trick, on the seventh of May and seventh of October; in the county of Franklin, on the twelfth of May and twelfth of October; and in the county of Bedford, on the seventeenth of May and seventeenth of October, in each year, which counties shall compose the third circuit. A court shall be holden in the county of Grayson, on the first of April and first of September; in the county of Washington, on the eighth of April and eighth of September; in the county of Lee, on the eighteenth of April and eighteenth of September; in the county of Russell, on the twenty-eighth of April and twenty-eighth of September; in the county of Tazewell, on the eighth of May and eighth of October; in the county of Giles, on the seventeenth of May and seventeenth of October; in the county of Montgomery, on the twenty-sixth of May and twentysixth of October; and in the county of Wythe, on the sixth of June and sixth of November, in each year, which counties shall compose the fourth circuit. A court shall be holden in the county of Chesterfield, on the twenty-fourth of March and twenty-fourth of August; in the county of Henrico, on the third of April and third of September; in the county of New-Kent, on the twentieth of April and on the twentieth of September; in the county of Charles City, on the twenty-sixth of April and on the twenty-sixth of September; in the county of James City, on the second day of May and on the second day of October; in the county of York, on the sixth day of May and on the sixth day of October; in the county of Warwick, on the fourteenth day of May and on the fourteenth day of October; in the county of Elizabeth City, on the twentieth day of May and on the twentieth day of October, in each year, which counties shall compose the fifth circuit. A court shall be holden in the county of Louisa, on the first of April and first of September; in the county of Fluvanna, on the eighth of April and eighth of September; in the county of Cumberland, on the fifteenth of April and fifteenth of September; in the county of Buckingham, on the twenty-second of May and twenty-second of September; in the county of Goochland, on the twenty-ninth of April and twenty-ninth of September; in the county of Powhatan, on the eighth of May and eighth of October; in the county of Hanover, on the fifteenth of May and fifteenth of October; and in the county of Caroline, on the twenty-second of May and twenty-second of October, in each year, which counties shall compose the sixth circuit. A court shall be holden in the county of Accomack, on the first of April and first of September; in the county of Northampton, on the ninth of April and ninth of September; in the county of Mathews, on the eighteenth of April and eighteenth of September; in the county of Gloucester, on the twenty-fifth of April and twenty-fifth of September; in the county of Middlesex, on the first of May and first of October; in the county of Essex, on the ninth of May and ninth of October; in the county of King William, on the sixteenth of May and sixteenth of October; and in the county of King and Queen, on the twenty-fourth of May and twenty-fourth of October, in each year, which counties shall compose the seventh circuit. A court shall be holden in the county of Lancaster, on the first of April and first of September; in the county of Northumberland, on the seventh of April and seventh of September; in the county of Richmond, on the fourteenth of April and fourteenth of September; in the county of Westmoreland, on the twenty-first of April and twenty-first of September;

15

1807.

Court to sit till business is disMatched, unless

another shall interfere.

in the county of King George, on the twenty-nth of April and twenty-ninth of September; in the county of Stanford, on the sixth of May and sixth of October; in the county of Prince William, on the fourteenth of May and fourteenth of October; and in the county of Fairfax, on the twenty-second of May and on the twenty-second of October, in each year, which counties shall compose the eighth circuit. A court shall be holden in the county of Spottsylvania, on the twenty-second of March and the twenty-second of August; in the county of Fauquier, on the first of April and first of September; in the county of Culpeper, on the eighth of April and eighth of September; in the county of Madison, on the sixteenth of April and sixteenth of September; in the county of Orange, on the twenty-fourth of April and twenty-fourth of September; in the county of Albemarle, on the second of May and second of October; in the county of Amherst, on the tenth of May and eighteenth of October; and in the county of Nelson, on the eighteenth of May and tenth of October, in each year, which counties shall compose the ninth circuit. A court shall be holden in the county of Loudon, on the first of April and first of September; in the county of Jefferson, on the seventh of April and seventh of September; in the county of Berkeley, on the fourteenth of April and on the fourteenth of September; in the county of Hampshire, on the twenty-second of April and twenty-second of September; in the county of Hardy, on the twenty-eighth of April and twentyeighth of September; in the county of Rockingham, on the seventh of May and seventh of October; in the county of Shenandoah, on the fifteenth of May and fifteenth of October; and in the county of Frederick, on the twenty-third of May and twenty-third of October, in each year, which counties shall compose the tenth circuit. A court shall be holden in the county of Augusta, on the first of April and on the first of September; in the county of Rockbridge, on the eighth of April and on the eighth of September; in the county of Botetourt, on the sixteenth of April and on the sixteenth of September; in the county of Monroe, on the twenty-second of April and on the twenty-second of September; in the county of Greenbrier, on the thirtieth of April and on the thirtieth of September; in the county of Bath, on the eighth of May and on the eighth of October; in the county of Pendleton, on the sixteenth of May and on the sixteenth of October; and in the county of Randolph, on the twenty-fifth of May and on the twenty-fifth of October, in each year, which counties shall compose the eleventh circiut. A court shall be holden in the county of Brooke, on the first of April and first of September; in the county of Ohio, on the eighth of April and on the eighth of September; in the county of Monongalia, on the fifteenth of April and on the fifteenth of September; in the county of Harrison, on the twenty-fourth of April and on the twenty-fourth of September; in the county of Wood, on the third of May and on the third of October; in the county of Mason, on the twelfth of May and on the twelfth of October; in the county of Kanawha, on the twenty-fourth of May and on the twenty-fourth of October, in each year, which counties shall compose the twelfth circuit. Each of the aforesaid courts, shall sit until the business thereof shall be dispatched, unless the judge holding the same, be compelled to leave the court, in order to arrive in time, to the next succeeding court of his circuit. And whenever any of the aforesaid court days, shall happen on a Sunday, the court shall commence on the next day.

