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1807.

Judges to make

allowance to Clerks for public services.

And to Sheriffs and Jailors.

Venire men not to be paid.

Witnesses same allowance as county courts.

Sheriff limited in number of

22. This act shall commence and be in force, from and after the first day of January next.

CHAP. CXXI.

An Act Supplemental to the Act, entituled, "An Act, to organize and establish a Superior Court of Law in each County of thie Commonwealth."

1

[Passed February 10, 1808.]

HE Judge of the superior court of each county, shall

THE of the the clerk thereof, for his services

in behalf of the commonwealth, as may be deemed reasonable; Provided, the same shall not exceed thirty dollars for any one year. An allowance or compensation shall be made in like manner 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 allowed a sum excceding twenty dollars, and no jailor thereof a sum exceeding thirty dollars per

year.

2. In future venire men shall not be entitled to any compensation for their services, and witnesses in all cases attending in the said superior courts, shall be entitled only to the same allowance as witnesses attending in the county courts.

3. No sheriff shall summon more than two guards, to assist him guards for pri- in conveying any one convict to the penitentiary.

soners.

judge to take an oath.

Henrico circuit

court to be held

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.

5. The circuit court directed to be holden for the county of at the Capitol, & Henrico, shall be held at the capitol in the city of Richmond, and James City at the that to be holden for James City county, shall be held at the former former Capitol in capitol in Williamsburg.

Williamsburg.

nd the first day of a court.

Provision in case 6. If the judge shall not attend on the first day of any circuit. judge should not court, such court shall stand adjourned from day to day, until a court shall be made, if that shall happen before four of the clock in the afternoon of the third day. If 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.

appeals, &c.

Pegulation as to 7. Be it further enacted, That appeals, writs of error, superse-. 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.

1807. 3

Deeds, &c. partly proved in dis. trict courts, how finished.

Superior court in Richmond to exercise special

power, &c.

10. Be it further enacted, That if either of the judges of the How to proceed when judge is general court be interested in any suit which in the case of any interested. 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 Court of Charbelong to the third circuit, established by the act, to which this is lotte. a supplement, and a superior court of law, shall be holden for the same, on the eighth of April and eighth of September, in every year.

12. A certiorari to remove proceedings on a forcible entry and Certiorari to redetainer, or for any other purpose except the removal of a suit move proceedings on forcible from an inferior court, may hereafter be granted in vacation, and entry, &c. how to without notice, by any judge of a circuit court, within their res- be obtained. pective jurisdictions.

13. This act shall commence and be in force from and after the Commencement. first day of January next.

CHAP. CXXII.

An Act to amend the Act, entituled, " An Act reducing into one the several Acts for apprehending and securing Runaways."*

1

[Passed February 1, 1808]

E it enacted by the General Assembly, That any person who Reward for ap may hereafter apprehend a runaway slave, shall be entitled prehending run

to the reward of two dollars, and mileage as heretofore.

away.

advertise.

2. Be it further enacted, That in cases where the sheriff or ser- Sheriff, how to geant 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.

does not claim

3. And be it further enacted, That if any runaway slave be hired How to proceed out by any sheriff or sergeant, and the owner claim not within when owner 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.

Commencement

4. All acts and parts of acts, coming within the purview of this act, shall be, and are hereby repealed.

5. This act shall commence and be in force, from the passing thereof.

CHAP. CXXIII.

An Act concerning the Sale of Property under Executions and In

Replevy law re 1 vived.

Commissioners to value estate" before sold.'

Not to be sold for less than

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cumbrances.

[Passed February 1, 1808.]

E 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.

2. Be it further enacted, That before any commissioners appointed 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 the estimated value, shall not be offered by the highest bidder, the estate shall not then be sold, nor shall it be at any time thereafter three-fourths of sold during the continuance of this act, for less than three-fourths 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 Commissioners. dollar for each day they shall be employed, to be paid by the creditor, to be taxed in the bill of costs.

its value.

Provisions not to

3. The provisions of this act, shall not extend to executions, extend tAttor which may issue against any sheriff or other public officer for denies, Sheriff's, &c 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.

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4. All valuations of property made or to be made by commissioners, shall be according to the ordinary value of property, before the first of December, one thousand eight hundred and seven.

(a) See Rev. Code, vol. 1, ch. 151, pa. 294.

5. The provisions of this act, shall not be construed to extend to any execution issued upon any judgment obtained by any bank established by law.

1907.

this act to be extended to execu

The provisions of this act, shall extend to executions issu- Provisisions of ed by any justice of the peace, mayor or alderman, for all sums exceeding ten dollars, exclusive of costs; and the constable or other tions above ten officer, taking any bond, by virtue of this act, shall return the same dollars. within thirty days, to the clerk's office of the county, in which such execution shall have issued, to be proceeded on as other replevy bonds. And all executions which shall be awarded or forthcoming Proceedings on forth coming bonds executed before the commencement of this act, shall be pro- bonds. ceeded in as other executions: but the proceedings on all forthcoming bonds executed thereafter, shall be as heretofore.

