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April and on the first Tuesday after the fourth Monday in September; in King George, on the second Tuesday after the fourth Monday in April and on the second Tuesday after the fourth Monday in September; in Stafford, on the third Tuesday after the fourth Monday in April and on the third 'Fuesday after the fourtli Monday in September; in Prince William, on the third Monday

after the fourth Monday in April and on the third Monday after

the fourth Monday in September; in Fairfax, on the fourth Monday after the fourth Monday in April and on the fourth Monday after the fourth Monday in September ; and the said counties shall compose the third circuit. A court shall be holden in Goochland, on the first Monday in April and the first Monday in September; in Henrico, at the capitol, in the city of Richmond, on the second Monday in April and the second Monday in September; in Hanover, on the fourth Monday in April and the fourth Monday in September; in King and Queen, on the first Monday after the fourth Monday in April and the first Monday after the fourth Monday in September; in Essex, on the seeond Monday after the fourth Monday in April and the second Monday after the fourth Monday in September; in Caroline, on the third, Monday, after the fourth Monday in April and the third Monday after the fourth Monday in September; and in Spottsylvania, on the fourth Monday after the fourth Monday in Aril and the fourth Monday after the fourth Monday in Sepember; and the said counties shall compose the fourth circuit. A court shall be holden in Dinwiddic, on the first Monday in April and the first Monday in September; in Brunswick, on the second Monday in April and the second Monday in September; in Lunenburg, on the third Monday in April and the third Monday in September; in Nottoway, on the fourth Monday in April and the fourth Monday in September; in Amelia, on the first Monday after the fourth Monday in April and the first Monday af. ter the fourth Monday in September; in Powhatan, on the second Monday after the fourth Monday in April and the second Monday after the fourth Monday in September; in Chesterfield, on the third Monday after the fourth Monday in April and the third Monday aster the fourth Monday in September; and the said counties shall compose the fifth circuit. A court shall be holden in Mecklenburg, on the first Monday in April, and the first Monday in September; in Charlotte, on the second Monday in April and the second Monday in September; in Halifax, on the third Monday in April and the third Monday in September; in Pittsylvania, on the fourth Monday in April and the fourth Monday in September; in Henry, on the first Monday after the fourth Monday in April and the first Monday after the fourth Monday in September; in Patrick, the Thursday after the comnocncement of Henry court; in Franklin, the Thursday after the commencement of Patrick court in April and September in each year; and the said counties shall compose the sixth circuit. A court shall be holden in Campbell, on the first Monday in April and the first Monday in September; in Bedford, on the second Metray in April and the second Monday in September; in Buckinghani, on the third Monday in April and the third Monday in September; in Prince-Edward, on the fourth Monday in Apr and the fourth Monday in September ; in Cumberland, on the first Munday after the fourth Monday in April and the first Muñday after thu fourth Monday in September; in Fluvanna, on

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the second Monday after the fourth Monday in April and the sc

coud Monday after the fourth Monday in September ; in Louisa, on the first Tuesday aster the third Monday after the fourth Monday in April and on the first Tuesday after the third Monday after the fourth Monday in September; and the said counties shall compose the seventh circuit. A court shall be holden in Bath, on the first Monday in April and the first Monday in September; in Rockbridge, on the second Monday in April, and the second Monday in September ; in Augusta, on the third Monday in April and the third Mcmday in September; in Amherst, on the fourth Monday in April and the fourth Monday in September; in Nelson, on the first Monday after the fourth Monday in April, and the first Monday after the fourth Monday in September; in Albemarle, on the second Monday after the fourth Monday in April and the second Monday after the fourth Monday in September; and the said counties shall compose the eighth circuit. A court shall be holden in Culpeper, on the first Monday in April and the first Monday in September; in Madison, on the second Monday in April and the second Monday in September; in Orange, on the third Monday in April and the third Monday in September; in Rockingham, on the fourth Mondey in April and the fourth Monday in September ; in Pendleton, on the first Monday after the fourth Monday in April and

the first Monday after the fourth Monday in September; in Hardy, on the second Monday after the fourth Monday in April and

