Pages 497-528
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| Pages 497-528
| Pages 558-582
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| CHAP. XXXVI. | ||
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| [Passed January 3, 1788.] | ||
| I. WHEREAS by an act of the general assembly entituled "An act for sequestering British property, enabling those indebted to British subjects to pay off such debts, and directing the proceedings in suits where such subjects are parties," it is among other things provided, that it shall and may be lawful for any citizen of this commonwealth owing money to a subject of Great Britain, to pay the same or any part thereof from time to time as he shall think fit, into the said loan office, taking thereout a certificate for the same, in the name of the creditor, with an indorsement under the hand of the commissioner of the said office, expressing the name of the payer, and shall deliver such certificate to the governor and council, whose receipt shall discharge him from so much of the debt, and the governor and council shall in like manner lay before the general assembly, once in every year, an account of these certificates, specifying the names of the persons by and for whom they were paid, and shall see to the safe keeping of the same, subject to the future direction of the legislature. | Monies paid into the loan office, on account of British debts, how far reimbursed. | |
| II. And whereas it belongs not to the legislature to decide particular questions, of which the judiciary have cognizance, and it is therefore unfit for them to determine whether the payments so made into the loan office as aforesaid, be good or void between the creditor and debtor, but it is expedient to declare to what amount this commonwealth may be bound for the payments aforesaid, Be it enacted and declared, that this commonwealth shall, at no time nor on any event or contingency be liable to any person or persons whatsoever for any sum on account of the payments aforesaid, other than the value thereof when reduced by the scale of depreciation, established by one other act of the general assembly, intituled "An act directing the |
| mode of adjusting and settling the payment of certain debts and contracts, and for other purposes," with interest thereon at the rate of six per centum per annum; any law, usage, custom, or any adjudication or construction of the first recited act already made or hereafter to be made notwithstanding. | |
| III. Provided always, That nothing herein contained shall be construed to affect or prejudice any process, plea or right, to which a citizen debtor would have been entitled against his creditor before the passing of this act, but that all courts of law and equity shall decide on such process, plea and right, in the same manner as if this act had never been made. | |
| IV. Be it therefore enacted, and be it further enacted, That no question between debtor and creditor respecting any sum of money so paid into the public loan office, shall be brought before any court of this commonwealth, during the suspension of the act intituled "An act to repeal so much of all and every act or acts of assembly as prohibits the recovery of British debts." | |
 CHAP. XXXV. Ao act to authorize the establishment of fire companies. [Passed January 7, 1788.] | |
| I. WHEREAS the danger to which the several towns within this commonwealth are exposed from fire is chiefly occasioned by the want of fire companies duly organized, and it is necessary that such companies be incorporated, in order to give them their full effect, Be it enacted, That it shall be lawful for any number of persons resident within any town, borough, or corporation within this commonwealth exceeding forty persons to form themselves into a company or companies for the purpose of extinguishing fire, who on having their names and subscriptions recorded in the court of the county or corporation where they reside, are hereby authorized to make such rules and regulations | Establishment of fire companies authorised. |
| as to a majority of the said company or companies may seem proper and necessary for the procuring of engines and other necessary implements working the said engines, and exercising the companies raised. And that all fines and forfeitures for non-attendance or delinquency imposed by the said regulations not exceeding twenty-five shillings, shall be recoverable before a single magistrate on proof of such delinquency, which said fines and forfeitures shall be applied to the purposes of their institution. | ||
| II. Provided always, That all bye-laws or rules to be made by virtue of this act, which are contrary to the constitution or laws of the commonwealth, shall be null and void. | ||
| CHAP. XXXVII. | ||
| ||
| [Passed January 8, 1788.] | ||
| I. WHEREAS several evil disposed persons have seduced or stolen the children of black and mulatto free persons, and have actually disposed of the persons so seduced or stolen as slaves, and punishment adequate to such crimes, not being by law provided for such offenders, | Stealing or selling a free person for a slave, felony, without clergy. | |
| II. Be it enacted, That any person who shall hereafter be guilty of stealing or selling any free person for a slave knowing the said person so sold to be free, and thereof shall be lawfully convicted, the person so convicted shall suffer death without benefit of clergy. |
| CHAP. XXXVIII. | ||
| ||
| [Passed January 2, 1788.] | ||
| I. WHEREAS it is represented that Richard Rigg in his life time, as one of the surveyors of the right honourable Thomas Lord Fairfax, in that part of this commonwealth called and known by the name of the Northern Neck, made a considerable number of surveys and entered them in a book for that purpose, and that before any plats and certificates thereof were made and returned to the land office, the said Richard Rigg departed this life: | Patents to issue upon surveys of land, made in Northern neck, by Richard Riggs. | |
| II. And whereas John M'Coole hath since the death of the said Richard Rigg, made out plats of such surveys from the said books and returned them to the land office with the respective fees upon oath, but no grants thereof can legally be issued; for remedy whereof, Be it enacted by the General Assembly, That the register of the land office shall, and he is hereby empowered and required to issue grants conformable to the plats of survey so returned into the land office in like manner as the plats and certificates thereof had been returned to the office in due form by the said Richard Rigg. | ||
| CHAP. XXXIX. An act establishing District Courts. [Passed January 2, 1788.] | ||
| I. WHEREAS the delays inseparable from the present constitution of the general court, may be often equal to a denial of justice, the expence of the criminal prosecutions are unnecessarily burthensome to the citizens of this commonwealth, violations of the law frequently pass with impunity, from the distance at | District courts established. This act never
went into operation; and was
|
| which witnesses reside from the fixed station of the said court, and the authority of those laws would be more defusively promulgated by the establishment of district courts. | repealed, by the last section of the act of 1788 ch. 67. |
