Pages 402-422
|  Pages 449-478
|
| Pages 402-422
| Pages 449-478
|
| CHAP. XIII. | ||
| ||
| (Passed December the 13th, 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That the general court of this Commonwealth shall consist of ten judges, to be chosen and commissioned in the manner directed by the constitution of the Commonwealth. Any three of the said judges shall constitute a court, except in cases of impeachment, on which occasion a majority of the whole number shall be necessary. The said court shall be holden at the Capitol in the city of Richmond, or at such other place as shall be appointed by the General Assembly, or in their recess, by the governor, | General court to consist of ten judges; how chosen and
commissioned. Where to be held. |
| with the advice of the council of state, on any such emergency as will make the adjournment lawful. The said court shall be holden twice in every year, namely, on the ninth day of June and the ninth day of November, or if either of those days shall be Sunday, then on the succeeding day, and shall continue their session for sixteen juridical days at each term, unless the business before them be sooner dispatched. If a sufficient number of judges should not attend on the first day of any term, or on any other day during the term, anyone of the said judges may adjourn the court from day to day, for six days successively, and if a sufficient number should not be then able to attend, all suits depending in such court, shall stand continued over to the next succeeding term. Every person so commissioned before he enters upon the duties of his office, shall take and subscribe the oath of fidelity to the Commonwealth, and take the following oath of office, to wit: "You will swear that well and truly you will serve this Commonwealth in the office of a judge of the general court, and that you will do equal right to all manner of people, great and small, high and low, rich and poor, according to law, without respect of persons. You shall not take by yourself, or by any other, privily or openly, any gift, fee, or reward, of gold, silver, or any other thing, directly, or indirectly, of any person or persons, great or small, for any matter done or to be done, by virtue of your office, except such fees or salary as shall be by law appointed. You shall not maintain by yourself, or other, privily or openly, any plea or quarrel depending in the courts of this commonwealth. You shall not deny or delay any person of common right, for the letters or request of any person, nor for any other cause; and if any letter or request come to you contrary to the law, you shall nothing do for such letter or request, but you shall proceed to do the law, any such letter or request notwithstanding; and finally, 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, favor, affection or partiality. So help you GOD." Which oaths may be taken before the executive, any court of record, or a justice of the peace, and a certificate thereof being obtained, shall enable such judge to do all the duties of his office, and such certificate shall be recorded | Terms, 9th of June and Nov. and sit 16 juri days. Regulations respecting adjournment. Oaths to be taken by the judges. By whom to be administered. |
| in the general court, or district court, where such judge shall first sit. If any person shall presume to sit in court or execute the said office, without having taken the said oaths, he shall for such offence forfeit the sum of fifteen hundred dollars. | Penalty for acting without taking the oaths. |
| SECT. 2. The said court shall appoint a clerk, one or more assistant clerks, if necessary, a crier and tipstaff, the first removable for misbehaviour in the manner directed by the constitution, the others at pleasure; who shall be entitled to such fees or salaries as shall be established by law. And the sheriff, or so many of the under sheriffs as shall be thought necessary, of the county where such court may be held, shall attend the said court during their sessions. | Officers to be appointed by the court. Sheriff of the county in which the court sits to attend. |
| SECT. 3. The jurisdiction of the said court shall be general over all causes, matters and things at common law, as well criminal as civil, except in such cases, as by the constitution of the United States of America, or of this Commonwealth, or any statute made by the Congress of the said United States, or the General Assembly of this Commonwealth, are or shall be vested in any other tribunal; in any of which cases the jurisdiction of the general court shall cease, unless concurrent jurisdiction be thereto expressly given by this act, or some other statute. The said court shall have jurisdiction in all causes, matters and things therein depending at the commencement of this act; and no discontinuance shall take place in any case whatsoever, by reason of the passing of this act. The said court shall continue to have jurisdiction, in all cases, suits and motions against public debtors and public defaulters of every denomination, for and in behalf of the Commonwealth. If the judge of the high court of chancery shall be interested in any matter, which in the case of any other person would have been proper for the jurisdiction of such court, it shall be lawful to institute such suit in the general court, where proceedings shall be had conformably to the principles and usages of equity; and process shall be returnable as the general court shall direct; and thereafter an appeal may be had to the court of appeals. Writs of scire facias may be issued from, and be tried in the general court upon all judgments which have been or shall be obtained therein; the said court may fine sheriffs, deputy sheriffs, or coroners, for not returning executions issued, or to be issued from the said court, and enter up judgments against the said officers, | Jurisdiction of the court. |
| for all money or tobacco, for which they have made or shall make themselves respectively liable by law upon such executions; may award execution upon replevy bonds, or bonds to have goods forth-coming at the day of sale; may quash executions if illegally or improvidently issued or executed, and award new ones; and finally, may exercise full jurisdiction in every other legal mode necessary for carrying into complete execution, all judgments heretofore given, or hereafter to be given in the said court; any law to the contrary, or seeming to the contrary, notwithstanding. The said court shall have power to hear and determine upon all errors in matters of fact, that shall or may have happened in the proceedings depending in the said court. | |
| SECT. 4. The said courts shall have power to
issue writs of mandamus to the district courts.
