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1. State divided into twelve circuits,
in each of which a superior court of law
to be held at the court-house of each
county twice a year, by one judge of the
general court, allotted thereto, s. 1, p.
2. Arrangement of the counties into
circuits; and times for holding courts
therein, p. 148, 150.
3. County of Charlotte to belong to
the third circuit, and when court to be
held, p. 155.
4. Courts to sittill business dispatch-
ed, unless another shall interfere, p.
5. Jurisdiction of said courts the same
in criminal and civil cases as the district
courts of law, s. 2, p. 15 1. .
6. Practice and proceedings to be the
same as now exist for the regulation of
the district courts of law, s. 3, p. 151.
7. The same right of appeal which is
now allowed from the county and corpo-
ration courts to the district courts of
law, shall still be had to the superior
£ourts of law, s. 4, p. 151.
8. The right of appeal to be exerci-
sed as heretofore in the district courts,
s. 5, p. 151. -
9. Process issuing under the law as
heretofore, and which would have been
returned to the district courts, shall be
returned to the superior court of the
<ounty in which the process may issue,
:s. 4, p. 151.
10. Sheriffs of counties to act as she-
riffs of the superior courts holden in their
counties, and shall summon grand ju-
ries as for the district courts, s. 6, p. 151.
11. Also shall do and perform all du-
ties appertaining to sheriffs attending
district courts, under the law as at pre-
sent, ióid. -
12. Prosecutor for the commonwealth
to be appointed by the judge ; his com-
pensation, s. 6, p. 151.
13. All officers’ fees the same in the
superior courts of law, as are allowed
for similar services in the district courts,
s. 7, p. 151. -
14. Causes depending in the district
courts, how to be arranged by the clerks
thereof, and the papers transmitted to
the clerks of superior courts of law ;
clerks to be compensated therefor by the
judge, s. 8, p. 151, 152.
15. Quarterly courts of certain coun-
ties changed, s. 9, p. 152;
16. General court to consist of twelve
judges, s. 10, p. 152.
17. As soon as two additional judges
appointed, the executive to allot one
judge to each circuit, who shall perpe-
tually hold a court in that circuit, s. 11,
p. 152. -
18. A judge appointed to supply a
vacancy, to reside in the circuit to which
appointed, s. 11, p. 152.
19. Each judge to appoint a clerk for
each court, except that in which a dis-
trict court may have been holden; the
clerk whereof shall be clerk of the supe-
rior court of that county, s. 12, p. 152.
20. Appointment of clerk to be cer-
tified by the judges to the several coun-
ty courts, who shall take such bond and
administer such oaths as heretofore re-
quired of clerks of district courts, 8, 12,
21. Clerks may appoint deputies;
how qualified; their power and duty,
s. 13, p. 152.
21. Each judge maychange the venue
within his circuit, for good cause shewn
at bar; and the judges of the general
court may change the venue from cir-
cuit to circuit, s. 14, p. 152.
22. Judgments of district courts, un-
executed to be executed by superior
courts of law—-Judgments of court of
appeals, how to be certified; powers and
duty of superior courts of law and clerks
in relation to such judgments the same
as those of district courts, and their
clerks, 5. 15, p. 153.
23. Causes in which the venue has
been changed by the general court, and
untried, to be tried in superior court of
that county to which the same shall have
been removed, s. 16, 153.
24. Superior courts of law of those
counties in which district courts holden,
have jurisdiction to try causes remain-
ing on the docket of the district court,
and not transmitted, &c. s. 16, p. 153.
25. Papers to be certified by clerks
of district courts, to clerks of superior
courts of law, by the 1st of March 1809;
who are to prepare dockets, s. 17, p. 153.
25. Clerks of district courts to issue
writs or process as usual, till 1st of
March 1809; but such as would have
been returnable to district courts, to be
returned by sheriffs and coroners to their
several superior courts, s. 18, p. 153.
