| | |
|---|
| enacted, by the authority of the same, That at some one certain place, to be
lawfully appointed, and at such times as herein after directed, there shall be held one principal
court of judicature, for this her majesty's colony and dominion of Virginia; which court shall
be, and is hereby established, by the name of the general court of Virginia; and shall consist of
her majesty's governor, or commander in chief, and the council, for the time being, any five of
them to be a quorum; and they are hereby declared and appointed judges or justices, to hear and
determine all suits and controversies which shall be depending in the said court.
|
General court, established.
Composed of Governor and
council.
|
| III. And be it enacted, That every person, which shall,
from time to time, or at any time hereafter, enjoy the office of a judge or justice of the said
general court, at and before his entring into and upon the said office, shall take the oaths
appointed by act of parliament to be taken, instead of the oaths of allegiance and supremacy; and
shall make and subscribe the declaration appointed by one act of parliament, made in the
twenty-fifth year of the reign of the late King Charles the second, intituled, An act preventing
dangers which may happen from Popish recusants, and the oath mentioned in an act of parliament,
intituled, An act to declare the alteration in the oath appointed to be taken by the act,
intituled, An act for the further security of her majesty's person, and the succession of the
crown in the protestant line; and for extinguished the hopes of the pretended prince of Wales,
and all other pretenders, and their open and secret abettors; and for declarin the association to
be determined. And if any person whatsoever shall presume to sit, judge, decree, direct, act, or
do, any manner of act or acts, thing or things, whatsoever, appertaining and properly belonging
to the office of a judge or justise of the said general court, before he hath taken the said
oaths, and every of them; every person so presuming to sit, judge, decree, direct, act, or do, as
aforesaid, without taking the oaths, and making and subscribing the declaration afore-mentioned,
and every of them, shall, for every such offence, be fined five hundred pounds sterling; one
moiety thereof to her majesty, her heirs and successors, for and towards the better support of
this government, and the contingent charges thereof; and the
|
Oaths.
Penalty for acting without.
|
| | |
|---|
| other moeity thereof to him or them that shall inform, or sue for the same.
|
| IV. Provided always, That if the said oaths, declaration,
or any of them, shall be abrogated by authority of the parliament of England, or become otherwise
void, the same shall also be adjudged, deemed, and taken to be abrogated, and to become void in
this colony and dominion also.
|
Proviso.
|
| V. And be it further enacted, that the said general court
shall take cognizance of, and are hereby declared to have full power and lawful authority and
jurisdiction, to hear and determine, all causes, matters, and things whatsoever, relating to or
concerning any person or persons, ecclesiastic or civil, or to any other persons or things, of
what nature soever the same shall be, whether the same be brought before them by original
process, or appeal from any other court, or by any other ways or means whatsoever.
|
Jurisdiction.
|
| VI. Provided always, That no person shall take original
process, for the trial of any thing in the general court, of less value than ten pounds sterling,
or two thousand pounds of tobacco, on penalty of having such suit dismissed, and the plaintiff
being non-suited, and paying costs of suit.
|
Limitation of jurisdiction.
|
| VII. Provided always, That if the justices of any county
court, or the vestry of any parish, shall become liable to prosecution for the breach of any
penal law, relating to their office; in such case, it shall and may be lawful for her majesty's
attorney-general, or any other person or persons thereunto permitted or impowered by law, to
inform or sue in the general court, for the penalty due on the breach of such penal law,
although it be of less value than ten pounds sterling, or two thousand pounds of tobacco; any
thing herein contained to the contrary, notwithstanding.
|
Proviso.
|
| VIII. And be it further enacted, That the said general
court shall be held two times every year; to wit, one court shall begin upon the fifteenth day of
April, if not on a Sunday, and then on the Monday thereafter, and shall continue to be held
eighteen natural days, Sundays exclusive; and one other court shall begin on the fifteenth day of
October, if not on a Sunday, and then on Monday thereafter, and shall continue to be held
eighteen natural days, Sundays exclusive.
