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County or corpo: 1. Be it therefore enacted, That it shall be lawful for the court *.*.*... of any county or corporation, or any two justices thereof, to adany two justices - - - j'a.it', oil mit to bail any person who may have been, or shall hereafter be in certain cases, arrested under the following process, that is to say; under any capias issuing from the general court, or any superior court of law, to compel the appearance of such person to answer any presentment, indictment or information for a misdemeanor, or to hear judgment on such presentment, indictment or information, or under any attachment issuing from the general court, the court of appeals, any superior court of law, or any superior court of chanRecognizance to cery, to bring the body of such person before such court. It shall be taken; be he duty of the court or justices, so admitting such person to bail, to take from him and his bail a recognizance in a sufficient sum, regarding the nature of the case and the estate of the offender, conditioned for the personal appearance of such person before the court from which the process, under which he was arrested, shall have issued, and at such time as may be required by said proand delivered to cess. The said court or justices shall forth with deliver such rethe arresting of cognizance, duly certified, to the sheriff or other officer by whom ficer. the arrest was made, to be returned to the court from which the penalty on him said process issued. If such sheriff, or other officer shall fail to for o: "... return the said recognizance, to the court from which the said .*** process issued, on or before the return day of such process, he shall be subject to the same penalties as if he had failed to return the process itself. - - - - - - - - - - Proviso. 2. Provided, That nothing herein contained shall be eonstru. ed to extend to any attachment issued to compel the performance of any decree in chancery, or the payment of any money due to witnesses, or others, by any order, judgment or deeree. Proceeding to 3. Be it further enacted, That if any such recognizance shall ‘...." be forfeited, it shall be lawful for the court, into which the same it booed. is properly returnable, to proceed thereon in the same manner as if it had been entered into in such court. Commencement. 4. This act shall commence from and after the passage thereof.

CHAP. LXV.

...An Act to amend the sereral Laws concerning the Superior Courts of Law in this Commonwealth.

[Passed February 14, 1811.]

Preamble, HEREAS in construing the several laws concerning the superior courts of law in this commonwealth, doubts have - arisen whether the said courts, or any of them, have jurisdiction to hear and determine motions on behalf of securities against their principals, and of a security or securities against others jointly bound with them as security in the same obligation, to recover money paid under the judgment of a former district court; for the removal whereof, Superior courts 1. Beit enacted by the General Assembly, That each superior i...a court for the county in which a district court may have been hol. have jurisdiction - - • - - - , it ... ."motion on den, shall have, exercise, possess and enjoy the same jurisdiction behalf of securi- to hear and decide all questions arising on motions made, either tics. by a security against his principal to recover money paid under * judgment of the said district court, or of a security or securities against others jointly bound with him or them in the same obligo. tion, where the principal obligor proves insolvent, to recover their and each of their respective shares and proportions of the debt paid under the judgment of the said district court, as the said district court had previous to the passage of the act, entitled an act to organize and establish a superior court of law in each county of this commonwealth. Be it cnacted, That in future in all actions, suits or contests ..o.o. whatsoever in any of the superior courts of law within this com- or: of monwealth, where the contest shall be concerning mills, roads, wills, and obtai. the probate of wills or certificates for obtaining administration, ing administrati. any person or persons, body politic or corporate feeling aggrieved 2. o .by the judgment or sentence of any of the said courts, and being ..."...". - - 1st spread the desirous to appeal from the said judgment or sentence, or to ob. evidence on the tain a writ of error or supersedeas thereto, shall spread the testi- record. mony on the record; and that in future it shall not be lawful for or. the court of appeals in any civil action to hear or receive parol testimony. p testimony. 3. Whereas inconveniences have arisen in eases carried up by Recital of incon. appeal, writ of error or supersedeas from the former Alexandria veniences (in ca.

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Hustings Court to the court for the district composed of the counties of Fairfax, Fauquier, Loudoun and Prince William, and from thence to the court of Appeals, in consequence of the said court of appeals being bound, by the existing laws, where the judgment sought to be corrected be not affirmed or reversed in the whole, to certify their judgment to the superior court of law for that county where the judgment was rendered ; the certified judgment being now sent to the superior court of law for the county of Fairfax, which court possesses neither the original or appellate proceedings; the aforesaid district court having been held at Dumfries, in the county of Prince William ; for the removal whereof, Be it enacted, that whenever the court of appeals shall find it necessary to certify to the superior court of law, on any judgment which had been brought up by appeal, writ of error or supersedeas from the former Hustings Court of Alexandria, it shall be the duty of the court of appeals to certify their judgment to the superior court of law for the county of Prince William. 4. Be it further enacted, That so much of the act, entitled an act, to amend the act, for reducing into one the several acts concerning executions, and for relief of insolvent debtors, as requires that there shall be thirty days between the teste and return of executions on judgments of the former district courts of law, shall be, and the same is hereby repealed; and that in future there shall be fifteen days between the teste and return of executions emanating from the offices of the superior courts of law, whether the said executions be made returnable on the first day of the next succeeding court, or on the first day of the month. 5. Be it further enacted, That it shall be lawful for the judges of the general court, from time to time, to exchange with each other the circuits to which they are respectively assigned, by an arrangement made between any two of them, approved by the general court, and there entered of record: Provided, that such exchange shall not be for a longer period than one year at any one time. Whenever any such arrangement shall have been made, approved and recorded as aforesaid, it shall be the duty of each judge making such arrangement to hold courts in the several counties of the circuit, to which the other may have been assigned, during the period of time for which the exchange shall have been agreed on ; in the same mainer as the judge assigned by law to

