Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-03-25

the pares which of bulls for the perpetual ion
OF testimony, and bills for discovery aforesaid,
shall o. tried and determined by the court and all of
Whlch cases Tor the settlement of accounts alore
said shall be referred TO commissioner whose duty
II shall be to settle, state, and report the accor
ding to the order OF reference, with any special mat
ter thought pertinent by himself particularly requ-
red by either OF the parties. After the return Of such
report If either party shall except to the principles
on which tic accounts shall appear to have been set
tied, d stated and such exceptions be properly taken
and the report enormously stated and settled the
court shall either correct the report, or recomit
II with proper instructions to the same or another
commissioner. But no exceptions shall be taken
to the truth Justice of any material fact or item
reported or stated IN any such report unless the
party excepting thereto, shall in plain and concise
manner set forth the precise facts or Items and eue
that they are untrue UNJUST in form and in subs
lance reported by the commissioner to the best of
his knowledge or belief, and verify the same by afi
daVlt annexed. At the term at which, or the first
term after which any such exceptions shall be filed
the court shall require the other party either to file
an express admission denial in writing to the res
pec,We allegations IN the exceptions, and without
further peadngs direct the parties TO ioin on each
particular fact or item in dispute between them
Ihese issues shall be set down for trial as other issues
fact that they shall be tried by Jury as soon
thereafter as may be But the may when any
such exceptions shall be filed, or at the first term
thereafter. remand the with the report of the
commissioner, to rules to enable the parties to make
up the issues IN aforesaid IL prepare them for
trial And as TO such part of the reported
shall nothe materially afIeced by the exceptions the
same be sufficient to give urisdc ion the court shall
IN It's discretion render judgment decree thereon
and award execution After the trial of the issue
IN any such case, the court shall correct the report
according to the finding of the jury s according to any
order, judgment, decree aiken thereon and render
final Judgment or decree. In all assignments of dover
anu the partition of estates between parceners Joint
tenants or tenants in if the title to such pro
perty be rot conroverted or being so controverie ed
and having been determined to the rights of the
parties to the PARTITION the court shall appoint one
or norescommlssoners for that purpose whose DUTY
shall be maxi partition and report thereon which
report may be set aside or confirmed shall be right
In se ra of all actions and issue of fact the parole
evidence of witnesses shall Re admitted in prefer
ence to dispositions. and the later shall only be ad-
mtted IN the eases and upon the principles they may
now be admitted and read before Jury III tr.al at
law And IN every case where the object ofthe ac
ton is the recovery of judgment for sum of mo-
ney or for the title or possession of any lands tene
ments or heredtaments or for any specific article of
personal estate or the alternative value thereof the
jury may find general verdict for either partv Rat
In all other cases If required by the court or either
OF the parties they shall find specially the facts in is
sue Judgment or decree shall be arrested after
verdict for any if the verdict be sufficiently
certain to enable the to render proper indo
ment or decree thereon. And where any verdict
shall not be sufficiently certain or shall moi contain
all the facts necessary TO enable the court TO render
proper Judgment decree, the court shall at dis
erection, application of either party set it aside
and order new trial. shall enter on the record or
permit either party to enter the record the add,
onal facts necessary to be found, and require the
parties imme lately to make up the proper issues
thereon or remand the case to rules for that
which issues shall be tried thereafter as NAV
be. But no such additional issues shall be made or
facts found contrary to the facts found in the first
verdict After the trial of such issues the Court sba
proceed to render Judgment decree ON the verdict
and the supplementary verdict in the same manner
as all the facts had been found by first verdict
New trials shall be granted for good cause as hereto
FORE and the courts and Judges shall have fl poyver
to grant writs of Great, to grant Injunction FIR
fraud accident mistake, other proper cause or to
prevent the committing of waste to enforce the exc
cutlon OF contracts specific performances or the
discovery of facts deeds other writnrs or thnus
to grant and decree any relief, to render any iud-
ment or decree, and to do and perform all matters
and things in as full and ample manner under the
practice hereby established as the courts of law and
chancerHand the Judges thereof may now do and
perform according to the laws and usages of the Com
monwealth.
10. The plaintiff, IN any bill for The perpetuation
of testimony, for the discovery of deeds or other
writings things IN the possession or power of the
defendant, to be used in any suit brought or 10 be
brought, between any person persons other than
the defendant, shall, before filing such BILL make aft
davit that the allegations thereof true to The best
Of his knoDgEedge 5elisf; and the plaintiff in any
bill for the discovery OF fraud, for the discovery
of any cause of action when such discovery shall be
proper, shall, before fling the same, make affidavit
That Tie allegations gfhs bill true to tie best or
his kno,0!edge bstts and that he has no testimony
by 0ich he prOUe the said allegations; and in each
ofthe SAID cases the defendant shall be required to
the bill on OATH 81 full and fair discovery max,
of all such matters things touching the allegations
thereof, shall be within his knowledge During
the progress Of any cause, if the plaintiff shall find it
necessary for the prosecution Of his action to ask
discovery of any facts deeds, other writings or
things within the knowledge, possession or power of
the defendant if such discovery be proper, he may
file a supplemental bill alleging such matters and
calling on the defendant for discovery thereof (but
he must make affidavit in and form last above
directed before fling any such bll,) and the court
shall require tho defendant to answer the same on
oath, and full and fair discovery make of all such
matters and things touching the allegations there
of, az shall be within his knowedge And in like
manner, where. during the progress Of any cause,
the defendant shall find it necessary for his defence
to ask discovery of any facts Deeds or other writ
IDgs, or things in the knowledge, possession, OF
power Of the plairtf If such discovery be proper
lie may file cross bill alleging such matters, and
calling on the plaintiff for discovery thereof fbut
he must make affidavit in manner and form last above
directed before fling such b and the court shall
require the other party TO answer the same on OATH
and full and fair discovery make of all such matters
and things touching the allegations thereof as shall