Pages 422-449
|  Pages 479-517
|
| Pages 422-449
| Pages 479-517
|
| CHAP. XV. | ||
| ||
| (Passed December the 3d, 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That in every county, city, corporation, and borough within this Commonwealth, in which the power of holding courts hath been heretofore, or shall hereafter be vested by law, a court, to be denominated the court of such county, city, corporation, or borough, respectively, shall hereafter continue to be held by the justices of such counties, and the magistrates of such cities, corporations and boroughs respectively, at the times and places, and in the manner herein-after directed; any four of which justices or magistrates shall constitute a court , except in such cases where a greater number may by any law be directed. | County and corporation courts to be held by the justices
thereof. Any four of them to constitute a court. | |
| SECT. 2. Every person appointed a justice of the peace for any county or corporation, before his entering upon and executing the said office, shall publicly in the courthouse of his county or corporation, and on a court-day, take the oath of fidelity to the Commonwealth, as also the following oaths, to wit: −− "You shall swear that as a justice of the peace, in the county (or corporation) of , in all articles in the commission to you directed, you shall do equal right to the poor and to the rich, to the best of your ability and judgment, and according to law; and you shall not be of counsel of any quarrel hanging before you, and issues, fines, and amercements that shall happen to be made, and all forfeitures which shall fall before you, you shall cause to be entered without any concealment or embezzling; you shall not let, for gift, or other causes, but well and truly you shall do your office to a justice | Justices shall be sworn. Their oath. |
| "of the peace, as well within your county (or corporation) court, as without, and you shall not take any fee, gift, or gratuity, for any thing to be done by virtue of your office; and you shall not direct or cause to be directed, any warrant by you to be made to the parties; but you shall direct them to the sheriff or other officer of the Commonwealth, or other indifferent person, to do execution thereof. So help you GOD." The oath of a justice of the county or corporation courts in chancery: −− "You shall swear that well and truly you will serve the Commonwealth in the office of a justice in the county (or corporation) court of , in chancery, and that you will do equal right to all manner of people, great and small, high and low, rich and poor, according to equity and good conscience, and the laws and usages of the Commonwealth of Virginia, without favor, affection, or partiality. So help you GOD." And if any person whatsoever shall presume to execute the office of a justice of the peace, or magistrate of a county or corporation court, without first qualifying himself in the manner by this act before required, he shall for every such offence, forfeit and pay one thousand dollars, one moiety to the use of the Commonwealth, and the other moiety to the informer; to be recovered by action of debt, in any court of record in this Commonwealth. | Oath of a justice in chancery. Penalty for acting without qualifying. |
| SECT. 3. If the the business of any of the said courts cannot be determined on the court day, the justices may adjourn from day to day not exceeding six days, until all causes and controversies then depending before them, shall be heard and determined, or otherwise continued in the manner herein-after directed. | Courts may be adjourned from day to day for six days. |
| SECT. 4. If a sufficient number of justices should not attend to form a court on the first day of any court, or any subsequent day thereof, it shall and may be lawful for any one justice to adjourn the court from day to day, for the space of three days; and if there shall not be a sufficient number convened at four o'clock in the afternoon of the fourth day, all causes, matters and things therein depending, shall stand continued to the next succeeding court. If from any cause the court shall not sit on any 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 | How may be adjourned when the justices do not attend. |
| dispatched. No discontinuance shall take place in any case by reason of the justices failing to make a court, or to adjourn; but in such cases, all suits, process, matters and things depending, shall stand continued, and all returns and appearances, shall be made to the next succeeding court in course, in the same manner as if such succeeding court had been the same court to which such process stood continued, or such returns or appearances should have been made. And all recognizances, bonds and obligations, for appearance, and all returns, shall be of the same force and validity for the appearance of any person or persons at such succeeding court, as if the next succeeding court had been expressly mentioned therein. And all causes depending upon the docket, and undetermined at any adjournment to the court in course, shall stand continued in the same order to such court, without any fee to the clerk for the continuance of such as shall not then be called over. | Suits not to be discontinued by the justices failing to hold court. |