27. Town and borough court of Pe-
tersburg, to be under the jurisdiction of
the superior court of Dinwiddie—City,
and borough court of Williamsburg un-
der that of James City, and clerk of dis-
trict court of Williamsburg to be clerk
of last mentioned superior court, s. 19,
P. 153. -
28. All acts in force in respect to the
district courts, their clerks and officers,
declared to be in force as to the superior
courts of law; and their powers, duties,
and rules of proceeding to be the same,
s. 20, p. 153.
Judges to make allowances to clerks,
sheriffs and jailors for public services,
s. 1, p. 154. -
29. In future venire men net entitled
to any compensation, s. 2, p. 154.
30. Witnesses in all cases entitled to
the same allowances, as for attending
the county courts, ibid.
31. Not more than two guards to be
summoned by a sheriff to assist in the
conveyance of a convict to the peniten-
tiary, s. 3, p. 154:
32. Each judge of general court, be-
fore he acts as judge of circuit court, to
take an oath; before whom, and how
certified and recorded, s. 4, p. 154.
33. Circuit court, for county of Hen-
rico, to be held at the capitol in 18ich-
mond; and that of James City, at capi-
tol in Williamsburg, s. 5, p. 154.
34. Judge not attending on the first
day of a court, to stand adjourned from
day to day, till four o'clock in the after-
*oon of the third day, s. 6, p. 154.
35. Court not sitting in a term, or net
continuing to sit the whole term, or not
having heard all matters ready for de-
cision, all suits, &c. to stand continued
to succeeding term, s. 6, p. 154.
36. No discontinuance, if, from any
cause, the court shall not sit on any day
in the term, after opened; but as soon
as the cause removed, the court to pro-
ceed, s. 6, p. 154.
37. Appeals, writs of error, superse-
deas and certiorari shall lie and be had
from the judgments of the circuit courts,
in the same manner, and to the same ju-
risdictions as from the judgments of the
district courts, s. 7, p. 154.
38. Deeds, wills and other instruments
partly proved, in any district court, may
be fully proved and recorded, in the su-
perior court of the same county in which
such deeds, wills, and other instruments
shall have been in part proved, s. 8, p.
39. Superior court of law holden at
Richmond to possess all the special pow-
ers now exercised by the district court
holden in that city, s. 9, p. 155.
40. How to proceed when a judge is:
interested in a cause, s. 10, p. 155.
sheriff and certify to the auditor; and
how such fines to be levied and accoun-
ted for, s. 2, p. 2.
4. Clerks to issue writs of fieri facias,
or capias ad satisfaciendum for fines im-
posed to the use of the commonwealth,
s. 4, p. 2, and s. 1, p. 104.
5. To take a receipt from the sheriff,
and transmit it, with a copy of the exe-
cution and judgment to the auditor
within 60 days from the date of the re-
eeipt, s. 1, p. 104.
6. Allowance to the clerk for his ser-
vices, and penalty for neglect, s. 1, p.
12. Their duty in certifying lists of
fines, &c. to the auditor, imposed for
the use of the commonwealth'since 1796;
and penalty for neglect, s. 4, p. 105.
13. — in furnishing such lists to
the attorney for the commonwealth ;
and penalty for failure, s. 6, p. 105.
14. To collect taxes on ordinary li-
censes, and account for them under the
same penalties as other taxes, s. 3, p.
15. To grant licenses and collect tax
en merchants’ licenses, when no com-
missioner, or sheriff or collector, s. 1, p.
16. To set up lists of pedlars’ licen-
ses, under a penalty, s. 3, p. 111.
17. When to return to auditor lists
of tavern and pedlars’ licenses; and un-
der what penalty for neglect, s. 3, p. 112.
18. When to return to auditor lists of
§erchants' licenses in certain towns, if
granted by the clerk, s. 3, p. 112. .
19. Fee for recording pedlars’ licen-
ses, s. 3, p. 111.