7. So much of this act as authorises the appointment of commis- Commencement. sioners, shall be in force from and after the passing thereof: And the several county and corporation courts, shall appoint such commissioners at their next February terms, or as soon thereafter, as practicable; and the residue of this act, shall commence, and be in force, from and after the first day of March next, and continue in force, until the expiration of thirty days after the discontinuance of the embargo, laid by the Congress of the United States during the present session. But so much of this act, and the above recited act, as authorises and directs the manner of proceedings on replevy bonds, taken by virtue of this act, shall be, and the same is hereby made perpetual.

CHAP. CXXIV,

An Act to authorise the Executive to distribute Arms in certain cases. [Passed February 5, 1808.]

1

certain cases.

E it enacted by the General Assembly, That the governor, with the advice of the council of state, be, and he is hereby Executive to dis authorised, at his discretion, to arm such portions of the militia of tribute arms in this commonwealth, as may at any time be called into actual service, or who, from their particular situation, may be most exposed to invasion or insurrection; any law to the contrary notwithstanding.

CHAP. CXXV.

An Act authorising William Waller Hening to Publish an Edition of certain Laws of this Commonwealth, and for other purposes.

WH

[Passed February 5, 1808.]

7HEREAS it hath been represented to the present general assembly, by William Waller Hening, that he hath at very considerable trouble and expense, made a collection of all the laws of Virginia, now extant, which have been enacted since the first settlement of this country: And whereas the titles to property to a large amount of money of many of the citizens of this commonwealth depend, in many instances, on an act of the general assembly, which exists only in manuscripts, and of which, there is but a single copy; for the preservation of which titles, it is deemed highly expedient, that such of the laws of Virginia, as were passed prior to the year one thousand seven hundred and ninety-two, when the last revisal was made, should be printed and distributed: And the

reamble?

158

1

1807.

To be of authori

Governor to sub

IN THE THIRTY-SECOND YEAR OF THE COMMONWEALTH,

said William Waller Hening, having petitioned the legislature to aid him in the publication of the said laws, and so to provide that they may be considered as of legal authority:

1. Be it therefore enacted, That upon the certificate of Creed ty on the certifi- Taylor, William Wirt, and William Munford, or any two of them, eate of C.Taylor, Wm. Wirt and being published with the said laws, stating that they had carefully Wm. Munford. compared the edition of the acts so to be published, with the origi nal laws, and found them to be truly and accurately printed, they shall be received and considered of equal authority in the courts of this commonwealth, as the originals, from which they are taken. 2. And be it further enacted, That the governor be, and he is scribe on behalf hereby authorised and required, to subscribe on behalf of the comwealth, for 150 monwealth, and on such terms, as individuals are permitted to copies. subscribe, for one hundred and fifty copies of the edition proposed to be published as aforesaid, the price whereof shall be paid out of the treasury, upon a warrant or warrants to be issued by order of the executive: Provided, That the price shall not exceed five dollars per volume, of six hundred pages large octavo, nor shall more than one volume of the said edition to the number of copies taken by the state be paid for out of the treasury in any one year.

of common

How to be distri buted.

3. And be it further enacted, That the copies so subscribed for on behalf of the commonwealth, shall be distributed by the execu tive, according to their discretion.

4. This act shall commence and be in force, from the passing

Commencement. thereof.

Majority of justices necessary, when certain duties are perform

ed by the courts.

CHAP. CXXVI.

An Act amending the Act, entituled, "An Act regulating the manner in which certain Duties shall be performed by the County and Corporation Courts.*

1

[Passed February 6, 1808]

Bshall not be lawful for the justices of any court in this com

E it enacted by the General Assembly, That in future it

monwealth to lay any levy, settle with the collector or collectors thereof, or receive from him or them, any list of insolvents, or make any order or orders for payment of money belonging to their respective counties, unless a majority of the acting justices of the court wherein such business is intended to be done shall be present at the time of doing the same, or unless such proceedings shall have been had, as are directed by the act, entituled, "an act regulating the manner in which certain duties shall be performed by the county and corporation courts."

2. This act shall commence and be in force, from and after the Commencement. first day of June next.

Tenant for years 1 failing to rebuild

mill, remain

CHAP. CXXVII.

An Act to amend the Act, entituled, “An Act to reduce into one the several Acts, concerning Mills, Mill Dums, and other Obstructions of Water Courses.t

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[Passed February 6, 1808.]

E it enacted by the General Assembly, That whenever any tenant for life or for years, of any mill which has been or

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