1806. Commencement. tificates or orders therefor, in like manner as the clerks of the dis trict courts now do, as to witnesses attending those courts.* 2. This act shall be in force from and after the first day of March next. CHAP. LXXXVII. ·ecove An Act to amend the several Acts empowering Securities to recover 1. [Passed December 20, 1806.] Interest on money recovered in summary way by securities. Commencement. Jurisdiction of single justice extended to twenty dollars. Cause of action E it enacted by the General Assembly, That when any court of record within this commonwealth, shall hereafter render judgment on motion, in favor of any security or securities, his, her or their heirs, executors or administrators, against any principal obligor or obligors, his, her or their heirs, executors, or administrators, for any sum of money, or quantity of tobacco, which may have been paid or satisfied by such security or securities, his, her or their heirs, executors, or administrators, on account of such principal obligor or obligors, his, her or their heirs, executors, or administrators; such court shall allow interest in the said judgment, on the amount so paid or satisfied, from the time or times when the same shall have been paid or satisfied, until the said judgment shall be discharged. 2. This act shall commence and be in force from and after the first day of April next. CHAP. LXXXVIII. An Act further to extend the Jurisdiction of Justices of the Peace.t [Passed December 23, 1806.] 1. E it enacted by the General Assembly, That when any debt or penalty exclusive of interest, or the subject in controversy in trover and conversion, or detinue, shall not exceed twenty dollars, the same shall be cognizable and determinable by any one justice of the peace, who may give judgment thereon, according to the principles of law and equity, for the principal and interest due thereon, or for the value of the subject in controversy, with damages, as the case may be, and costs, and award an execution to be directed to any constable or other officer within this commonwealth, against the goods and chattels of the debtor, or party against whom such judgment shall be rendered, to be executed and returned as other writs of fieri facias are by law directed to be executed and returned; but no writ of capias ad satisfaciendum shall be granted by any justice of the peace: Provided, however, that no justice of the peace shall take cognizance of any attachment where the sum demanded shall exceed ten dollars. 2. The cause of action shall be stated in every warrant issued by to be stated in a justice requiring any person to appear before him, or some other justice, to answer in any suit for debt, detinue or trover; and all warrant * See Rev. Code, vol. 1, ch. 141, sec. 9, pa. 279.. † See Revised Code, vol. 1, ch. 145, pa. 281, and ch. 175, på. 323. + See Revised Code, vol. 1, ch. 67, sec. 6, pa. 84, jurisdiction 5 dollars, ch. 271, pa. 405, extended to 10 dollars. such warrants shall be made returnable on a certain day not ex- 1806. ceeding thirty days from the date thereof. 3. Executions shall be stayed on judgments given by a justice Executions to be of peace for any sum exceeding ten dollars, exclusive of costs and stayed. interest, forty days; the person requesting such stay giving such security as the justice rendering such judgment shall approve, for the payment thereof, with interest, until the same shall be satisfied, And, unless such judgment shall be paid and satisfied within the period before mentioned, execution shall thereupon be granted by such justice against the party and his security jointly, on which execution no security shall be taken. 4. If either party, in any suit hereafter to be brought before any Party cast may justice of the peace, shall think himself, herself or themselves griev- appeal. ed, where the debt or subject of trover, or detinue, or damages, exclusive of interest, shall exceed ten dollars, or the sum demanded on any penal statute shall exceed five dollars, such party, within. five days from the rendition of such judgment, may enter an appeal to the next monthly term of the county or corporation court, giving such security as the justice rendering the judgment shall deem sufficient for the payment thereof, and all costs and damages, in case the same shall be affirmed. 5. The verbal acknowledgment of any security required to be Verbal acknow. laken under this act shall be sufficient, and the endorsement by the ledgment of se justice of the name of such security upon the warrant, on which the curity sufficient. judgment shall be rendered, shall be conclusive evidence of such acknowledgment. 6. Appeals granted under this act shall be tried in a summary Appeals, how way without pleadings in writing on the day to which such appeal tried. shall be returnable, unless good cause be shewn by either party for a continuance; and the courts, in rendering judgments thereon, shall govern themselves by the principles of law and equity. And where judgment is affirmed, the same shall be entered for the amount of the original judgment and the costs of appeal, together with damages after the rate of ten per centum per annum upon the whole amount of the original judgment and costs from the date thereof until payment, and such judgment shall be entered against the principal and his security jointly, and execution thereon shall issue accordingly, and be endorsed, "no security to be taken."And if the judgment of the justice shall be reversed the appellant shali recover full costs. 