SECT. 5. The said court shall likewise have jurisdiction to hear and determine motions against the delinquent subscribers of the Patowmac and James river companies, and for securities against their principals; and for sheriffs against their deputies and securities, or either of them. |
May award writs of mandamus to the district courts. Further description of jurisdiction. |
| SECT. 6. For good cause shewn, the general court may direct the trial of any cause, depending before a district court, to be had by a jury at their own bar, for which purpose the sheriff, or any other officer attending them, shall summon a jury qualified as the law now directs in cases of juries in the general court; or may cause a suit depending in one district to be tried in another. | May for good cause direct any suit in a district court to be tried at their own bar or in another district. |
| SECT. 7. Unless good cause be shewn to the contrary, the general court shall direct a suit depending before a district court, in which a judge of the general court is a party, to be removed to be tried at the bar of the general court. | Suits in which judges are parties, to be removed to the general court. |
| SECT. 8. The general court shall have jurisdiction and authority to hear and determine all causes, matters, suits, and controversies testamentary, which shall be brought before the same, and to examine and take the proofs of wills, and to hear and determine the right of administration of the estates of persons dying intestate, and to do all other things concerning wills and administrations, according to law. | Jurisdiction relative to wills, administrations, &c. |
| SECT. 9. The said court shall have power and authority to receive probat of all deeds whatsoever, concerning lands in any part of this Commonwealth, to issue commissions for the privy examination of any feme covert and to admit the same to record, as also to receive proof of | Deed partly proved, may be either fully proved therein or delivered to the parties |
| any other deed or instrument of writing whatsoever, and to admit the same to record therein, if they shall be of opinion that the same is proper to be done. a deed for lands now or at any time hereafter partly proved in the general court, may either be fully proved there, or shall be delivered by the clerk thereof to any person authorised to demand the same, with an endorsement of the proof made, and it may be fully proved and recorded in court of the district or county in which the lands lie. | to be fully proved in the district or county courts. |
| SECT. 10. If a question of law in any criminal case be adjourned to the general court by any district court, the same may be therein agreed and determined, although such criminal be present. | |
| SECT. 11. On the adjournment of any question of law in any civil suit, the said court shall hear, determine and certify such their determination on the same, to the court from whence the question was adjourned; but no costs shall be incurred on any adjourned question. | |
| SECT. 12. All original process to bring any person or persons to answer in any action or suit, information, bill or plaint, in the said court, and all subsequent process thereon, all attachments or other suits of what nature soever awarded by the said court, shall be issued and signed by the clerk of the said court in the name of the Commonwealth, shall bear teste by the clerk, and be returnable on the first day of the next succeeding court, except subpœnas for witnesses; and all such process may be executed at any time before the return day, except in such cases wherein it is otherwise directed by law. | |
| SECT. 13. The appearance day to all writs and process awarded by the said court, shall be according to the direction thereof. | The court to direct the appearance day. |
| SECT. 14. The sheriff for the time being of the county in which the general court shall be held, shall before every meeting of the general court, summon twenty-four freeholders of this Commonwealth, qualified as the law directs, for grand jurors, to appear at the succeeding general court on the first day thereof, which the 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, who shall be sworn to enquire of and present all offences against the Commonwealth, which are cognizable in the said court. And if an indictment shall be found or presentment made of any such offence, the like proceedings shall be thereupon | Grand jury to be summoned. Proceedings on indictments, presentments, &c. |
| had to bring the party accused before the court, as on indictments and presentments in the district courts, having regard to the nature of the offence. | ||
| SECT. 15. The rules and proceedings in the general court, in all cases, not otherwise specially directed, shall be the same as in the district courts in similar cases, and the said court shall have the same power of awarding and refusing costs, as the district courts have in like cases. | ||
| SECT. 16. The keeper of the public jail, shall constantly attend the general court and execute the commands of the court. | Keeper of the public jail to attend the court. | |
| SECT. 17. The clerk of the general court shall annually before the last day of January, transmit to the sheriff of each county within this Commonwealth, a list of all fines imposed by the said court in the year next preceding, to the use of the Commonwealth, on persons residing in such county, and the sheriffs shall respectively proceed to collect, levy, account for, and pay the same in like manner, and subject to the same remedy and proceedings against them for default as is or shall be directed in case of public taxes, being allowed in their accounts for insolvents, and five per centum commissions; and the said clerk shall transmit copies of such lists to the auditor, to enable him to call the sheriffs to account. | The clerk to transmit lists of fines imposed by the court to the sheriffs. | |
| SECT. 18. All and every act, clause and parts of acts, within the purview of this act shall be, and are hereby repealed. | Former acts repealed. | |
| SECT. 19. This act shall commence in force, from and after the passing thereof. | ||
 CHAP. XIV. | ||
| ||
| (Passed December the 12th, 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That this Commonwealth shall be divided into districts, and a superior court holden in each, in the manner, and at the times and places herein-after mentioned; that is to | The Commonwealth divided into districts, and a superior court to |
| say: −− The counties of Henrico, Hanover, Chesterfield, Goochland and Powhatan, shall compose one district and a court shall be holden for the same at the Capitol in the city of Richmond, on the first day of April and the first day of September in every year; the counties of James City, Charles City, New-Kent, Surry, Gloucester, Mathews, York, Warwick and Elizabeth City, shall compose another district, and a court shall be holden for the same at the city of Williamsburg, in the former Capitol, on the twenty-ninth day of April, and the twenty-ninth day of September, in every year; the counties of Richmond, Westmoreland, Lancaster and Northumberland, shall compose another district, and a court shall be holden for the same at Northumberland courthouse, on the first day of April, and first day of September in every year; the counties of Essex, Middlesex, King and Queen and King William, shall compose another district, and a court shall be holden for the same at King and Queen courthouse, on the fifteenth day of April, and fifteenth day of September in every year; the counties of Spottsylvania, Carolina, King George, Stafford, Orange and Culpeper, shall compose another