|
Terms.
|
| | |
|---|
| IX. Provided neverthelesse, That if all suits, and other
matters depending in the said courts, shall be ended in less time than the days appointed by this
act, for them to sit; in such case, it shall be lawful for the said judges or justices to adjourn
until the next succeeding general court.
|
Proviso.
|
| X. And be it further enacted, That the said judges or
justices, and every one of them, at the time of his or their entring into upon his and their
office or offices, shall take the following oaths, and every of them, for the due execution of
his and their said office and offices, under the like fine, penalty, and forfeiture, as is
before mentioned, for not taking the oaths appointed by act of parliament to be taken, instead of
the oaths of supremacy and allegiance: To be recovered and divided in the same manner.
|
Other oaths.
|
| The Oath of a Judge of the General Court.
|
| YOU shall swear, that you will well and truly serve our sovereign
lady the queen, and her people, in the office of a judge or justice of the general court of
Virginia; and you shall not council or assent to any thing, the which might turn to the hurt or
disheriting of the queen, by any way or colour; and you shall do equal law, and execution of
right, to all the queen's subjects, rich and poor, without having regard to any person: You shall
not take, by yourself, or by any other person, any gift or reward, of gold, silver, or any other
thing, (except meat and drink, and that but of small value:) You shall not take any fees, or
other gratuity, of any person, great or small, except such salary as shall be by law appointed:
You shall not maintain, by yourself, or any other, privily or openly, any plea or quarrel hanging
in any of the queen's courts: You shall not delay any person of common right for the letters of
the queen, her governor of this country, or of any other person, nor for any other cause: And in
case any letter come to you, contrary to the law, you shall nothing do for such letter, but you
shall proceed to do the law, the said letters notwithstanding: And lastly, in all things
belonging to your said office, during your continuance therein, you shall faithfully, justly, and
truly, according to the best of your skill and judgment, do equal and impartial justice, without
fraud, So help you God.
|
Oath of a Judge.
|
| | |
|---|
| The oath of a Judge of the General Court, in Chancery.
|
| YOU shall swear, that well truly you will serve our sovereign lady
the queen, and her people, in the office of a judge or justice of the general court of Virginia,
in Chancery; and that you will do equal right to all manner of people, great and small, high and
low, rich and poor, according to equity and good conscience, and the laws and usages of this
colony and dominion of Virginia, without favour, affection, or partiality. So help you God.
|
Of a judge in Chancery.
|
| XI. And for the more easy and regular prosecution and determination
of all suits and actions in the general court.
|
| XII. Be it enacted, by the authority aforesaid, That all
original process, (either by writ, summons, or any other manner or means, to bring any person or
persons whatsoever, to answer any action, suit, information, bill, or plaint, in the general
court,) and all executions, and all attachments awarded by the general court, at the common law,
and all manner of subpœnas, attachments, and other process in Chancery, and all and every
process whatsoever, regularly and legally belonging or appertaining to, or for, or concerning any
cause, suit, matter, or thing depending, or to be depending, or prosecuted, in the general court,
shall be issued from the secretary's office, signed by the clerk of the general court; and shall
also be again returned into the same office and offices, whence the same were issued.
|
Writs, tests and return.
|
| XIII. And be it further enacted, That if any action, suit,
bill, plaint, information, or any other thing, shall be commenced, brought, had, or made, against
any person being a member of her majesty's council of state within this colony and dominion;
then, instead of any other process which might be legally taken in like case against any other
person, the clerk of the general court shall issue a summons, to the sheriff of the county where
such councillor usually resides, reciting the matter or cause charged against him, and summoning
him to appear and answer the same, upon such a certain day of the great court as shall be therein
mentioned: And if the said councillor shall not appear at the day,
|
Process against a councillor.
|
| | |
|---|
| according to the said summons, then it shall be lawful for the court to issue an
attachment against the estate of every such councillor so failing to appear; and thereafter, the
proceedings in such cases, shall be in the same manner, as upon the sheriff's returning non
est inventus, on any ordinary process.
