Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-03-31

or e he Mead ovei to any such pleading, filed at
tor the per;od 90 limited, it shall be considered
"a . waiver Of his right, aud he shall not after
wards have such Judgment, unless upon rule
nisi. giving to the adverse party such time 70 ME
such pleading, as the Court shall, under the cir
Src. 8. And be it. further enacted, That, In
all cases upon bond, bill, note, or account or
other causes of action of similar KIND, Id winch
JUDGMENT by default shall be entered against the
defendant, it shall and may be allowed TO the
plaintiff, instead Of proceeding before jury 10
ascertain the real amount due, to refer the same
to an auditor. who, upon notice to the attorney
If the defendant, if any such there be on the
record. otherwise, ex parte, shall examine the
proofs in the case, and, upon ascertainlng the
amount DUE to report the to the clerk OF SAID
Circuit Court, upon which final judgment shall
be entered and execution issue as in other cases,
unless exceptions shall be thereto filed within
ten DAYS after the said attorney, iany such there
be, as aforesaid, is notified of the filing of said
report, and if there be no such attorney, then
without such notice. And the said court is here
by authorized and empowered to appoint one
auditor in each county, whose duty it shall be to
perform all the duties properly referable to an
auditor. and who shall receive such allowance ior
his services as the court shall direct, either by
general or special rules, which said costs shall be
included in the taxed costs in the case, and re-
coverable as such.
Seq. 9. find be it further enacted, That, subse-
quent to theretur of the capias ad respondendum
in any cause, the defendant may render himself,
or be surrendered in discharge OF his bail, either
before or after Judgment: Provided, That such
render be made within four days after the return
of the first scre facias against the bail, returned
scire feel, OF of the second, returned nlhll, and
that in either case, the bail, or the said defen-
dan, shall pay the costs of the said sclre facias,
before an exOneretur shall be entered and, II
the plaintiff shall proceed by action of debt upon
the recoenizance, such render or surrender shall
be made during the the term to which the pro-
cess against such bail shall be returned executed;
and in this case also the costs of the said action
shall be paid before the exoneretur shall be en-
tered
Sec. 10. find be 1t further enacted, That
such render or surrender Of the principal, II
made in term time, shall be made in open court,
or, if made in vacation, before one OF the Judges
of said court, upon reasonable notice thereof to
the plaintiff or his attorney; and the said court
or Judge before whom it is made, shall make an
entry or minute thereof, and of the commit
ment which shall thereupOn be made, unless the
plaintiff shall waive the same; and the defendant
Shall forthwith be committed to the custody OF
the marshal, who, or his deputy, or the jaier,
shall be in attendance at the time of such rem
der or surrender; and when such render or sur
render and commitment shall have been made in
open court, the clerk shall, upon the payment OF
the costs as aforesaid, forthwith enter an exoner-
etur, upon the recognizance or bail piece; and
if made as aforesaid in vacation, upon filing the
said certificate of said judge, the exoneretur
shall be entered as aforesaid, and the said bail
shall forthwith be discharged.
SEC. IL. find be it further enacted, That the
said Circuit Court, at the said terms prescribed
and directed by the first section Of this act, shall
hear and determine all and every issues in law,
motions for new trial, or in arrest Of judgement,
which shall or may be pending, and all and every
such matters and things as are not property and
necessarily to be done on the trial OF the issues
in fact, and as Incidental thereto.
Sec. 10. .4,,d be 1t further enacted, That, on
the trial of the issues in fact, as herein before
provided, it shall be the duty of the Judge be-
fore whom the same shall be tried, to take full
and accurate notes of the evidence which may
be given, so that, upon motion for a new trial,
the same may be submitted to the Circuit Court;
to note all matters and points of law which may
be reserved for the opinion of the court at bar
to sign all and every such bills of exceptions as
may be legally rendered upon the trial but no
party who shall have taken any such bill of ex-
ception to the opinion of any judge, shall have
the benefit of the same exceptions upon any
writ of error to the Supreme Court, unless he
shall first have moved the court at bar for new
trial, upon the same grounds contained and set
forth in said bill of exceptions, and the decision
of the Judge before whom the cause was tried,
shall have been sustained by the said court at bar.
And all motions for a new trial. or in arrest of
Judgment, shall be made and entered, and the
reasons therefor filed, at the same term at which
the case shall have been tried, and within four
days after the verdict or Judgment nisi shall have
been rendered, or taken less than four days be-
fore the expiration of said term in which case,
the same shall be made ana filed within the first
four days of the next succeeding term of the
Circuit Court to be held in the same county and
no judgment shall become final, unless entered
by consent, until the expiration of said periods,
respectively.
Sec. Is. find belt further enacted, That all
judgments, orders, and proceedings, at the said
terms, so as herein before prescribed to be hold