district, and a court shall be holden for the same at Fredericksburg, on the twenty-ninth day of April, and the twenty-ninth day of September in every year; the counties of Frederick, Berkeley, Hampshire, Hardy and Shenandoah, shall compose another district, and a court shall be holden for the same at Winchester, on the fifteenth day of April, and the first day of September in every year; the counties of Augusta, Bath, Rockbridge, Rockingham and Pendleton, shall compose another district, and a court shall be holden for the same at Staunton, on the first day of April and the first day of September in every year; the counties of Albemarle, Louisa, Fluvanna and Amherst, shall compose another district, and a court shall be holden for the same Charlottesville, on the fifteenth day of April, and the fifteenth day of September in every year; the counties of Fairfax, Fauquier, Loudoun, and Prince William, shall compose another district, and a court shall be holden for the same at Dumfries, on the twelfth day of May, and the twelfth day of October in every year; the counties of Harrison, Monongalia, Ohio and Randolph, shall compose another district, and a court shall be holden for the same at Monongalia courthouse, on the | be held in each, at certain places and on certain days. |
| third day of May, and the twentieth day of September in every year; the counties of Washington, Russell and Wythe, shall compose another district, and a court shall be holden for the same at Washington courthouse, on the second day of May, and the second day of October in every year; the counties of Norfolk, Isle of Wight, Princess Anne, Nansemond and Southampton, shall compose another district, and a court shall be holden for the same at Suffolk, on the twelfth day of May, and the twelfth day of October in every year; the counties of Prince George, Sussex, Dinwiddie, Nottoway and Amelia, shall compose another district, and a court shall be holden for the same at Petersburg, on the fifteenth day of April, and the fifteenth day of September in every year; the counties of Brunswick, Greensville, Lunenburg and Mecklenburg, shall compose another district, and a court shall be holden for the same at Brunswick courthouse, on the twenty-ninth day of April, and the twenty-ninth day of September in every year; the counties of Prince Edward, Buckingham, Charlotte, Halifax and Cumberland, shall compose another district, and a court shall be holden for the same at Prince Edward courthouse, on the first day of April, and the first day of September in every year; the counties of Bedford, Campbell, Franklin, Pittsylvania, Patrick and Henry, shall compose another district, and a court shall be holden for the same at New-London, in the late courthouse of Bedford county, now belonging to James and John Calaway, who have agreed to put the same in repair at their own expense, for the use of the district court, so to be holden in New-London, on the fifteenth day of April, and the fifteenth day of September in every year; the counties of Accomack and Northampton shall compose another district, and a court shall be holden for the same at Accomack courthouse, on the fourteenth day of May, and the fourteenth day of October in every year; the counties of Greenbrier, Botetourt, Montgomery and Kanawha, shall compose another district, and a court shall be holden for the same at Lewisburg in Greenbrier, and Botetourt courthouse, alternately, on the eighteenth day of May, and the eighteenth day of October in every year, until the proprietor of the Sweet Springs shall erect a sufficient courthouse and prison for the purpose of this act, after which time the Sweet Springs shall become the seat of the district |
| court. And if any of the said several days be Sunday, the courts shall in that case respectively begin on the succeeding day. Each court shall sit, if business require it, twelve days successively, Sundays exclusive (unless such sitting shall interfere with some other district court in that same circuit) and no longer, and shall be a court of record. | Length of the sessions. |
| SECT. 2. Those counties which shall hereafter be made, shall if taken from one county, or from two or more counties lying in the same district, remain in the district to which they formerly belonged; and if taken from two or more counties lying in different districts, the counties so to be made, shall be annexed (unless it be otherwise declared by the legislature) to such of the districts in which the old counties lie, as shall be approved by the executive, subject to the revision of the General Assembly. | Counties hereafter made, to what districts to be annexed. |
| SECT. 3. It shall be the duty of two of the judges of the general court to attend each district court at their respective terms; and the said two judges shall constitute a court for such district. In case of a temporary appointment of a judge made by the executive, such judge shall take the place of him in whose stead he was appointed: Provided nevertheless, that if any one of the said judges shall not attend the court, to which he shall be so allotted, in such case the other judge shall constitute a court, under the restrictions herein-after mentioned. | Two of the judges of the general court to attend each district court. |
| SECT. 4. Each judge of the general court, besides the oaths required by law to be taken by him as such, shall take another oath as judge of the district courts, in the same form as that prescribed by law for a judge of the general court, changing the words "general court," for "district courts;" which oaths may be taken before the executive, any court of record, or a justice of the peace, and a certificate thereof being obtained, shall enable him to do all the duties of office, and to act as a general conservator of the peace throughout the Commonwealth. Such certificate shall be recorded in the general court, or district court where such judge shall first sit. Any person appointed a judge of the general court may act as a judge of the district courts, without having taken the oaths as a judge of the general court. Any judge who shall sit as a judge of a district court without having | Each judge of the general court to qualify as a judge of the
district courts, And may act as such, without qualifying as a judge of the general court. |
| takes the oaths herein required to be taken by him, shall forfeit the sum of fifteen hundred dollars, to be recovered by action of debt or information in any court of record, one half to the use of the Commonwealth, and the other half to the use of the informer. | Penalty for acting as a judge of the district courts without qualifying as such. |
| SECT. 5. If neither of the judges shall attend on the first day of any district court, such court shall stand adjourned from day to day until a court shall be made, if that shall happen before four of the clock in the afternoon of the sixth day. If a court shall not sit in any term, or shall not continue to sit the whole term, or before the end of the term shall not have heard and determined all matters ready for their decision, all such suits and things depending in court and undecided, shall stand continued to the next succeeding term. If from any cause the court shall not sit on day in a term after it shall have been opened, there shall be no discontinuance; but so soon as the cause is removed, the court shall proceed to business until the end of the term, if the business depending before them be not sooner dispatched. | Regulations respecting adjournment of the courts and continuance of causes when they do not sit or do not finish the business |