7. Every justice of the peace from whose decision an appeal is Justice to transprayed, shall on or before the day to which the same shall be return- mit paperɛ tu able, transmit to the clerk the original warrant, with the judgment court and the name of the security endorsed thereon. And the clerk shall docket the same, and be entitled to the same fees upon such appeals as clerks of district courts are entitled to for similar services. Any person or persons who shall be compelled to pay money under this act as a security, his, her, or their executors and administrators, shall have the same remedy against the principal or principals, his, her, or their executors and administrators, by motion, for the amount so paid, with interest and costs thereon, as other securities are by law entitled to. 1806. Constable to re turn execution to court when nothing found to satisfy it, Justice may is sue executions & subponas for witnesses. Penalty on constable. Persons, when non-suited. Fees of counsel, &c. Motion against constable. Court to pronounce finally when they re verse judgment of justices. Repealing clause. 8. When the constable or other officer to whom any execution shall hereafter be directed by a justice of the peace shall not be able to find goods and chattels to satisfy the same, he shall make return thereof to the clerk of his county or corporation, who shall docket the same; and the party shall be entitled to such writ or writs of execution for the recovery of the amount due thereon, as if the judgment upon which such execution issued had been rendered in court, And the same proceedings shall be had upon executions to be issued by the clerks under this act, as upon executions founded upon judgments rendered by courts of law, and the clerks shall be entitled to the same fees for the services hereby required of them, to which they would have been entitled if such judgments had been rendered in court. 9. Every justice of peace shall have power to issue executions and subpoenas for witnesses to be directed to the constable or other officer of any county or corporation within this commonwealth, where the party or witness resides. 10. If any constable or other officer shall fail to make return of any execution to him to be directed under this act, cn or before the return day thereof (which shall in no case exceed sixty days from the date thereof) it shall be lawful for any justice of the peace, ten days notice being given, upon the motion of the party injured, to fine such constable or other officer, in any sum not exceeding five per centum per month, upon the amount of such execution, counting from the return day thereof. 11. Whosoever shall bring any action or suit, if it shall appear, either by his own shewing or the verdict of a jury, that a justice of the peace had cognizance under this act, shall be non-suited. 12. The same fees for counsel or attornies shall be taxed in the bills of costs upon appeals under this act, as were heretofore taxed upon petitions and summonses. 13. If any constable or other officer shall hereafter receive any money or tobacco upon any execution hereafter to be directed by any justice of the peace, and shall not pay the same to the party or his agent entitled thereto, upon the return of such execution, the party or parties, his, her, or their executors or administrators injured thereby, shall be entitled to the same remedy, by motion, for the sum so received, with interest and costs, against such constable or other officer and his security or securities, his, her or their executors and administrators, to which he would have been entitled against a sheriff for money received on an execution issued upon the judgment of a court of law. And the court of the county or corporation in which the bond of such constable or other officer is, or shall be deposited, shall have power to hear such motion, and to render judgment thereon.* 14. And be it further enacted, That every court within this commonwealth, on reversing any judgment of any justice of the peace, shall pronounce such final judgment, as, in their opinion, such justice ought to have rendered. 15. All acts and parts of acts contrary to this act, and particularly so much of the act, entituled," An act, reducing into one all acts See ante chap. 8, sec. 3. and parts of acts concerning the county and corporation courts," as relates to petitions for small debts and penalties, shall be and are hereby repealed. But all such petitions as shall be commenced and undetermined before the commencement of this act, shall be decided, and executions shall be issued on the judgments to be given thereon, in the same manner as if this act had not been made. 1806. 16. This act shall be in force from and after the first day of Commencement June next. CHAP. LXXXIX. An Act declaring the Law in cases of Discounts and Offsets.