error, &c. allowed

lated.

superior courts, and all process consequent thereon, shall be made returnable to the term next after, or to the first Monday in any month next after such writ of error or supersedeas, or other process, allowed or awarded, as the appellant, or plaintiff in error or his attorney, may appoint and require; or if he give no direction, as to the clerk shall seem most convenient. And appeals, or writs of Appeals, writs of error or supersedeas, allowed by the court of appeals, or any judge by court of apthereof in vacation, from or to the circuit superior courts of law and peals, how reguchancery, and all process consequent thereupon, shall be regulated by the laws and usages now in force and in practice regulating such proceedings in the courts of appeals: And provided, That no appeal When appeals shall be allowed from interlocutory decrees or orders in chancery of orders or decrees the county or corporation courts, to the circuit superior courts of may be granted. law and chancery, or from interlocutory decrees or orders in chancery, of the said circuit superior courts, to the court of appeals, unless by such decree or order, money shall be required to be paid, or the possession or title of property to be changed, or the judge or court to whom the petition for such appeal shall be preferred, shall think such appeal proper to settle the principles of the cause, and to avoid expense and delay.

from interlocutory

32. In all cases of appeals which may be taken as of right, from Practice and proany sentence or order of any county or corporation court, to the clings upon appeals, how regucircuit superior courts of law and equity, and of appeals, writs of lated. error or supersedeas allowed from or to the said inferior courts, to or from the said circuit superior courts, the practice and proceedings, and the decree, judgment, sentence or order, either of affirmance or reversal, shall conform with the practice, and be regulated by the laws regulating the proceedings in the former superior courts of law, and the former superior courts of chancery, respectively, according to the nature of the cause: so, likewise, in all cases of appeals, which may be allowed from, or writs of error or supersedeas allowed to, the circuit superior courts, to or from the court of appeals, the present practice and proceedings of the court of appeals, shall be observed and followed, and the decree, judgment, sentence or order of that court, either of affirmance or reversal, shall be such as are authorized by the laws now in force, and the practice of the court in conformity with those laws: Provided, That henceforth, upon Upon affirmance the affirmance of any decree or judgment whatsoever, of any inferior court by any appellate court, no damages shall be awarded to mages to be the party prevailing, beyond legal interest on the debt or damages, or profits of property adjudged, and the costs: And provided, That Appeals from incauses, which may be hereafter brought to the court of appeals, by appeals from interlocutory decrees in chancery, (except only ap. peals from interlocutory orders dissolving injunctions,) shall not be allowed any privilege as to the time and order of hearing; but such appeals, (except as before excepted,) shall be heard as they shall be called in their order on the docket.(z)

33. If any person or persons shall desire to remove any suit in chancery, or at law, pending in any county or corporation court, into the circuit superior court of law and chancery of the county or corporation, (such suit at law being cognizable in such circuit superior

(2) Former laws concerning appeals, 1 Rev. Code 1819, ch. 66, § 50 to 57, pp. 206-208; § 75, 76, p. 212; ch. 69, § 14, 15, pp. 231, 232; § 55 to 65, p. 240; ch. 71, § 72, 73, pp. 259, 260; ch. 64, § 11 to 22, pp. 193-195.

of decree or judg ment, what da

awarded.

terlocutory decrees in chancery,

not privileged as

to hearing.

Certiorari for refrom county to

moval of causes

circuit courts, how granted.

Writ, how obtained in vacation.

given.

court,) a certiorari for such removal may be granted by the circuit Notice required. superior court, upon motion, and ten days previous notice thereof given in writing to the adverse party or in vacation, the party desiring such writ, shall, by petition to the judges of the circuit superior courts, set forth his or her reasons, and make oath or affirmation before a magistrate, of the truth of the allegations of such petition; whereupon, any of the said judges may order the certiorari to issue, or may reject such petition, as to him shall seem just, Like notice to be provided ten days previous notice of the time and place of applying for such writ, be given in writing to the adverse party: and upon the order in vacation, allowing the certiorari, the clerk shall issue Writ of certiorari the writ. And it shall be lawful for any circuit superior court, in term, or for any judge of the said circuit superior courts, if it shall appear to such court, or to such judge, that justice cannot be done in any cause in chancery, or at law, pending in any county or corporation court, and that it has come to the knowledge of the party, after answer filed in a suit in chancery, or issue joined, or writ of inquiry awarded, in a suit at law, to award a writ of certiorari, in like manner, and upon like terms, as herein above prescribed. But if any suit at law, so removed by certiorari, shall be remanded to the inferior court by procedendo, or otherwise, such cause shall not afterwards be removed to the circuit superior court, before final judgment shall be given therein in the inferior court. (a)

awarded after answer filed, issue

joined, &c.