| SECT. 6. The jurisdiction of the said courts respectively, shall be over all persons, and in all causes, matters or things at common law, which were cognizable in the general court on the twenty-second day of December, one thousand seven hundred and eighty-eight, and which shall amount to one hundred dollars, or three thousand pounds of tobacco, whether brought before them by original process by habeas corpus, appeal, writ of error, supersedeas, mandamus, certiorari to remove proceedings on a forcible entry or detainer, or for any other purpose or by any legal ways or means whatsoever; except in the cases herein-after mentioned, and such cases as by the constitution of this Commonwealth, or some particular statute heretofore made or hereafter to be made, are or shall be exclusively vested in, or reserved to the general court. They shall also have the same jurisdiction 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, and caveats, as the general court heretofore had by law, allowing the person entering any caveat to return a certified copy thereof, from the register to the district court office, within thirty days from the time of entering the said caveat. And the said courts shall hear and determine | Their jurisdiction. |
| all controversies touching the same. Provided also, that writs of habeas corpus, appeal, error, supersedeas, mandamus and certiorari, and controversies concerning mills, wills, roads, caveats, and letters of administration, shall not be heard or determined by any district court, unless sch 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, or lands for which the caveats have been instituted be within the same, or the wills or letters of administration be cognizable by the court of some county within the said district. Those cases in which the court of admiralty heretofore had jurisdiction by law, and which are not taken away by the constitution of the United States, are hereby transferred to the district courts to be proceeded on as the law requires in the said court of admiralty. | |
| SECT. 7. 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 summon, impannel and return jurors. | Mode of trial. Jurors to be summoned and impannelled. |
| SECT. 8. The court shall hear and determine motions against sheriffs or other officers, and attornies at law for refusing to pay money due to clients, for the directors of the James River and Patowmac companies, and for securities against their principals, or against each other, for contribution in all cases and according to the rules prescribed by law. | Further description of jurisdiction. |
| SECT. 9. The court when a question, new or difficult arises, may adjourn any matter of law to the general court, 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 direction of the court. | New or difficult questions may be adjourned to the general court. |
| SECT. 10. On an adjournment of a question to the general court, or an appeal or writ of error to the court of appeals, the same proceedings shall be had as in cases heretofore going from the general court to the court of appeals, but no costs shall be incurred on any adjourned question. | |
| SECT. 11. Each of the said district courts in term time, or any judge thereof in vacation, shall, and may | The district courts in term time, or any |
| have and exercise the same power of granting injunctions to stay proceedings on any judgment obtained in any of the said district courts, as is now had and exercised by the judge of the high court of chancery in similar cases, and the said district courts may proceed to the dissolution or final hearing of all suits commencing by injunction, under the same rules and regulations as are now prescribed by law for conducting similar suits in the high court of chancery. | judge in vacation may grant injunctions to judgments obtained therein. |
| SECT. 12. Whensoever there shall be a vacancy in the office of clerk of any district court, it shall be lawful for a majority of the judges of the general court to appoint, by commission under their hands and seals. Provided, that when such vacancy shall happen during the session of a district court, or the judges of the general court shall neglect to supply any vacancy until the ensuing session of the district court in which the vacancy shall be, it shall be lawful for the judges attending such district court to appoint a clerk by commission under their hands and seals, which shall be as valid and effectual as if granted by a majority of the judges of the general court. And where the clerk of any district court cannot attend, it may be lawful for the judge or judges of such court, to appoint a clerk pro tempore. | Vacancy in the office of clerk, how to be supplied. When clerks pro tempore may be appointed. |
| SECT. 13. Every person appointed clerk of any district court, having taken the oath for giving assurance of fidelity to the Commonwealth, and the oath required to be taken by clerks of courts, adapting the same to the district court, shall thenceforth be enabled to execute the duties of his office; which oaths may be taken by the clerks respectively, before any court of record in the Commonwealth, and a certificate thereof shall be entered of record in his district, wherein at the first session after his appointment, he shall moreover enter into bond with sufficient security, in the penalty of ten thousand dollars, payable to the governor or chief magistrate, and his successors, with condition for the faithful performance of his duty; which bond may be put in suit for the benefit, and at the costs of any person or persons aggrieved by the non-feisance or misfeisance of the clerk, as often as there shall be occasion, until the whole penalty shall be recovered or levied. | Every clerk to take the oaths of fidelity and of
office. and to enter into bond with security for performance of his duty. |
| SECT. 14. Each clerk shall hold his office during good behaviour, shall be removable on conviction upon an indictment or information, for mis-user or non-user in office, | Tenure of their office. How removable. |
| and shall reside and keep his office at the district courthouse of which he is clerk; but when it is held alternately at different courthouses, then he shall keep his office at either the one or the other courthouse, as he may think best. The clerk's fees shall be the same with those of 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 clerks of the county courts now are. | To reside and keep their offices at the district
courthouses; their fees. |
| SECT. 15. A tax of one dollar shall be, and is hereby imposed on all final judgments in the district courts, which shall be paid by the party obtaining the same, to the clerk of the court, before such judgment shall be entered, and taxed in the bill of costs, and in all other respects the tax on process in the district courts shall be the same and be taxed in the bill of costs in like manner, as is by law directed, and the taxes on appeals from the district courts, and also on attornies practising therein, shall be the same; to be collected, accounted for, and paid by the clerks respectively, in the like manner, and subject to the same mode of proceeding against them for default, as is directed for the like taxes in the county courts. But no tax shall be demanded on the judgments rendered on any appeal, writ of error, supersedeas, special verdict, or case agreed, transferred from the general court to the district courts. | Taxes on judgments, and process. |