| SECT. 5. The justices of every such court, or any four of them, as aforesaid, shall and may take cognizance of, and are hereby declared to have power, authority and jurisdiction, to hear and determine all causes whatsoever now depending, or which shall hereafter be brought in any of the said courts, at the common law, or in chancery, within their respective counties and corporations, and all such other matters as by any particular statute, is or shall be made cognizable therein, except such criminal causes where the judgment upon conviction shall be for the loss of life or member, and except the prosecution of causes to outlawry against any person or persons, and except also all causes of less value than five dollars, or two hundred pounds of tobacco, other than prosecutions on any penal law of this Commonwealth; and also such cases as are by law exclusively vested in any other tribunal. | Jurisdiction of the court. Certain causes excepted. |
| SECT. 6. When the cause of action shall not exceed five dollars, or two hundred pounds of tobacco, the same is hereby declared to be cognizable, and finally determined by any one justice of the peace, who may give judgment, and thereupon award execution against the goods and chattels of the debtor, or party against whom such judgment shall be given, which shall be executed and returned, by the sheriff or constable to whom directed, in the same manner, as other writs of fieri facias, | Causes determinable before one justice. But he may not issue execution against |
| are to be executed and returned, but no execution shall be by him granted against the body of the defendant. | the defendant's body. |
| SECT. 7. The said courts shall be held at the several respective places, at present assigned by law for that purpose, or at such place or places, as shall be hereafter lawfully appointed, on the several days for holding courts heretofore in such counties or corporations respectively appointed by law, in the months of March, May, August, and November, in every year, except as herein after excepted, for the trial of all presentments, criminal prosecutions, suits at common law and in chancery, where the sum exceeds twenty dollars, or eight hundred pounds of tobacco, now depending, or which hereafter shall be brought in any of the said courts, and shall continue for the space of six days, unless the business be sooner determined; which sessions of the said courts shall be denominated the quarterly sessions of such courts respectively. Provided always, that in the counties of Montgomery, Washington, Russell, and Wythe, such courts shall be held on the days now by law respectively appointed for holding courts in the months of April, June, September and November; and in the counties of Henry and Cumberland, in the months of February, April, July and October; and in the counties of Norfolk, Princess Anne, Northampton, Nansemond, Stafford, Spotsylvania, Fairfax, Loudoun, Prince William, Berkeley, and Ohio, and in the borough of Norfolk, in the months of March, June, August, and November; and in the county of Pendleton, in the months of April, June, September and December; and in the county of Hampshire, in the months of March, May, September and November in every year; and in the counties of King George and Frederick, in the month of June, annually, instead of the month of May. | Quarterly sessions. |
| SECT. 8. A monthly session of the said courts shall be held in like manner, on the days heretofore by law appointed for holding courts in such counties and corporations respectively, in every month in which there shall not be a quarterly session, for the trial of petitions for small debts, or for trover and conversion, or detention of any thing not exceeding twenty dollars, or eight hundred pounds of tobacco, for proving and recording deeds and wills, and granting certificates of probat and administration, and for the transaction of all business, which by law is or shall be made cognizable in a county or corporation | Monthly sessions. |
| court, except such as has been herein assigned to the court of quarter sessions. Provided nevertheless, that injunctions in chancery may be granted or dissolved, judgments on attachments against absconding debtors, where the property attached shall not be replevied, entered up, and all matters touching the breach of the peace, and good behaviour, motions on replevy bonds, and against sheriffs and other public officers and defaulters, may be heard and determined either at a monthly or quarterly court. | Concurrent jurisdiction of monthly and quarterly courts. |
| SECT. 9. All original process to bring any person or persons to answer in any action or suit, indictment or information in the said courts, and all subsequent process thereon, all process in chancery awarded by the said court, and all other writs of what nature soever, shall be issued and bear teste by the clerk of such courts respectively, and made returnable to the first day of the next succeeding quarterly term; except subpœnas of injunction, attachments, petitions, and subpœnas for witnesses, which shall be returnable to the next succeeding court, be the same monthly or quarterly, as the case may require. | Method of issuing and returning process. |
| SECT. 10. Special bail may be taken in court at the quarterly sessions, or at the monthly courts. | Special bail, when it may be taken in court. |
