Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-29

answer shall be taken for true and testimony what
ever shall be admitted TO controvert II: And such
supplemental bill cross-bll either shall
be read before jury, empanneed to try the issues of
fact, In the cases wherein such bill shall have been
hed, unless the answer shall admit discover some
fact facts, material and proper go before the jury,
and then only such part parts OF any such bill and
answer shall DO read, as will enable the jury to un.
dersand the fact facts admitted discovered No
bill OF injunction shall be filed unless affidavit be
made OF the truth OF the allegations in the form first
bove directed in this secon and the defendant shall
not be required 10 such bill oath, unless a-
davt be made thereto in manner and form secondly
bove directed in this section, to apply TO all some
one, material allegations OF the bill, aud
such al egations the defendant shall answer oath
and iu and fair discovery make OF all such matters and
things touching the said allegations shall be within
his knowledge.
IL. The said superior courts shall have the same
jurisdiction concerning mills roads, wills aud letters OF
administration public debtors, whether sherfs or others
and caveats, the former superior courts OF law had
allowing the person entering such cdreGt TO retain
certified copy thereof from the register to the
court Office within sixty days from the entering such
edvedf and the said court shall hear and determine all
controversies relating TO the same Provided That
VIRUS OF hdoeds corpus, error, spersededs, nardds
anu cefttoTdft, anu controversies concerning mills roads
wills, letters OF administration capeas shall not
heard and determined in the said superior courts unless
such wri, OF error, supcrsedets, mandamus, cero
rar relate TO some record proceeding wi hin the
county corporation for which such court IL held or
the persoo praying the habeas corpus, the mills
roads, or lands ior which the caveas have or
be instituted, be within the same, or the wills or let
ers Of adncisaton be able by the court of the
county or corporation in and for which the said superior
court 10 held, or the court OF corporation within
The county except those in which il is may be
o'h'r~i'e particularly provided by act of Assembly.
10 That all acts and parts OF acts in force for
tbs limitation OF actions, shall under the practice and
the forms of proceeding hereby authorised and estab
lhed, tie construed to apply TO the causes OF actions
epectvey as heretofore aud shall have same force
and effect, as if this act had not been passed.
l6. The process, practice and course Of proceeding
In the said superior and exercise of all the u.
rdcon transferred to them from the for mer supe rlor
cours OF law and former SUPERIOR OF chancery,
shalt a, nearly as may DO, nutatis mutdnds, be con-
formed nth the practice and regulated by the lave re-
gulating the proceeding Of the said former superior
courts Of law and chanecty, except Tar aud such
manner, as the same are changed aud altered in this
act.
IT. The rules in the clerks Offices of tho superior
courts shall be holdsn the fitst Mondoy in every
h, AMI may he continued om day day, no, ex.
ceedng six days Every writ Of cdpias dd respondent
dun or scire JdciGs, and every to answer
any acon suit, Issued from the clerks office OF any
such court shalt be returnabe, the option of the
plaintiff either to the frs, day OF the succe eding
erm or in the clerks office 10 previous rule days
ard, II it shall be returned executed, any subse
quent proper process may issue ihereupon,
in like manner. All such process may be executed
at any time before the return day shall have passed
Process, TO bring the representative or
OF eny deceased party into court, may be AWARDED at
he rules in like manner as in open court.
lS The plaintiff sh 81, file his bill in the clerks office
on the rule day at which the writ other process
be returned executed or, the defendant wing enter
cd his appearance, may give rule for the plaintiff to
hle his BILL which, if he fail neglect do the
next succeeding rule day, or shall any time fail TO
prosecute his action suit, he shall be n-sued;
hut person shall be n-sued Tor any other cause
without his consent. When the plaintiff has filed his
bill he may give rule to answer with the clerk; and
II the defendant shall not answer accordingly, at the
expiration OF such rule, the plaintiff may enter judg-
meni decree for the subject the ciion and costs
aud have writ OF enquiry, reference to q commits
soner, as the may require and the next term
The court shall proceed thereon shall be proper and
any reference be properly taken, appoint a commits
sonsr for tho purpose OF settling, stating and
thereon, or direct the to a master comm,s
Tor that purpose.
10. All rules to file bills answers repIication, or o.
Their pleadlngs or proceedings shall be given
rom month to month, shall be entered in book 10 be
KEEP, for the purpose, and shall pre on the sue
ceetng rule day. And dscontinuanee OF any cause
81 all take place for failure to take any rule or
Tor leading rein, bat the shall stand as il
continued until properly proceeded in, until the pro
ceedipg shall be amended set aside or the suit dis
missed for the want OF proper amendment.
70 The court shall have control all proceedings
in the Office during the preceding vacation may cor
rect any mistakes or errors which may have happened
therein and may for good shewn set aside any
oil the said rules or proceedings and make such order
concerning the same as may be just and right and in
all other respects the rules aud the dockets in all mat
tiers in the said superior shall be taken and kept
in like the rules and dockets are now taken
and kept in the Offices and by the clerks of the county
and corporation Orders publication against
absent Defendants where such publication shall be pro.
per- and orders TO proceed in the names of the repre-
sentaves OF deceased parties may be entered at rules
in the clerks offices of the respective courts subiect IN
the control of the court
2l Every answer other plea, or such part of any
answer or other plea shall put the consideration
execution OF any deed in issue, the making of any
DILL or note or the assignment of any such deed bill
or note, shall be verified by oath or affirmation before
the same shall be received or filed.