Court to affirm (3642.) SEC 36. If the appellant shall fail to prosecute his When Circuit appeal with reasonable diligence, the Circuit Court, upon decree, etc. evidence that such appeal was taken, and on the motion of any person interested in the case, shall affirm the decree or act appealed from, and may allow costs against the appellant. ed cases. (3643.) SEc. 37. In all cases that shall be contested, either Costs in contestin the Probate Court or in the Circuit Court, such Court may award costs to either party, in its discretion, to be paid by the other, or to be paid out of the estate which is the subject of the controversy, as justice and equity shall require. costs. (3644.) SEC. 38. When costs are awarded to one party, to Execution for be paid by the other, the said Courts, respectively, may issue execution therefor, in like manner as is practiced in the Circuit Courts in other cases. nished by Coun by Judge. (3615.) SEC. 39. Each county shall provide all books neces- Books to be fursary for keeping the records, in the office of the Judge of Pro- ty; Blanks, etc., bate; but all printed blanks, and other stationery, and all the incidental expenses of the office, shall be furnished and paid by the Judge of Probate. when to be held. (3646.) SEC. 40. There shall be a Probate Court held in each Probate Courts; county on the first Monday of each month, and on such other 1845, p. 66. days as the Judge of Probate shall appoint; and in case any matter shall not be heard at the time appointed for hearing the same, such matter shall stand continued until the next stated term of the Court, unless the parties interested otherwise agree. to make rules. (3847) SEC. 41. The Supreme Court of this State shall have supreme Court power, from time to time, to make uniform rules for regulating the proceedings in all the Probate Courts of the State, and to alter, amend or modify the same as it may judge necessary, in all cases not expressly provided for by law. now in use. (3648.) SEC. 42. The seals of the several Probate Courts Seals of Courts now used by them respectively, shall continue to be the seals 1412, p. 107. of such Courts, until others shall be provided according to law. procured, etc. (3619.) Src. 43. In case the Probate Court of any county New seals, how shall have no proper seal, the Judge shall, at the expense of 1342, p. 107. his county, cause a seal to be made for his office, with such device as he shall think proper, and with the words, "Probate Seal," and the name of the county inscribed thereon, and shall • deliver a description thereof to the Secretary of State, to be deposited and recorded in his office. Notice of proceedings in certain cases. 1845, p. 66. Index of records in Probate Office. 1845, p. 66. Probate Judge may appoint Clerk, etc. (3650.) SEC. 44. When notice of any proceedings in a Probate Court shall be required by law, or be deemed necessary by the Judge of Probate, and the manner of giving the same shall not be directed by any statute, the Judge of Probate shall order notice of such proceedings to be given to all persons interested therein in such manner, and for such length of time as he shall deem reasonable. (3651.) SEc. 45. Each Judge of Probate shall make an alphabetical index to the records of proceedings in the Probate Court, and keep the same in his office. (3652.) SEC. 46. Each Judge of Probate may appoint a Clerk, to be denominated the Probate Clerk, and may revoke such appointment at his pleasure; which appointment and revocation shall be filed in the Probate office. The Supreme Court shall by general rules from time to time prescribe the powers and duties of such Clerk: Provided, The salary of said Clerk shall be paid by the Judge of Probate, and no additional costs or expenses shall be made either to the counties or estates of deceased persons in consequence of the appointment of such Clerk. (b) SECTION 3670. Service and return of Warrant; When Justice is absent. 8676. When to be tried within three days. 3677 Bond to be filed in cases of Attachment. 6678. Contents of Attachment. 3679 Service of Attachment. 30. Service when Defendant cannot be found. 2651. Goods not to be removed if Bond given. 3582. Claimant of goods may give Bond. 3683 Property to be given up when Bond is given. 3684. When Attachment is personally served, how to proceed. 3585. When Attachment not personally served, cause to be continued. 3683. Several Attachments against same Defendant. 368. Different Attachments of same property. 38. Animals or perishable property Attached. 3689. When Plaintiff to have Judgment. 3630. If no property be attached, not to affect Garnishee. 31. If Defendant appear before Judgment and give Bond, property to be discharged. 3692. Return of Process, how made. 3693. Inventory. 364. Proceedings against Garnishee in attachment suit. 26. Jurisdiction in Replevin; Replevin Bond; Writ of Replevin to issue. 3696. Writ of Replevin, when returnable. 3097. Execution in Replevin, when returnable. 06. Damages and value of property, how ascertained; No exceptions to Sureties. 3699. Certain Chapter to apply to proceedings in Repit vin. 37. Actions against Corporations. 3701. First process against Corporation, how served. 3:02. On Judgment against Corporation, no stay of Execution, except, etc. OF THE APPEARANCE OF PARTIES. 3703. Infant Plaintiffs. 704. Next friend. ST05. Infaat Defendant. 26. Guardian for. 3707. Consent to be filed with Justice. 7. Constable not to advocate. 1799. Authority of Attorney how proved. 10. laitial letters, or contraction of christian name. 11. When suits may be commenced in Partnership name. If name of Defendant is not known, how described. OF PLEADINGS AND SET-OFFS. 713. When pleadings to be made and issue joined. $714. Pleadings, how made; Demurrer; General issue and notice; Abatement; Execution of written instrument, how denied. 3715. Actions on Accounts. SECTION 3716. Failure of consideration. 3717. Judgment of Court of Special Jurisdiction. 3718. Condition precedent. 3719. Bill of particulars. 3720. Bill may be amended. 