| II. Be it therefore enacted by the General Assembly, That the counties of Henrico, Hanover, Chesterfield, Goochland, and Powhatan, shall compose one district, and that a court shall be held for the same at the city of Richmond, on the first day of April, and the first day of September in every year. That the counties of James City, Charles City, New Kent, Surry, Gloucester, York, Warwick, and Elizabeth City, shall compose another district, and a court shall be held for the same at the city of Williamsburg, in the courthouse of James City county, on the twenty third day of April, and the twenty third day of September in every year. That the counties of Richmond, Westmoreland, Lancaster, and Northumberland, shall compose another district, and a court shall be held for the same at Northumberland courthouse, on the first day of April, and the first day of September in every year. That the counties of Essex, Middlesex, King and Queen, and King William, shall compose another district, and a court shall be held for the same at King and Queen courthouse, on the twelfth day of April, and the twelfth day of September, in every year. That the counties of Spotsylvania, Caroline, King George, Stafford, Orange, and Culpeper, shall compose another district, and a court shall be held for the same at Fredericksburg, on the first day of April, and the first day of September, in every year. That the counties of Fredericks, Berkeley, Hampshire, Hardy, and Shenandoah, shall compose another district, and a court shall be held for the same at Winchester, on the twenty sixth day of April, and the twenty sixth day of September, in every year. That the counties of Augusta, Rockbridge, Rockingham, and Pendleton, shall compose another district, and a court shall be held for the same at Staunton, on the first day of April, and the first day of September, in every year. That the counties of Albemarle, Louisa, Fluvanna, and Amherst, shall compose another district, and a court shall be held for the same at Charlottesville, on the eighth day of May, and the eighth day of October, in every year. That the counties of Fairfax, Fauquier, Loudon, and Prince |
| William, shall compose another district, and a court shall be held for the same at Dumfries, on the thirteenth day of April, and the thirteenth day of September in every year. That the counties of Harrison, Monongalia, Ohio, and Randolph, shall compose another district, and a court shall be held for the same at Monongalia courthouse, on the seventeenth day of April, and the seventeenth day of September, in every year. That the counties of Montgomery, Washington, and Russel, shall compose another district, and a court shall be held for the same at Washington, and Montgomery courthouses, alternately, on the twenty sixth day of April, and the twenty sixth day of September in every year. That the counties of Norfolk, Isle of Wight, Princess Anne, Nansemond, and Southampton, shall compose another district, and a court shall be held for the same at Suffolk, on the sixth day of May, and the sixth day of October, in every year. −− That the counties of Prince George, Sussex, Dinwiddie, and Amelia, shall compose another district, and a court shall b held for the same at Petersburg, on the thirteenth day of April, and the thirteenth day of September, in every year. | |
| II. And whereas there is not any courthouse in the town of Petersburg wherein the said court can hold their sessions, and it is necessary some place should be fixed on for holding the said courts, as also for ascertaining the place whereon the courthouse and prison shall be built, Be it further enacted, That until the public buildings shall be erected, the said court shall hold their sessions in the house of Robert Armistead, in the said town and that the courthouse and prison be built on the lands of Erasmus Gill in the said town, who is willing to erect the same at his own expence, and that after the same shall be completed, the courts shall be held therein; but in case the said Erasmus Gill, shall refuse to make the necessary publick buildings, the court of the county of Dinwiddie are hereby empowered to fix on the lands of any other person within the said town, whereon the said buildings shall be erected, who may be willing to make the same at their own expence. That the counties of Brunswick, Greensville, Lunenburg, and Mecklenburg, shall compose another district, and a court shall be held for the same at Brunswick courthouse, on the twenty-fifth day |
| of April, and the twenty-fifth day of September, in every year. That the counties of Prince Edward, Buckingham, Charlotte, Halifax, and Cumberland, shall compose another district, and a court shall be held for the same at Prince Edward courthouse, on the first day of April, and the first day of September, in every year. That the counties of Bedford, Campbell, Franklin, Pittsylvania, and Henry, shall compose another district, and a court shall be held for the same at New-London, on the twelfth day of April, and on the twelfth day of September, in every year. That the counties of Accomack and Northampton, shall compose another district, and a court shall be held for the same at Accomack courthouse, on the eighth day of May, and the eighth day of October, in every year. That the counties of Greenbrier and Botetourt, shall compose another district, and a court shall be held for the same at Louisbourg in Greenbrier, and Botetourt courthouse, alternately, on the eighth day of May, and the eighth day of October, in every year, until the proprietor of the Sweet Springs, shall erect a sufficient courthouse and prison, for the purposes of this act, after which time the Sweet Springs shall become the seat of the district court. Each court shall sit, if business require, for eight days successively, Sundays excepted, and no longer, and shall be a court of record. And if any of the said several days shall happen to be Sunday, then the said district courts shall respectively as the case may happen, begin on the succeeding day. The court of appeals at their session to be held in April next, or a majority of them shall appoint a clerk, to each of the said district courts, who shall be removable on conviction on an indictment for a misdemeanor, shall reside and keep his office at the place of holding the court, and shall give bond with security payable to the governor for the time being, for the faithful performance of his duty, in the penalty of three thousand pounds, to be put in suit at the instance of any party, or parties aggrieved, for his, her, or their use. He shall issue all writs, summonses, and other lawful process, which shall bear teste, in his own name, and be returnable to the next court to be holden for his district, and shall act as clerk of the said court. | |
| III. And be it further enacted, That four judges shall be elected by joint ballot of both houses of assembly, |
| in addition to the present judges of the general court, who shall also be judges of the court of appeals, and it shall be the duty of the judges of the high court of appeals, to attend the said courts, allotting among themselves the districts they shall respectively attend, in such manner that the judges of the high court of chancery and admiralty shall attend the district courts to be held at Richmond, Petersburg, Brunswick, Suffolk, Northumberland, King and Queen, Williamsburg, and Accomack, and the judges of the general court shall attend the district courts, to be held at Fredericksburg, Dumfries, Winchester, Charlottesville, Staunton, Monongalia, Prince Edward, New-London, at Washington, and Montgomery alternately, and at the Sweet Springs: Three judges to be allotted to each district, any two of whom shall constitute a court. | |
| IV. And be it further enacted, that a tax of six shillings, shall be, and the same is hereby imposed on all judgments to be obtained in the district courts, which shall be paid by the plaintiff to the clerk of the court where such judgment shall be obtained before he shall enter up the same; which sum of six shillings, shall be taxed in the bill of costs, and in all other respects the tax on process in the district courts shall be the same, and shall be taxed in the bill of costs in like manner as now by law directed concerning process in the general court. The clerks of the district courts shall account upon oath for the receipt of the abovementioned tax of six shillings, upon all judgments to be obtained in their courts respectively, in the same manner as they are directed by law to collect and account for taxes heretofore imposed and divide the same among the judges attending such court, taking a receipt from each judge for the amount so paid, to be deducted out of his salary, which receipt when produced to the auditor of public accounts shall be a credit for the amount thereof to the clerk producing the same. −− Each of the judges, besides the oaths now particularly required, shall take another as judge of the district courts, according to the direction of the act intituled "An act for establishing a general court," and the taking the last mentioned oath, shall enable any person appointed a judge of either of the superior courts, to act as such in the district courts, and as conservators of the peace throughout this commonwealth. Any |