|
| XIV. And for the prosecution of any action, suit, bill, plaint,
information, or any other thing of the like nature, against the sheriff of any county, the like
process shall be issued by the clerk of the general court, to the coroner of the county where the
sheriff resides; and thereupon the like proceedings shall be had against such sheriff, in the
same manner as is before directed, concerning the members of the council.
|
Against a sheriff, directed to coroner.
|
| XV. And be it further enacted, That the clerk of the
general court shall not issue writs, subpœnas, or any other original process, for many than
twelve suits or actions returnable to any one day of the general court; neither shall he issue
such process returnable to any day, except there shall have theretofore issued process for twelve
suits or actions returnable to every preceding day of that general court.
|
Rules for issuing writs, &c.
|
| XVI. And be it further enacted, That all process
whatsoever, returnable to the general court, shall be executed, at least ten days before the day
mentioned therein for the return thereof; and if any process shall be delivered to any sheriff,
or other officer, so late that he cannot execute the same ten days before the day of the return,
then it shall not be lawful for such sheriff, or other officer, to execute the same, but he shall
make return thereupon, according to the truth of the case: And if any persons takes out any
original process whilst the general court is sitting, or within ten days before the beginning of
any general court, such process shall be made returnable to the next general court after that
then sitting, or beginning within ten days, as aforesaid, and not otherwise: And all such
process issued and made returnable, otherwise than is herein directed, shall be, to all intents
and purposes, null and void.
|
How process shall be executed and returned.
|
| XVII. Provided always, That, nothing herein contained,
shall be construed, deemed, or taken, to extend to the disabling or incapacitating any judge or
justice of the General court, or any justice of the peace, or other officer, having lawful
authority for the same, to
|
Proviso, as to criminal cases, and breaches of the peace.
|
| | |
|---|
| apprehend, or cause to be apprehended, any traitor, felon, pirate, rioter, breaker of
the peace, or any other criminal offender: but that all and every such offender or offenders,
shall and may be bound over to appear at the general court, in like manner as heretofore hath, or
might have been, lawfully practised, according to the laws of England.
|
| XVIII. Provided also, That nothing herein, shall be
construed to invalidate or vitiate any writ, process, warrant, or other mandate or precept, which
shall be issued, made, or given, by any one or more of the judges or justices of the general
court, returnable to the general court.
|
Further proviso.
|
| XIX. Provided also, That nothing herein contained, shall be
construed to prohibit the clerk of the general court from issuing process for any more than
twelve actions, suits, or prosecutions, in her majesty's behalf, returnable to the fourth day of
the general court; but that it shall and may be lawful to and for her majesty's attorney-general,
for the time being, or any other person prosecuting, on her majesty's behalf, to take process for
any treason, murder, felony, piracy, breach of the peace, misdemeanor, or contempt, returnable to
the fourth day of the general court, although there shall be theretofore issued process for
twelve, or more actions, suits, or prosecutions, returnable to the same day; any thing herein
contained to the contrary, in any wise, notwithstanding.
|
Criminal prosecutions, how returnable.
|
| XX. And because many controversies may arise, concerning the manner
of accounting any number of days, that is hereby, or in any other act of assembly hereafter shall
be set, for issuing, serving, or returning of process, for filing declarations, or other matters
or things of the like nature: Therefore,
|
| XXI. Be it enacted, by the authority aforesaid, That in all
cases, where there is, or shall be, a certain number of days appointed, either for issuing,
executing, or returning of process, filing declarations or pleas, or for any other matter or
thing whatsoever, such number of days shall be accounted by natural days, exclusive of the days
of issuing, executing, and returning of such process; and so in like manner for all other cases.
|
How the number of days to be calculated.
