jasue to county in State. the the judges of our supreme court, (or judges of our court of of Sec. 7. Where the complainant shall make several defendSubpoena may ants to his petition, who reside in different counties in this any State, the clerk of the court in which the same is filed, may issue subpoenas into the several counties, in which said defendants are supposed to reside, directed to any proper officer therein, who shall serve and return the same: and in cases where any or all of the defendants reside out of this State, the When defend complainant may cause personal service of a subpoena, with a the State, notice copy of the petition; or he may cause notice of the pendency may be personal of the petition, containing a summary statement of the object or by publication and prayer thereof, to be published six consecutive weeks, in ants reside out of some newspaper printed in the county where the petition is filed, if there be any, and if not, in some newspaper printed in this State, of general circulation in the county. Sec. 8. The service of a subpoena, or other process for apMode of serving pearance, shall be by delivering a copy thereof to the defendsubpoena or oth- ant, or leaving one at his dwelling house, or usual place of er process., abode; and the officer or other person serving the same, shall ⚫ indorse on the original, the time and manner of service: and when the service is made out of this State, the return shall be verified by oath or affirmation; and upon return of service of the process, or due proof of notice having been given as aforesaid, the defendants shall be considered in court. different titles Sec. 9. The complainant may insert as many defendants in Caimants under his petition as he may think proper, though they claim under may be deferid different titles; but if any of the defendants disclaim, he shall ants to same bill. pay their costs, except when the court, for special reasons, may of heirs are unknown, how to proceed. otherwise decree. Sec. 10. In cases where it shall be necessary to make the When the nanies heirs of any decedent, defendants, and the names of all, or part of them, are unknown, and the complainant annexes to his petition an affidavit, of his want of knowledge of the names or residence of such heirs, proceedings may be had against them, without naming them, and the court shall make such order in relation to notice, as they may deem proper. Sec. 11. In cases where the title to, or boundaries of Suits concerning land, or contracts concerning lands or tenements, are drawn lands to be in the in question in chancery, and any or all of the defendants are county where non-residents of the State, suit may be prosecuted in any coun the land líes. ty where the land lies, and the court shall direct the manner of giving notice to the absent defendants. Sec. 12. When either party shall have been called on for a Answer to bill discovery under oath, and the facts as to which the discovery of discovery, is prayed, are afterwards submitted to a jury; the answer put shall go to jury. in as to such facts, shall be laid before the jury in the same manner, as in issues directed to be tried at law, by a court of chancery. con. ing in different Sec. 13. In all suits in chancery, which may be brought for Petitions the foreclosure or redemption of any mortgage, or for the fore- cerning lands ly.. closure or specific performance of any contract in writing, for counties in what the sale or incumbrance of any real estate, and the real estate court filed. described in such mortgage or contract in writing, shall lie in different counties in this State, the complainant may file his petition in the supreme court or common pleas, in either of the counties in which such real estate may be situated, and the court shall proceed therein; and any order, interlocutory or final decree made in such suit, shall be enforced by process, directed to the sheriff or other officer of any county, in which any part of said real estate is situated: Provided, That any decree rendered in any such suit, shall not operate in any oth- tice out of the er county than the one in which it is rendered as notice, except county fill re where a certified copy of it shall be recorded in the recorder's office. Decree not no corded. Sec. 14. Any person having the legal title and possession of, Persons having lands, may file a petition against any other person, setting up a title and possess claim thereto; and if the complainant establishes his title to ion of land may compel other said lands, the defendant shall be decreed to release his claim, claimants to reand to pay the complainant his costs, unless the defendant in lease. his answer, shall disclaim all title or claim to such lands, and offer to give such release to the complainant; in which case the complainant shall pay to the defendant his costs, except for special reasons, the court shall otherwise decree. ant in suit pend fects. Sec. 15. When a suit at law, for the recovery of money or Bill may be filed damages, for any cause of action which would survive to, or against the debtagainst, the personal representative of the plaintiff or defend- or of a defend. ant; or whenever a suit in chancery, for the recovery of a spe- ing, or person cific sum of money or damages, shall be pending in either of holding his ef the courts aforesaid, against