for the amount thereof, upon the production of an authenticated copy of the record of judgment, or of the order adjudging such costs, with a taxed bill thereof, and upon the certificate of the Attorney General that such suit or proceeding was duly instituted, as the law required.

lawry abolished.

(4530.) SEC. 29. The action of detinue is hereby abolished, Detinue and outand all process and proceedings to outlaw any defendant in a civil action, are also hereby abolished.

case in cases

(4531.) SEC. 30. Where, by the wrongful act of any person, Trespass on the an injury is produced, either to the person, personal property where trespass or rights of another, or to his servant, child, or wife, for which may be brought. an action of trespass may by law be brought, an action of trespass on the case may be brought to recover damages for such injury, whether it was willful, or accompanied by force or not; and whether such injury was a direct and immediate consequence from such wrongful act, or whether it was consequential and indirect.

tionable.

(4532.) SEC. 31. Words imputing to any female a want of Certain words ac chastity, shall be deemed to be actionable in themselves, and shall subject the person who shall utter and publish such words, to an action on the case for slander, in the same manner as the uttering and publishing of words imputing the commission of a criminal offence.

tions to be

(4533.) SEC. 32. Whenever a suggestion shall be made upon certain sugges the record, or in any stage of the proceedings in any cause, served. which the adverse party shall have a right to controvert, a copy of such suggestion shall be served upon the adverse party or his attorney, in the same manner as other pleadings, and such party may plead thereto, according to the practice of the Court, in the same manner, and within the same time, as to a declaration.

(4534.) SEC. 33. If an issue of fact be joined upon any such Trial of issues suggestion, the same shall be tried, and judgment rendered thereon, etc. thereon, as on other issues.

tion.

(4535.) SEC. 34. The party making such suggestion may be other proceed. non-suited, and may have judgment of non pros., or discontin- on "sugges uance entered against him, for the same causes, and in the same cases as in suits at law.

of debt or dama

(4536.) SEC. 35. When any action at law shall be commenced, Cases for tender for the recovery of a sum certain, or which may be reduced ges to a certainty by calculation, or for a casual or involuntary trespass or injury, the defendant, in any stage of the proceedings before trial in such causes, or before such damages

Effect if tender be sufficient.

Testimony on motion, etc., in

shall have been assessed, or before judgment rendered in an action of debt, may tender to the plaintiff, or his attorney, any sum of money which such defendant shall conceive sufficient amends for the injury done, for which such action or proceeding was instituted, or sufficient to pay the plaintiff's demand, together with the costs of such action or proceeding, to the time of making such tender.

(4537.) SEC. 36. If it shall appear upon the trial of the cause, or upon the assessment of damages, that the amount so tendered was sufficient to pay the plaintiff's demand, or was a sufficient amends for the injury done, and the costs of the suit or proceeding up to the time of such tender, the plaintiff shall not be entitled to recover or collect any interest on such demand from the time of such tender, or any costs incurred subsequent to that time, but shall be liable to the defendant for the costs incurred by bim subsequent to such time.

(4538.) SEC. 37. When there shall be a motion or other proCorts of Record, ceeding in any Court of Record, in which it shall be necessary for either party to have the deposition of any witness who shall have refused voluntarily to make his deposition, the Court may direct a commi ion to be issued to one or more persons, inhabitants of the county in which such witness. resides, to take his testimony.

Testimony of Witness how procured.

Discharging Jues upon disagreement.

Process; time

be ween test and

return.

when sufficient.

(4539.) SEC. 38. Such witness may be subpoenaed to attend and testify before such Commissioners, in the same manner as before referees, and with the like effect; and obedience to such subpoena shall be enforced in the same manner.

(4540.) SEC. 39. When any jury shall be impanneled to try any issue, to make any inquiry, or to assess any damages, if they cannot agree after being kept together for such time as shall be deemed reasonable by the Court or officer before whom they shall have appeared and been impanneled, such Court or officer may discharge them, and issue a precept for a new jury, or order another jury to be drawn, as the case may require; and the same proceedings shall be had before such new jury as might have been had before the jury so discharged.

(4541.) SEC. 40. It shall not be necessary to have any particular number of days intervene between the teste and return day of any process, except in cases otherwise expressly provided by law.