| SECT. 16. The district courts to be held as aforesaid, shall have full power to hear and determine all treasons, murders, felonies, and other crimes and misdemeanors, committed within their district, and which shall be brought before them, under the regulations herein-after prescribed; that is to say: In all criminal cases where the charge shall be of such nature as in case of conviction, to subject the party to capital punishment, or burning in the hand, two judges shall be necessary to proceed upon the trial to the issue, whether in law or fact. Provided always, that if only one judge shall attend the said court, and any prisoner shall notwithstanding petition to be brought to trial, in such case, one judge shall constitute a court for such purpose. When two judges shall attend, all questions arising in criminal cases, and submitted to the court, in case the court shall be divided, shall be considered as adjudged in favor of the criminal; and if the court shall be divided upon the final judgment or sentence, | Criminal jurisdiction. In what cases two judges shall be necessary to constitute a court. Proviso. When the court is divided in a criminal case, the question to be considered as |
| judgment shall be entered up in favor of the prisoner, and he forthwith discharged. When two judges do not attend, all criminal cases depending in such court, and not tried upon the consent and petition of the prisoner, where the punishment shall be death, or burning in the hand, shall stand continued over to the next court to be holden for that district; and if two judges do not attend at such next court, every prisoner whose cause has been so continued over, shall be bailed as of right, which bail shall be according to the degree of the offence, and the ability of the prisoner. And if such prisoner shall appear on the first day of the next term, and render himself pursuant to his recognizance, and there shall not be a sufficient court to try such prisoner on or before the third day of that court, such prisoner shall be forthwith discharged. Provided always, that any one judge may hear and determine a motion in behalf of the Commonwealth, for giving judgment and awarding execution against any person convicted of a capital offence, where such criminal shall escape between the conviction and the sentence; or against any person attainted of a capital offence, where the day of execution shall have passed, and no pardon or reprieve shall have been granted. A district court may adjourn a question of law in any criminal case, to the general court, with the consent of the criminal, which may be there argued and decided, although such criminal be not present. | adjudged in favor of the criminal. Mode of proceeding in criminal cases when two judges do not attend. Certain cases excepted. Questions of law in criminal cases may be adjourned to the general court. |
| SECT. 17. A public jailor shall be from time to time appointed to each district by the governor and council, who shall give bond and security to the governor and his successors, in the penalty of fifteen hundred dollars, with condition for the faithful performance of the duties of his office, and shall be amenable to the judges of the district court; and the said judges shall have the direction of the district jail, and they are hereby authorised and required, from time to time, to order and direct such allowance to be made for the prisoners confined therein, and to fix what shall be paid to the keeper thereof for his trouble, as the said judges shall think reasonable, and moreover to certify such allowance from time to time to the auditor, who is hereby directed to debit the same, and give a warrant upon the treasurer for the payment thereof, Provided nevertheless, that whenever the jail of a county, is used as a district jail, the keeper of the county jail, and no other, shall act as keeper of the jail of the said district. | A jailor to be appointed in each district. District jails to be subject to the direction of the judges. The judges to make allowances to the jailors. Keepers of county jails, used as district jails, to |
336 <===[typo, should read 436]
| The jailor during his continuance in office, shall be exempted from serving in the militia, and on juries. The keeper of the district jail shall constantly attend the said court, and execute the commands of the said 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 in any civil suit, or for any contempt to the court, and him or them safely keep until thence discharged by due course of law, and may demand of every such prisoner the legal fees for diet and care; but where such prisoner is so poor as not to be able to support him or herself in prison, the jailor shall be allowed by the public, seventeen cents 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. The keeper of the district jail, by order of any two justices of his county, may impress guards for the safekeeping of all prisoners in his custody, to be paid by the public, a like sum and in like manner, as is by law allowed for guards impressed by sheriffs for securing prisoners. The fee to the sheriff of the county and to the district jailor for keeping and directing any such prisoner, shall be seventeen cents per day. | act as keepers of the district jails. District jailors to be exempted from serving in the militia and on juries. Poor prisoners not to be detained for non-payment of prison fees. Guards may be impressed for the district jails. Fees for keeping and dieting prisoners. |
| SECT. 18. Prison rules and bounds shall be assigned by the district courts. | Prison rules to be assigned. |
| SECT. 19. To prevent misconstruction, it is hereby declared, that the sheriff of the county in which any district court shall sit, shall execute all judgments rendered by such court in any criminal case, provided such judgments are by law to be executed in the said county. Every district court may make a reasonable allowance to the sheriff attending the same for his trouble, as well for his services heretofore rendered, as those in future to be by him performed, to be paid as the cryer of the general court; and the auditor of public accounts is hereby required to issue warrants in favor of such persons as have heretofore acted as cryers in the several district courts, agreeable to the certificates of the clerks of the said courts, to be paid in the same manner as the cryer of the general court. | Judgments of the district courts in criminal cases, by whom to
be executed. Allowances to be made to sheriffs attending the courts. |
| SECT. 20. The judges of the court of appeals shall direct the forms of writs, from time to time, in such manner as shall seem adviseable, and until an alteration be | The court of appeals to direct the forms of writs. |
| made therein, the forms shall be as nearly as may be, assimilated to those now used in the general court. | |
| SECT. 21. All writs, summonses, and other legal process, shall be issued by the clerk, bear teste in his name, and be returnable to the next court to be holden for the district, except in the case of subpœnas for witnesses, which may be returnable immediately, if issued in term time, or on any day of the term. | Directions concerning process. |
| SECT. 22. Writs of habeas corpus may be granted by the said courts, pursuing in all respects the act, intituled, " An act directing the mode of suing out and prosecuting writs of habeas corpus." And where any person shall be committed in any civil action to the jail of any country or corporation for any cause or matter cognizable in the district courts, it shall be lawful for the clerk of the court of the district wherein such commitment shall be, and he is hereby required, upon the application of such person, and a certificate of his or her being actually in jail, to issue writ of habeas corpus, cum causa, to remove the body of such prisoner into the district jail, and the cause of his commitment into such district court, if issued in vacation, on the last of the term, if sued out whilst the court is sitting. | Writs of habeas corpus, in what manner to be granted. How to be obtained by any person committed to a county jail in a civil action. |