ses brought up from the Dumfries district court) arising from the judgment of the court of appeals, being certified to the superior court of Fairfax county.

Certificate to be made, hereafter, to the superior court for Prince William county.

(GPSee Rev. Code
1 vol. p. 390, § 1.
Repeal of part
of the 1st section
of the act con-
cerning executi-
ons, passed Janu-
ary 24th, 1799.
Executions from
the o
courts of law, re-
turnable in 15
days.
Judges of the ge-
neral court may
exchange their
circuits, with the
approbation of
the general court.
But not for along-
er period than one
year at a time.

Proviso, as to the that circuit is now bound to do: Provided, that nothing herein

so * * contained shall be construed to authorise any judge during the pe

J - riod of such exchange, to reside out of the circuit to which he may have been assigned by law.

Commencement. 6. This act shall commence and be in force from and after the passing thereof.

CIIAP. LXVI.

An olet concerning the Records and Papers of certain Superior
Courts of Law.

[Passed January 15, 1811.]

o: cords, &c. of E it enacted by the General.ossembly, That until the county ...on, “...D. courts of Mason, Cabell, Richmond, Goochland and Green.

Cabell, Rich. ville shall cause offices for the clerks of the said counties to be mond, Goochland erected at their respective court-houses according to law, the said *...*"... clerks, who are also clerks of the superior courts of law of the counties, where - - to be kept. said counties, shall be, and are hereby authorised to keep the recerds and papers of the last mentioned courts, and in vacation to transact the business thereof, at such places as they now are, or hereafter may be permitted to keep the records and papers of their county courts. where offices 2. .ond be it further enacted, That in all cases where offices *::: f o ; have not been provided for the clerks of superior courts of law, ...“... such clerks may keep the records and papers of the said courts at ori, i.e. " such places as the judges thereof shall think fit, and so enter of where to be kept. record.

Commencement. 3. This act shall be in force from the passing thereof.

CHAP. LXVII.

.dn Act, to amend the Act, entitled an Act for regulating Conroyances, and also to amend the del, entitled an olct, reducing into ont the several acts concerning Wills, the distribution of Intestates' Estates, and the duty of Eacecutors and Administrators.

(Passed February 12, 1811.)

Preamble. V HEREAS it has been represented to this General Assembly, that the 8th section of the “Act for regulating cono: veyances,” and the 37th section of the “Act, o: . onto Ibid p. 165. the several acts concerning wills, the distribution of intestates' estates, and the duty of executors and administrators” is imper. feet, and that many of the clerks of the respective courts of record within this commonwealth have failed to transmit to the clerk of the general court dockets of writings admitted to be recorded in said courts, and lists of certificates for probats and administrations, as by the aforesaid sections they are required—For remedy

whereof, elerks of courts 1. Iłe it enacted by the General Assembly, That it shall be the of record to deli- duty of the clerks of the respective courts of record within this i. . * eonmonwet:lth, ou or before the first day of June annually, to de

*.*.*.*.* liver, or cause to be delivered to the clerk of ti al".

...'....", liver, or cause to be delivered to the clerk o the general eourt, a docket of all wri docket of all writings admitted to be recorded in such courts withtings admitted to in the preceding year, (commencing from the first of January) record. containing the dates thereof, and of the acknowledgments and probats, the names, surnames and additions of the parties thereto in alphabetical order, and the quantities and situations of land, numhers and names of slaves and descriptions of personal estate conveyed thereby, in the followin; form :

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Anil it shall likewise be the duty of the said clerks respectively Also a list of all to deliver, or cause to be delivered, on or before the said first day certificates for of June. annually, to the clerk of the general court, a list of all probats aud ad

certificates for probats and administrations granted in their courts respectively within the preceding year, comulencing from the said first day of January, in this form : o

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Names of secu

| Date of Penalty of N me of testa Names of Names of al.
- rities.