20. To certify proceeds of sales of
the property of persons taking the oath
of insolvency at the suit of the common-
wealth, s. 3, p. 27. -
21. Of superior courts of chancery,
their fees for services rendered the com-
monwealth and how paid, p. 29.
32. ——, to certify dissolu-
tion of injunctions, and time of award-
ing and dissolving them, p. 30.
23. Of county and corporation courts
to attend commissioners for choice of
electors of President and Vice-Presi.
dent, with list of lands taxed, p. 32.
14. To certify copies of recognizam-
ces of witnesses and bail to clerk of dis-
triet court, in pleas of the common-
wealth, s. 2, p. 37, 38.
15. Penalty for neglect, or for failing
to transmit to attorney for common-
wealth copies of warrant of commitment
and depositions, p. 38.
16. When to deliver lists of aliena-
tions to commissioners of the revenue,
s. 3, p. 69.
17. To have the same fees as hereto-
fore, for entering rules for declaration,
plea, replication, rejoinder or other plea-
ding; or common order or confirmati-
on thereof; or filing any of those plea-
dings at law; or a bill, answer, replica-
tion, or other proceeding in chancery:
but no fee for a continuance on the rule
docket: but he shall continue the rule
monthly if necessary, and be entitled
to 25 cents quarterly, s. 1, p. 85.
18. Of county and corporation courts,
to keep separate rule and court dockets
for chancery causes, s. 2, p. 85.
19. Clerks of courts not to place a fee
bill in the hands of a sheriff, or demand
or receive any fee for copies, unless they
be actually made out at the request of
the party, his attorney or agent; nor for
making up a complete record unless it be
actually made up. This act not to prevent
witnesses from obtaining copies of or-
ders of attendance, or clerks from tax-
ing in the bill of costs for making up re-
cords; nor shall this act extend to copies
of records necessary in cases of appeal,
writ of error or supersedeas, s. 3, p. 85,
86. - -
20. Extortion in a clerk to take more
than the legal fees, or fees for services
not actually rendered; and how punish-
able, s. 4, p. 86.
21. Not required to make up com-
plete records in any case, except in land.
causes, and in cases of appeal, writ of
error and supersedeas, s. 5, p. 86.
22. Their duty, in certifying to the
executive a copy of the previous order
for summoning magistrates, if made,
on recommending persons to be com-
missioned as justices, p. 95.
22. A clerk of county or corporation
not to be appointed, unless a majority
of the members of the court be present,
or a previous order be entered for sum-
moning them, p. 95.
23. Court may appoint a clerk pro-
tempore for the special purpose of ma-
king such order, p. 95.
24. Of county and corporation courts
to enter attendance of witnesses in the
same manner as clerks of district courts,
s. 1, p. 113, 114.
25. Their duty in goeketing appeals
from decisions of a single justice, and
fees for their services in cases of, s. 7,
26. Fees of clerks of chancery dis-
trict courts, for issuing executions, and
taxing damages and costs on appeals, the
same as those of common law district
courts for similar services, s. 8, p. 130.
27. Fees of clerks under the law au-
thorising the county courts to establish
ferries and increase their rates, s. 11, p.
28. Of superior courts of law, to per-
form all the duties appertaining to clerks
of district courts, s. 6, p. 151.
29. Of district courts, how to arrange
the causes now depending and transmit
the papers—Their compensation to be
fixed by the judge, s. 8, p. 151,152.
30. Clerks of courts in each circuit,
how appointed and qualified—See CIR-
cuit Counts, No. 19, 20.
31. May appoint deputies; how qua-
lified; they power and duty, s. 13, P.
32. Power and duty of clerks, in re-
lation to judgments of the court of ap-
peals, in matters of law, certified to the
superior courts of law, s. 15, p. 153.
33. When clerks of district courts to
certify to clerks of superior courts of
law, papers in causes depending in dis-
trict courts, s. 17, p. 153.