Cause remanded

by procedendo or otherwise, not af

terwards remova

ble.

Certiorari granta

ble for neglect or

courts.

34. And whenever any county or corporation court shall unreadelay of inferior sonably neglect or delay to decide any cause in chancery or at law, which now is, or shall hereafter be depending in such inferior court, upon petition of either party, so precluded from justice by the neglect or delay of such inferior court, verified by oath or affirmation, the circuit superior court of law and chancery in term, or in vacation, any judge of the circuit superior courts is hereby authorized and directed to issue writs of certiorari, to remove such cause or causes before the circuit superior court of law and chancery, having jurisdiction over the county or corporation, in the same manner as in cases of partiality and injustice, provided ten days previous notice in writing of such application be given to the adverse party.(b)

Notice required.

Clerks to preserve

rari, with the

35. The clerks of the said circuit superior courts of law and petitions for certio- chancery shall carefully preserve all such petitions for writs of ceraffidavits thereto. tiorari, with the affidavits thereto, in his office; and if any person Swearing falsely in such affidavits, in such affidavit shall wilfully make a false oath, and be thereof convicted upon a prosecution commenced within three years after the offence committed, such offender shall suffer the pains and penalties directed for wilful and corrupt perjury.(c)

perjury.

When certiorari to remove pro

ceedings or re

36. A certiorari, to remove proceedings or bring up records for any purpose except the removal of a suit from an inferior court, cords, grantable. may be granted by the said circuit superior courts in term, or in vacation, by any judge of the said circuit superior courts. (d)

Subpana duces tecum awardable in vacation.

37. Any judge of the said circuit superior courts shall have power in vacation, to order a subpœna duces tecum to be issued, returnable to any of the said circuit superior courts, in like manner as the same may be ordered by such courts in term.(e)

(a) 1 Rev. Code 1819, ch. 69, § 47, 48, pp. 237, 238.

(b) Ibid. § 49; ch. 66, § 30, p. 202; § 43, p. 204.

(c) Ibid. ch. 69, § 50, p. 238.

(d) Ibid. ch. 66, § 108, 109, p. 217.

(e) Ibid. ch. 69, § 71, p. 242.

brought, if more

county

38. If there be more than one defendant in any suit in chancery, Suit, where to be brought or pending in any circuit superior court, the said suit may than one defenbe instituted in the circuit superior court of the county or corpora- dant. tion, wherein either of them may reside; and the clerk shall and may issue process against the other defendant or defendants, directed to the counties or corporations in which they may be found; and on the return thereof, the like proceedings shall be had, as if all the defendants resided within such county or corporation: Pro- Court may remove vided, That any such circuit superior court sitting in chancery, case to opal may, at any time, on motion and for good cause shewn by any de- defendant resides. fendant or defendants residing in any other county or corporation than that wherein such suit in chancery may be brought, or for reasons appearing to the court itself, order any such suit to be removed to the circuit superior court of the county or corporatian, wherein the defendant or defendants principally interested or chargeable, may reside; and upon such order made, the original papers thereto belonging, shall be transmitted by the clerk to the clerk of the court to which the cause shall be so ordered to be removed, together with a copy of all orders and rules previously made, and a statement of all costs previously incurred therein: whereupon, the cause shall be further proceeded in, heard and determined, by the court to which the same shall be so removed, as if it had been originally brought there; and the costs attending such removal of any cause, Cost of removal, shall be charged to the plaintiff or plaintiffs, or any one or more of to whom chargethem, or to the defendant or defendants, or any one or more of them, as the court ordering such removal, shall think just, and direct.(ƒ)

able.