the second Monday after, the fourth Monday in September; in Shenandoah, on the third Monday after the fourth Monday in April and the third Monday after the fourth Monday in September; and the said counties shall compose the ninth circuit. A court shall be holden in Loudoun, on the first Monday in April and the first Monday in September; in Fauquier, on the second Monday in April and the second Monday in September; in Jefferson, on the third Monday in April and the third Monday in September; in Berkeley, on the fourth Monday in April and the fourth Monday in September; in Hampshire, on the first Monday after the fourth Monday in April and the first Monday af. ter the fourth Monday in September ; in Frederick, on the second Monday after the fourth Monday in April and the second Monday after the fourth Monday in September; and the said counties shall compose the tenth circuit. A court shall be holden in Breeke, on the second Monday in April and the second Monday in Septembor; in Ohio, on the third Monday in April and the third Monday in September; in Wood, on the fourth Monday in April and the fourth Monday in September ; in Harrison, on the first Monday after the fourth Monday in April and the first Monday after the fourth Monday in September ; in Randolph, on the second Monday after the fourth Monday in April and the second Monday after the fourth Monday in September; in Monongalia, on the third Monday after the fourth, Monday in April and the third Monday after the fourth Monday in September; and the said counties shall compose the eleventh circuit. A court shall be holden in Botetourt, on the first Monday in April and the first Monday in September; in Monroe, on the second Monday in April and the second Monday in September; in Greenbrier, on the third Monday in April and the third Monday in September; in Kanawha, on the fourth Monday in April and the sourth Monday in September; in Mason, on the first Monday af. ter the fourth Monday in April and the first Monday after the fourth Monday in September; in Cabell, on the second Monday after the fourth Monday in April, and the second Monday after the fourth Monday in September ; and the said counties shall compose the twelfth eircuit. A court shall be holden in Grayson, on the first Monday in April and the first Monday in September; in Washington, on the second Monday in April and the second Joonday in September; in Lce, on the third Monday in April and the third Monday in September; in Russell, on the fourth Monday in April and the fourth Monday in September ; in Tazewell, on the first Monday after the fourth Monday in April and the first Monday after the fourth Monday in September; in Giles, on the second Monday after the sourth Monday in April and the second Monday after the fourth Monday in September; in Montgomery, on the third Monday after the fourth Monday in April and the third Monday after the fourth Monday in September; in Wythe, on the fourth Monday after the fourth Monday in April and the fourth Monday after the fourth Monday in September; and the said aounties shall compose the thirteenth circuit. £ourt days hap. If any of the aforesaid days on which courts are directed to be

pening Sunday ! on in - st airs, oi E. holden in the two first circuits, shall happen to be Sunday, then

next day. the court slali he holden on the next day.

Suit may be 2. Jind be it further enacted, "That a suit may he brought in abrought in any ny circuit court within this commonwealth, although the defencircuit. dant or defendants should not reside within the jurisdiction of Proviso. such court: Provided, the cause of action arose within such ju

risdiction: And the defendant or defendants in such ease, may be held to bail, as if he, she or they were residents. Piso onfin. 3. .ond be it further enacted, That every person now confined ed in district - - - any distric h f sel or oth jails, how to be ". the jail of any district court, upon a charge of selony or other Jealt with, offence, cognizable in the superior court of a county, shall be re* moved to the jail of the county where the felony or other offence was committed; and it shall be the duty of the principal or deputy sheriff of such county, taking with him a certificate of the clerk that he is the principal or a deputy sheriff thereof, to remove such prisoner; for which service the same sees shall be allowed as for removing a criminal from the county to the district jail. And all recognizances for the appearance of any person before a district court on a charge or prosecution now cognizable by the superior court of any county, together with all papers relating to prosecutions of every kind, depending in the district courts, shall be transmitted to the elerk of the superior court of such oounty; and it shall be the duty of all persons recognized or prosecuted to appear before the superior court of such eounty, having jurisdiction thereof, on the first day of next term, upon pain of forfeiture of their recognizance. causes in district 4. .ind be it further enacted, That all causes depending in the courts, how to be former district courts of law, on the thirty-first day of December, disposed of. one thousand eight hundred and eight, shall be arranged by the respective clerks thereof; and all the papers and documents benatics of clerks, longing to each cause, and copies of all orders, and a statement of - the costs, shall be by the said clerks tra:smitted to the clerks of the superior courts of those counties respectively in which it shall appear, from the original process, the defendant resided at the time the same was executed: where thcre shall be more than one defendant, the papcrs shall be transmitted to the clerk of the superior court of that county in which it shall appear, from the original process in the cause, the first named defendant resided, at

Tenalty on clerk - - #. * the time of the execution thereof, if any cick shall foot, ar.