|
| XXII. And be it further enacted, by the authority aforesaid,
That upon the issuing of process to any sheriff,
|
| | |
|---|
| for attaching the body of any one or more person or persons, to answer any suit, action,
complaint, or information, if such sheriff, upon the execution of the process, shall return bail
by him taken, for the appearance of such person or persons so attached, and the said person or
persons shall fail to appear accordingly, then judgment shall be given against such bail, for
what shall appear to be justly due to the plaintiff or prosecutor, at the next court; on
condition, that if such person or persons so attached as aforesaid, shall make his, her, or their
personal appearance at the next court after such judgment shall be given against the bail, as
aforesaid, then the bail shall be discharged; otherwise the bail shall have the same liberty of
defending himself, that the principal defendant might have had, if he had appeared; and then the
judgment shall be confirmed against the bail for what shall appear due to the plaintiff or
prosecutor: And if the sheriff, upon the execution of the process, shall not return any bail, and
the defendant shall fail to appear, then judgment shall be given against the sheriff, in the same
manner, and with the same condition, that is before expressed, against the bail. And in case the
person or persons attached, shall fail to appear at the next court after such judgment against
the sheriff, then the sheriff shall have the same liberty, and be liable to the like judgment as
is before directed, for and against the bail: And if the sheriff depart this life before such
judgment be confirmed against him, in such case, it shall and may be lawful to confirm such
judgment as aforesaid, against the executors and administrators of the said sheriff: And if there
shall not any will be proved, or administration of his estate granted, then it shall be lawful to
confirm the said judgment against the estate of the said sheriff; and accordingly a writ of
fieri facias shall and may issue to seize and levy so much of the goods and chattels of the
deceased sheriff, as will satisfy the said judgment, and every part thereof.
|
Bail, how to be returned.
Liability
of.
Defence by.
Liability of sheriff.
How
discharged.
Executors or administrators of sheriff liable.
|
| XXIII. Provided always, That in all cases where the
defendant or tenant shall fail to appear at the first court, the sheriff or bail shall not take
any advantage by imparlance, or otherwise, of the plaintiff or demandant, for his, her, or their
not having filed any declaration before the day whereto the writ was returnable,
|
Proviso, as to mode of defence by bail or sheriff.
|
| | |
|---|
| but judgment shall be given in manner aforesaid, against the bail or sheriff, his
executors, administrators, or estate, as if the declaration had been filed in due time.
|
| XXIV. Provided also, That after such conditional judgment
as aforesaid, against the sheriff or bail, the said sheriff or bail shall not be discharged by
the appearance of the defendant or tenant only, unless, at the same time, he, she, or they shall
give special bail, for the abiding by the award of the court: And in case such special bail shall
not be given, the proceedings shall be had against the sheriff or bail as aforesaid, as if the
defendant or tenant had never appeared.
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Special bail.
|
| XXV. Provided always, and it is hereby enacted and declared,
That in every case, where judgment shall be confirmed as aforesaid, against the bail or
sheriff, or against his executors or administrators, or against his estate, for or by reason of
the non-appearance, or other failure of the defendant as aforesaid, it shall and may be lawful
for the court where such judgment shall be so confirmed, upon the motion of the bail or sheriff,
or of his executors or administrators, or of any other person, on behalf of them, or either of
them, to order an attachment to issue, to attach so much of the estate of the defendant, as shall
be of value sufficient to satisfy such judgment, and the costs, and all other costs and charges
concerning the same: Which attachment shall be returnable to the next succeeding general court,
and thereupon the estate shall, by the court, be condemned, for satisfaction of the judgment,
costs, and charges, as aforesaid, and shall cause the same to be lawfully appraised; and
accordingly, so much thereof as shall be sufficient, shall be delivered to the bail or sheriff,
or his executors or administrators, against whom the judgment shall have been confirmed, as
aforesaid, to his or their own proper use, and the remainder shall be returned to the person from
whom the same was attached.
|
Remedy of bail and sheriff by attachment.
|
| XXVI. And be it further enacted, by the authority aforesaid,
That for the better and more regular prosecution and determination of all causes in the said
general court; and for the more exact entring of the judgments of the said court; and for the
preservation of the
|
Rules of proceeding. −− See chap. 3, 1727.