| judge who shall sit as a judge of the district court, without having taken the last mentioned oath, shall forfeit the sum of five hundred pounds, to be recovered in any court of record, by action of debt or information; one half for the use of the commonwealth, and the other half for the use of the informer. If two judges should not attend on the first day of any district court, it shall be lawful for one judge to adjourn such court from day to day, until a court shall be made, if that happen before four of the o'clock in the afternoon of the sixth day. If a district court shall not sit in any term, or shall not continue to sit the whole term, or before the end of a term shall not have heard and determined all matters ready for their decision, such matters and all others depending in court, shall stand continued to the next succeeding term. | |
| VI. The jurisdiction of the said courts respectively, shall be over all persons and in all causes, matters, or things at common law now cognizable in the general court, and which shall amount to thirty pounds, whether brought before them by original process, by habeas corpus, appeal, writ of error, supersedeas, mandamus, certiorari, to remove proceedings ion a forcible entry or detainer, or for any other purpose, or by any other legal ways or means whatsoever; and also all other legal ways or means whatsoever; and also all suits now depending in the general court under that sum. They shall also have the same jurisdiction over controversies concerning mills, wills, roads, and letters of administration, public debtors, whether sheriffs or others, and the recording of deeds for lands, and other property within the district, as the general court now hath by law, and the said courts shall hear and determine the same. Provided also, That writs of habeas corpus, appeal, error, supersedeas, mandamus, and certiorari, and controversies concerning mills, wills, roads, and letters of administration, shall not be heard or determined by any district court, unless such writ of error, supersedeas, mandamus, and certiorari relate to some record or proceeding within the said district, or the person praying the habeas corpus, or the mills or roads be within the same, or the wills or letters of administration be cognizable by the court of some county within the said district. | |
| VII. The judges of the court of appeals shall direct the forms of writs from time to time, in such manner |
| as shall seem advisable; but until an alteration by them made therein, the forms shall be as nearly alike to those now used in the general court as the nature of district courts will admit. If any writ or process shall be executed so late, that the sheriff or other officer hath not reasonable time to return the same before the day of appearance thereto, and an alias, pluries, attachment or other process be awarded thereupon, the sheriff shall not execute such subsequent process, but shall return the first process by him executed, on which there shall be the same proceedings as if it had been returned in due time. | |
| VIII. In all actions or suits which may be commenced against the governor of this commonwealth, any member of the privy council, any of the judges of the superior courts, or the sheriff of any county, during his continuance in office, instead of the ordinary process a summons shall issue to the sheriff or other proper officer, reciting the cause of action, and summoning such defendant to appear and answer the same on the proper return-day in the next district court; and if such defendant, being summoned, or after a copy shall have been left at his house ten days before the return day shall not appear to answer the same, an attachment shall be awarded against his estate, and thereafter the proceedings in the suit shall be in like manner as is directed in case of an attachment awarded upon the sheriff's returning non est inventus on ordinary process. Provided always, That after judgment and the return of a fieri facias by the sheriff of that county in which the defendant in any such case resides, that no effects, or not sufficient are to be found in his bailiwick to satisfy the said judgment, a capias ad satisfaciendum may issue as in other cases. Provided also, That no writ of capias ad respondendum shall be issued against any person in any other district than that in which he resides, until a non est inventus has been returned in such district, upon a capias issued against such defendant in the same suit; and every writ issued contrary thereto, shall be ipso facto void, and dismissed on the first calling thereof. Provided nevertheless, That where two or more person s are or shall be jointly and not severally bound for the performance of any contract, or for the payment of any money or tobacco, by bond covenant, or otherwise, that it shall and may be |
| lawful to prosecute such persons jointly or severally, in whatever district they or either of them may reside: And provided also, that any person not a resident within this state, nor paying county or parish levies within the same, may be prosecuted in like manner as if this act had never been made. | |
| IX. In all actions to recover the penalty for breach of any penal law, not particularly directing special bail to be given in actions of slander, tresspass, assault and battery, actions on the case for trover or other wrongs, and all other personal actions, except such as shall be herein after particularly mentioned, the plaintiff or his attorney shall, on pain of having his suit dismissed, with costs, endorse on the original writ or subsequent process, the true species of action, that the sheriff to whom the same is directed may be thereby informed whether bail is to be demanded on the execution thereof; and in the cases before mentioned, the sheriff may take the engagement of an attorney practising in the district court, endorsed upon the writ, that he will appear for the defendant or defendants, and such appearance shall be entered with the clerk in the office on the first day after the end of the court, to which such process is returnable, which is hereby declared to be the appearance-day in all process returnable to any day of the court next preceding. Every attorney failing to enter an appearance according to such engagement, shall forfeit to the plaintiff fifty shillings, for which judgment shall be immediately entered, and execution may issue thereupon. Provided always, That any judge of the said court, in actions of tresspass, assault and battery, trover and conversion, and in actions on the case, where, upon proper affidavit or affirmation, as the case may be, it shall appear to him proper that the defendant or defendants should give appearance-bail, may, and he is hereby authorised to direct such bail to be taken by endorsement on the original writ or subsequent process; and every sheriff shall govern himself accordingly. | |
| X. In all actions of debt, founded on any writing obligatory, bill or note in writing, for the payment of money or tobacco, all actions of covenant or detinue; in which cases the true species of action shall be endorsed on the writ as before directed, and that appearance-bail is to be required, the sheriff shall return on |
