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jury is special, and requires the payment of money, and some duty to be performed, the sum so found may be recovered in the manner herein before provided ; and such duty shall be enforced by the court by attachment for contempt or otherwise, according to the course of proceedings in equity.

14. The clerk shall keep a docket for equity cases, distinct and separate from the causes at common law, in which shall be registered the names of the parties, and titles of all bills, and the time of filing the same, with notices of the pleadings and orders in the cause up to the final decree.

15. In all cases where the parties go to trial upon the bill and answer alone, the complainant's solicitor shall have the conclusion.

16. After appearance by the party defendant to any bill in equity, by any solicitor of this court, the service of any subpæna to make better answer, or any rule or order of the court on such defendant or solicitor, shall be sufficient. Service upon complainant, or his solicitor, shall in like manner be deemed sufficient service.

17. Copies of all deeds, writings, and other exhibits, shall be filed with the bill or answer, and no other exhibits shall be admitted, unless by order of the court, for some special and good cause shown. The production of the original, if not admitted by the answer, may be required on the hearing: and upon application to the court, or to the judge in vacation and cause shown, the original of any exhibit will be ordered to be deposited in the clerk's office for the inspection of the adverse party.

18. Applications for writs of ne exeat other than such as are provided for by the act of December 6th, 1813, shall be upon bill filed, and sworn to or affirmed by complainant or his attorney in fact; and such oath or affirmation shall particularly state the amount of the debt claimed, and that the sum mentioned is then due, and that there is reason to apprehend the loss of the whole, or a part of said sum, if the defendant should depart without the jurisdiction of the court. The sheriff shall discharge the defendant from custody under such writ, upon his giving bond, with two good securities, (who shall be liable to be excepted to, in like manner as in case of bail at common law,) conditioned for the payment to the complainant, his executors and administrators, of such sum as shall be decreed with interest and costs, and further, in all respects to do, conform to, and perform the decree of the court in the premises.

19. When auditors have made up their report, the same shall

be returned into the clerk's office without delay, and shall remain open to the inspection of both parties.

20. A docket of decrees, and also a docket of executions, or other process for the enforcement of decrees, shall be kept by the clerk, in cases in equity, in like manner as the dockets of judgments and executions at law; and the acknowledgment of satisfaction on decrees in equity may be enforced in the same manner, and under the like penalties as judgments at law.

21. The rule at common law which requires a prochein ami of an infant to give bond to account &c., shall also be observed in equity.

END OF APPENDIX.

INDEX.

A.

ABATEMENT.

1. When both parties, plaintiff and defendant, die pending

a suit upon a note, the action does not abate. Their
respective representatives may be made parties by scire
facias at the same time, and the action proceed. See
title“ Parties," E.crs. of Henderson vs. Alexander, Admr.

82

ACTIONS.

1. Joint and several contractors, when sued together in the

same action, are considered, under the Act of 1820 regu..
lating the mode of prosecuting actions against contrac-
tors and co-partners, as joint coutractors. See title “ Joint
Contractors and Co-partners,Tedlie vs. Dill

130

ACTS DECLARED CONSTITUTIONAL.

1. The Act of 21st December, 1843, authorizing grants to

issue to certain persons on the conditions therein stated
to any ungranted lot of land in the several counties
mentioned therein, is constitutional. Brinsfield vs. Carter

146

2. The 15th Section of the 14th Division of the Penal Code

allowing the State ten peremptory challenges, is consti-
tutional and valid. Hudgins vs. The State

180

ADMINISTRATORS.

1. The administrator of an appellant, where the security

on appeal, good at first becomes insolvent pending the
appeal, is not bound to give additional security. Lati-
mer, Whiting & Co. vs. Admrs. Ware.

272

ADMISSIONS.

1. Where one through a mistake of the law, acknowledges

himself under an obligation which the law will not im-
pose upon him, he shall not be bound thereby. Solomon
vs. Solomon, Erecutor, fr.

30

2. When admissions of one partner not a party to the suit

admissible to charge the other members, see title “ Eri-
dence.” McCutchin vs. Bankston

245

AFFIDAVIT OF ILLEGALITY.

1. When a defendant in execution files an affidavit of ille-

gality thereto, he is bound at his peril, to state all the
grounds of illegality which exist at that time, and pre-
sent the same to the court, in the manner required by
the statute and rule of court. Hurt vs. Mason -

369

2. No second affidavit of illegality will be allowed for

causes which existed at the time of filing the first. 1b.

369

AGENTS.

1. Public agents, contracting in behalf of the public, are not

individually liable for the payment of such contracts ; as
where a note was given by four individuals who were
acting as Justices of the Inferior Court for the County
of Heard, for the erection of a court-house for the bene-
fit of the county, under the authority of a public statute.
Ghent and others vs. Adams

216

2. An agent who admits money in his hands belonging to

his principal, is liable for interest thereon from the time
he received it. Anderson and others vs. The State

373

AGREEMENTS, CONTRACTS, &c.

1. Public agents, contracting in behalf of the public, are

not individually liable. Ghent and others vs. Adams

216

2. Where Justices of the Inferior Court sign a note with

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