|
| | |
|---|
| records thereof, these following rules and methods shall be observed; to wit,
|
| That every plaintiff or demandant shall file his declaration three
days before the day whereto the writ is returnable; and if no declaration is filed in that
time,(but yet shall be filed before the day of the return,) the defendant or tenant shall have
one imparlance of course, more than otherwise should have been allowed; and if no declaration be
filed before the day of the return, then the plaintiff or demandant shall be nonsuit.
|
Declaration.
|
| That if the plaintiff or demandant fails to appear and prosecute his
suit, he shall be nonsuit.
|
Nonsuit.
|
| That where any nonsuit is awarded by the court, there shall be paid
for the same, (besides the costs of suit,) in manner following, to wit; If the defendant or
tenant (or where there are several defendants or tenants, if any one of them) shall dwell twenty
miles, or less, distant from the place of holding the general court, one hundred and fifty pounds
of tobacco, and five pounds of tobacco, for every mile above twenty.
|
Costs on non-suit.
|
| That the defendant or tenant shall prepare his plea in writing, to
the declaration of the plaintiff or demandant.
|
Plea.
|
| That the clerk of the court do carefully preserve the declarations,
pleas, and all evidences, and other papers, relating to any cause; and that they be all filed
together in the office.
|
Duty of clerks.
|
| That in all cases, where the title of any estate, in land, is
determined, the pleadings shall be all in writing; and shall be entered at large, with the
judgment thereupon, in particular books set apart for that purpose.
|
Land causes.
|
| That in all cases, where any fine is laid on the justices of any
county court, or the members of the vestry of any parish, one action may be brought against all
jointly.
|
Suits against justices and vestries.
|
| That for prevention of errors, in entring the judgments of the
court, the proceedings of every day, shall be drawn at large by the clerk, against the next
sitting of the court, when the same shall be read in open court, and such corrections are
necessary, shall be made therein; and then the same shall be signed by the secretary of this
dominion, for the time being, or
|
Orders of each day to be drawn up.
|
| | |
|---|
| his deputy: Which draughts of the proceedings, so signed, shall also be very carefully
preserved amongst the records.
|
| XXVII. And forasmuch as in many cases, for the trials of matters in
fact, in the said general court, it may be necessary to examine several witnesses, that the truth
in such cases, may be the better known: −− Therefore,
|
| XXVIII. Be it enacted, by the authority aforesaid, That the
following orders, rules, and methods, for the summoning, examination, and taking affidavits of
witnesses, in all cases depending in the said court, and every of them, be observed, and put in
practice, hereafter mentioned, to wit,
|
Subpœnas, how to issue.
|
| That in all cases, where witnesses are to appear at the general
court, a summons shall be issued for the same, by the clerk of the general court, for the time
being, expressly mentioning the time and place where the witnesses are to appear, and the names
of the parties to the suit wherein they are to give evidence, and at whose request they are
summoned.
|
| That if any witness, by sickness, age, or other lawful disability,
be incapable of attending, to give his or her evidence, according to such summons, then every
person so incapacitated, shall procure a certificate of such disability, under the hand (at
least) of one justice of the peace of the quorum, in the county where he or she resides: And in
case, the judges or justices of the court where such suit is depending, or any two of them, shall
or may, by one or more commission or commissions, from time to time, as need shall require,
impower such and as many persons as they shall think fit and necessary, in any county within this
dominion, to take and receive all and every the affidavit and affidavits, of any person or
persons so disabled, as aforesaid, and procuring a certificate in manner as is before directed.
|
Depositions of witnesses, when to be taken.
|
| XXIX. Provided always, That the party praying for and
obtaining such commission or commissions, for taking or receiving any affidavit or affidavits, as
aforesaid, shall make known unto the other party against whom the same are to be taken, the time
and place of the execution of every such commission, at least ten days before the day appointed
for such execution. And
|
Commissions, how obtained.