Certain Bonds, (4542.) SEC. 41. Whenever a bond is or shall be required by law to be given by any person, in order to entitle him to

stituting new

any right or privilege conferred by law, or to commence any proceeding, it shall not be necessary for such bond to conform in all respects to the form thereof prescribed by any statute, but the same shall be deemed sufficient if it conform thereto substantially, and do not vary in any matter to the prejudice of the rights of the party to whom or for whose benefit such bond shall have been given. (4543.) SEC. 42. Whenever such bond shall be defective in Amending defects any respect, the Court, officer or body who would be author- in Bond, and subized to receive the same, or to entertain any proceedings in consequence of such bond, if the same had been perfect, may, on the application of all the obligors therein, amend the same in any respect, or may, on the application of the person required to give such bond, allow a new one to be substituted in the place thereof, bearing date at the time when such bond was required to be given, and such bond shall thereupon be deemed valid from the time of the execution of such defective bond.

one.

to be charged in

(4544.) SEC. 43. When any defendant, at the time judgment when prisoners shall be rendered against him, in any Court of Record, shall Execution." be in the custody of a Sheriff or other officer, either upon process in the suit in which such judgment shall have been rendered, or upon being surrendered in discharge of his bail in such suit, the plaintiff in such judgment shall charge such defendant in execution thereon, within three months after the last day of the term next following that at which such judgment shall have been obtained.

(4545.) SEC. 44. When any defendant shall be in custody 1bid. upon a surrender in discharge of his bail, made after a judgment obtained against him, and such bail shall be thereupon exonerated, the plaintiff in such judgment shall charge such defendant in execution thereon, within three months after such surrender, or if an execution against the property of such defendant shall have been issued, within three months after the return day of such execution.

discharged by

(4546.) SEC. 45. If any plaintiff shall neglect so to charge when prisoner any defendant in execution, as required by the two last pre-supersedeas. ceding sections, such defendant may be discharged from custody by a supersedeas, to be allowed by any Judge of the Court in which such judgment shall have been obtained, unless good cause to the contrary be shown; and after being so discharged, such defendant shall not be liable to be arrested upon any execution which shall be issued upon such judgment.

cause upon 2

parties.

Submission of (4547.) SEC. 46. The parties to any civil cause depending in ease made by the any Court of Record, may agree upon a case containing the 1840, p. 19, Sec. facts relating thereto, and submit the same to said Court; and the Court shall thereupon determine and render judgment in such cause, in the same manner as upon a special verdict finding such facts.

5.

Notice of justifi

cation in slander

of malice.

(4548.) SEC. 47. If the defendant in any action for slander or libel, no proof or for publishing a libel, shall give notice in his justification, that the words spoken or published were true, such notice, though not maintained by the evidence, shall not, in any case, be of itself proof of the malice charged in the declaration.

Entitling declarations, etc.

Assit may be maintained on sealed instruments.

In action for seduction, allega

service unnecessary, etc.

(4549.) SEC. 48. It shall not be necessary to entitle any declaration or other pleading, of any term of the Court, or of any day in term or vacation, nor shall it be necessary to mention the name of the State, in the statement of the venue in any case.

(4550.) SEC. 49. In all cases arising upon contracts under seal, or upon judgments, when an action of covenant or of debt may be maintained, an action of assumpsit may be brought and maintained, in the same manner, in all respects, as upon contracts without seal; and no bond, deed of conveyance or other contract in writing, signed by any party, his agent or attorney, shall be deemed invalid for want of a seal or scroll affixed thereto by such party.

(4551.) SEC. 50. It shall not be necessary in any action on tion of loss of the case for seduction hereafter to be brought, to allege in the declaration, or to prove on the trial, any loss of service in consequence of such seduction; but if the female seduced be a minor at the time of the seduction, the action may be brought by her father, mother, or guardian; and if such female be of full age, the action may be brought by her father, or any other relative who shall be authorized by her to bring the same. Proof that person (4552.) SEC. 51. It shall not be necessary in any such action vant of plaintiff to allege or prove that the person seduced was the servant of the plaintiff, but instead thereof, it shall be sufficient to set forth in the declaration the relationship of such person to the plaintiff, or that such person is the ward of the plaintiff, as the be.

seduced was ser

unnecessary.

Construction of two last sections.

case may

(4553.) SEC. 52. The two last sections shall not be so construed as to prevent any person entitled to the services of the person seduced, from maintaining an action for the loss of service or other damage sustained by him in consequence of the seduction.

TITLE XXX.

OF SUITS RELATING TO REAL PROPERTY.

CHAPTER CXXXIV. Of the Action of Ejectment.

CHAPTER CXXXV. Of the Partition of Lands owned by Several Persons.

CHAPTER CXXXVI. Of Waste.

CHAPTER CXXXVII. Of Trespasses on Lands.

CHAPTER CXXXVIII. Of Actions for Private Nuisances.

CHAPTER CXXXIX. General Provisions Concerning Actions relating to Real Estate.

CHAPTER CXXXIV.