have been charged, if the obligors had been bound severally, as well as jointly; provided, however, that the plaintiff shall first pursue the surviving debtor to final judgment and execution. SEC. 46. No judgment rendered against a part only of the defendants in an action upon a joint contract, shall be a bar to any future action on said contract against such of the defendants upon whom or whose estate the writ in the original action may not have been served. SEC. 47. All persons appealing from any judgment rendered by any of the courts of common pleas to the supreme court, upon any bond for money or upon any promissory note for money, or upon any bill of exchange against the acceptor thereof, whether interest be expressed to be payable in the same or not, shall pay down the costs of the court of common pleas and give bond to prosecute the appeal so made; and if the appellee in such case shall recover therein at the supreme court, he shall also recover double costs at such supreme court, and also double interest on the debt from the day of the judgment of the court of common pleas appealed from, to the time of the final trial in the supreme court; provided, however, if the supreme court on such final trial shall be satisfied that such appellant had reasonable ground of defence, and that such appeal was not solely for delay, they shall allow only single interest from the day of the judgment of the court of common pleas appealed from to the time of such final trial, with single costs. SEC. 48. All original writs in which the plaintiff is not an inhabitant of this state shall, before the service of such writ, be endorsed by some sufficient person who is an inhabitant of the state; and in any case the court or justice of the peace before whom the same is pending may, upon motion of any defendant, upon cause shown, require the plaintiff to procure another or a sufficient endorser; and upon his neglecting to comply with such order, such case shall be dismissed with costs for the defendant. SEC. 49. Every such endorser shall be liable, in case the plaintiff make not his plea good, to pay all costs that shall be awarded against the plaintiff': provided, suit be brought therefor within one year after final judgment in such suit. SEC. 50. All actions and suits, as well in law as in equity, which concern the realty or any easement therein, or possession thereof; all actions of trespass for breaking and entering the close of the plaintiff, and all other actions in which title to real estate may be tried and determined, shall be brought and tried in the county in which the land lies; all other actions and suits shall be brought and tried in the county where the plaintiff or defendant, or some one of them if there be more than one plaintiff or defendant, shall dwell, if the plaintiff or defendant or any one of them, if there be more than one plaintiff or defendant, dwell in this state, or in that county in which the defendant or some one of them if there be more than one, shall be arrested. But if neither plaintiff nor defendant shall dwell in this state, such actions may be brought and tried in any county. Actions commenced by or against corporations established in this state shall be brought and tried in the county in which such corporation was located by its charter, if there be any such location; if not, then in the county in which the annual meetings of such corporation are required to be holden, or are actually holden, or in which the other party dwells; actions commenced by or against corporations established out of this state shall be brought and tried in any county in this state; all actions commenced contrary hereto, except as in the next succeeding section provided, shall be abated. SEC. 51. All actions commenced on any promissory note in the name of an assignee or endorsee against the original promisor, shall be commenced in the same county wherein such action ought by law to have been commenced if no assignment or endorsement of such note had been made; and no more costs shall be taxed, in any such action, than would, by law, be taxable, if the same had been commenced in the name of the original promisee. SEC. 52. The plaintiff or appellant in every civil cause in the supreme court or any court of common pleas, shall pay to the clerk thereof the sum of five dollars, for the trial of each issue tried separately to a jury in every such cause before the verdict on such issue shall be recorded; and the sum of two dollars and fifty cents for each cause which shall be opened to a jury, and disposed of without a verdict being rendered; to be paid by the clerks respectively into the general treasury. SEC. 53. Every judgment rendered by the supreme court or any court of common pleas, for debt or damages to the amount of twenty dollars, shall draw interest on such debt or damages, from the time of its rendition to the time of its discharge. SEC. 54. The clerks of said courts shall note on the margin of every execution the time when the judgment recited in the same was rendered; also, whether the execution was awarded against the defendant, in any suit brought against him for trespass or other injuries attended with force, or for any malicious injury to the person, health, liberty or reputation of the plaintiff in the suit, and whether the cause of action accrued before the fifteenth day of June, one thousand eight hundred and thirty-nine. SEC. 55. Every sheriff, deputy sheriff and town sergeant, charged with the service of any execution issued by either of said courts, for twenty dollars or upwards, debt or damages, shall levy, collect, receive and pay over, interest on the same debt or damages, from the date so entered on the margin, up to the time of its discharge by him. SEC. 56. Every judgment shall be entered as of the last day of the term in which it is rendered, unless there is an express order of the court for the entry thereof on some other day; in which case the day shall be noted by the clerk on his docket. SEC. 57. Executions, original or alias, may be issued at any time within six years from the rendition of the judgment originally, or from the return day of the last execution. SEC. 58. The supreme court and courts of common pleas shall have power to divide or apportion between the parties in a suit pending, the fees of surveyors and other persons performing services therein by direction of the court. It is enacted by the General Assembly, as follows: SECTION 1. The fees of the several officers herein after named, for the services herein after enumerated, shall be as follows: Justices of the Supreme Court. For every writ granted out of term, For examining every bill of costs, $0 25 10 For every judgment, order or decree on any petition, For examining every applicant for relief under the Courts of Common Pleas and the Justices thereof. For the entry of every action, petition and complaint, For the entry of every special court action, if answer be filed and the justices meet, But if no answer be filed, For examining every applicant for relief under the act For examining and allowing every bill of costs, For every day spent in examining a turnpike road, The Secretary of State. $1.00 For receiving and allowing a bond, 15 For all copies, for every page of two hundred words, 10 10 For making a certificate and affixing seal of the state where the state is not a party, 1.00 For examining and allowing every bill of costs on petitions to the general assembly, For each petition entered in the senate, For each petition filed in the office, For the continuance of every petition, each term, For recording votes on petitions, for every page of two hundred words, For every citation or notice, For every writ of execution issued by him, The Attorney General. For every indictment drawn which shall be found by the grand jury, 1.00 For the argument of every indictment within the exclusive jurisdiction of the supreme court, in which issue is joined in law or in fact, For the argument of every other indictment in which issue is joined in law or in fact, For attending the general assembly, the supreme courts and the courts of common pleas, by the day, $5 00 4.00 1 00 For every writ, Clerks of the Supreme Court. For the entry of every writ, action or petition, For all copies of every lawful page of two hundred words, For searching records, by the hour, For attending the court, by the day, For subpoena in equity, For writ and rule to referees, For acknowledging satisfaction of judgment upon re cord, For taxing and examining every bill of costs, For recording return of partition, for every page of two hundred words. For all civil actions, if disposed of the first term, For all suits in equity, same as in civil actions, with the addition of ten cents for recording every page of two hundred words, For all petitions, except for the benefit of the insolvent act, if disposed of the first term, 2 00 For every continuance, 1 00 For indictment, within the exclusive jurisdiction of the supreme court, if disposed of the first term, 6 00 For every continuance, 2 50 For every other indictment, if disposed of the first term, 4 00 For every continuance, 2 00 For every petition for the benefit of the insolvent act, if disposed of the first term, 1 50 For every continuance, For every recognizance, if disposed of the first term, Clerks of Courts of Common Pleas. For every nil dicit, For every answered action, if disposed of the first term, 50 1 00 50 75 1 25 1.00 |