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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 “...ises 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 the county of Cumberland, in the month of May, instead of April, 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 act, the general court shall consist of twelve judges.
o, wo, nor to allot 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, shall be made, the governor shall inform the several judges, to 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 appointments 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, 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.
14. Beit further enacted, That each judge of the general court, shall 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.
15. Be it further enacted, That all judgments rendered in the dis- 1807. trict courts before the first of January next, which shall, on that *-vthy, be wholly, or in part, unexecuted, shall be executed by the Judgments unexrespective superior, courts of those counties, in which the same ...”.” shall have been rendered. And every judgment rendered by the o ... court of appeals, after the said first day of January, upon any ap- Judgments of peal, writ of error, or supersedeas at law, shall be certified to the court of opols superior court of that county, in which the first Judgment shall *..." to have been rendered. And the power and duties 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. . .
16. Be it further enacted, That every cause in which the venue Whore vetoe hath been, or shall be changed by the general court, prior to the said . 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 ..." 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.
17. Beit 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 overed 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 Troceed to prepare dockets for the first terms of their respective courts.
18. Be it further enacted, That it shall be lawful for the clerks of ol. the district courts, to issue all such original writs or process there: too, on, until the first day of March aforesaid, directed to the several lobe 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 coroners, 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 ...". ! Petersburg, shall be under the jurisdiction of the superior court of ...'. Dinwiddie, and the city and borough court of Williamsburg, shall on of 15ividdie. 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.
20. Beit further enacted, That all acts and parts of acts, heretofore o 'oi"; passed and now in force, in respect to the district courts, their o tal clerks and other officers, shall be in force, as to the superior court.” hereby established, and their clerks and other officers; and their
respective powers, duties and rules of proceeding shall be the
21. Ali acts and parts of acts, coming within the purview of this repealing clause att, shall be, and the same are hereby repealed. - WV
1807, 22. This act shall commence and be in force, from and aster thc *-Y- first day of January next.
An Act Supplemental to the Act, entituled, “An Act, to organize and establish a Superior Court of Law in each County of this
Commonwealth.” - [Passed February 10, 1808.] *::::: * HE Judge of the superior court of each county, shail too, . public make such allowance to the clerk thereof, for his services services. in behalf of the commonwealth, as may be deemed reasonable ;
Provided, the same shall not exceed thirty dollars for any one And, to shariffs year. An allowance or compensation shall be made in like man** her to the sheriffs and jailors of the superior courts of counties, for their services for the commonwealth ; provided, no sheriff of any one of the said courts shall be aliowed a sum exceeding twenty dollars, and no jailor thereof a sum exceeding thirty dollars per
year. voire on not 2. In future venire men shall not be entitled to any compensation to be paid. for their services, and witnesses in all cases attending in the said
Witnesses same - allowance as superior courts, shall be entitled only to the same allowance as
county courts, witnesses attending in the county courts.
******* 8. No sheriff shall summon more than two guards, to assist him
number of - -: - -: l - ; , , --guards for pri- in conveying any one convict to the penitentiary.
to out 4. Each judge of the general court, before he'shall act as a * ***"judge of the circuit courts, shall take an oath as a judge of such
circuit courts, similar to that heretofore taken by a judge of the district courts, which oath may be taken before the executive, any court of record, or justice of the peace. A certificate whereof, shall be recorded in the general court, or a court in the circuit wherein such judge shall first sit.
... .o. 5. The circuit court directed to be holden for the county of court to be held - - - - ... Capitol, Henrico, shall be held at the capitol in the city of Richmond, and James City at he that to be holden for James City county, shall be held at the former oil in capitol in Williamsburg. Williamsburg. - 2. - Provision in case 6. If the judge shall not attend on the first day of any circuit j"o,” court, such court shall stand adjourned from day to day, until a ...d the first * - ... ? day fa.u..." court shall be made, if that shall happen before four of the clock in the afternoon of the third day. lf a court shall not sit in any term, or shall not continue to sit the whole term, or before the end of the term, shall not have heard and determined all matters ready for their decision, all such suits and things depending in court and undecided, shall stand continued to the next succeeding term. If from any cause the court shall not sit on any day in a term after it shall have been opened, there shall be no discontinuance; but so soon as the cause is removed, the court shall proceed to business until the end of the term, if the business depending before them be not sooner dispatched.
Tootion as to 7. Be it further enacted, That appeals, writs of error, superse.
appeals, &c. deas, and certiorari, shall lie, and be had from the judgments of the superior courts established by the act, to which this is a supplement, in the same manner, and to the same jurisdictions, as from the judgments of the district courts at present. * *
8. Be it further enacted, That deeds, wills, and other instruments, partly proved in any district court before the first day of January next, shall and may be fully proved and recorded in the superior court of the same county, in which such deeds, wills or other instruments shall have been in part proved.