ereat, certiorari,

39. The said circuit superior courts of law and chancery, as Courts for grantcourts of chancery, shall always be open to grant injunctions, writs ing injunctions, ne of ne exeat, certiorari and other process heretofore usually granted &c. always open. in vacation.(g)

40. The circuit superior courts of law and chancery, sitting in Power to grant inchancery, respectively, shall have jurisdiction and authority in term, within jurisdiction junctions in term, to grant injunctions to their own judgments at law, or to the judg- of court. ments of the inferior courts of the counties or corporations within their jurisdiction, and in all cases where the act or proceeding enjoined, is doing, or to be done, within their own jurisdiction, respectively; and to grant writs of ne exeat, in cases where the party or To grant writs of parties against whom such process may be issued, reside or are found within their jurisdiction respectively.

ne creat.

tion in granting in

41. The judges of the said circuit superior courts, shall each General jurisdichave and exercise a general jurisdiction, in awarding injunctions junctions and and writs of ne exeat, whether the judgment or proceeding enjoined, writs of ne creat. be rendered by a superior or inferior court, within or without their respective circuits, or the party against whose proceeding the injunction be asked, or against whom a writ of ne exeat be awarded, be a resident within or without the circuit of such judge awarding the same; but the order of such judge awarding an injunction to To whom order a judgment or proceeding, not within his circuit, shall be directed awarding injunc to the clerk of the court of that county or corporation in which ed. such judgment shall be rendered, or proceeding apprehended; on Proceedings therewhich, such proceedings in all respects shall be hereafter had, as if upon. the order had been made by the judge in whose circuit such judgment may have been rendered, or proceeding had or apprehended.

tion, to be direct

directed.

Order for writ of And when such judge of any of the said circuít superior courts, ne exeat, to whom shall order a writ of ne exeat, against any person whatever, he shall direct the said order to the clerk of one of the most convenient Writ, when to be Courts of his own circuit; and the said clerk, on the execution of the bond required by law, shall issue such writ of ne exeat, which shall be directed to any sheriff into whose hands the same may come.(h)

issued, and to whom directed.

Upon dissolution of injunction, when bill to be dismissed.

42. In all cases, where hereafter any injunction shall be wholly dissolved, the bill of the complainant shall stand dismissed of course, with costs, unless sufficient cause be shewn against its dismission at the next term, where the same shall be in any of the circuit superior courts of law and chancery, and where the same shall be in any of the inferior courts, at or before the second court Clerk's duty as to thereafter, whether monthly or quarterly. And it shall be the duty of the several clerks of the said courts, to enter such dismission on the last day of the terms aforesaid. (i)

dismission.

Damages on disso

tions.

Certificate of dissolution, how ex

pressed.

43. Where any injunction shall be hereafter obtained, to stay lution of injunc- proceedings on any judgment rendered in any of the courts of this commonwealth, for money or tobacco, and such injunction shall be dissolved wholly or in part, damages at the rate of ten per centum per annum from the time the injunction was awarded, until the dissolution, shall be paid to the party on whose behalf such judgment shall be obtained, on such sum as appears to be due, including the costs; and where any such injunction shall be depending in the circuit superior courts of law and chancery, the clerk of such court shall, on dissolution thereof, certify to the clerk of the court wherein the judgment was obtained, the order of dissolution, as also the time of granting and dissolving such injunction, and the clerk shall Damages, how in- issue the execution according to the provisions of this act; and in cluded in judgall cases, where a forthcoming bond has been executed by the comments on forthplainant in such injunction, and no judgment rendered thereupon, the court in which execution is awarded, shall direct the said damages to be included in the judgment, which shall be in satisfaction Proviso, as to bills of all interest and damages during the time aforesaid: Provided,

coming bonds.

for discovery, or injunctions dissolved in part only.