| the writ the name of the bail by im taken, and a copy of the b ail-bond to the clerk's office before the day of appearance; and if the defendant shall fail to appear accordingly, or shall not give special bail, being ruled thereto by the court, the bail for appearance may defend the suit, and shall be subject to the same judgment and recovery as the defendant might or would be subject to, if he had appeared and given special bail; and in actions of detinue the bail-piece shall be so changed as to subject the bail to the restitution of the thing, whether animate or inanimate, sued for, or the alternative value, as the court may adjudge. And if the sheriff shall not return bail, and the copy of the bail-bond, or the bail returned shall be judged insufficient by the court, and the defendant shall fail to appear and give special bail, if ruled thereto, in such case the sheriff may have like liberty of defence, and shall be subject to the same recovery as is provided in the case of appearance-bail. And if the sheriff depart this life before judgment be confirmed against him, in such case the judgment may be confirmed against his executors or administrators; or if there shall not be a certificate of probate or administration granted, then it may be confirmed against his estate, and a writ of fieri facias may in either case be issued; but the plaintiff shall object to the sufficiency of the bail during the sitting of the court next succeeding that to which the writ is returnable, or in the office on the first or second rule-day, and at no time thereafter. And all questions concerning the sufficiency of bail so objected to in the office, shall be determined by the court on the first day of the next succeeding court; and in all cases where the bail shall be judged insufficient, and judgment entered against the sheriff, he shall have the same remedy against the estate of the bail as against the estate of the defendant: Also, that every judgment entered in the office against a defendant and bail, or against a defendant and sheriff, shall be set aside, if the defendant, upon the third day of the succeeding court, shall be allowed to appear without bail, put in good bail, being ruled so to do, or surrender himself, in custody, and shall plead to issue immediately; on which third day the court shall regulate all other proceedings in the office during the preceding vacation, and rectify any mistakes or errors which may have happened therein. In every |
| case where judgment shall be confirmed against any defendant or defendants and bail, or the sheriff, his executors, administrators, or estate, as aforesaid, the court, upon motion of such bail, or of such sheriff, his executors or administrators, or any other person on behalf of his estate, may order an attachment against the estate of such defendant or defendants, returnable to the next succeeding court; and upon the execution and return of such attachment, the court shall order the estate seized, or so much thereof as will be sufficient to satisfy the judgment and costs, and all costs accruing under the attachment, to be sold as goods taken in execution upon a fieri facias; and out of the money such judgment and all costs shall be satisfied, and the surplus, if any, restored to the defendant or defendants when required. | |
| XI. Any judge of the said court, when the court is not sitting, or any justice of the peace, may take recognizance of special bail in any action therein depending, which shall be taken, and shall be transmitted by the person taking the same before the next succeeding court, to the clerk of the said court, to be filed with the papers in such action; and if the plaintiff or his attorney shall except to the sufficiency of bail so taken, notice of such exception shall be given to the defendant or his attorney, at least ten days previous to the day on which such exception shall be taken: And if such bail shall be judged insufficient by the court, the recognizance thereof shall be discharged, and such proceedings shall be had as if no such bail had been taken. | |
| XII. Every special bail may surrender the principal before the court where the suit hath been or shall be depending at any time either before or after judgment shall be given, and thereupon the bail shall be discharged, and the defendant or defendants shall be committed to the custody of the sheriff or jailor attending such court, if the plaintiff or his attorney shall desire the same; or such special bail may discharge himself or herself, by surrendering the principal or principals to the sheriff of the county where the original writ was served, and such sheriff shall receive such defendant or defendants, and commit him, her, or them, to the jail of his county, and shall give a receipt for the body or bodies of such defendant or defendants, which shall |
| be by the bail forthwith transmitted to the clerk of the county where the suit is or was depending. When such render after judgment shall be to the sheriff, he shall keep such defendant or defendants in his custody in the same manner, and subject to the like rules, as are provided for debtors committed in execution during the space of twenty days, unless the creditor, his attorney or agent, shall sooner consent to his, her, or their discharge. The bail shall give immediate notice of such render to the creditor, his attorney or agent; and if within the said twenty days such creditor, his attorney or agent, shall not in writing charge the debtor or debtors in execution, he, she, or they shall be forthwith discharged out of custody; but the plaintiff or plaintiffs may nevertheless afterwards sue out any legal execution against such debtor or debtors. | |
| XIII. When the sheriff or other proper officer shall return on any original or mesne process, that he hath taken the body of any defendant and committed him to prison for want of appearance bail, the plaintiff may proceed, and the defendant make his defence in like manner as if his appearance bail had been entered and accepted; but such defendant shall not be discharged out of custody until he shall put in good bail, or the plaintiff shall be ruled by the court to accept an appearance entered, shall be confined in prison, the plaintiff may file his declaration, give a rule to plead, and deliver copies of such declaration and rule to the defendant, or his attorney; and if the defendant shall fail to enter his plea within two months after receiving such declaration and notice, the plaintiff may have his judgment by default, as in other cases. | |
| XIV. Rules shall be monthly holden in the clerk's office of each district, beginning the day after the rising of each court. | |
| XV. Where the sheriff or other proper officer shall return on any writ of capias to answer in any civil action, that the defendant is not found within his bailiwick, the plaintiff may either sue out an alias or a pluries capias, until the defendant shall be arrested, or a testatum capias, where he shall be removed into another county, or may, at his election, sue out an attachment against the estate of the defendant, to force an appearance; and if the sheriff or other officer shall return that |
| he hath attached any goods, and the defendant shall not appear and replevy the same, by entering his appearance and giving special bail, in case he shall be rules so to do, the plaintiff shall file his declaration, and be entitled to a judgment for his debt, or damages and costs, which judgment shall be final in all actions of debt founded on any specialty, bill or note in writing, ascertaining the demand; and in other cases, the damages shall be settled by a jury sworn to enquire thereof. The goods attached shall remain in the hands of the officer till such final judgment be entered, and then be sold in the same manner as goods taken upon a fieri facias; and if the judgment shall not be thereby satisfied, the plaintiff may sue out execution for the residue: and in case more goods be attached than will satisfy the judgment, the surplus shall be returned to the defendant. | |
| XVI. On the return of the pluries, that the defendant is not to be found, the court, instead of the process to outlawry formerly used, may order a proclamation to be issued, warning the defendant to appear at a certain day therein named, or that judgment will be rendered against him; which proclamation shall be published on three successive court-days at the door of the court-house of the county to which the last process was directed, and also three times in the Virginia Gazette; and if the defendant fails to appear pursuant to such proclamation, the same proceedings shall be had, and the same judgment given as in other cases of default. | |
| XVII. The plaintiff shall file his declaration in the clerk's office at the next such succeeding rule-day after the defendant shall have entered his appearance, or the defendant may then enter a rule for the plaintiff to declare, which if he shall fail or neglect to do at the succeeding rule-day, or shall at any time fail to prosecute his suit, he shall be nonsuited, and pay to the defendant or tenant, besides his costs, one hundred and fifty pounds of tobacco, where his place of abode is at the distance of twenty miles or under from the place of holding the district court, and where it is more, five pounds of tobacco for every mile above twenty. | |
| XVIII. One month after the plaintiff hath filed his declaration, he may give a rule to plead with the clerk, and if the defendant shall not plead accordingly at the |