| SECT. 23. 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, the court shall proceed against such defendant, in the same manner as if he had been taken upon a capias ad respondendum. 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 be issued as in other cases. | Process in suits against the governor, councillors, judges, and sheriffs. |
| SECT. 24. No writ of capias ad respondendum shall be issued against any person in any other district than | No person to be sued |
| that in which he resides, until a non est inventus has been returned in his or her district, upon a capias issued against such defendant in the same suit, and every writ issued contrary thereto, shall be void, and dismissed on the first calling thereof: Provided nevertheless, that where two or more persons are or shall be jointly, or jointly and severally bound for the performance of any contract, or for the payment of money or tobacco, by bond, covenant, or otherwise, it shall be lawful to prosecute such persons jointly, in whatever district either of them may reside, and process shall be issued and served accordingly in any county or district wherein the non-resident defendant or defendants may be found, and where the bond or other writing on which such suits shall be founded, shall be filed in the general court, in a county or other inferior court, in the court of one district, and oyer thereof shall be demanded by the defendant or defendants to a suit in another district, it shall be sufficient for the plaintiffs, in the last mentioned suit, to file a copy of the bond or writing, attested by the clerk of the court, wherein the same is filed, and the defendant or defendants shall be obliged to plead thereto in like manner, as if the original bond or writing was filed, and such copy shall be admitted as evidence on the trial. If however the defendant or defendants shall in such case plead that the original bond or writing is not his or their deed, the clerk of the court having such original paper in his custody, shall on being summoned as a witness attend with the same at the trial to the issue for the inspection of the jury. | out of the district in which he resides until a non est inventus
has ben returned on a capias issued against him in such district. In what cases copies of bonds may be filed and defendants in suits thereon shall plead thereto. |
| SECT. 25. 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, trespass, assault and battery, actions on the case for trover or other wrongs, and all 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 on 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 | In certain suits plaintiff must endorse on the writ the true
species of actions. When the sheriff may take the engagement of an attorney to appear for the defendant. |
| 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. And although no such engagement of an attorney shall be offered to the sheriff, he shall nevertheless be restrained from committing the defendant to prison, or detaining him in his custody for want of appearance bail, but the sheriff in such case shall return the writ executed, and if the defendant shall fail to appear thereto, there shall be the like proceeding against him only, as is herein after directed against defendants and their appearance bail, where such is taken. Provided always, that any judge of the general court in actions of trespass, assault and battery, trover and conversion, and in actions on the case where upon proper affidavit or affirmation, 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 indorsement on the original writ, or subsequent process; and every sheriff shall govern himself accordingly. | Defendant not to be committed for want of bail in certain suits. In certain cases a judge may direct an appearance bail. |
| SECT. 26. In all actions of debt, founded upon any writing obligatory, bill or note in writing, for the payment of money or tobacco, all actions of covenant 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 him taken, and a copy of the bail 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. | Directions to the sheriff where bail is required. When the bail may defend the suit. How bail shall be given in detinue. |
| SECT. 27. And if the sheriff shall not return bail, and the copy of the bail bond, or the bail returned shall be adjudged 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 | Remedy against sheriff neglecting to return sufficient bail. |
| this life, before judgment be confirmed against him, in such case the judgment shall be confirmed against his executors or administrators, or if there shall not be a certificate of probat 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 at their next succeeding term; and in all cases where the bail shall be adjudged 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. | Exceptions to bail, when to be made, and determined. Sheriff's remedy against insufficient. |
| SECT. 28. And every judgment entered in the office against a defendant and bail, or against a defendant and sheriff, shall be set aside, if the defendant at 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. 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. | Office judgments, when set aside. |
| SECT. 29. 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 judgement and costs shall be satisfied, and the surplus, if any, restored to the defendant or defendants when required. | Errors in the office how rectified. Remedy to the bail and sheriff against defendant's estate. |
| SECT. 30. Any judge of the general court, when the district court is not sitting, or any justice of the peace, may take recognizance of special bail in any action therein depending, which shall be transmitted by the person | How special bail may be taken in the country and excepted to. |
| 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 the 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 adjudged insufficient by the court, the recognizance thereof shall be discharged, and such proceedings shall be had, as if no such bail had been taken. | |
| SECT. 31. 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; provided such surrender be made before the appearance day of the first scire facias against the bail returned executed, or of the second returned nihil, but in either case the special bail shall pay the costs of the scire facias, and judgment for the same shall be entered against him accordingly. Upon such surrender, 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 transmitted to the clerk of the court where the suit is or was depending. When such surrender 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 for 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 surrender 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, without suing out a scire facias. | Surrender of principal and proceedings thereupon. |
| SECT. 32. When the sheriff or other proper officer shall return on any original or mesne process, that he hath taken the body of any defendant or 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 the 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 without bail, and where any defendant after appearance entered, shall be confined to 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. | Method of proceeding against a defendant in custody. |