Clerks to certify

tion for injunc tions at foot of bill.

nevertheless, That where the injunction is granted in order to obtain a discovery, or any part of the judgment shall remain enjoined, the court, wherein the injunction shall be depending, may, if it appear just, direct that no such damages shall be paid by the complainant, or such proportion as according to equity the court may deem expedient; and the clerk of the court where the judgment was rendered, or the court by whom execution shall be awarded, shall govern themselves accordingly.(k)

44. Whenever any circuit superior court, or any judge of any refusal of applica- such court (as the case may be,) shall overrule any application for an injunction, the clerk of the court, in the former case, and such judge in the latter, shall certify the same at the foot of the bill. When application And whenever any motion or application for an injunction shall be for injunction may overruled, or whenever any order shall be entered dissolving such injunction, it shall be lawful for any person or persons conceiving himself, herself or themselves aggrieved thereby, to present the original bill with the order refusing such injunction, or a copy of

be made to judge of court of ap

peals.

(h) 1 Rev. Code 1819, § 38, p. 203.

(i) Ibid. § 60, p. 208.

(k) Ibid. ch. 66, § 61, p. 209.

by judge of court

the proceedings on which the said dissolution shall be ordered, to the judges of the court of appeals, or any one of them, who shall have authority thereupon, to direct the injunction to be awarded, or allow an appeal from such order of dissolution, in case he or they shall be of opinion that such circuit superior court, or such judge, has erred in such order; and where the judges or judge of the Proceedings upon court of appeals shall award an injunction in the manner aforesaid, injunction granted the same proceedings shall be thereupon had, as if the injunction of appeals. had been in the first instance awarded by such circuit superior court, or by such judge; and where an appeal shall be allowed in the manner aforesaid, from an order dissolving an injunction, such appeal shall be heard and determined, at the next term of the court of appeals, if allowed in the recess of that court, or by the then sitting court, when allowed during the session of that court.(1)

for trial of crimi

warrant to clerk.

45. Whenever it shall happen that any term of the circuit supe- Special sessions rior courts of law and chancery, to be held in any county or corpo- nals. ration, shall, from any cause not be held, and previously to such term, any person shall have been imprisoned in the jail of such court, or let to bail, charged with any crime or offence, punishable with loss of life, or by imprisonment in the jail and penitentiary house, or any other imprisonment, it shall be the duty of the judge. of the circuit to appoint a special session of such court for the trial of such offence or offences; who in such case shall issue his war- Judge to issue rant under his hand and seal, directed to the clerk of the court, who shall thereupon give notice to the commonwealth's attorney, His duty. the other officers of the said court, and the party charged, and shall issue all necessary process, returnable to such special session, which Sheriff's duty. process the sheriff of the county shall be bound to execute, as also to summon a grand jury, together with a venire, to attend the said special court, under the same limitations and restrictions, as in the case of a regular court in course: Provided, however, That in case Proviso, in case the judge of the circuit shall fail to attend such special court, or not held. from any other cause, the court shall not be held, such failure shall not operate as a discharge to any person or persons confined or charged with the commission of any criminal offence whatsoever.

special court be

- And such special court shall have all the power and authority which Jurisdiction of a stated court now hath or may have.(m)

special courts.

of courts over

ers.

46. All the powers and duties heretofore exercised by and re- Powers and duties quired of the former superior courts of law, according to the seve- jails, jailors, ral laws now in force, for the regulation of public jails and jailors, guards and prisonand prisoners confined in jail, allowances to jailors for supplying prisoners with wholesome and sufficient food, and with sufficient fire when necessary and proper, and necessary bedding and cloathing, the inspection of jails and allowances to guards for the safe keeping of prisoners, shall be exercised and performed by the said circuit superior courts of law and chancery: and the duties of jai- Duties of, and allors and allowances to them, in respect to their jails and the prison- lowances to jailors and guards. ers therein confined, the appointment and duties of inspectors of jails, the appointment of and compensation to guards for the safe keeping of prisoners, and generally all things concerning jails, jailors and prisoners, shall continue to be regulated by the several laws now in force relative to the same.(n)

(1)1 Rev. Code 1819, ch. 66, § 44, p. 205.

(m) Ibid. ch. 69, § 28, p. 234.

(n) Ibid. § 32 to 39, pp. 235, 236; ch. 169, § 19, p. 605; § 34, 35, pp. 608, 609.