not enttle the
original defendant TO try the issue of baif or not
bailiff before the Supreme Judicial Court. but the
first judgment that the defendant shall account
shall remain in full force, and he shall account
accordingly; and in case the defendant shall
not enter and prosecute his appeal from the first
Judgment, tie same upon complaint may be afr
med and auditors may thereupen be appointed
in the same manner they would have been in the
Circuit Court Of Common Pleas, had no appeal
been made from the first judgment.
SECT. "a Be it further enacted, That when
any person against whom judgment shall be Civ
en-, that he shall account, shall unreasonably
refuse or neglect 10 appear at the time and place
assigned by the auditors, or after appearing,
shall refuse or neglect to render an account, the
auditors may certify such refusal neglect to
the Court from which their appointment issued
and the same Court may thereupon cause dana
ges to be assessed, by jury, and enter upjudg-
ment for the damages 20 assessed, with reasona-
bic costs, or they may render judgment against
the defendant as upon default.
SECT. 20 Be it further enacted, That when
ever in any action before the Supreme Judicial
Court or any Circuit Court of Common Pleas, IT
shalt appear to said Courts that an investigation
Oh accounts, or an examination OF vouchers Is
necessary for the purposes Of Justice between
the parties, it shall be lawful for the said Courts
to appoint an auditor or auditors, 10 state the
counts between the parties, and TO make report
thereof to the Court as soon as may be and the
report 50 made shall under the direction OF said
Court, be given in evidence TO the Jury; subject
however, to be inpeached by evidence from Ell
Their party aud the said Court shall award reas-
cuable COMPENSATION To such auditor or auditors.
which shall be taxed ia the bill of costs to be
recovered by the party prevailing in the suit, as
in other cases.
SECT &C. Be il further sse7sd, That the Treat
u'er OF this State, the Treaiurers Of Counties,
town', PARTNER. and other corporations, for the
time 6eiog, be and hereby are authorized and en-
powered, IN their owe names and capacities, re-
tpect'vey 70 commence and psoiecuse 10 fiual
judgment and execution, aoy fsit or futs At law
upon any bonds, notes or othsr iecurities, which
have been or fhali be given to chem or their pre-
decehors in faid capacity aud 10 proieeute 20 final
judgment and execution, any fuits which have
been or fhal be commenced by their fad prede-
csG,rs in fac capacity during their continuance in
ONCE, and pending At the tame Of tllr removal
therefrom.
wrK Of review between the origual parties,
whether ia real or perioual adlon, either Of them
ihs die, his death fhaII, Al the rsauelf Of the at
torDey for either parry be entered upon the records
OF the Court, and ths ssufe fhal tkereupon be
continued, TO the endsthe heirs at Law of fuch
deceaied party or o;her perlon intereGed 10 the
tenemenrs IN qusion, aforefaid, his executors
or adniOiltrators may come into Court, and take
upon them the proiecutIon defence Of the fame
tut TO hnai Judgment And il after . rez(onabe
time, according % the dfcre,ion of the Court gran