| expiration of such rule, the plaintiff may enter judgment by default for his debt or damages and costs. | |
| XIX. All rules to declare, plead, reply, rejoin, or for other proceedings, shall be given regularly from month to month, shall be entered in a book to be kept for that purpose, and shall be out on the succeeding rule-day. | |
| XX. All judgments by default for want of an appearance, or special bail, or pleas as aforesaid, and non-suits or dismissions obtained in the office, and not set aside at the third day of the succeeding district court, shall be entered by the clerk as of that day, which judgment shall be final in actions of debt founded on any specialty, bill, or note in writing ascertaining the demands; and in all other cases the damages shall be ascertained by a jury, to be impannelled and sworn to enquire thereof, as is herein after directed. | |
| XXI. No plea in abatement, or of non est factum, shall be admitted or received if the defendant be not an executor or administrator, unless the party offering the same shall prove the truth thereof by affidavit or affirmation, as the case may be; and where a plea in abatement shall upon argument be judged insufficient, the plaintiff shall recover full costs to the time of over-ruling such plea, a lawyer's fee only excepted. | |
| XXII. The plaintiff in replevin, and the defendant in all other actions, may plead as many several matters, whether of law or fact, as he shall think necessary for his defence. | |
| XXIII. Before every district court the clerk shall enter in a particular docket all such causes (and those only) in which an issue is to be tried, or enquiry of damages to be made, or a special verdict, case agreed, demurrer, or other matter of law is to be argued, in the same order as they stand in the course of proceeding, setting as near as may be an equal number of causes to each day. | |
| XXIV. In all cases where witnesses are required to attend the district court, a summons shall be issued by the clerk, expressing the day and place where they are to appear, the names of the parties to the suit, and in whose behalf summoned. | |
| XXV. When any witness shall be about to depart the country, or shall be out of the commonwealth, or by age, sickness, or otherwise, shall be unable to attend, |
| the court, upon affidavit thereof, or on a certificate from any justice of the peace, the court, when they are sitting, or the clerk in vacation, may, on request of either party, award a commission for taking the deposition of such witness, de bene esse, to be read as evidence at the trial, in case the witness shall be unable to attend; but the party obtaining such commission shall give reasonable notice to the other party of the time and place of taking the deposition, otherwise the same shall be void. | |
| XXVI. If any party in a suit at common law shall make oath, that he verily believes his claim or defence, as the case may be, or a material point thereof, depends on a single witness, the court, when sitting, or the clerk in vacation, may award a commission to take the deposition of such witness, de bene esse, although he or she be not about to depart the country, nor under any disability, the party in such case giving reasonable notice of the time and place of taking such deposition to the adverse party. | |
| XXVII. If any person summoned as a witness, and attending the court or the commissioners to take his or her deposition as aforesaid, shall refuse to give evidence upon oath or affirmation, as the case may be, to the best of his or her knowledge, every person to refusing shall be committed to prison either by the court or commissioners, there to remain without bail or mainprise until he or she shall give such evidence. | |
| XXVIII. No person convicted of perjury shall be capable of being a witness in any case, nor shall any negro, mulatto, or Indian be admitted to give evidence but against or between negroes, mulattoes or Indians. | |
| XXIX. If any person summoned as a witness to attend the district court, shall fail to attend accordingly, they shall fine such person five pounds, or one thousand pounds of tabacco, at the option of the payer, to the use the party for whom such witness was summoned; and the witness so failing, shall farther be liable to the action of the party for all damages sustained by the non-attendance of such witness; but if sufficient cause of his or her inability to attend be shewn to the court at the time he or she ought to have appeared, or at the next succeeding court, then no fine or action shall be incurred by such failure. |
| XXX. Witnesses shall be privileged from arrests in all cases during their attendance at the district court, coming to and returning from thence, allowing one day for every twenty miles from their places of abode; and all such arrests shall be void. | |
| XXXI. Every witness summoned and attending the district court shall be paid by the party at whose suit the summons issued, two pounds of tobacco, or three pence per mile for travelling to the place of attendance, and the same for returning, besides ferriages, and sixty pounds of tobacco, or seven shillings and sixpence, per day, for his attendance which allowance shall be entered by the clerk of course, except where disputes arise concerning the same, and then such disputes shall be determined by the court. | |
| XXXII. Interpreters may be sworn truly to interpret, when necessary. | |
| XXXIII. And the court shall have power to try all issues, and enquire of damages by a jury in all causes before them, and to determine all questions concerning the legality of evidence, and other matters of law which may arise, for which trial the court shall cause the sheriff attending them to impannel and return jurors of the by-standers, qualified as the law directs concerning the general court, to be sworn well and truly to try the issue joined, or to enquire of damages, as the case may be, according to the evidence. | |
| XXXIV. For good cause, which shall be entered of record, and may be enquired into on a writ of error, the court may discharge a juror without the consent of the parties. | |
| XXXV. Special juries and juries de medietate linguœ, may be directed by the court to be summoned. | |
| XXXVI. Jurors knowing any thing relative to the point in issue, shall disclose the same in open court. | |
| XXXVII. Any juror guilty of a contempt to the court, shall be fined by the court any sum not exceeding ten pounds. | |
| XXXVIII. Juries may separate with the leave of the court. | |
| XXXIX. Papers read in evidence, though not under seal, may be carried from the bar by the jury. | |
| XL. No sheriff shall converse with a juror but by order of the court. |
| XLI. The qualification of jurors shall be the same as in the general court. | |
| XLII. The fee for summoning a jury shall be fifty pounds of tobacco, or six shillings and three-pence, to be taxed in the bill of costs. | |
| XLIII. Every person desirous of suffering a non-suit on trial, shall be barred therefrom, unless he do so before the jury retire from the bar. | |
| XLIV. If in detinue the verdict should omit price or value, the court may at any time award a writ of enquiry to ascertain the same. | |
| XLV. If on an issue concerning several things in one count in detinue, no verdict be found for part of them, it shall not be error, but the plaintiff shall be barred of his title to the things omitted. | |
| XLVI. Where there are several counts, one of which is faulty, and entire damages be given, the verdict shall be good; but the defendant may apply to the court to instruct the jury to disregard such faulty count. | |
| XLVII. Not more than two new trials shall be granted to the same party in one cause. | |
| XLVIII. Final judgment shall be given in all cases in the district court. | |
| XLIX. If in detinue price or value be omitted, the court may award at any time a writ of enquiry to ascertain the same. | |
| L. A judgment on confession shall be equal to a release of errors. | |
| LI. The statutes of jeofails which were passed prior to the year one thousand seven hundred and fifty three, are declared to be in force; and no discontinuance shall be for a failure to hold a court. | |
