SEC. 5. The provisions of this chapter shall not extend to any judgment rendered on any contract made before the first day of January, A. D. 1852, or judgment rendered on any note or mortgage executed by the debtor and his wife, nor any claim for labor less than one hundred dollars, nor to impair the lien by mortgage of the vendor for the purchase money of the homestead in question, nor of any mechanic or other person for any debt contracted for or in aid of the erection of the buildings, nor from the payment of taxes due thereon.

SEC. 6. No conveyance or alienation by the husband of any property exempt and set off as aforesaid, shall be valid unless the wife join in the deed of conveyance: provided, however, that such husband may, without the consent of his wife, mortgage such homestead, at the time of the purchase thereof, for the payment of the purchase money.

SEC. 7. The provisions of this act shall not be so construed as to affect any property fraudulently purchased by the debtor, when in insolvent circumstances.

SECTION 1. No female shall be arrested or imprisoned upon any writ in any action founded on contract.

SEC. 2. No person entitled to vote at any town meeting, shall be liable to arrest upon any civil process on the day on which such meeting is held.

SEC. 3. No officer or soldier shall be liable to arrest upon any civil process while going to, returning from or attending at any military exercise or parade, or any court martial or court of inquiry, which it shall be his duty to attend.

SEC. 4. No executor or administrator shall be liable to arrest for any cause of action against any person deceased.

SEC. 5. No sheriff shall be liable to arrest upon any civil process while he remains in office.

SEC. 6. No person shall be liable to arrest on mesne process in any real action or action of ejectment.

SEC. 7. No person shall be arrested or imprisoned on any writ in any action founded on a contract, unless the debt or damage for the recovery of which such action may be brought, exclusive of all the costs, shall exceed the sum of thirteen dollars and thirty-three cents.

.SEC. 8. No person shall be arrested upon any writ or execution founded on a contract made after the first day of March, one thousand eight hundred and forty-one, unless the plaintiff or some person in his behalf shall make an affidavit before a justice, on the back of such writ, that in his belief the defendant is justly indebted to him in a certain sum exceeding thirteen dollars and thirty-three cents, and that he conceals his property so that no attachment or levy can be made, or that there is good reason to believe he is about to leave the State to avoid the payment of his debts. (R. S., sec. 8; amended by laws of 1843, chap. 35.)

SEC. 9. The defendant in such case, when arrested, may require the officer making the arrest, to carry him before two justices, one of whom shall be of the quorum; and such justices upon considering his affidavit and such evidence as may be laid before them, if they believe he does not so conceal his property and has no intention to leave the State, may make an order for his discharge upon the writ or execution, and he shall be released.

SEC. 10. At the return term of such writ the defendant may move the court to be discharged, or that his bail or sureties may be discharged, and the court upon satisfactory evidence that the defendant does not conceal his estate and does not intend to leave the State, may order such discharge.

SEC. 11. No such discharge nor any discharge of any person arrested or imprisoned on execution, shall discharge the debt or judgment upon which the execution issued.

SEC. 12. In any case when no sufficient attachment has been made, and there is no sufficient bail, the court or any justice thereof, upon motion and satisfactory evidence that the defendant intends to leave the State, may order a capias to issue, on which the defendant may be arrested and held to bail as on an original writ.

SEC. 13. When any person shall be arrested on mesne process, he shall be committed to jail, unless he shall procure one or more persons of sufficient ability, to the satisfaction of the officer, to

become his bail by endorsing their names or signatures, as bail, on the back of the writ.

SEC. 14. Any person committed to jail before judgment by any officer, or by his bail, or upon a surrender by his bail in court, shall be discharged upon procuring one or more persons of sufficient ability, to the satisfaction of the keeper of the jail, to become his bail by endorsing their names or signatures, as bail, on the back of the copy or order of court on which such person shall be detained in jail, and the jailer shall make return of such copy or order and his doings thereon, into the court, and such endorsement and return shall be of the same force and effect as if made on the original

writ.

SEC. 15. The officer taking any person as bail, shall return his name and place of abode upon the writ, copy or order of court on which such person shall be arrested or detained in prison.

SEC. 16. If any person shall be committed to prison by the officer or his bail, or upon surrender by his bail, he shall, unless he shall be bailed before the judgment, be held in prison until the expiration of thirty days after the rendition of such judgment for the plaintiff as execution may issue upon, unless sooner legally discharged.

TITLE XXII.

OF PROCEEDINGS IN COURTS.

CHAPTER 198. Of nonsuit, default, notice and abatement.
CHAPTER 199. Of tender, confession, pleading and set-off.
CHAPTER 200. Of views and evidence.

CHAPTER 201. Of depositions in perpetual remembrance.
CHAPTER 202. Of auditors.
CHAPTER 203. Of judgments.

CHAPTER 204. Of costs.

CHAPTER 205. Of reviews and new trials.

7. "

by advertisement before jus- 17. Marriage of female plaintiff not to

8. Bond to respond on review, when.

SECTION 1. If any person shall neglect to enter in court any action by him commenced, in which any process shall have been served on the defendant, judgment shall be rendered against him, on complaint, for costs.

SEC. 2. If the plaintiff, after entry of any action, shall become nonsuit, judgment shall be rendered against him in favor of the defendant for costs.

SEC. 3. If any defendant, on whom process has been duly served, shall neglect to appear at the court to which the same is

returned, his default shall be recorded and judgment shall be rendered against him for such damages as, upon inquiry, the plaintiff shall appear to have sustained.

SEC. 4. The defendant may be permitted to enter an appearance after a default, at the discretion of the court or justice, upon the payment of reasonable costs.

SEC. 5. In any action commenced against any defendant who is not an inhabitant of this State, or whose residence is unknown to the officer serving the writ, and the goods and estate of the defendant within this State shall be attached, or when the defendant shall be absent from the State at the time of commencing such action, and shall not have returned at the time appointed for trial, and no personal service is made on the defendant, the court, on the suggestion thereof, may order the action to be continued and notice to be given of the pendency thereof, by publishing the order of court in such newspaper printed in this State, and for such period of time as the court may therein direct, the last publication to be at least thirty days before the next term of the court.

SEC. 6. The court may also, in their discretion, order such further notice and in such form, by mail or otherwise, as they may think proper, and upon satisfactory evidence that the order of the court has been complied with, such notice shall be sufficient.

SEC. 7. In actions before a justice commenced by attachment, if no personal service is made upon the defendant by reason that he resides out of the State, or that his residence is unknown to the officer serving the writ, the action shall be continued not less than sixty nor more than ninety days, and the justice shall order notice of the pendency of such suit to be given by posting up a copy of such order in two or more public places in the town where the defendant was last known to be an inhabitant in this State, forty days at least before the day to which said action shall be continued.

SEC. 8. If the defendant shall not appear at the time and place to which said action was continued, judgment shall be rendered on satisfactory evidence that notice has been posted up as aforesaid, and execution shall issue thereon upon the plaintiff filing with the justice a bond, with sufficient sureties, to the defendant, to respond the judgment which the defendant may recover upon a

review of said action.

SEC. 9. Such review may be brought before the justice at any time within two years after the rendition of the judgment, and the plaintiff in such review may have the benefit of all pleas and advantages which he might have had in the original action.

SEC. 10. No writ, declaration, return, process, judgment or other proceeding in the courts or course of justice, shall be abated, quashed or reversed for any error or mistake, where the person or case may be rightly understood by the court, nor through defect or want of form or addition only, and courts and justices may, on motion, order amendment in any such case.