• No results found

Of the manner of Proceeding in cases of Inventories and Accounts of Estates, (Sc

In document JUDICIAL -AND POLICE DEPARTMENTS (pagina 126-129)

Art. 214. When a person in pursuance of an order or decree of the Co«r ' or by mutual consent of the parties concerned, exhibits into the Court, inventory/ or, account of an estate or property, administered to or managed /

im

him, it snail be competent id the parties interested therein, to take exceptions id,1

or falsify the same, if they think fit, by a paper termed debaî, to: which the adverse party may oppose his answer, under the usual terms and delays ; and the parties ma}', (each in his turn) continue their debates in writing, by contra debat, solution, and super solution, and so on ; after which, the pleadings on both sides shall be completed and made up, as on a common process.

Of the Payment of/Damages, Interest and Costs, upon a verdict, Art. 215. In the same manner and form, shall be debated, all questions and matters between party and party, relative to the taxation, payment and satisfac-tion of costs, interest, &c. upon a verdict ; with this difference only, that the several papers required to be Sled by the respective parties, in the course of this Proceeding, shall be furnished peremptorily by alternation, from eight days t o eight d-iys.

Of Costs and Process respecting the same.

Art. 216. Where a party is condemned to pay costs, he shall be furnished with a fiill of particulars, in the usual form; upon which no Debates or

Plead-intcs shall be'allowed, other than and except a Diminution o n ' t h e one side*

and Contra Diminution on the other.

Of final or definitive Sentences, t^t.

Art. 217. All final judgments, sentences, and decrees, passed by the Court, shall be made up in form, by the Register, and shall contain either the condera- * nation of acquittal of the party, as to the matter of the suit in general or qualified terms, whether in toto, or as to part only ; so that in such latter cases, the genera*

clause, vis. ("That the action is denied, in such manner and form as brought

" by the Plaintiff.''~$e ) shall be omitted.

Art. 218, Such final judgment, &c. shall likewise ascertain, whether the party condemned shall bear the burdeu of the whole Costs, or whether the same is to he apportioned between them.

Art. 219 Where the Plaintiff insists upon it, and the Court is of opinion, that the Defendant is liable to pay the Damages with interest ; the condemnation as t o that particular, must be expressly set forth id the body of the judgment, &c. and ,

record. , . Art. 220. Where a party is condemned by the Court, to make reparation in'

Damages and the costs of suit, the Court may award a certain specific sum to b e paid by him in lieu, as an equivalent by way of satisfaction, to be adjusted upoa

a dus consideration of the nature oi the case, the rank and situation in life of ih$

him ; except when 'the same is so important as to require ascertainment by a special inquiry, when the same mode of proceeding shall be observed, as specified under t h e head of Costs, $ö.

Art. 221. In -case the Defendant, by way of retaliation on the Plaintiff, has instituted a Cross-suit, both the original and cross actions, shall be determined Siïnùï et Seniel; and a final sentence or judgment shall be fiven on each, first on the original suit, and next on the cross action.

Art. 222. The sentences, &c, of the Court, in every case, being made up and recorded in doe form,, they shall be respectively, on regular . Court days, in the usual form, publickly read by the Register in open Court, without specially summoning the parties, to attend the reading thereof to them.

Art. 223. After mailing up the sentence, & c should any of the parties con-ceive it not sufficiently expressive, as to any particular matter, the same may be amended or modified, previous to execution, on motion, with the knowledge and in presence of the parties concerned. The same is to be observed ia the like cases, with respect to interlocutory orders, &c.

Art, £24. Any amendments or variations to be subsequently made to such sentences, &c. must be done before such of the Members of the Court, as were

present at the pronouncing of the same.

Art. 225. Ail sentences, &c. of the Courts must be put in execution, and may b e considered as valid, during the space of three years, after the date of the passing

of the same; within which time, should the triumphant party wish to sue out exe-cution, it will not be necessary for him to serve the opposite party, with a rule by way of summons or notice, to shew cause.

• . • . k . '

Art. 226. After the expiration of the aforesaid period of three years, or in case of the Defendant's dying previous to the suing out execution, or even after the issuing, but before the final execution, of the w r i t ; the party interested shall be at liberty to apply for, and issue a summons against the heirs or representatives of the defunct to appear before the Court, and shew cause why execution should not issue upon the sentence, &c. previously obtained against the deceased, in his life time»

Art. 227. In case sentence of condemnation ,be given against a party, by a Court, in whose jurisdiction he has no property or goods, that can be taken in execution, in satisfaction of such sentence, &c. B u t it appearing that he has ef-fects and estates within another jurisdiction, out of which satisfaction may be had»

the triumphant party interested therein,- shall be authorized to' address himself to

Î2S

the Judge of the Court, b j whom such sentence, &c. had been given for k Letter

of Request, that he may thereby be enabled to put the same into execution;

which Letter of Request, he shall, by himself or his Agents, exhibit to the Judge

In document JUDICIAL -AND POLICE DEPARTMENTS (pagina 126-129)