| LII. In all judgments for plaintiff or defendant, the clerk shall allow a lawyer's fee in the bill of costs, if the party employed one; which fee in real, personal, or mixed actions, where the title or bounds of land shall or may come in question, shall be thirty shillings, or two hundred and forty pounds of tobacco; and in all other causes fifteen shillings, or one hundred and twenty pounds of tobacco, at the election of the party paying. | |
| LIII. There shall not be allowed in the bill of costs the charge of more than three witnesses for the proof of any one particular fact. |
| LIV. The laws of costs shall not be interpreted as penal laws. | |
| LV. The district courts shall possess the same power over costs as the general court now possesses. | |
| LVI. Executions shall issue to any sheriff or coroner from the clerk of the district courts, and be returnable to the first day thereof. | |
| LVII. The court shall hear and determine motions against sheriffs in all cases, and according to the rules prescribed by law. | |
| LVIII. An execution, writ or other process, appearing to be duly served in other respects; shall not be deemed void, although it be not directed to any sheriff. | |
| LIX. Notice on replevy-bonds shall be good if given to the party in person, or delivered in writing to any free person above the age of sixteen years, who shall be a member of the family of the obligor, and shall be informed of the purport of such notice, or left at some public place at the dwelling house or other known place of residence of such obligor. | |
| LX. If a replevy-bond be quashed as faulty, the sheriff taking the same shall be at all times liable for damages to the party injured, or his representatives. | |
| LXI. If a distringas issue in detinue, the court for good cause shewn may direct it to be superseded so far as it respects the specific thing, and to be executed for the alternative price or value only, if fixed in the judgment, or to be fixed by a writ of enquiry. | |
| LXII. Grand juries shall be summoned to appear on the first day of every court according to the qualifications of the general court, and shall present offences committed within the district. | |
| LXIII. The district court to be held as aforesaid shall have full power to hear and determine, all treasons, murders, felonies, and other crimes and misdemeanors which shall be brought before them. | |
| LXIV. When any person, not being a slave, shall be charged before a justice of the peace with any criminal offence which, in the opinion of such justice, ought to be examined into by the county court, the said justice shall take the recognizance of all material witnesses to appear before such court, and immediately by his warrant commit the person so charged to the county jail, and moreover shall issue his warrant to the |
| sheriff of the county requiring him to summon the justices of the county to meet at their court-house on a certain day, not less than five nor more than ten days after the date thereof, to hold a court for the examination of the fact; which court shall consider whether, as the case may appear to them, the prisoner may be discharged from further prosecution, may be tried in the county, or must be tried in the district court, and if they shall be of opinion that the fact may be tried in the county, the prisoner shall be bound over to the next grand jury to be held for that county for trial, or upon refusing to give sufficient bail, shall be remanded to the county jail, there to remain until such court, or until he or she shall be bailed; but if they shall be of opinion that the prisoner ought to be tried in the district court, they shall take the depositions of the witnesses, and bind such as they shall think proper by recognizance to appear and give evidence against such criminal at his trial, and having remanded the prisoner to jail, any two of the justices, one being of the quorum, by warrant under their hands and seals, shall direct the sheriff or his deputy to remove the prisoner and commit him or her to the district jail, there to be safely kept until he or she shall be discharged by due course of law; by virtue of which warrant the sheriff, as soon as may be, shall remove the prisoner and deliver him or her with the warrant to the keeper of the district jail, who shall receive and safely keep him or her accordingly. And for enabling the sheriff safely to convey and deliver such prisoner, the said two justices by their warrant shall empower him, as well within his county as without, to impress such and so many men, horses, and boats as shall be necessary for the guard and safe conveyance of the prisoner, proceeding therein as the law may direct in cases of impressing on other occasions; and all persons are to pay due obedience to such warrant. Provided, That if such persons shall, in the opinion of the court be bailable by law, he or she shall not be removed within twenty days after the examining court, but shall and may be admitted to bail before any justice of the same county within that time, or at any time afterwards before any judge of the general court. | |
| LXVI. When any person shall be so removed to be tried for treason or felony, the clerk of the county |
| from whence the prisoner is removed shall, immediately after the court held for his or her examination, issue a writ of venire facias to the sheriff of the county, commanding him to summon twelve good and lawful men, being freeholders of the county, residing as near as may be to the place where the fact is alledged to have been committed, to come before the district court on the first day of its next session, and return a pannel of their names; which freeholders, or so many of them as shall appear, not being challenged, together with so many other good and lawful freeholders of the by-standers as will make up the number twelve, shall be a lawful jury for the trial of such prisoner. | |
| LXVI. Every venire man summoned and attending the district court, shall have the same allowance for travelling and attendance as is herein before provided for witnesses, to be paid by the public. | |
| LXVII. If any person summoned as a venire man shall fail to attend accordingly, not having a reasonable excuse, to be made at the time he should have appeared, or at the next district court, they may fine every such person, not exceeding forty shillings, or four hundred pounds of tobacco, for the use of the commonwealth. | |
| LXVIII. If a prisoner shall desire any witnesses to be summoned for him or her to appear either at the examining court, or on the trial at the district court, the clerk of the said court, or of the county court as the case may be, shall issue subpœnas for such witnesses, who being summoned and attending, shall have the like allowance for travelling and attendance, and be subject to the same penalty for failing to attend, as is provided for witneses in civil causes. | |
| LXIX. The keeper of the district jail by order of any two justices of his county, may impress guards for the safe keeping of all prisoners in his custody, to be paid by the public. | |
| LXX. The fee to the sheriff of the county and to the district jailor for keeping and dieting any such prisoner, shall be one shilling per day, and no more. | |
| LXXI. Where the prisoner shall be convicted, and hath estate sufficient to pay the charges of prosecution, the whole shall be paid out of such estate, and the public only made chargeable where there is no such estate, or not sufficient to be found. |
| LXXII. The sheriff for the time being of the county, in which the district court is held, shall before every meeting of the district court, summon twenty four free-holders of this commonwealth, qualified as the laws require, for grand jurors, to appear at the succeeding district court on the first day thereof, which the said sheriff is hereby empowered to do, as well without his county as within the same; and the said twenty four men, or any sixteen of them, shall be a grand jury, and shall enquire of, and present, all treasons, murders, felonies, or other misdemeanors whatever, which shall have been committed or done within this commonwealth; and upon any indictment for a capital offence, being found by a grand jury to be true, against any person or persons, the judges shall cause such person or persons to be immediately arraigned and tried by a petit jury, summoned as herein before directed, and he or they being found guilty, pass judgment as the laws direct, and thereupon award execution; and if the prisoner shall be found not guilty, to acquit him or her of the charge. Provided, That in all trials, the defendant shall, on petition, be allowed counsel; and that when sentence of death shall be passed upon any prisoner, there shall be one calender month at least between the judgment and execution. | |
