Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-03-25

the pares which cases of bills for the pc oI
IT testimony, and bi.,s Tor discovery as aforesaid
shall o. tried aud determined by the court; nd all
which fer the settlement o. accounts as acore-
sand shall be referred 10 cnnInisso or whose d,t,
1t shall be To settle, state and report the same acc,r
ding to the order of reference with am, s,,,cil
ter thought pertinent by hwscifor iculary tcqu
edby either of the parties. After the return OF sucl
crort II either party shuil eXcep. - tho primes
o." which Tie accounts shall appear to have been set
'u ~ slated, and such exceptions be properly TAX
ana me report 50 enormously stated, ard settled In,
court shall either correct the report, or rcco:su
. " WIN proper instructions TO tie same or another
comInis soacr. But no exceptions shall be to;or
10 inc tn;1 or justice of any material fact or item
reported o. stated IN any such report, unless the
party excepting thereto, shall IN plain and coGcs
manner sex form The precise facts or items and acre
iEat they are untrue unjust in form and in suls
lance as reported Gy tic commissioner TO The best nj
ms knowledge belief, and vorify the same by nil
"G'i ahneN"d VI the term at which, or tha first
'Srm after witch any such rNcept ms s!lll d. filed
'he court SHAH require the other party either TO file
an express admission denial in writing TO the res
pcc,Fe allegations IN the exceptions. and without
'uF"cr PeaG'nSs erect The parties TO join e,C.
particular fact or item in dispute between them.
hcse issues snail be set down for trial other Issues
OF fact that they shall be 'rieG by Jury Us soun
thereafter rs may bc But the court may when IN =
such exceptions shall b. flied, at the FIST term
thereafter. remand tho with the report of the
commissioner, to rules To- enable the parties 10 ma m
up The issues IN manner aforesaid 81 prepar them "
trial And rs such part Of The account reportel ne
shall no tc maieraly Elected by the exceptions gthe
same be sufficient 10 give ion the court shall
IN rs discretion render judgment or decree thereon
and award execution. After the trial of the issue
III any such the court shall correct the repor
according II the finding ofhe jury S according any
order judgment, or decree taken thereon end render
inal judgment or decree. In all assignments of dover
and the partition of estates between parceners lint
tenants or tenants III If the title 20 such pro
perry De- not controvcrted or being 50 controvorted
ana having been determined 10 the rights of the
parties to the PARTITION the court shall appoint one
or more; commissioners for that PURPOSE whose ltv
snail be 10 make partition and report thereon, which
report may be- Set aside or confirmed shall be right
IN TIE nal q" al actions and issue oi fact Tie pc rule
evidence of witnesses shall be admitted in prefer
cHCc TO dCpoSiii1ns, ana the Int shall ONLY be ad-
mtled IN the cases and upon the principles they NAV
no" De admitted ana read before Jury III trial al
Jaw. And ~ every case where the object o.the &C
non IS tho recovery OF Judgment for sum of mo-
ney, or for tho 'lc possession Of any lands tene
III MS, ar Entertainments for any specific article of
persona" cSuc &C The alternative value thereof the
Jury ma iad general verdict for either party But
III all other cases If required by the court or either
OF the parties, they shall find specially tic facts in is
sue. Judgment decree shall not be arrested aft ef
verdict for any cause if the verdict be sufficiently
certain To enable The court to render proper iudp-
nCnt or decree thereon. And where any vrri;n,
sha, be sufficiently certain or shall moi coptoi,
all the facts necessary enable the court to render
4 proper judgment or decree. tho eholl at dis
CrotiOn application of either party set Il aside
ana ORDER new trial. shall enter the record or
permit either party enter on the record the add,
tona facts necessary to ba found, and require the
parties Imne lately to make up the proper issues
thereon, remand the rules for that purpose
which issues shall be tired thereafter rs may
be. Bat no such additional issues shall be made or
facts found contrary TO the facts found in the frs,
verdict, After the trial ofsuCh issues the court shan
proceed to render judgment decree on the verdict
and the supplementary verdict in the same manner
as If all the facts had been found by the first verdict
New trials shall be granted for good cause as hereto
fore: and the courts and Judges shall have full mower
to grant wits oi ne Great, to grant Injunction Cor
fraud, accident, mistake othcr proper cause or TO
prevent the committing Of waste 10 enforce the exc
cUt!on OF contracts specific performances, or the
discovery of facts deeds other writings or things;
to gran. and decree any relief, render any iudg-
mcut or drCrcc. and to do and perform all matters
and things IN full and ample a manner under tho
practice hereby established the courts of lazy and
c!Iauccry and he Judges thereof NAV now do and
perform according to the laws and usngcs The Com
murweath
10. The plaintiff. n any bill for the pcrac;uatian
% testimony, for the discovery oil deeds or other
writings things N the possession or power of the
defendant, 70 be used any suit brought, or to be
hrau@ ht between any person or persons other than
the defendant. shall, before filing such BILL make ai
davit that NE allegations Mcreof are true IN Tie best
0f lis iaOgieigc Jehgf; and the plaintiff in any
bill for the discovery Of fraud, for the discover
Of any CauaC Of action, when such discovery shall he
Ngi Tie allegations oJhjs JW are true 10 The best Of
his inovldge Lsiiet, and Ma! he has no testimony
by irich he pr1ge je Sqjd aediiorc and ~ each
ofihc sa;I cases the defendant s!:al BE- required to
answer lie bill on oath. Z full and fair discovery max
ofa sG-h matters & things touching tie allegations
thereof rs shall b. within his knowledge Daring
the progress oi any if the plInll shall find
necessary fer .hc prosecution Of his action to ask
discovery Of any facts, docds, other writings, or
things within the knowledge possession or power OF
the doictdsnt, If such discovery be proper, he may
lie supplemental bill alleging such matters and
calling the defendant for discovery thereof (but
he must make affidavit IN manner and form last above
directed before fling any such billy and the court
shall require tho defendant 10 answer The same on
oath, and full and fair discovery make Of all such
matters and things touching the allegations there.
Of as shall b. within his knowledge: Aud in like
manner. where, during tho progress Of any cause
the defendant shall find IL necessary for his defence
to ask discovery Of any facts, deeds other writ
lngs or things in ;hc knowledge, possession, or
power Of tho pai'tr # such ii, coyrry he proper
he may file a cross bill alleging such matters, and
calling on tn plaintiff for discovery thereof, (but
"a, at in md