| SECT. 11. The county and corporation courts, at their quarterly sessions, shall have similar jurisdiction with the high court of chancery, and shall proceed in the same manner against the estate and effects of persons residing out of this state, or absconding to avoid being served with the process of the said court; and may hear and determine all caveats against grants for lands lying within the jurisdiction of the said courts respectively. | Proceedings against absent defendants, as in the high court of
chancery. May hear and determine caveats against grants for land. |
| SECT. 12. All writs of execution upon judgments obtained in the quarterly or monthly courts, and all executions and other process to enforce any decree in chancery, obtained in either of the said courts, may be made returnable to the first day of a quarterly or monthly court, provided there be not less than fifteen, nor more than ninety days between the teste and return of such execution or process. | Executions when returnable. |
| SECT. 13. From time to time, forever hereafter, the court of every county and corporation within this Commonwealth, shall cause to be erected and kept in repair, (or where the same shall be already built, shall maintain and keep in good repair) within each respective county and corporation, and at the charge of such county or corporation, one good and convenient courthouse of stone, | Courthouses and other public buildings shall be erected and kept in repair. |
| brick, or timber, and one common jail and county prison, well secured with iron bars, bolts, and locks, and also one pillory, whipping-post and stocks; and where land shall not be already provided and appropriated for that purpose, such court may purchase two acres, whereon to erect the said public buildings, for the use of their county or corporation, and for no other use whatsoever. And to every courthouse, already built and established, two acres of the land, built upon and adjacent thereto, not having any house, orchard, or other immediate convenience thereon, shall be and remain appropriated to such court-house, and the fee simple thereof, is hereby declared to be in the court of the same county, and there successors, to the use of such county as aforesaid; but where a court-house is already built in any city or town, the land now laid off for the same, and the other public buildings shall be judged and held to be sufficient. And if the justices of any county or corporation court, shall at any time hereafter fail to keep and maintain a good and sufficient prison, pillory and stocks, every member of the court, so failing, shall forfeit and pay ten dollars, one moiety to the Commonwealth, the other moiety to the informer; to be recovered with costs, by action of debt or information, in any court of record of this Commonwealth. And moreover, the court so failing, shall be liable to the action of the sheriff from time to time, for all damages recovered against him, upon any escape for want of a sufficient prison; and such sheriff or his executors, or administrators, shall and may sue for the same by action of debt or information, brought in the general court against the justices so failing, or the survivors of them, and upon recovery in such suit, the judges of the said court, are hereby empowered and required to proportion how much every particular justice of the court so failing, who shall be then living, and the executors or administrators of such as shall be deceased, shall pay respectively, and to enter up judgment accordingly, whereupon one or more executions shall and may be issued. | Penalty for failing to keep a sufficient prison, &c. |
| SECT. 14. All persons taking on civil or criminal process in the county of James City, may be committed to the public jail in the city of Williamsburg, in like manner as if the same was within the limits of the said county; and the city of Williamsburg shall have a right to use the public jail therein, as the jail of the said city, and | Public jail in Williamsburg to be used as the jail thereof, and of James City county. |
| the district jailor therein shall act as keeper of the jail of the said city. | |
| SECT. 15. The justices of every county and corporation, shall be, and they are hereby empowered and required, to mark and lay out the bounds and rules of their respective county and corporation prisons, not exceeding ten acres of land, adjoining to such prison, which marks and bounds shall be recorded, and renewed from time to time, as occasion shall require; and every prisoner not committed for treason or felony, giving good security to keep within the said rules, shall have liberty to walk therein, out of the prison for the preservation of his or her health, and keeping continually within the said bounds, shall be adjudged in law a true prisoner. | Prison rules to be assigned. |
| SECT. 16. And if the court of any county or corporation, shall at any time think fit, they are hereby authorised and empowered, at the charge of their county or corporation, to cause a ducking-stool to be built in such convenient place as they shall direct. | Ducking-stool may be provided. |