|
| | |
|---|
| all affidavits otherwise taken than is herein directed, shall be, to all intents and
purposes, null and void.
|
| XXX. That if any person whatsoever shall be summoned as a witness,
and upon his or her appearance in the general court, or before the persons appointed to take
affidavits, as aforesaid, shall refuse to give evidence upon oath, when thereto lawfully
required; then such person so refusing, shall immediately thereupon be committed to the common
goal, there to remain without bail or mainprise, until he or she shall be willing to give
evidence, upon oath, in such manner as the law now doth, or at any time hereafter shall direct.
|
Witnesses refusing to depose, to be committed.
|
| XXXI. Provided always, That the people commonly called
Quakers, shall have the same liberty of giving their evidence, by way of solemn affirmation and
declaration, as is prescribed by one act of parliament, Septimo & Octavo Gulielmi Tertii
Regis, intituled, an act that the solemn affirmation and declaration of the people
called Quakers, shall be accepted instead of an oath, in the usual form; which said act of
parliament, for so much thereof as relates to such affirmation and declaration, and for the time
of its continuance in force, and not otherwise, shall be, to all intents and purposes, in full
force within this dominion. That popish recusants convict, negroes, mulattoes and Indian
servants, and others, not being christians, shall be deemed and taken to be persons incapable in
law, to be witnesses in any cases whatsoever.
|
Affirmation of Quakers allowed.
Popish recusants, negroes, Indians, incapable of being witnesses.
|
| That if any person shall be summoned to attend at the general court
as a witness, and shall fail to attend, according to the summons, for every such failure, he or
she who shall be guilty thereof, shall forfeit and pay to the party agrieved, one thousand pounds
of good tobacco: to be recovered, with costs, by action of debt, in any court of record within
this dominion.
|
Penalty on witnesses failing to attend.
|
| XXXII. Provided always, That if at the time such person so
summoned ought to have appeared to have given evidence, sufficient cause be shewn of his or her
incapacity to attend, then no forfeiture or penalty shall be incurred by such failure; but if
sufficient cause be not shewn at the next succeeding court after such failure, then upon the
motion of the party agrieved, it shall be lawful for the said court to grant judgment for the
forfeiture afore-mentioned, against the person or
|
Proviso.
|
| | |
|---|
| persons so summoned, and failing to appear as aforesaid.
|
| That upon the commitment of any person or persons, for any capital
or criminal offence or offences, the magistrate or magistrates making such commitment, shall
cause all the witnesses of the fact, that shall come to his or their knowledge, to enter into
recognizances for their and every of their appearance, to give evidence, viva voce, upon
the trial, of such offender or offenders, and every of them.
|
Recognizance of witnesses in criminal cases.
|
| That during the attendance of any person summoned as a witness at
the general court, and as the said person shall be going to, and returning from the place of such
attendance, (allowing one natural day for every twenty miles such person's residence shall be
distant from the same, no person or persons whatsoever, shall serve or execute, or cause to be
served or executed, upon any person so attending, going to, or returning from, such place of
attendance as aforesaid, any writ, process, warrant, order, judgment, or decree; and if any such
be served or executed, contrary to this act, the same shall be void, to all intents and purposes
whatsoever.
|
Witnesses privileged from arrest.
|
| That for every mile any person shall travel, either in going to, or
returning from, the place where he or she shall be summoned to appear as a witness, there shall
be paid to him or her, by the person or persons at whose suit the summons issued, one pound of
tobacco and a halve per mile, together with the necessary charges of ferriage, in going and
returning, and sixty pounds of tobacco, per day, for every day's attendance, from the time
appointed for the appearance of such witnesses, until the time they shall be discharged.
|
Their allowance.
|
| That in any bill of costs, there shall not be allowed the charge of
above three witnesses, to the proof of any one particular matter of fact.
|
3 taxed in bill of costs.