| SECT. 33. Where the sheriff or other proper office 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 ruled 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, unless the plaintiff shall choose in any such case to have a writ of enquiry of damages, 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 until such final judgment be entered, and then be sold in the same manner as goods taken upon a fieri facias, and if the judgement 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. | What further process when a capias is returned "not
found." Proceedings on attachment returned "executed." |
| SECT. 34. If any writ or process shall be executed, and for want of a return thereof to the office from which | Where process is executed |
| it issued, an alias, pluries, attachment, or other process be awarded, the sheriff shall not execute such subsequent process, but shall return the first process by him executed, if it be in his possession, but if it be not in his possession, then he shall return the subsequent process, with an endorsement of the execution of such first process, and the name of the appearance bail, if any was taken, and shall also return a copy of the bail bond, on which there shall be the same proceedings, as if the said first process had been duly returned. | but not returned. |
| SECT. 35. Rules shall be monthly held in the clerk's office of each district court, beginning the day after the rising of such court. The plaintiff shall file his declaration in the clerk's office at the next 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 fails or neglects to do, at the succeeding rule day, or shall at any time fail to prosecute his suit, he shall be non-suited, and pay to the defendant or tenant besides his costs, three dollars, where his place of abode is at the distance of twenty-five miles or under, from the place of holding the said district court, and where there is more, ten cents for every mile above twenty. | Rules to be observed in the prosecution of suits. |
| SECT. 36. 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 for his debt, or damages and costs. | |
| SECT. 37. 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 expire on the succeeding rule day. | |
| SECT. 38. No plea in abatement shall be admitted or received, unless the party offering the same, shall prove the truth thereof, by oath or affirmation, as the case may require. And no plea of non est factum offered by the person charged as the obligor or grantor of a deed, shall be admitted or received, unless the truth thereof shall in like manner be proved by oath or affirmation. | |
| SECT. 39. And where any person other than the obligor shall be defendant, such defendant shall prove by oath or affirmation, that he or she verily believes, that the deed on which the action is founded, is not the deed of the person charged as the obligor or grantor thereof; in which last mentioned case, the plea of non est factum |
| shall not be admitted or received without such oath or affirmation. And where a plea in abatement shall upon argument be adjudged insufficient, the plaintiff shall recover full costs, to the time of over-ruling such plea, a lawyer's fee only excepted. | |
| SECT. 40. 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. | |
| SECT. 41. 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 issue, warning the defendant to appear at a certain day therein named, or that judgment will be rendered against him, which proclamation shall be published at three successive court days, at the door at the courthouse 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. | Proceedings on a pluries returned "not to be found." |
| SECT. 42. All judgments by default for want of an appearance or special bail, or pleas as aforesaid, and non-suits or dismissions obtained in this office, and not set aside on some day of the next succeeding district court, shall be entered by the clerk as of the last day of the term, which judgment shall be final in action of debt, founded on any specialty, bill or note in writing, ascertaining the demand, unless the plaintiff shall choose in any such case to have a writ of enquiry of damages, 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. | Judgments by default, non-suits, &c. when to be
entered. Plaintiff in judgment by default may have a writ of enquiry. |
| SECT. 43. 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. | Rules for docketing causes. |
| SECT. 44. It shall be lawful for the district courts, on giving judgment in any case removed by appeal, writ of error, supersedeas or certiorari, from the inferior courts, either for the appellant, appellee, plaintiff, or defendant, | In what cases the court may award costs. |
| and in any cause originating in the district courts, where the verdict or judgment shall be given for the defendant, to award costs to the party or parties, in whose favor such judgment shall be given; and on all motions it shall be lawful for the said courts to give or refuse costs at their discretion; and in all other causes where the plaintiff shall recover debt or damages, the costs shall be governed by law. | In what to be governed by law. |
| SECT. 45. A certiorari to remove proceedings on a forcible entry or detainer, or for any other purpose, except the removal of a suit from an inferior court, may be granted without notice. | When certiorari's may be granted without notice. |
| SECT. 46. For preventing errors in entering up the judgments of the said courts, the proceedings of every day shall be drawn up 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. On the last day of each court, the proceedings therein shall be drawn up, read, corrected, signed and preserved as aforesaid. | Proceedings to be read and signed. |
| SECT. 47. 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. | Compleat records to be made of causes determined. |
| SECT. 48. On writs of scire facias for renewal of judgments, no judgment shall be rendered on the return of two nihils, unless the defendant resides in the district, or unless he be absent from the Commonwealth, and have no known attorney within the same. But such scire facias may be directed to the sheriff of any county in this Commonwealth, wherein the defendant or his attorney shall reside or be found, which being returned served, the court may proceed to judgment thereon, as if the defendant had resided in the district. | Proceedings on writs of scire facias for renewal of judgments in certain cases. |
| SECT. 49. 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 previous notice thereof, given in writing to the adverse party, or in vacation, the party desiring such | Certiorari how to be obtained. |
| writ, shall by petition to the judges of the general court, set forth is or her reasons, and make oath before a magistrate of the truth of the allegations, of such petition, whereupon any judge of the said court, may, under his hand, order the certiorari to issue, and direct the penalty of the bond, to be taken previous thereto, or may reject such petition, as to him 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. 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 certiorari, shall be remanded to the inferior court, by procedendo or otherwise, such cause shall not afterwards be removed to the district court, before judgment shall be given therein in the inferior court. | Rule respecting suits remanded. |
| SECT. 50. The clerks of the district courts, shall carefully preserve all such petitions for writs of certiorari, with the affidavits thereto, in the office; and if any person in such affidavit, shall wilfully 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. | Punishment of false swearers. |
| SECT. 51. No writ of error or
supersedeas shall be granted in any case, until a final judgment in the county or other
inferior court.