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range and transmit the papers as aforesaid, or to deliver them to the clerk of any circuit court, within four months after the passage of this act, he shall for every such offence forfeit and pay the sum of two hundred dollars, to be recovered in any court of record within this commonwealth : Provided, That in all cases of Proviso. caveat, and in all actions, real or mixed, or in which the title or bounds of lands is or may be drawn in question, the papers shall be transmitted to the clerk of the circuit court of the county in which the lands shall lie, or if the lands shall lie in two or imore counties, to either of them. 5. And be it further enacted. That in all cases where any writ proceedings of certiorari or habeas corpus has heretofore been granted to re- where habeas. move any action or suit from any inferior court to a district court, op. ..", certic: such cause shall be retained for final trial in the circuit court of *: ecn the county where such district court was holden. 6. Be it further enacted, That the clerks of the county courts, clerks of county shall be the clerks of the circuit courts holden in their counties courts to be , respectively, except in the counties where district courts are held: ...** in those the district court clerks shall act as clerks of the cir. “ cuit courts; or, where the clerk of the county court shall refuse to perform the duties of clerk of the circuit court or any judge shall be of opinion that the clerk of the county is not capable of discharging the duties of his office, in sueh case the judge may appoint a fit clerk: And provided also, That every clerk appoint-Proviso. . ed by virtue of this act, before his appointment shall be effectual, shall enter into bond with approved security, and take the oath of office at the next circuit court, in the same manner as provided by the acts to which this is amendatory; and in case of failure, it shall be lawful for such circuit court to appoint some other person to fill sueh office. The clerks of the several courts established by Clerks when they this act, and by the acts to which the same is an amendment, shall ”y **** respectively, if the profits of their said offices shall exceed three hundred dollars per annum, pay annually into the public treasury sueh proportion of the excess, not exceeding one half thereof, as shall from time to time be directed by law: Provided nevertheless, That nothing herein contained shall be so construed as to tax the clerks of the late district courts, who shall become clerks of the superior courts by virtue of this act. 7. And be it further enacted, That the clerks of the courts a- offices to be kept foresaid shall keep their offices at the courthouses of the counties at courthouses, in which they are or may be clerks. 8. Be it enacted, 'That in all cases where forthcoming bonds Proceedings have been taken on any judgment rendered in any district court, where for homthe circuit court of the county in which the district court was hol; .o!" den, shall have full power to award execution, and shall have and exercise all such power relative to the same, as the district courts had. ** 9. And Ichereas two or more of the judges now in commissi- Proceedings on, in several instances, reside in the same circuit, in consequence ...” whereof one or more of such judges will be necessarily sent on a ... o foreign circuit or circuits; 10. Beit enacted, That in every such case where the circuit shall hecome vacant by the death, resignation or removal from office of the judge allotted thereto, the judge who shall be next oldest in commission, resident within the same circuit, shall succeed thereto, and the judge who shall be appointed to fill the vacancy occasioned by such death, resignation or removal, shall be allotted to,

and reside in the circuit, which will be left vacant by such suecession. Proceedings on 11. In all cases where bonds have been executed to replevy prool.i. perty, which has been exposed for sale under exeeutions which - cmanated from the district courts, the clerks of the circuit courts in the counties in which the disiriot courts were holden, shall have full power to issue executions thereon, when they shall become due, in the same manner and under the same regulations that the clerks of the district courts had. The same power shall also be exercised by the said clerks over twelve months bonds. The circuit courts of the counties in which the district courts were held, shall have and exercise all power relative to the said bonds and - -- executions that the district courts had. Rogo. 42. Be it further enacted. That when any judge of a circuit court when judgc is - - - - - - - - interested. shall be interested in any cause depending in his circuit, or related to either of the parties, or in any manner situated so as to render it improper in his judgment to preside at the trial, it shall be lawful for such judge to cause the same to be removed to the next circuit, and to the most convenient court in that circuit for trial. Yoi, of certiora:, 13. And be it further enacted, That it shall be lawful for any o* * * * judge, if it shaisappear to him that justice cannot be done in any - cause depending in any county or corporation court within his circuit, and that it has come to the knowledge of the party after issue joined or a writ of enquiry awarded, to award a writ of certiorari at the instance of either party in the manner other writs of certiorari are awarded.

!...; an- 14. Be it enacted, That the town of Petersburg shall be attachČ.” “ ed to, and within the jurisdiction of the circuit courtholden in the

county of Prince-George. Prisoners, how to 15. Be it further enacted, That whensoever it shall so happen be tried when, ... that a term of any court hereby established shall from any cause :**** fail to be holden, and previously to such term any person shall ---- have been imprisoned in the jail of such court, charged with any crime or offence punished with the loss of life, or by imprisonment in the jail and penitentiary house, it shall be the duty of the judge of such court to appoint a special session of such court, for the trial of such offence. And in such case the judge shall issue his warrant under his hand and seal, aldressed to the clerk, who shall give notice to the commonwealth's attorney and other officers of his court, and shall issue all necessary subpoenas returnable to the special session so to be holden. ...evealed. 16. De it further enacted, 'ihat a superior court of law shall * ch: 39, be holden for the county of Accomac, at the courthouse thereof, ... ... on the first Monday in May and on the first Monday in October acts of 1809, . - - - - - ...” in every year. And a superior court of law shall in like manner be holden for the county of Northampton, at the courthouse thereof, on the third Monday in May and on the third Monday in 00tober in every year, and each term of the said courts shall conti. nue twelve juridical days, unless the business thereof shall sooner be finished. coorcounty ..” Jind be it further enacted, Tbat, from and after the last day ... . . of February next, the clerks of the several county courts, except others are quali. the clerks of those counties in which districleourts were holden, it'. shall have full power and authority, and they are hereby required to act as clerks of tue superior courts of their respeetive coun:

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