ertificateihond. tor or intestate Executors ministrators
For which said docket and list, the said clerks respectively may
demand of the clerk of the general court his receipt.
2. And if any clerk shall sail herein, for every such failure he
shall forfeit and pay to the commonwealth forty doilars, to be re-
covered on motion, without notice, in the general court, and the
onus probandi shall lie on the defendant.
3. And the clerk of the general court shall, after the first day
of June, and before the sitting of the next general court thereaf.
ter, in each year, deliver to the attorney general a list of the
clerks (if any) who shall have failed to deliver, or cause to be de-
livered to him the dockets of writings and lists of certificates for
probats and administrations, agreeably to the directions of this
act; and it shall be the duty of the attorney general to proceed to
a recovery of the penalty aforesaid.
. . 4. And be it further enacled, That it shall be the duty of the
clerk of the general court, immediately after the passage of this
act, to make out and deliver, or cattse to be delivered to the clerks
of the respective courts of record within this commonwealth, a
statement shewing the years for which said clerks have failed to
deliver to him the dockets of writings and lists of certificates for
probats and administrations, as directed by the 8th section of the
act, entitled “An act for regulating conveyances,” and the 37th
section of the aet, entitled “An act, reducing into one the several

acts concerning wills, the distribution of intestates' estates, and

the duty of executors and administrators;” for which statement he
inay demand receipts of the said clerks respectively.
5. And it shalf be the duty of tile said clerks respectively, with-

ministrations.

Form of such list

Receipt may be demanded.

Penalty on clerks for failure.

Mode of recovery.

Duty of the clerk of the general court,

and of the attor. ney general.

Farther duty of

the clerk of the general court.

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in five months after receiving the said statement from the clerk of of recordtomo:

the general court, to make out and deliver, or cause to be deliver. ed to the clerk of the general court, a docket of the writings, and lists of certificates for probats and adidiaistrations, which shall

ottt and deliver dockets and lists which ought here tofore to have

appear by the said statement of the clerk of the general court not been furnished,

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to have been delivered to him, as directed by the aforesaid sections of the acts aforesaid; for which they may respectively demand May demand re-the receipt of the clerk of the general court. And if any clerk “; alty for fai shall fail herein, he shall forfeit and pay to the commonwealth in."””” fifty dollars, to be recovered in the general court, on motion, Mode of reco- without notice, by the attorney general, and the onus probandi very. shall lie on the defendant. successor of a 6. And where any clerk shall have departed this life, having clerk to perform failed to deliver, or cause to be delivered to the clerk of the gene. ...” omitted by ral court, the dockets of writings and lists of certificates, as relm ; quired of him by the 8th and 37th sections of the before recited acts, it shall be the duty of the successor of such deceased clerk to perform all the duties which his predecessor would have been bound to do, by the aforesaid sections, in relation to the said dockfor which he may ets of writings and lists of certificates, &c. for which services he demand fees of may demand and receive of the executor or administrator of the his or or said deceased clerk, the same fees as are allowed by law to the * clerk of the general court for recording the same. Repling clause. , 7. All aets, and parts of acts coming within the purview of this act, shall be, and the same are hereby repealed. 8. This act shall commence and be in force from and after the passing thereof.

Commencement.

CHAP. LXVIII.

(ToSee 2d R.C.pa. An Act, to amend the Act, entitled an Act to amend the sererul $5, and gets of Laws concerning Slaves.* 1805, ch. 63. [Passed January 17, 1811.] Preamble. Woo. many inconveniences have arisen from the operation of an act passed on the 25th of January, one thousand eight hundred and six, entitled, “An act to amend the several laws concerning slaves:” For remedy whereof, Persons, citizens 1. Be it enacted by the General Assembly, That all persons, ei. residents of tizens of this commonwealth, and residing therein, who now are, ois. or hereafter may be entitled, by marriage, descent or devise to cd to bring in any slave or slaves in any other of the United States of America, slaves held by or in any of the territories thereof, shall be at liberty to remove *** *** such slave or slaves into this state, and to keep the same therein; itance or devise, - - - - i-r-#. ...,"...; any thing in the above recited act to the contrary notwithstanding: of the U. States, Provided, that such person or persons, within sixty days after the or from any of removal of any such slave or slaves into this commonwealth, shall i....” produce and offer for record to the court of the county or corpora. to certain re. tion, in which he, she or they may reside, a certificate from the gulations. court of the county or corporation, from which such slave or slaves shall have been removed; or if there be no such county or corporation court, a certificate from some other court of record, having jurisdiction over the place from which such removal may have been; specifying the manner in which such person or persons shall have acquired title to such slave or slaves, containing a des. cription of their persons and names, and duly authenticated in the manner prescribed by law for the authentication of deeds executed See Rev'd Code, by persons residing out of this state, and to be recorded in the *...* P.3% $3; courts of this commonwealth. The clerk of the court to which Clerk of the court - j"... such certificate is offered, shall record the same, and for the re

certificate. -* See farther acts of 1811, ch. 26, post ch. 106.

*}

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