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* ~ ENDEX, { 185 ) Page. Page. Capias, Writ of, may be granted by any Person arrested under any Capi- judge in vacation. 46 as, to compel appearance to an- Challenge to fight. swer any presentment, &c. for a Person challenging, or accepting misdemesnor, or to hear judg- a challenge, to fight a duel, inment thereon, may be admitted capacitated from holding any of to bail. 70 fice. 43 4% Capitol. __ Challenge (of Jurors.) * Money appropriated to repair the, See JMisdemeanors. P. 4 Å (ch. 83,) 105 - Chancery Courts. Carolina, C.North) All suits in equity in behalf of the Agreement between the States of Commonwealth may be institutVirginia and North Carolina re- ed in the Superior Court for the lative to the Roanoke navigati- Richmond I)istrict. 2% 0n. - - 130 132 | Process, in such case, to run into Faith and honor of this State every part of the State. pledged, that the act on that'sub- All suits in equity against the ject shall never be repealed or Commonwealth must be brought altered, without the consent of in the same Court. " . *q North Carolina. 140 Duty of the Chancery Courts of Case. Williamsburg and Staunton as to * See Action on the case for words. such suits. Bail may be required by order of Whenever a County Court shall e any justice of the peace in actions unreasonably neglect, or delay on the case commenced in the to decide a suit in equity, SuperiSuperior Court of Law of an or Court having jurisdiction may County. 54 f issue a Writ of Certiorari. 43 Certificates, of State Debt, Proceedings where a judge of a To be taken in by the Auditor, Superior Court in Chancery shall when required, and two or more overrule an application for an new ones issued, not exceeding injunction, - - 45 46 the amount of the original. 39 || Or shall make an order dissolvOf small value, to be taken in, and ing an injunction. * one or more new ones issued. — Judge in vacation mayorderWrits Warrants to be issued for inte- of Subpoena duces teeum, Error, rest, if applied for on or before Certiorari, or Supersedeas. the 1st of January, 1811, – Clerks of Superior Courts of ChanIf not applied for, interest to cease cery, to make out copies of refrom that day, – cords wiihout delay, when apSaving the rights of infants, semes peals are allowed from interlocucovert, &c. — tory Decrees. " - 65 Certiorari, Staunton District, divided into Suit where to be tried, when a four—(ch. 95.). * 109 Writof Certiorarihad been gran- Additional Judge to be elected to ted to remove it from an inferior, hold Courts in the 3d and to a District Court, and the es- 4th Districts. (ch.95) – tablishment of Circuit Courts in- Places of residence of the Judges. – tervened before it’s decision. 13 || Their Salaries. 110. How such Writ may be granted 'Regulations, and jurisdiction of by a Judge of the General Court. 1% the Courts. 110 112 Judges of Superior Courts of Law Who shall be Clerk of the Staunand Equity may issue such Writ, ton District. 110 whenever any County Court shall Clerks of the other Districts, how unreasonably neglect or delay to to be appointed. --decide any suit in which such Oaths to be taken by such Clerks,

Superior Court has jurisdiction.

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Page. and bond and security to be given, Fees to be allowed them, Part thereof to be paid into the public Treasury. Causes to remain subject to the jurisdiction of the Court of the first district ; In what eases to be transferred to other Districts : Duty in such eases of the Clerk of the Court of the first District; His fees for such serviees; How to be charged and taxed in the Bill of Costs. Regulation as to causes heretofore decided. Provision for cases in which either of the Judges may be interested. Process to be directed to the proper officer in any County of the State. Suits where to be instituted, when there are several defendants residing in different Districts ; How to be acted on, and proceeded in, in the District Courts to which they shall be sent. 111 Effect of former orders made in 'such suits. Records where to be kept. Clerks may aet by deputies. Terms, how long to continue. Process, how to bear teste, and to ‘what days returnable. Commissioners in Chancery to be appointed. Their fees, how to be determined, collected and paid. Fees to Counsel and Attornies. Alteration in the Judge's Oath. Proviso, in case any day appointed for holding Courts should happen to be Sunday. JRichmond District, terms of, to be holden twice a year. (ch. 96,) 112 Each term to continue until the business be finished. Process, issuing from any Superior Court of Chancery, when returnable. 112 413 May be issued, in vacation, to bring into Court the representatives of deceased parties. I}ecrees misi, orders of publicati'en, and orders to proceed in the




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** Page. names of the representatives of deceased parties may be entered at rules in the Clerk’s office. Second term for the Richmond District, in the year 1812. Chesapeake Bay. See JN'arigation, (inland.) Chesterfield County, Superior Courts for, when to be held.


57 Circuit Courts. See Superior Courts of Law. Clerks of Courts. Their duties under the act “ concerning Executions, and for other purposes.” Fee for taking any bond mder the authority of that aet. Who were to be Clerks of the Circuit Courts. 13 Bond and security when to be given, and Oath of Office when to be taken. When such Clerks may be tared. . Their offices to be kept at their Court-houses. Clerks of County Courts to act as Clerks of the Superior Courts of their respective Counties till others shall be appointed and qualified ; 1$ 15, 20 Provision as to Williamsburg, James City and York. 15 Clerk of the District Court of Petersburg, to be Clerk of the Superior Court of Prince George, and not of Dinwiddie. Clerks of Courts of Enquiry, their duty in certain cases, Prs' See JMilitia. - 30 31 Clerks of County and Corporation Courts, not required to examine lists of taxable property; No allowance to be made for their services under the act relating to such lists. Lists of Tavern Licences certified by Commissioners of the Revenue, to the Auditor, to be legal evidence in motions against delinquent Clerks. Clerk of Superior Court of Law, in each County, may be appointed by the judge in vacation. 58 Clerk of Court of Appeals may issue process of Revivor during recess of the Court, 6%

