The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-02-08
AN ACT rel9ting to the writ Of
Audlta Querela and the proceed.

lngS theTtupOn-
SEC |. Be a enacted By the Senate and TToust
-ofAePresenidtivss az Legislature assembled. Thar
IN al cases where By law writ of Audita Oucr-
els iieth, The same may be sued out in he form
Of writ OF attachment, or a writ of summons.
a. the election Of the complainant And in al!
cases where tue said writ IS Brought tolset aside
or smut sny proceedings hid upon wri, of exc
cuuoni Inc saio writ OF -udita Querela shs be
sued oft ri snn o- r=turra5is 20 the court TO
wh'ca me sad wit Of execution was resurn-
abs ara n al other esses he said writ shall
be sued cat Of and be returuable 20 he Circu,
Court OF Common Pleas 10 be holden in snch
county whereof ono OF the psflies thereto is an
IEhsbilsnt or resident, unless where tbe com
pisinsns - not Al inhabiisni or resident within
this S-sie and u such case the said wit may
be sued eus Ut and re urnabie 10 any Circuit
COurt Il Common Plcss within tins atafe. 49,
the election OF the comnIuinsn..
SEC. 2. Be further enacted. That in slI cases
tho aid writ Of Audits Qderels shall be under
the sesi OF the court out of which the SANG
shall issue slgned by the Clerk thereof, and tes-
Ted oy sae hrs Justice who is not party TO the
same; snd the said writ before the Sc vice
thereof ssaii be endorsed by one or more ofthe
compsalnanss,or by his OF their attorney, by
writing bis CT their n mes on the back thsreaf
liable topsy 10 respondent such cost Is he
shall have final judgment fos, il that suit, to be
recovered by action Of debt
SIC. 3. BE u further enacted, That The said
'Srs' OF Audits Q'efels may be served upon the
adverse party IN the same manner as wriis OF
aE;achmenis or scire fscias are directed BY law
% be served snd upon default Of the respond
ent siier such service without appearance, the
ceast may proceed 20 hear and try ,be same
saitSud thereupon 70 proceed 20 fnsl Judgment
-@nd execution, IN the same msnaer IS 81 law
ahey are authocizsd when he respondent sfte.
appearance becomes dsfaulied. aud in all ca
ses s9Ier he sssd writ is returned served IS
Al0sSzs'ds the Court, N which the suit heseuDou
- pehflags shall have full power to hear and try
me taia Cause, and shereupon 20 proceed q
adsment and execution according as 10 law and
lustlce doth appertsin.
SEcr- 4. BE II fifrfLs~ enocied, That where
&c saidswrit OF Auiits QuersIs shah be issued
the lsru ct writ Of sttschment with sum
ms, or BY original summons, they shall be ia
SIN presc bed b, law.
SECS Re IL furfher enacted, That the officer
whom such writ Ofattschment is directed, shall
ivesue same power and authority aad be under
same Obligations BY virtue Of said writ, to at
b the body OF the respondent or his goods, or
&C. ashs hath or Is under by virtue Of any 9TH
- " oetHGhWent tGeH out pUr. uant 10 tue
- afthis State and iohim directed aud in the
&c manner and under the same restrictions and
salationss as are by law provided in other cases,
- body Of toe respondent shall b. holden 10 bail
the goods, or estate go attached be fable to
AIKEN IN execution.
&C. D. 81 Il further enacted, That where the
ialainant IN any writ OF Andita Gusrela NAV
nFsuoseqneut actisu At law, recover of the
<fnt sDy recompesce in damages OF other
G. the wrongs done him by the service Of
} execution for the setting aside aud aanuilips
e proceedings upon which the said writ of Au-
aaerela. Is brought, in ell such cases the CON-
aas nay have tue same remedy upon his writ
dta Q1erele and in his declaration therein
eslsre for it's same recoRpense IN damage,
erwise, and judgment shall be rendered am
tion issnc ihereuPon accordingly.
rs Z. BE = further enacted That the general
p ~ actions prosecuted On writs cf ADULTS