JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER.

iSou

VIII. AND BE IT ENACTED, That no action, to be commenced in any county court appointed
in virtue of this act, shall continue longer than the end of the first court after the imparlance
court, unless by consent of parties, at the discretion of the court, or such cause as the law may
allow for the continuance of suits beyond the time limitted shall appear to the satisfaction of the
court.

C H A P.

LXXIV,

How long ac-
tions shall con-
tinue.

IX, AND BE IT ENACTED, That in all cases where suits may hereafter be brought by any per-
son or persons, nonresidents of this state, or who may remove out of the state after the bringing
of such suit or suits, the defendant or defendants against whom such suit may be commenced, or
his, her or their attorney, may lay a rule, at or before the trial court, on such plaintiff or plain-
tiffs, or his, her or their attorney, to give security for all costs and charges that the said defendant
or defendants may be put to in case such plaintiff or plaintiffs shall be nonsuited, or judgment be
given against them, and in case of non-compliance with such rule judgment of nonsuit shall be
entered; provided nevertheless, that if any defendant or defendants shall lay a rule on any plain-
tiff or plaintiffs for security for costs at the trial court, that then and in such case the court grant-
ing said rule may, at the instance or motion of the plaintiff or plaintiffs, by his , her or their coun-
sel, in their discretion, continue said cause until the next term.

In certain
cases defend-
ants may lay a..--,
rule, &c.

X. AND BE IT ENACTED, That when any action shall be brought, and it shall be entered upon
the record that such suit is brought for the use of any other person or persons, and the plaintiff or
plaintiffs in such action shall discontinue or strike off his, her or their said action, or be nonsuit
thereon, or in case there shall be a judgment or verdict in favour of the defendant or defendants,
the party or parties for whose use the action was instituted shall be answerable for the legal costs
of suit, and may be proceeded against by attachment against the person or property of such party
or parties for the recovery of the same, in the same manner as if he, she or they, had been enter-
ed by rule of court the security for such costs of suit.

Who are liable'
for costs in cer-
tain cases, Sec,.

XI. AND BE IT ENACTED, That it shall not be lawful for any person whatsoever to cause any
inhabitant of this state to be arrested out of the county where he or she doth reside, by virtue of
any capias ad respondendum, or capias ad satisfaciendum, for any debt, damage or cost, until the sheriff
or coroner of the county where such defendant shall reside shall have returned a non est inventus
on a capias ad respondendumj or capias ad satisfaciendum, issued at the request of the said person
against the defendant...

Persons not to
' be arrested out
• of the county ^
&c.

XII. AND BE IT ENACTED, That if any person be arrested upon a capias ad respondendum, con-
trary to the intent of this act, the plaintiff in the said action shall suffer a nonsuit, and pay the
defendant his or her reasonable costs and charges, to be adjudged him or her by the court from
whence such process issued; and if any person be taken in execution contrary to the dire6tions
hereof, the court from whence such execution issued shall discharge him or her from his or her
imprisonment; provided always, that nothing in this act contained shall extend to the benefit or
advantage of any person who shall abscond from justice in the county where they live, but that
such persons may be arrested in any county wherever they may be found.

Plaintiff shall
suffer a non-
suit, &c.

XIII. AND BE IT ENACTED, That after the commencement of this act no commission shall is-
sue to any person, except to the said several chief justices and associate justices, to be a justice of
any county court, but only to be a justice of the peace of such county ; and upon the issuing of
any commission, the justices appointed therein shall assemble, as soon as convenient, at the court-
house of their county, and qualify as heretofore, but if any of the persons appointed are absent at
the time of meeting, they may qualify at anytime before any one of them who have before qua-
lified.

No commissi-
on to issue, &c

XIV. AND BE IT ENACTED, That every justice appointed and commissioned in virtue of this
act shall, before he acts as such, take the oaths of fidelity and support to this state, as required by
the constitution and laws thereof, provided he hath not before taken the same, and also the oath
of justice as required, by the act of February session, seventeen hundred and seventy-seven, chap-
ter five.

Justices to take-
the oath &c.

XV. AND BE IT ENACTED, That if the chief justice of any county court, appointed and com-
missioned in virtue of this act, shall refuse to act, or after acceptance shall resign, die, remove
out of his district, or be rendered incapable to act, or if any associate justice, appointed and com-
missioned in virtue of this act, shall refuse to act, or after acceptance shall resign, die, be ren-
dered

How vacancies
are to be filled.