2. Be it further enacted, That the superior courts of law, to be 1807. holden as aforesaid, in each of the said counties of this commonwealth, shall have, possess and exercise, all the rights, jurisdic- Jurisdiction of tions and powers, whether criminal or civil, over all persons and the courts. things, within the limits of the respective counties, in which they may be holden, that the district courts of law do possess, and might or could have exercised under the law as heretofee, within their respective limits.

district courts.

3. The practice and proceedings in the said superior courts of Practice and prolaw, shall be regulated by the same laws and rules, as have been ceedings same as enacted and established, and do now exist for the regulation of the proceedings of the district courts of law.

4. The same right of appeal, which is now allowed from the county Also right of ap and corporation courts, to the district courts of law, shall still be peal to and had to the said superior courts of law, and all process issuing under the law as heretofore, and which would have been returned to the district courts of law or any of them, shall be in future returned to the superior court of the county, in which the said process may issue.

5. The right of appeal, shall remain and be exercised as hereto- From said courts fore used in the district courts.

courts.

6. The sheriffs of counties, shall act as sheriffs of the aforesaid su- Sheriffs of counperior courts holden in their respective counties, and shall summon ties to act as sheand impannel therefor, grand juries as they have been heretofore rifs of said summoned for the district courts. The said sheriffs and clerks, Their duties. shall moreover do and perform, all the duties appertaining to clerks of, and sheriffs attending on, the district courts, under the law as at present. The judge of each circuit, shall appoint for Judge to appoint their respective courts, a prosecutor for the commonwealth, who prosecutor for shall be allowed five dollars per day, for every day he may be en- wealth. gaged in the public service, to be certified by the judge; Provided, His wages. that the sum received by any attorney, shall not exceed the sum of Proviso. fifty dollars per annum, for services in any one of the said superior

courts.

the Common

7. All officers' fees, for their services in suits in the aforesaid su- Fees of officers. perior courts of law, shall be the same as are allowed at this time, for similar services in the present district courts of law.

8. All causes depending in the present district courts of law at the Causes dependtime when this act shall go into operation, shall be arranged by the ing in present district courts, respective clerks thereof, and all the papers and documents belong- how to be arraning to each cause, shall be by the said clerks, transmitted to the ged, &c. clerks of those counties respectively, in which the first named defendant in the cause may reside, or where there are more than two defendants, to the clerk of the county, wherein a majority of the defendants reside: Provided, a majority reside in any one county, together with a state of the costs accrued in each cause, and the superior courts of the counties, to which the said causes may be sent, shall take cognizance thereof. The clerks of the aforesaid superior courts of law, in the counties wherein the present district courts of law are holden, shall receive into their possession, and are hereby charged with the custody of the books, records and papers, belonging to the said district courts of law, holden as aforesaid, in their said counties; and in default of the present elerks of the said district courts of law, making the arrangements

1807.

Quarterly court

and transmitting the papers in causes depending in their courts, as is required by the preceding section, the clerks hereby appointed to receive the said papers, shall arrange and transmit the same as aforesaid, and all clerks for making the said arrangements, and transmitting causes into counties as aforesaid, shall receive such compensation therefor, as the judge of each superior court to which the said uses may be transmitted, shall in his discretion allow. In order to provide a judge for each of the said circuits.

9. Be it further enacted, That quarterly courts shall be holden for of Cumberland, the county of Cumberland, in the month of May, instead of April, changed. in every year; for the county of Accomack, in the month of February, instead of March, and in September, instead of August, in every year; and for the counties of Campbell, York, and Pittsylvania, in the month of June, instead of May, in every year. 10. Be it further enacted, That from the commencement of this consist of twelve act, the general court shall consist of twelve judges. Judges

General court to

Govenor to allot the judges.