a non resident defendant, or against a resident defendant, who has, during the pendency of said suits, either secretly departed out of the jurisdiction of the court, or secreted himself or property within the same, so that the ordinary process of law cannot be served on either, and there should be any person or persons, resident within such jurisdiction, who is, or are indebted to, or has in possession, goods and chattels, rights, credits, moneys or effects, belonging to such non-resident, or secreting defendant; the said plaintiff at law, or complainant in chancery, may file a petition against the person or persons so indebted, or having in his possession the goods and chattels, rights, credits, moneys or effects, issue. of such non-resident, or secreting defendant, annexing an affidavit of the truth of the allegations therein contained, and of the amount of the debt or damages by him claimed; and the Injunction may court may, in their discretion, enjoin such other person or persons from paying over, conveying away, or secreting such debts by him owing to said non-resident, or secreting defendant, or his goods and chattels, rights, credits, moneys or effects, until the final judgment at law, or decree in chancery, can be had in such former cause: and the court, on final hearing, shall make such final order or decree between the parties, as they shall think just and equitable. Equitable inter Sec. 10. In all cases where judgments at law, or decrees in chancery, have been obtained, and rendered against any perest in land, stock Son, and the debtor has not personal or real estate, subject to in banking and levy on execution, sufficient to satisfy said judgment or decree; other companies but has any equitable interests in real estate, as mortgagor, action, &c. sub- mortgagee, or otherwise; or any interest, shares, or stock, in jected to the pay any banking, turnpike, bridge, or other joint stock company; or ments and de- any judgments or decrees, or any money, contracts, debts, or debts, choses in ment of judg crees, Proceedings in relation thereto. choses in action, due to him, or which may become due; or moneys, goods, and effects, in the hands or possession of any person, body politic or corporate; the same may be subjected in chancery, to the payment of said judgment or decree, and applications may be made to the courts of chancery, in the county where such judgment or decree was reudered, or where said lands lie, to subject any or all of the herein before enumerated interests, to the payment of the judgment or decree aforesaid, according to the usual course of proceeding, and known usages of courts of chancery, and the said court shall decree sales, and enforce all necessary transfers and conveyances, to vest in any person purchasing, or taking under such decree, all the right, title, and interest, of the said debtor, in the interests sold, or the subject of the decree, at the time of the service of process in such case, to be held in the same manner such debtor held Equities in land, the same: Provided, That the sale of all equitable interests in real estate, shall be conducted in all respects, in the same manner as is provided by law, for the sale of real estate, in the “act regulating judgments and executions." how sold. Defendant to Sec. 17. The defendant shall file his plea, demurrer, or anplead, answer or swer, to the petition, in the clerk's office of the court where days after ap. the cause is pending, in sixty days next after the term to which pearance term, process is returned, "served;" or to which the defendant has or decree confesso. pro been notified to appear, unless the court allow further time: and if the plea, demurrer, or answer, shall not be filed as aforesaid, the petition shall be taken as confessed by the defendant; and the court may thereupon decree, or in its discretion, remay be exami- quire, the production of proof from the complainant; or exaned under oath mine him under oath, touching the premises, causing the examination to be reduced to writing, and filed with the papers Complainant in the cause, and thereupon make such final, or other decree, as to them shall seem just and equitable. Sec. 18. When a plea is filed, and the complainant con- Issue may be t ceives the same to be good, though not true, he may reply, and ken on plea. take issue upon it, and proceed as in case of answer. Sec. 19. If the defendant file a demurrer and answer, the Demurrer complainant shall not proceed on the answer, till the demurrer disposed of. has been argued or disposed of. first swer received Sec. 20. If the plea or demurrer be overruled, no other Plea. &c. over. plea or demurrer shall be thereafter received; but the com- ruled, decree pro plainant's petition may be taken as confessed, and the court confesso, or anshall proceed to decree thereon; or in their discretion, they on affidavit of may receive an answer on affidavit of merits, and that such merits. plea or demurrer was not filed for the purpose of delay. by whom paid, Sec. 21. If the plea or demurrer be allowed, the complain- Costs on plea, & ant shall pay costs; and if overruled, the defendant shall pay them. to be filed. or Sec. 22. The complainant shall file his exceptions, or a re- Replication plication, within thirty days after the time limited for filing an exceptions, when answer, if such answer be filed in time; or on failure thereof, such cause shall stand for hearing on petition and answer. Costs upon exSec. 