3721. Costs may be required on amendment of Bill. 3722. When Plaintiff may dismiss as to some of Defendants and proceed against others. 3723. When set-off allowed. 3724. Notice of set-off. 3725. Judgment in cases of set-off. 3726. Judgment in case balance of set off is more than three hundred dollars. 3727. Set off in suits by Administrators, etc. 3728. Defendant neglecting to set-off deman, precluded from recovering costs. 3729. Notice that Title will come in question. 3730. Plea and notice to be in writing. 3731. Bond to be given by Defendant. 3732. If Bond be given, cause to be certified to Circuit Court. 3733. If Bond not delivered, Justice to proceed, etc. 3734. When Justice shall certify the cause to Circuit Court. 3735. When suit removed, pleadings to be the same. 3736. Costs in Circuit Court. 3737. When declaration contains several counts, and title to Lands in question as to part. OF ADJOURNMENTS. 3738. Adjournments, how obtained, etc.; Subsequent adjournment. 3739. When party not entitled to adjournment unless he exhibit his account, etc. 3740. Defendant on Warrant obtaining adjournment, may give Bond and be discharged. 3741. If cause adjourned by consent, etc., Defendant to be discharged. 3742. When Justice may adjourn the Court without consent of parties. OF COMPELLING THE ATTENDANCE OF WITNESSES. 3743. Justice may issue Subpoenas. 3744. Subpoena, by whom and how served. 3745. When Attachment may issue for Wit nesses. 3746. Fees for serving Attachment against Witnesses, by whom paid. 3747. Penalty for refusing to appear or to testify. 3748. How âne imposed. 3749. When Execution to issue to collect fine, and how executed. 3750. Money collected, to be returned and paid over to County Treasurer. 3751, 3752. Witness neglecting to appear, or refusing to testify, liable for damages. OF THE TRIAL OF ISSUES OF FACT, AND THE INCIDENTS THERETO. 3753. Issues, when and how to be tried by Justice. 1 SECTION 3792. When to issue against principal and surety for stay of Execution. 3793. When Execution may issue against secu rity alone. 8794. If Defendant die after levy and before sale; Where some of several Defendants die. 3795. If Defendant die before Execution. 3796. If Defendant die after Execution. 3797. In what cases Execution may issue against the body. 3798. When Execution to issue forthwith. 3799. When to issue after five days. 3800. When Execution to issue on oath of party 3801. When application for such Execution may be made. 3802. How Execution may be stayed; Duration of stay. 3803. Cases in which no stay of Execution is allowed. 3804. How Execution may be stayed; Form of stay; Effect of stay. 3805. Execution on Judgment against principal and surety on contract, not to be stayed if surety object, unless, etc. 3806. When Execution shall be recalled, and proceedings thereon. 3807. If security for stay remove out of County, Execution may issue on proof, etc. 3808. When Execution may issue on application of security for stay. 3809. In such cases, Execution may be recalled on giving further security. 3810. Rights of a surety for stay who has satisfied Judgment. 3811. When additional security may be required; If not given Execution to issue; If given in five days, Execution to be recalled. 3812. Execution on Judgment against joint debtors, when process not served on all. 3813. How such Execution to be served. 3814. When further Execution may issue, or old one be renewed. 3815. Execution may issue within two years. 3816. Execution when any of Defendants are sureties. 3817. Property of principal debtor to be first exhausted. 3818. Endorsement of levy, and notice of sale. 3822. When not sufficient time to advertise and sell. 3823. When live stock taken, allowance for keeping. 3824. Constable not to purchase at sale. 3825. When Constable to take body of Defen dant. 3826. No female to be arrested on Execution. 3827. If Constable neglect to return Execution, etc., action may be maintained against him and his sureties; No stay allowed. 5741. When term of Justice shall expire, etc. 3842. When Cireait Court may authorize Appeal after five days. 3843. How recognizance served when Justice absent. 3844. When property to be released, etc. 3845. Return of Justice to Appeal. 3846. Additional particulars to be returned. 3847. Return, etc., of Justice to be filed within ten days. 3848. How return may be compelled. 3849. Amendinent of return compelled. 2850. Disobedience of Justice, how punished. 51. When Court to determine Appeal. 3852 Issue of Law, etc., to be tried by Court; When appeal to be tried by Jury. 3853. When Appeal may be noticed for trial. 3854. Notice of trial how served. 855. Imperfect Bond, etc., may be amended or perfected. 3856 Appeal not to be dismissed because costs not paid. 857. Aff-Lavit may be perfected. 5858. Costs on dismissal, etc. 36. When Appeal to be discontinued. 2560. Order of dismissal to be served on Justice. 2561. Appellee not to prosecute Bond, etc., till Execution returned unsatisfied. 362 Power of Court to allow amendments. 33. Costs how awarded. 24. Casts before Justice to be included. 3865. When costs to be set-off against debt or damages. Sad When judgment to be entered against appellant and surety. 26. Sureties to be discharged unless Execution issue against appellant in thirty days. OF CERTIORARIS, 38. Certioraris allowed. S. Notice and affidavit in case of Certiorari. STA How Certiorari to be allowed. SECTION 3871. Bond to be executed and approved; Condition. 3872. Two sureties may execute Bond. 3873. When judgment was in favor of party applying for Certiorari. 3874. Affidavit to be filed and writ issued. 3875. Certiorari to be served on Justice; Fees for return must be paid. 3876. Service of Certiorari to stay or suspend Execution. 3877. Return of Justice to Certiorari. 3878. Writ, Bond, affidavit and return to be attached together. 3879. Amendment to return may be compelled 3880. When cause may be brought on to argu ment. 3881. Judgment on Certiorari. 3882. How costs to be awarded. 3883. Judgment not to be reversed for certain informalities. 3884. When Judgment is collected, and afterwards reversed. |