* [Passed December 29, 1806.] WHEREAS doubts have arisen whether there is any law now Preamble. in force regulating discounts and offsets in the courts of common law within this commonwealth; for removing whereof, berty to prove all discounts. 1. BE it enacted by the General Assembly, That when any suit Defendant at li shall be commenced and prosecuted in a court within this commonwealth, for any debt due by judgment, bond, bill, or otherwise, the defendant shall have liberty, upon trial thereof, to make all the discount he can against such debt, and upon proof thereof, the same shall be allowed in court. 2. This act shall be in force from and after the first day of May Commencement. next. CHAP. XC. An Act to amend the Act for reducing into one the several Acts prescribing the Oath of Fidelity, and Oaths of Public Officers.t 1: B [Passed December 30, 1806.] E it enacted by the General Assembly, That any person refusing to take an oath in the manner the same hath heretofore been usually administered, and declaring religious scruples to be the true and only reason of such refusal, if he or she shall use the solemnity and ceremony, and repeat the formulary observed on similar occasions, by those of the church or religious society of which such person professeth himself or herself to be a member, or to join in communion with, or shall use the solemnity and ceremony, and repeat the formulary which, in his or her opinion, is or ought to be observed on such occasions, according to the religion in which such person professeth to believe, he or she shall thereupon be deemed as competent a witness, or be as duly qualified to execute an office, or perform any other act, to the sanction whereof an oath is or shall be required by law, and shall be subject to the same rules, derive the same advantages, or incur the same penalties or forfeitures, as if he or she had sworn. * The substance and nearly the words of this act may be found in the edition of 1769, (22 Geo. 2, ch. 27, sec. 6,) pa. 249, but it has been omitted in the subscquent revisals. † See Rev. Code, vol. 1, chap. 57, pa. 55. Judicial oaths & caths of office, how to be taken 1806. Repealing clause. 2. So much of any act or acts, as comes within the purview of this act, shall be and is hereby repealed. Commencement. 3. This act shall be in force from the passing thereof. 1. Punishment on persons fraudu &c. bank notes. CHAP. XCI. An Act to punish certain Thefts and Forgeries.* [Passed December 31, 1806.]. BE it enacted by the General Assembly, That if any person shall fraudulently obtain, or aid or assist in obtaining from lently obtaining, the Bank of Virginia, or any of its offices of discount and deposit, any bank or post note, or money, by means of any forged or counterfeited check or order whatsoever, knowing the same to be forged or counterfeited, then every such person being duly convicted thereof, shall be sentenced to suffer imprisonment in the jail and penitentiary house, for a period of time not less than two, nor more than ten years. them. For forging or 2. And be it further enacted, That if any person shall forge or gounterfeiting counterfeit, or aid in forging or counterfeiting, or keep or conceal, or aid in keeping or concealing any instrument for the purpose of forging or counterfeiting the seal of the Bank of Virginia, then every such person, being duly convicted thereof, shall be sentenced to suffer imprisonment in the jail and penitentiary house, for a period of time not less than five years, nor more than fifteen years. For stealing them 3. And be it further enacted, That if any person shall steal or or robbery of take by robbery from another any bank or post note, then every such person, being duly thereof convicted, shall be sentenced to suffer imprisonment in the jail and penitentiary house, for a period of time not less than three years, nor more than ten years. Commencement. 4. This act shall commence and be in force from and after the passing thereof. Person refused to be received want of room. CHAP. XCII. An Act concerning Ideots and Lunatics.† [Passed January 6, 1807.] 1. E it enacted by the General Assembly, That when the court of directors of the hospital at Williamsburg for the reinto hospital for ception of persons of unsound minds, shall for want of room or other cause, refuse to receive any person sent to the said hospital, under the act, entituled, "An act reducing into one the several acts making provision for the restraint, support and maintenance of ideots and lunatics and the preservation and management of their estates," the officer and guard to whom such ideot or lunatic, or supposed ideot or lunatic was entrusted, shall carry him or her Magistrates to back to the magistrates before whom the examination was had, grant certificate who are authorised and required to give to the officer conducting such ideot or lunatic, or supposed ideot or lunatic, a certificate of the services so performed by himself and guard, and of the distance of the said hospital from the place whence such ideot or lunatic, or of service. See Rev. Code, vol. 1, ch. 133, pa. 249-ch. 171, pa. 320. † See Rev. Code, vol. 1, ch. 120, pa. 233-ch. 294, pa. 424. |