| LXXIII. No grand jury shall make any presentment of their own knowledge, upon information of fewer than two of their own body, nor where the penalty inflicted by law is less than twenty shillings, or two hundred pounds of tobacco. | |
| LXXIV. Every person summoned to appear on a grand jury, and failing to attend, not having a reasonable excuse, shall be fined by the court, not exceeding four hundred pounds of tobacco, to the use of the commonwealth. | |
| LXXV. Upon presentation made by the grand jury of an offence not capital, the court shall order the clerk to issue a summons, or other proper process, against the person or persons presented, to appear and answer such presentment at the next court; and thereupon hear and determine the same according to law. | |
| LXXVI. The clerk of the district court shall, in a book by him kept for that purpose, enter the names of all the venire men and witnesses who attend for the trial of criminals at such court, the number of days |
| each shall attend, the ferries they shall have crossed, and the distances they shall have travelled on that occasion, and shall give certificates for the same, which shall be paid in the manner directed by law. | |
| LXXVII. The keeper of the district jail shall constantly attend the said court, and execute the command of the court from time to time, and take or receive into his custody all persons by the court to him committed on original or mesne process, or in execution of any civil suit, or for any contempt of the court, and him or them safely keep, until thence discharged by due course of law; and may demand and receive of every such prisoner the legal fees for diet and care; but where such prisoner is so poor as not to be able to subsist him or herself in prison, the jailor shall be allowed by the public one shilling per day for the maintenance of every such poor prisoner ; and no security shall be demanded of him or her, nor shall he or she be detained for such prison-fees. | |
| LXXVIII. And the jailor, during his continuance in office, shall be exempted from serving in the militia and on juries, and shall have such allowance over and above the fees, as by the general assembly shall be thought reasonable. | |
| LXXIX. The court may adjourn any matter of law to the court of appeals, or any party thinking himself aggrieved by the judgment of the district court, may appeal thereupon as of right, or obtain a writ of error thereto from the court of appeals, not of right, but at the discretion of the court. | |
| LXXX. Bonds shall be required according to the act constituting the court of appeals, except when it may be just to dispense with the same. | |
| LXXXI. Bond and sufficient security given by any party, where there are several obtaining the writ of error or appeal, shall be sufficient. | |
| LXXXII. On an adjournment of a question or writ of error, the same proceedings shall be had as in cases heretofore going from the general court. | |
| LXXXIII. The sheriff of the county in which the court sits shall be an officer thereof, and as such perform the duties now performed by the sheriff of Henrico in and concerning the general court. | |
| LXXXIV. The court may appoint a cryer, who shall hold his office during good behaviour, and be |
| entitled to a reasonable allowance for his services, per diem, to be certified by the said court to the auditor for his warrant of payment. | |
| LXXXV. The clerk's fees shall be the same with those in the county courts for similar services, and for all other services the same as those of the clerk of the general court, and shall be collected and accounted for in the same manner, and under the same penalties, as those of the clerk of the general court now are. | |
| LXXXVI. When any cause shall be finally determined, the clerk of the district court shall enter all the pleadings and papers filed as evidence therein, and the judgment thereupon, so as to make a complete record thereof; and those wherein the title of lands is determined, shall be entered in a separate book to be kept for that purpose. | |
| LXXXVII. For preventing errors in entering up the judgments of said courts, 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 as are necessary being made therein, they shall be signed by the presiding judge, and carefully preserved among the records. | |
| LXXXVIII. On the last day of each court, the proceedings therein shall be drawn up, read, corrected, signed, and preserved as aforesaid. | |
| LXXXIX. The attorney general shall provide deputies, to be approved by the executive, to act in those courts which he may not himself attend. | |
| XC. No writ of error or supersedeas shall be granted in any case, until a final judgment shall be given in the county or other inferior court | |
| XCI. The party praying a writ of supersedeas, shall petition the district court for the same, pointing out the error he means to assign in the proceedings, and procure some attorney practising in the district court, to certify that, in his opinion, there is sufficient matter of error for reversing the judgment; whereupon the court in their session, or any two judges of the court of appeals in vacation, may order such writ to be issued, or reject the petition, as to them shall seem just; but no supersedeas shall be issued in any case, except such, as in respect to its value or nature, would have admitted of an appeal. |
| XCII. Where any person or persons, body politic or corporate, shall think themselves aggrieved by the judgment or sentence of any county court, or court of hustings, in any action, suit or contest whatever, where the debt or damages, or other thing recovered or claimed in such suit, exclusive of the costs, shall be of the value of ten pounds, or two thousand pounds of tobacco, or where the title or bounds of land shall be drawn in question, or the contest shall be concerning mills, roads, the probate of wills, or certificates for obtaining administration, such person or persons, body politic or corporate, may enter an appeal from such judgment or sentence to the first day of the next court of the district in which such county is. | |
| XCIII. Where the defendant in any personal action appeals, if the judgment be affirmed, the damages, besides costs, shall be ten per centum per annum upon the principal sum and costs recovered in the inferior court, in satisfaction of all damages or interest. | |
| XCIV. In real or mixed actions the damages shall be ten pounds, or two thousand pounds of tobacco, besides costs; and where the plaintiff appeals in any action, if the judgment be affirmed, and in all controversies about mills, roads, probate of wills or certificates for administration, if the sentence of the inferior court be affirmed, the party appealing shall pay to the other all costs. | |
| XCV. Writs of error shall not be sued out of the district courts to judgments of inferior courts, but with leave of the court, upon motion of the party desiring the same, and ten days previous notice thereof given in writing to the adverse party. | |
| XCVI. Before the issuing of a writ of error or supersedeas, the party praying the same shall enter into bond, with sufficient security, in a penalty to be fixed by the discretion of the court, with condition to satisfy and pay the amount of the recovery in the county or other inferior court, and all costs and damages awarded by the district court, in case the judgment or sentence be affirmed. | |
| XCVII. If upon hearing any writ of error or supersedeas, the judgment of the inferior court be reversed, the district court shall enter such judgment thereupon as ought to have been entered in the inferior court. |