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* Clerks of Superior Courts of Chancery, to make out copies of records without delay, when apo, peals are allowed from interlocutory decrees. Clerk of Court of Appeals, to certify all judgments, &c., as soon as can conveniently be done. in Clerks of County and Circuit * Courts, to certify to the Executive relative to escheated lands. Where offices have not been built , for Clerks of Superior Courts, * records, &c. where to be kept. o, Clerks of Courts of Record to deliver annually to the Clerk of the to General Court a docket of all writings admitted to record ; 72 | Form of such docket; • Also a list of all certificates for probats and administrations ; Form of such lists: Receipt may be demanded : - Penalty on Clerks for failure ; , , Mode of recovery. Duty of the Clerk of the General o, Court, ... And of the Attorney General: ; Farther duty of the Clerk of the General Court. | Clerks to make out and deliver dockets and lists which ought heretofore to have been furnishto ed; May demand receipt ; Penalty for failure; , Mode of recovery. o, Successor of a Clerk, who shall have died, to perform duties omitted by him; For which he may demand fees of the Executor or Administrator of o such Clerk. Clerk to reeord certisicates relative to slaves imported; * His fee, | Successor of a Clerk who shall have resigned, or otherwise va

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o cated his office, allowed compen

sation for delivering to the Clerk

*" of the General Court dockets of writings, and lists of certificates

o of o: and administration,


To be paid by his predecessor, his heirs, &e. Puty of Clerks to return to the


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Commissioners for selling forfeited

Lands. The High Sheriff, Clerk of the Superior Court of Law, and State's Attorney in each County, appointed for that purpose. Regulations on the subject. 51 Commissioners of Recentue. Act to amend so much of the several laws concerning Stad horses and Jack asses as respects the time and manner of their being entered with the Commissioners of the Revenue. 43 Commissioners to give bond and security for performance of the duties of their office ; How suits may be prosecuted thereon ; If decided in favor of the defendant, costs to be paid by the Commonwealth, or person at whose instance brought. Form of lists of taxable property to be certified to the Auditor, Clerk and Sheriff: Clerk not required to examinesuch lists. Certificate of Commissioner to persons obtaining Tavera licensese

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Page. Lists of such licences to be certified by the Commissioners to the Auditor. 47 Duty of the Commissioners to give information to Grand Juries of all persons opening or keeping tavern contrary to law. 47 48 Compensation for certificates to Tavern-keepers. 48 Allowance for all services under the law, in listing taxable property, and taking list of free persons of color, not to be more than $100. 48 Aet to compel owners of lands to cause the same to be entered in the books of the Commissionel's. 50 52 Commissioners of Revenue discharged from the duty of selling forfeited lands; 52 Lands forfeited for failing to cause the same to be entered in their books, to remain the property of the Commonwealth. 76 No such forfeiture to accrue, if taxes be paid, with ten per cent interest, on or before the 1st of

November, 1811. Lands already entered on their books not to be re-entered.

— Required to obtain designations of situations of lands, and enter them in their lists ; Similar designations to be furnished by non-resident owners of lands ; Duty of, in case owners fail to furnish such designations, Their books, for the present year, to be received by the Auditor, whether they contain such designations, or not. Allowance to, for such services. Commissioner having taken list of taxable property, and dying before return-day, compensation to be apportioned. Commissioner appointed to complete the list may apply for it; and if it be not delivered to him, shall make out new list, and be entitled to the whole compensation.


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All suits in Chancery against the Commonwealth must be brought in the same Court. Duty of the Chaneery Courts of Staunton and Williamsburg as "to such suits. Constables, Warrants for small debts, to be hereafter directed to and served by Constables only. 19 20 Provision where a Constable dies, resigns, removes or refuses to act. 20 All Executions awarded on Judgments rendered by any Justice of the Peace, to be levied by some Constable of the County. -Conveyances. Clerks of Courts of record to deliver annually to the Clerk of the General Court a docket of all

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County Courts authorised, in their

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Uertain cases in which, upon fai

lure of prosecutions, the Com

monwealth is subjected to costs, }<F See Commissioners of Re


and Tobacco.

County and Corporation Courts.

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discretion, to fix the rate of ferriage on wheel carriages, Provided a majority of the Magistrates be present. Certain cases in which quarterly and monthly Courts have exercised concurrent jurisdiction de clared valid. Probats of deeds heretofore proved, wholly or in part, at quarterly Courts, to be good evidence against the grantor, his heirs and devisees, all purchasers hereafter and purchasers heretofore with motice. Concurrentjurisdiction granted to monthly and quarterly Courts to receive probats of Deeds & Wills, and to grant letters of administration. County Courts authorised to allow a reward for killing Wolves, under certain regulations. Where a County Court unreasonably neglects or delays to decide a suit, Writ of Certiorari may be obtained : Writs of N'e-Eaceut to be granted by County & Corporation Courts under certain regulations, 53 5% Courts. so See Appeals (Court of, General Court, Af.)

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answer a presentment, &c. for a misdemesnor, or to hear judgment thereon, may be aumitted to bail. Provision in the event that a Court for examination fails to meet. 127 Fourth section of the act of January 24th, 1804, repealed. Examining Court may adjourn either to the next Court in course, or an earlier day. IExamination or trial may be continued from term to term; subject to a proviso. Superior Courts of law to have concurrent jurisdiction with County Courts, in cases of petit larceny. Course to be taken where a person, accused, at a quarterly term of a County Court, of petit larceny, is deemed guilty of grand larceny. Process upon presentment, &c. to be directed to the Sheriff, &c. of any county or corporation. Duty of the officer apprehending the offender ; Power to impress men, horses, and boats.

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