9. Be it further enacted, That the superior court directed by this act, to be holden in the city of Richmond, shall possess and exercise all the special powers now exercised by the district court holden in the said city,
10. Be it further enacted, That if either of the judges of the general court be interested in any suit which in the case of any other person would have been proper for the jurisdiction of such judge, it shall be lawful to institute such suit, in any court within an adjacent circuit; and the process from such adjacent court may be served in the circuit to which such judge shall be allotted or in which he shall reside; and such proceedings shall be thereupon had. * *
11. Be it further enacted, That the county of Charlotte, shall belong to the third circuit, established by the act, to which this is a supplement, and a superior court of law, shall be holden for the samo, on the eighth of April and eighth of September, in every year.
12. A certiorari to remove proceedings on a forcible entry and detainer, or for any other purpose except the removal of a suit from an inferior court, may hereafter be granted in vacation, and without notice, by any jūdge of a circuit court, within their res
13. This act shall commence and be in force from and after the first day of January next.
An Act to amend the Act, entituled, “An Act reducing into one the several Acts for apprehending and securing Runaways.”*
[Passed February 1, 18081
1 Bo it enacted by the General Assembly, That any person who
may hereafter apprehend a runaway slave, shall be entitled to the reward of two dollars, and mileage as heretofore.
2. Be it further enacted, That in cases where the sheriff or sergeant of any county or corporation, is required to advertise any runaway in the Virginia Gazette, it shall be lawful for such officer to publish such advertisement, in any public newspaper, most convenient for that purpose.
3. And be it further enactsd, That if any runaway slave be hired out by any sheriff or sergeant, and the owner claim not within three months, the said sheriff or sergeant, shall proceed to hire the runaway out for three months more ; and so on for twelve months, unless the owner sooner claim such runaway. If the owner claim not within twelve months, the sheriff or sergeant, shall advertise for one month in some public newspaper, the time and place of selling the said runaway.
* Sec Rev. Code, vol. 1, ch. 131, pa. 246.
1807. \-yDeeds, &c. partly proved in dis. trict courts, how finished. .
Superior court in Richmond to exercise special power, &c.
How to proceed when judge is interested.
Court of Charlotte.
Certiorari to remove proceedings on forcible entry, &c. how to be obtained.
Reward for apprehending runaway.
Sheriff, how to advertise.
How to procee!
1807. 4. All acts and parts of acts, coming within the purview of this --' act, shall be, and are hereby repealed: commencement 5. This act shall commence and be in force, from the passing thereof.
1 Bo it enacted by the General Assembly, That so much of the
- act, passed on the tenth day of December, one thousand seven hundred and ninety-three, entituled, “An act, for further continuing and amending the act, entituled, an act for reducing into one, the several acts, concerning executions, and for the relief of insolvent debtors,” (a ) as directs, that when goods or other estate, taken in execution, cannot be sold for three-fourths of their value, the debtor or debtors, may give bond and security to pay the debt within twelve months, or that the said goods, or other estate, may be sold on twelve months credit, and every part of the said recited act, as concerns such executions, either in the appointment of commissioners to carry the same into effect, or for the direction of the * sheriff or other officer, or the clerk of any court in suing out execution on any such bond, or of any other person whomsoever, and of every matter or thing thereto appertaining, shall be, and the same is hereby declared to be in full force: And all courts, sheriffs and other officers, as well as the parties concerned, are to govern. themselves accordingly, any thing in any law to the contrary notwithstanding, " : " " ' ' ' ' ' ' '
ornmissioners - - $o ... 2. Be it further enacted, That before any commissioners ap
before sold pointed by the decree of any court of chancery, to sell any real or personal estate, or any trustee under any deed of trust, hereafter executed, shall proceed to sell the estate decreed to be sold, or conveyed in trust, the commissioners directed to be appointed by this act, or any three of them, shall value the estate intended to be sold, on the request of the creditor, and if three-fourths at least of Not to be sold the estimated value, shall not be offered by the highest bidder, the for less than . . estate shall not then be sold, nor shall it be at any time thereafter. throurth of sold during the continuance of this act, for less than three-fourths its value. of such estimated value: The valuation shall be made and entered in writing, signed by the commissioners, or any three of them, and delivered to the commissioners appointed by the courts of chancery, and to the trustees respectively. The commissioners who Allowance to may act by virtue of this section, shall be entitled to the sum of one * dollar for each day they shall be on ployed, to be paid by the creditor, to be taxed in the bill of costs. to :
- - *4 Provisions not to 3. The provisions of this act, shall not extend to executions, ão. o: which may issue against any sheriff or other public officer for de***** linquencies, or failing to pay money received on executions, nor to executions which may issue against any attorney at law, for money received in behalf of his client or clients.
4. All valuations of property made or to be made by commissi
o wo- * oners, shall baccording to the ordinary value of property, before the first of December, one thousand eight hundred and seven.
* (a) Sue Rev. Code, vol. 1, ch. 151, pa. 294,