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after such appeal, do give bond with sufficient surety for prosecuting his appeal to effect, which bond shall be filed with the clerk of said court.
Sec. 2. And be it further enacted, That the supreme court shall have original jurisdiction in all cases properly cognizable by a court of chancery where the demand exceeds five hundred dollars, and appellate jurisdiction in all cases regularly brought before them from the chancery decisions of the courts of common pleas.
Sec. 3. And be it further enacted, That all applications to the courts of chancery shall be by petition, stating the nature and grounds of the demandant's claim; which petition shall be filed in the clerk's office of the proper court, on the first day of the term, and if it shall appear to the court, that the demandant hath not complete and adequate remedy at law, they shall order a subpoena or subpoenas to issue, requir. ing the defendant or defendants to appear at the next term, to answer to the matters and things contained in such petition; and in cases where any or all of the defendants reside out of this state, the court shall direct notice to be given of the filing of such petition, either by personal service, to be returned on oath, or by publication in such newspapers as will be most likely to convey information to all persons concerned, except such defendant or defendants have an attorney in fact, or an agent, residing in this state, in which case notice shall be given to such attorney or agent; and in all cases where the defendant or defendants reside in this state, such subpoena shall be served by leaving a true and attested copy thereof with such defendant or defendants, at his, her or their last usual place of abode, at least thirty days previous to the term to which it is returnable, and on such subpoena being returned executed, or on proof being made that such notice hath been given, if the defendant or defendants do not appear and file their plea or answer to such petition, by the second day of the term, the court shall proceed to hear and examine the evidence produced by the demandant, and shall decree as justice and equity may require.
Sec. 4. And be it further enacted, That the rules of evidence to be observed in courts of chancery, shall be the same as those in courts of law, excepting that the parties to and others interested in, any proceeding in a court of chancery, may be examined on Oath, touching any matter or thing before such court depend
ing, after answer filed and no plea in abatement - I to the jurisdiction of the court; no exception for want of jurisdiction, shall ever afterwards be . made, nor shall the supreme court or any court | of common pleas ever thereafter delay or refuse justice or reverse the proceedings for want of | jurisdiction, except in cases of controversy respecting lands lying without the jurisdiction of such court, and also of infants and femés covert, when a cross-petition shall be exhibited, the defendant or defendants to the first petition The rule of shall answer thereto, before the defendant Or to defendants to the cross-petition shall be com: pelled to answer to such cross-petition; the complainant shall reply or file his exceptions within two calendar months after the answer shall have been put in, if he fails so to do, the defendant may give a rule to reply, with the clerk of the court, which being expired and no replication or exceptions filed, the suit shall be dismissed, with costs. If the complainant shall except against any answer as insufficient, he may file his exceptions and give a rule with the clerk, to make a better answer, within two months, and if within that time the defendant shall put in a sufficient answer, the same shall f be received without costs, but if any defendant insists on the sufficiency of his answer, or neglects or refuses to put in a sufficient answer, or
shall put in another insufficient answer, the plaintiff may set down his exceptions to be argued the next term in court; and if upon argument, the complainant’s exceptions shall be overruled, or the defendant’s answer adjudged insufficient, the complainant shall pay to the defendant or the defendant to the complainant, such costs as shall be allowed by the court; and in case the defendant’s answer shall be adjudged insufficient, he or she may be examined upon interrogatories, and if the defendant shall neglect or refuse to answer such interrogatories within the time ordered by the court, the matter of the complaimant's petition, shall be considered as confessed and shall be decreed accordingly.
Sec. 5. And be it further enacted, That if the where plea
complainant conceives any plea or demurrer to .o.o. be bad, either for the matter or manner of it, * he may set it down with the clerk to be argued, or if he thinks the plea good but not true, he may take issue upon it and proceed to trial by jury, and if thereupon the plea shall be found false, the complainant shall have the same advantages as if it had been so found by verdict on trial at law, and if a plea or demurrer be overruled by the court, no other plea or demur