Governor to in

11. Be it further enacted, That so soon as two additional judges shall be appointed and qualified, in pursuance of this act, the governor with the advice of council, shall proceed to allot one judge of the general court to each of the circuits hereby established, who shall perpetually hold the superior court within the same thereafter; and whenever thereafter, a vacancy shall happen in the general court, the person appointed to supply the same shall, after his appointment, reside in the circuit, to which his predecessor shall have been allotted.

12. Be it further enacted, That so soon as the allotment aforesaid, fm the judges shall be made, the governor shall inform the several judges, to of their allotment which of the circuits they shall have been severally allotted, and each of the said judges, shall thereupon proceed by deed under his hand and seal, to appoint a clerk for each of the superior courts within his circuit, except the superior court of that county, in which a district court may have been holden within the same, the clerk whereof, shall be the clerk of the superior court of that county, in which such district court shall have been holden. And the ap

Judges to appoint clerks.

Clerks may ap

pointments so to be made shall, on or before the first day of March next, be certified by the judges to the several county courts, who shall proceed to take such bond from the said clerk, and administer such oaths to him, as were heretofore required in the case of the clerks of district courts.

13. Be it further enacted, That the clerks of the several courts, point deputies. hereby established, shall have power to appoint deputies, with the approbation of their several courts, who shall be qualified as deputies of the county clerks are usually qualified; and thereupon such deputies, shall have full power and authority to do and perform all the several acts and duties enjoined upon their principals.

Judges may 14. Be it further enacted, That each judge of the general court, shall change the venue have power, on motion made and for good cause shewn at the bar of any superior court within his circuit, to change the venue in any cause depending in either of the courts hereby established within his circuit; so that such change be to some other court within the same circuit. But the general court shall have power as heretofore, to change the venue from circuit to circuit.

1807.

Judgments unex

15. Be it further enacted, That all judgments rendered in the district courts before the first of January next, which shall, on that day, be wholly, or in part, unexecuted, shall be executed by the respective superior courts of those counties, in which the same ecuted, to be ex shall have been rendered. And every judgment rendered by the circuit courts. ecuted by the court of appeals, after the said first day of January, upon any áp- Judgments of peal, writ of error, or supersedeas at law, shall be certified to the court of appeals superior court of that county, in which the first judgment shall to be certified to have been rendered. And the power and duces of the said last mentioned court, and of the clerk thereof, shall be the same in relation to such judgment, as the power and duties of the district court, and the clerk thereof would have been, if this act had never been passed.

said courts.

16. Be it further enacted, That every cause in which the venue Where venue hath been, or shall be changed by the general court, prior to the said has been chang ed prior to opefirst day of January, and which shall remain untried on that day, ration of this act, shall be tried by the superior court of that county, to which the to be tried in that same shall have been removed. And the superior courts of those county where counties, in which the respective district courts are now holden, shall have jurisdiction to try all such causes, as on the first day of January next, shall remain on the dockets thereof, and which shall not be transmitted to some other county for trial, by virtue of this act.

sent.

clerks.

17. Be it farther enacted, That all the papers hereby directed to be Papers, when to certified by the clerks of district courts, to the clerks of the courts be delivered to hereby established, shall be delivered to the last mentioned clerks, on or before the first day of March, in the year one thousand eight hundred and nine, who shall thereupor proceed to prepare dockets for the first terms of their respective courts.

sue process and

18. Be it further enacted, That it shall be lawful for the clerks of Clerks of district the district courts, to issue all such original writs or process there- courts, how to ison, until the first day of March aforesaid, directed to the several how to be return sheriffs or coroners within their respective districts, as they might ed. heretofore have lawfully issued; but all such writs or process thereon, as would have been returnable to the district courts, shall by the several sheriffs and corners, be returned into their several superior courts in the same manner as if the same had been made there returnable.

19. Be it further enacted, That the town and borough court of Town court of Petersburg, shall be under the jurisdiction of the superior court of Petersburg to be under jurisdictiDinwiddie, and the city and borough court of Williamsburg, shall on of Dinwiddie. be under the jurisdiction of the superior court of James City county; and the clerk of the district court of Williamsburg, shall be the clerk of the last mentioned superior court.

force, &c.

20. Be it further enacted, That all acts and parts of acts, heretofore Acts regulating passed and now in force, in respect to the district courts, their district courts in clerks and other officers, shall be in force, as to the superior courts hereby established, and their clerks and other officers; and their respective powers, duties and rules of proceeding shall be the

same.

21. All acts and parts of acts, coming within the purview of this Repealing clause act, shall be, and the same are hereby repealed.