23. If the exceptions of the complainant be overruled, ceptions, by he shall pay costs to the defendant; and if the defendant's whom paid. answer be adjudged insufficient, he shall pay costs to the complainant. cient, second Sec. 24. When an answer shall be adjudged insufficient, the Answer insuffidefendant shall file a second or further answer, within thirty shall be filed in days after such adjudication, or within such further time as the thirty days, or court may direct; and on failure thereof, the said petition shall decree pro conbe taken as confessed, and such proceedings be had thereon, as if the first original answer had not been filed within the limited or granted time. fesso. answer double costs, and no further tims allowed. Sec. 25. If such second or further answer shall be adjudged second insufficient, the defendant shall pay double costs: and in such insufficient, decase further time to answer shall not be allowed; but the said fendant to pay petition shall be taken as confessed, and such proceedings be had thereon, as if the first or original answer had not been filed in due time; or the defendant may be examined upon interrogatories, and committed until he shall answer and pay costs. Sec. 26. Every defendant may swear or affirm to his before any judge, justice of the peace, master commissioner in chancery, or in any court of record in this State. Before answer, whom defendant may swear to answer, party before Sec. 27. Where it is necessary for the defendant to bring a How defendant new party before the court, he shall state it in his answer, and may bring new insert interrogatories for him to answer; and thereupon a sub-court: poena shall be sent out, and other proceedings be had, as in case of other defendants. put interrogato Sec. 28. The defendant in chancery, after he shall have filed Defendant. may his answer, may exhibit interrogatories to the complainant, ries to complain which shall be answered by him on oath or affirmation; and ant, which shall 'be answered. such answer shall be evidence in the cause, in the same man ner, and to the same effect, as the defendant's answer to the complainant's petition is evidence: and if the complainant shall not answer such interrogatories by the time appointed by the court, he shall be in contempt, and his petition dismissed with costs. Sec. 29. If a cross petition shall be filed by any defendant, First bill answer he must put in his answer to the first petition, before the defendant to the cross petition shall be compelled to answer. od before answer to cross bill. Sec. 30. All rules, common or special, by consent of the parRules, how en- ties or their counsel, shall be entered of course with the clerk, whether in term time or in vacation. fered. Amendments. Sec. 31. All amendments shall be made with or without costs, and on such equitable terms as the court shall direct. Sec. 32. Parties to suits in chancery, shall take notice at Parties to take their peril of the filing of answers, demurrers, pleas, replicanotice of filing tions, and other pleadings, and of the pronouncing and signing pleadings. On hearing on decrees. Sec. 33. If a complainant proceed to a hearing, on the petibill and answer tion and answer only, the answer shall be taken to be true in all only, answer to points; and no evidence shall be received to contradict the be taken as true. same, unless it be matter of record to which the answer refers, and is proveable by the said record. Replication puts Sec. 34. Every chancery cause shall be considered at issue cause at issue. on fling a replication, and it shall not be necessary to enter a rule to rejoin in any cause. Issue in fact may Sec. 35. If there be an issue as to any matter of fact, which be tried by jury, shall render the intervention of a jury necessary, the courts are hereby authorized to direct an issue for the trial of the same; and the verdict shall be entered of record, and made use of at the hearing of the cause. of causes deter Sec. 36. When any cause in chancery shall be finally deterComplete record mined, the clerk of the court shall enter together in order, the mined, to be petition, answer, pleadings and exhibits therein referred to, the made by clerk, reports, decrctal orders, statement of facts found by a jury, or agreed by the parties, and decree in such cause, in a book to be kept for that purpose, which shall be signed by the court at the next term, as of the day on which such decree was pronounced. and signed by court. Decrees to ope Yate as ments Sec. 37. The decree of either of the said courts sitting in jude. chancery, shall, from the time of their being pronounced, have at law. the force, operation and effect, of a judgment at law. Decree for a con Sec. 38. When a decree shall be made for a conveyance, release, or acquittance, in either of said courts, sitting as a vevance to ope- court of chancery, and the party against whom the said decree rate as a convey shall pass, does not comply therewith by the time appointed, then such decree shall be considered and taken in all courts of law and equity, to have the same operation and effect, and be as available, as if the conveyance, release, or acquittance, had been executed conformably to such decree. |