|
| XXXIII. And to the intent that erroneous proceedings and judgments
of the other her majesty's courts within this dominion, may be corrected and amended, with as
much expedition, and with as little charge to the parties concerned, as may be: Therefore,
|
| XXXIV. Be it enacted by the authority aforesaid, That if
any person or persons bodies politic or corporate, shall, at any time hereafter, take him, her,
or themselves to be agrieved, contrary to law and justice,
|
Appeals.
|
| | |
|---|
| by the judgment, decree, or sentence of any other court within this dominion, of what
nature or value soever the cause shall be; then, and in such case, it shall and may be lawful, to
and for such person or persons, bodies politic and corporate, and every of them, so agrieved, to
enter an appeal from any such judgment, decree, or sentence, to the said general court: Upon
which said appeals, it shall be lawful to and for the parties appealed, to assign and shew forth
the errors of the judgment and proceedings of the court from whence they appealed, in manner as
is hereafter expressed, and not otherwise: That is to say,
|
| Upon an appeal, in any personal action, where the judgment, decree,
or sentence of the court appealed from, shall be from any sum not exceeding twenty pounds
sterling, or four thousand pounds of tobacco, the appellant or appellants, in his or their
declaration, or bill of errors, exhibited in the general court, shall not be permitted to assign
any error, to reverse the judgment, decree, or sentence of any court, other than errors in matter
of right. And if upon hearing the cause in the general court, such judgment, decree, or sentence,
shall appear to be rightly and justly given, the same shall be affirmed; notwithstanding any
mispleading, or other error in the form of the proceedings, whatsoever.
|
Rules, as to assigning errors on appeals not exceeding 20l.
|
| And, upon an appeal, in any personal action, where the judgment,
decree, or sentence appealed from, shall be for any sum not under twenty pounds sterling, or four
thousand pounds of tobacco, nor above fifty pounds sterling, or ten thousand pounds of tobacco,
the appellant or appellants, in his or their declaration, or bill of errors, exhibited in the
general court, shall not be permitted to assign any error, to reverse the judgment, decree, or
sentence of any court, other than errors in matter of right, and such errors in the form or
manner of the proceedings, as were insisted upon in the court from whence the appeal shall be
made. And if, upon the hearing of the cause in the general court, the judgment, decree, or
sentence appealed from, appears to be justly made, in point of right, and that the errors
assigned in the manner of the proceedings shall not be sufficient to reverse the same, then such
judgment, decree, or sentence, shall be affirmed in the general
|
Between 20l and 50l.
|
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| court; notwithstanding any other errors, which may be assigned, in the formality of the
proceedings.
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| And, upon appeals from any judgment, decree, or sentence, in
personal actions, suits in chancery, informations, or other controversies, of greater value than
fifty pounds sterling, or ten thousand pounds of tobacco, and all real actions, of what value
soever, it shall and may be lawful to and for the appellant or appellants to assign errors,
either of form or substance, in like manner as is permitted by the laws of England, in the
prosecution upon writs of error.
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If above 50l.
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| XXXV. And be it further enacted, by the authority aforesaid,
That upon an appeal, in any personal action, if the judgment, decree, or sentence appealed
from, be affirmed in the general court, then the appellant or appellants shall pay unto the
appellee or appellees (besides the principal sum and costs, expressed in such judgment, decree,
or sentence) fifteen per cent. damage, upon the principal debt, or the sum recovered for damage,
and upon the costs of suit in the court from whence such appeal shall be made.
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Damages on affirmance.
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| And upon any appeal, in any real action, if the judgment, decree, or
sentence appealed from, shall be affirmed in the general court, then the appellant or appellants,
shall pay unto the appellee or appellees, in lieu of the fifteen per cent. aforesaid, the sum of
two thousand pounds of tobacco, damage, over and above what shall be contained and expressed in
judgment, decree, or sentence, from whence such appeal shall be made.
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In real actions.