34. Clerks of district courts, how to
issue process’till the 1st of March 1sog;
and how such process to be returned—
See C1Rcuit Courts, No. 26.
35. Powers, duties, and rules of pro-
ceeding of clerks and other officers, to
be the same, in superior courts of law,
as heretofore in district courts, s. 20, p.
36. Allowances, for public services,
may be made to, by judge of superior
court of each county, s. 1, p. 154.
37. To deliver their tickets, to she-
riffs and sergeants, on 1st of May; who
are to account for and pay them on 1st
of November, s. 6, p. 162.
not to exercise the right of suffrage
therein, p. 146.
1. And store-keeper to the manufac-
tory of arms, his salary, s. 2, p. 25,
and s. 1, p. 71. * -
See MILIT1A, No. 62.
COMMISSIONERS, in Chancery,
1. May be appointed by the county
and corporation courts, p. 1.
2. Their duty and allowance for their
services; when to be taxed in bill of
costs, p. 1, and s. 7, p. 129.
How punishable for illegal charges,
s. 7, p. 130.
3. May issue their tickets for sums
allowed by their courts, to be collected
and accounted for as clerks’ tickets, s.
1, p. 93, 94.
4. All commissioners in chancery
may administer an oath or affirmation,
in cases to them referred, s. 2, p. 94.
5. Whatever would constitute perju-
ry in a witness giving evidence before a
court, deemed perjury, if before a com-
missioner, s. 2, p. 94.
6. What persons disqualified from gi-
ving an opinion on the reference of a
cause, or on the trial of a suit in which
he has, or shall have acted as commis-
sioner, s. 3, p. 94.
7. All commissioners in Chancery,
may issue subparnas for witnesses to ap-
pear before them, s. 4, p. 94.
8. To report their default to court,
if they fail to attend, s.4, p. 94.
9. May be directed, by judge of su-
perior court of chancery, in vacation, to
take an account, s. 1, p. 128.
1O. May state to chancellor, in vaca-
tion, the points which they doubt on,
and obtain his opinion thereon, ibid.
11. What fees allowed for copies of
reports, and papers, and how collected,
s. 7, p. 129. -
12. For demanding more than legal
fees, or for services not performed, lia-
ble to the same penalty as clerks of
courts, s. 7, p. 130—See CLERKs of
Courts, No. 20.
Tonder s decree of a court of Chancery,
1. Not to sell property until it is va-
lued, s. 2, p. 156.
2. Nor for less than three-fourths of
its value as estimated by the valuers, ib.
3. Valuation, how to be made and
4. Property to be valued in reference
to 1st of Dec. 1807, s.4, p. 156.
To value property taken in execution or
to be sold under a decree of a court of
Chancery, or deed of trust.
1. When to be appointed, s. 7, p. 157.
2. To value property taken in execu-
tion, s. 1, p. 156. *"
3. Or to be sold under a decree of a
court of chancery, or a deed of trust,
s. 2, p. 156. -
4. How to make and return their va-
luation in the last-mentioned case, ibid.
5. Property not to be sold for less
. three-fourths of its estimated value,
6. Their allowance, ibid. -
7. Property to be valued in reference
to 1st of Dec. 1807, s. 4, p. 156.
1. To grant licenses to Merchants;
and penalty on merchants for selling
without, s. 1, p. 110, 111.
2. To recover penalties in their names,
and when to return a list of licenses and
fines to the auditor, s. 1, p. 111.
3. To report to their courts delin-
quent merchants, hawkers and pedlars;
and to proceed against clerks for failing
to set up lists of pedlars’ licenscs, s. 2,
p. 111, and s. 3, p. 111.
4. List of all licenses granted to mer-
chants to be returned to court, by com-
missioner, s. 3, p. 112.
5. When those of certain towns, to be
returned to the auditor, s. 3, p. 112.
6. An appeal may be taken from com-