| XCVIII. If any person or persons shall desire to remove any suit depending in any inferior court into the district court, provided the same be originally cognizable therein, a certiorari for such removal may be granted by the district court, for good cause shewn upon motion, and ten days notice thereof given in writing to the adverse party; or in vacation, the party desiring such writ shall, by petition to the judges of the high court of appeals, set forth his or her reasons, and make oath before a magistrate to the truth of the allegations of such petition; whereupon any two judges of the said court may, under their hands, order the certiorari to issue, and direct the penalty of the bond to be taken previous thereto, or may reject such petition, as to them shall seem just; provided, that ten days previous notice of the time and place of applying for such writ be given in writing to the adverse party; upon which order of the judges, the clerk shall issue the certiorari. | |
| XCIX. Bonds to be given in court for writs of error, supersedeas, certiorari, or any other cause, shall be valid and sufficient, if given by a responsible person, and security, although the party interested in the event of the suit be not an obligor. | |
| C. On writs of scire facias, for renewal of judgments, no judgment shall be rendered on the return of two nihils, unless the defendant reside in the district, or unless he be absent from the commonwealth, and have no known attorney within the same. Provided, That the party shall enter into bond with sufficient security, in the penalty so directed, with condition for satisfying all money or tobacco, and costs, which shall be recovered against the party in such suit; but if any suit so removed by writ of certiorari shall be remanded to the inferior court by writ of procedendo or otherwise, such cause shall not afterwards be removed to the district court before judgment shall be given therein in the inferior court. | |
| CI. The clerk of the district courts shall be carefully preserve all such petitions for writs of certiorari, with the affidavits thereto, in the office; and if any person in such affidavit shall make a false oath, and be thereof convicted, upon a prosecution commenced within twelve months after the offence committed, such offender |
| shall suffer the pains and penalties directed for wilful and corrupt perjury. | |
| CII. No supersedeas or writ of error shall be granted to any judgment in the district or county, or other inferior court, after the expiration of twelve months from and after the date thereof. | |
| CIII. Writs of habeas corpus may be granted without a seal, pursuing in other respects the act, intituled "An act directing the mode of suing out and prosecuting writs of habeas corpus." | |
| CIV. The sessions of the high court of appeals shall in future commence on the twenty ninth day of October, in every year; or when either of those days may happen to be Sunday, then on the Monday following, and use the same jurisdiction over the district courts as it has heretofore exercised over the general court, and shall moreover establish rules of practice to be observed at the district courts, provided the same be in support of, and not contrary to this act. | |
| CV. The sessions of the high court of chancery shall hereafter commence on the thirteenth day of June, and on the thirteenth day of December, in every year; or when either of those days may happen to be Sunday, then on the Monday following. | |
| CVI. The sessions of the general court shall hereafter commence on the twenty-fourth day of May, and on the twenty-fourth day of October in every year; and when either of those days may happen to be Sunday, then on the Monday following, and shall sit six juridical days successively each time, unless the business depending before them be sooner dispatched. | |
| CVII. And that henceforth all executions, or other process issuing from the general court, shall be made returnable to the first day of the said court : and that writs of scire facias may issue from and be tried in the said general court on all judgments which heretofore have been or hereafter may be obtained therein; and may enter up judgments against any sheriff, deputy sheriff, or coroner, for all monies received by them upon any execution issued, or which may issue from the said court, and to award execution upon all replevy bonds, or bonds taken to see goods forth coming upon any execution which has issued or may hereafter issue |
| from the said court; any thing in this act to the contrary notwithstanding. | |
| CVIII. The said court, while in session, is hereby authorized and required, without fee or reward, to examine into the fitness and capacity of such as may apply for license to practice law in the superior or inferior courts of this commonwealth; and without the approbation of the said court, no person, who is not licensed at the passing of this act, shall be admitted to practice; the judges shall be governed in the examination by the rules prescribed by an act, intituled "An act regulating the practice of attornies." | |
| CIX. But the said court shall exercise no power, jurisdiction or authority, which by this act is given to the district courts or its judges; any law to the contrary notwithstanding. | |
| CX. The judges of the district courts shall have authority to superintend and regulate the jails of the counties where their sessions are to be holden, in the same manner that the general court might heretofore regulate and superintend the public jail. | |
| CXI. The jailor in the said counties shall also be equally amenable to the judges of the district court as the keeper of the public jail has been to the judges of the general court; and the several counties in which the district courts are established, shall defray all necessary expences of erecting, repairing, and keeping in repair proper jails and court houses. | |
| CXII. All the penalties hereby inflicted, and not otherwise appropriated, shall be, one moiety to the use of the commonwealth, and disposed of as the general assembly shall direct, and the other moiety to the informer, and be recovered by action of debt or information in any court of record where the same is cognizable; and where fines shall be laid by the district court on any person or persons for not attending as jurymen, the clerks shall annually before the last day of January, transmit to the sheriff of each county a list of all such fines, and all others imposed, to the use of the commonwealth, by the district courts, on persons residing in the county; and such sheriff shall collect and levy the same in like manner as is provided for county levies, and account for and pay the money, deducting five per centum for commission, and also insolvents, to the treasurer of this commonwealth, on or |
| before the first day of September, or the solicitor may recover the same with costs, by motion in the district court, on ten days previous notice given in writing of such motion: And the clerks of the district courts shall deliver copies of all lists so sent to the sheriffs to account. | |
| CXIII. Replevin bonds may be given by a responsible person, and a security in the clerk's office, or to the sheriff before seizure; in the former of which cases the clerk shall take a fee of five shillings only, in the latter the sheriff shall take a fee of five shillings only. | |
| CXIV. The causes depending in the general court on the first day of January, in the year one thousand seven hundred and eighty-nine, shall be arranged, by the clerk thereof, according to the districts herein described, taking for his rule the county in which the original or other writ may have been executed, or from which judgment shall have been removed, and with the papers therein delivered by him to the clerks of the different districts hereby established, together with a state of the costs which may have accrued in each suit to the time of such delivery. And the counsel then retained in such suits shall be answerable for the prosecution and defence of the same, as the case may be. | |
| CXV. All laws whatsoever contrary to the purview hereof, and especially those vesting the general court with powers similar to those now given to the district courts, shall be, and the same are hereby repealed. | |
| CXVI. This act shall take effect and be in force from and after the first day of July, in the year of our lord one thousand seven hundred and eighty-eight, and not before. |
| Pages 497-528
| Pages 558-582
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