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| XXXVI. And, for the more regular hearing and determining of such
appeals as shall be made, from the several county courts, unto the general court: Be it
enacted, by the authority aforesaid, That all appeals from the county courts of Henrico,
Prince George, Surry, Isle of Wight, Nansemond, Norfolk, and Princess Anne, shall be made to the
sixth day of the next succeeding general court after such appeals respectively: And that all
appeals from the county courts of James-City, Charles-City, New-Kent, Warwick, and
Elizabeth-City, shall be made to the seventh day of the next succeeding general court after such
appeals respectively: And that all appeals from the county courts of Gloucester, King William,
King and Queen, Middlesex,
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Days, for appeals.
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| and Essex, shall be made to the eighth day of the next succeeding general court after
such appeals, respectively: And that all appeals from the county courts of Richmond,
Westmoreland, Northumberland, Stafford, and Lancaster, shall be made to the ninth day of the next
succeeding general court after such appeals, respectively: And that all appeals from the county
courts of Accomack, and Northampton, shall be made to the tenth day of the next succeeding
general court after such appeals, respectively: And that no appeals from any county courts, be
admitted to any other day of the general court, than what is herein expressed and directed.
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| XXXVII. And be it enacted by the authority aforesaid, That
upon supersedeas brought to the general court, to reverse any judgment, decree, or sentence given
in any of the county courts of this dominion, the proceedings shall be in the same manner as
before directed for appeals; and the like damages awarded, in case the judgment, decree, or
sentence of the county court be affirmed.
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Supersedeas.
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| XXXVIII. And forasmuch, as several fines and forfeitures, by this
and several other acts, are, or may be directed to be recovered in any court of record in this
dominion: For the better explanation thereof,
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| XXXIX. Be it enacted by the authority aforesaid, That the
general court of this dominion, and the courts held before the justices of the peace, in the
several respective counties, commonly called the county courts, shall be deemed and taken, and
are hereby declared to be the only court or courts whatsoever, shall be construed, deemed, or
taken to be such.
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Courts of record.
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| XL. And be it further enacted, That all and every other act
or acts, and every clause and article thereof, heretofore made, for so much thereof as relates to
establishing the general court; or to the regulating or settling the proceedings therein; or to
any other matter or thing whatsoever, within the purview of this act, is, and are hereby
repealed, and made void, to all intents and purposes, as if the same had never been made.
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Repealing clause.
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| CHAP. XX.
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| An
| act for enlarging the power of the Sheriff attending the General
Court, and of the Constables of Bruton Parish.
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| I. WHEREAS the City of Williamsburg is so placed, that persons may
easily evade being summoned to attend the general court, as grand jurors, jurors, and evidences,
or to be taken, upon any precept of the said court, unless the power of the sheriff, and his
officers attending the said court, be enlarged.
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Preamble.
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| II. Be it therefore enacted, by the governor, council, and
burgesses, of this present general assembly, and it is hereby enacted, by the authority of the
same, That the sheriff, and his deputies and bailiffs, which shall attend the general court,
and every of them, be impowered, and they and every of them are hereby empowered, during the
sitting of the general court, to summon grand jurors, jurors, and evidences, and to execute other
the commands of the general court, in all and every part of the city of Williamsburg, and half a
mile compass from the same, and to make return thereof; which return shall be sufficient for the
general court to proceed thereon.
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Sheriff attending general court, may execute process in
Williamsburg, and half a mile around.
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| III. And be it further enacted by the authority aforesaid,
That it shall and may be lawful for the constables of Bruton parish, appointed or to be appointed
by the courts of the counties of James City, or York, respectively, to do and execute all matters
and things appertaining to the office of a constable within any part of the city of Williamsburg,
and half a mile compass from the same.
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Constables of Bruton parish, may act in Williamsburg, &c.
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| IV. And be it enacted, That all and every other act and
acts, and every clause and article thereof, heretofore made, for so much thereof as relates to
any matter or thing whatsoever, within the purview of this act, is, and are hereby repealed, and
made void, to all intents and purposes, as if the same had never been made.
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Repealing clause.
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Pages 304-329