SECT. 52. 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 five years, from and after the date thereof, saving the rights of infants, femes covert, persons non compos, in prison, or beyond seas, until the expiration of two years after the disability ceases. |
No writ of error or supersedeas before final judgment; or after five years from the date thereof; saving the rights of infants, &c. |
| SECT. 53. 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 whatsoever, where the debt or damages, or other thing recovered or claimed in such suit, exclusive of the costs, shall be of the value of one hundred dollars, or three thousand pounds of tobacco or upwards, or where the title or bounds of land shall be drawn in question, or the contest shall be concerning | Appeals to the district courts in certain cases. |
| mills, roads, the probat 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. | |
| SECT. 54. The party praying a writ of supersedeas, shall petition the district court for the same, pointing out the errors he means to assign in the proceedings, and procure some attorney practising in such court respectively, to certify, that in his opinion there is sufficient matter of error for reversing the judgment, whereupon such courts in their session, or any judge of such court respectively in vacation, may order such writ to be issued, or reject the petition, as to them shall seem just. | How supersedeas may be obtained. |
| SECT. 55. Writs of error or supersedeas, may be granted by a district court, or any judge of the general court, to a judgment of a county court, where such judgment shall be of the value of thirty-three dollars and thirty-three cents, or one thousand pounds of tobacco, or upwards. | Writs of error or supersedeas not to be allowed unless judgment amounts to a certain sum. |
| SECT. 56. Before granting any appeal, or the issuing of any 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 court or judge granting the same, with condition to pay the amount of the recovery, and all costs and damages awarded, in case the judgment or sentence be affirmed. Where several appeal, or obtain a writ of error or supersedeas, bond and security given by any party shall be sufficient. | Bond and security to be given on obtaining an appeal, writ of
error, &c. Sufficient, if given by one of several parties. |
| SECT. 57. If upon hearing any writ of error or supersedeas, the judgment of the inferior court be reversed in whole or in part, the district court shall enter such judgment thereupon, as ought to have been entered in the inferior court. | Judgment on reversal. |
| SECT. 58. Bonds to be given in court for obtaining writs of error, supersedeas, certiorari, appeals, 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. | Bonds on appeals, &c. may be given by any responsible person. |
| SECT. 59. Where the defendant in any personal action, appeals, or obtains such writ of error or supersedeas, 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. | Damages upon affirmance. |
| SECT. 60. In real or mixed actions the damages shall be thirty-three dollars and thirty-three cents, 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, probat of wills, or certificates of administration, if the sentence of the inferior court be affirmed, the party appealing shall pay to the other all costs. | |
| SECT. 61. If a record on an appeal, writ of error or supersedeas, be not delivered to the clerk of the district court before or during the second term of such court after the same was granted, the same shall not be received at any time thereafter, unless good cause be shown to the court to the contrary; and after such dismission, no writ of error or supersedeas, shall be allowed. | Rule respecting filing records on appeals. |
| SECT. 62. It shall be the duty of the attorney general to nominate and appoint proper persons to prosecute for the Commonwealth, in such courts as he cannot attend himself. | Attorney General to appoint deputies. |
| SECT. 63. The clerk of each district court shall annually before the last day of January, transmit to the sheriff of each county within the district, a list of all fines imposed by the district court in the year next preceding to the use of the Commonwealth, on persons residing in such county, and the sheriffs shall respectively proceed to collect, levy, account for, and pay the same in like manner, and subject to the same remedy and proceedings against them for default, as is or shall be directed in case of public taxes, being allowed in their accounts for insolvents, and five per centum commissions; and the said clerks shall severally transmit copies of such lists to the auditor, to enable him to call the sheriffs to account. | Lists of fines imposed by the courts to be sent to the
sheriffs; to be collected by them, and copies of such lists to be sent to the auditor. |
| SECT. 64. The said courts shall have jurisdiction respectively in all causes, matters and things in the district courts respectively depending at the commencement of this act, and no discontinuance shall take place in any case whatsoever, civil or criminal, which shall be depending in any district court at the commencement of this act, by reason of the passing thereof, but the same shall be therein tried and determined as if this act had never been made. | Jurisdiction as to causes now pending. |
| SECT. 65. All and every act and acts, clauses and parts of acts, containing any thing within the purview of this act, shall be, and are hereby repealed. | Former acts repealed. |
| SECT. 66. This act shall commence in force on the first day of January, one thousand seven hundred and ninety-three. | Commencement of this act. |
| Pages 402-422
| Pages 449-478
|