| SECT. 17. All process issuing from such courts to bring any person to answer in any suit in such courts, shall be executed three days at least before the day therein mentioned for the return thereof; and if any process shall be delivered to the sheriff or officer so late that he cannot execute the same three days before the return day, such process shall not be executed, but he officer shall return the truth of the case. And if any original process be taken out within three days before the next court day, such process shall be returnable to the next court after the said three days, and not otherwise; and all process issued or returnable, in other manner than is herein before directed, shall be null and void. Provided nevertheless, that any justice or justices of peace, by his or their warrant, may cause any traitor, felon, pirate, rioter, breaker of the peace or other criminal offender, to be apprehended and brought before the same, or some other justice or justices, or before the next court, although there be not three days between the execution of such warrant and the return thereof. | Process to be executed three days before return day. When returnable, if issued within three days before the next court day. If issued or returned in any other manner to be void. Criminal cases excepted. |
| SECT. 18. 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 officer, instead of the ordinary process, a summons shall issue to the sheriff, or other proper officer, | Process in suits against the governor, councillors, judges and sheriffs. |
| reciting the cause of action, and summoning such defendant to appear and answer the same, on the proper return day in the next 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. | |
| SECT. 19. 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 county 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 the court to which such process is returnable. 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 justice of the peace, 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 endorsement on the original writ, or | In certain suits plaintiff to endorse on the writ the true
species of action. In which sheriff may take the engagement of an attorney to appear for defendant; but shall not commit him for want thereof or of bail. Any justice may direct bail to be taken. |
| subsequent process; and every sheriff shall govern himself accordingly. | |
| SECT. 20. 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 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 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 judge. | Directions to the sheriff where bail is required. When bail may defend the suit. How bail is to be given in detinue. |
| SECT. 21. And if the sheriff or other officer 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 or other officer 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 or other officer depart 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. | Remedy against sheriff neglecting to return sufficient
bail. Exceptions to bail when to be made. |
| SECT. 22. And upon appearance of the defendant in any personal action, where the plaintiff shall move that the defendant may be held to special bail, the court may if they see cause, rule him to give bail accordingly, or commit him in custody to the sheriff or other officer till such bail be given; and the person and persons becoming special bail, shall be liable to the judgment and recovery | Defendant upon appearance may be ruled to give special bail. |
| against such defendant, unless he render his body in execution in discharge of his bail. | |
| SECT. 23. No bail shall be demanded on a writ of capias ad respondendum, which shall be issued against a resident of one county in any other, until a non est inventus has been returned in the county or corporation in which the defendant resides, upon a capias issued in the same suit against such defendant, and every writ issued contrary thereto without an endorsement of "no bail required," shall be voidable at any time before issue joined, or judgment by default, nil dicit or non sum informatus thereon, but not afterwards. Provided, that no such writ issuing from the county or corporation in which the cause of action accrued, shall be voidable by reason of bail being required thereon. | No bail to be demanded of a resident in one county who sued in
another, until a return of non est inventus. Proviso. |
| SECT. 24. Any justice of the peace, when the courts are not sitting, may take recognizance of special bail in any action therein depending, which shall be returned by the justice taking the same to the clerk of the court, before the next succeeding quarterly court, to be filed with the papers in such action. | Any justice may take recognizance of special bail. |
| SECT. 25. If the plaintiff or his attorney shall except to the sufficiency of the bail so taken by a justice out of court, notice of such intended exception shall be given to the defendant or his attorney, at least five days previous to the day at 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. | Exceptions to bail, how to be made. |
| SECT. 26. The same proceedings shall be had against the common bail and sheriff, or other officer in any suit, or either of them, their executors or administrators, and they or either of them may have the same remedy against the defendant, or his executors or administrators, in the county and corporation courts at their quarterly sessions, as is directed to be had in any district court in such cases. | The same proceedings against bail and sheriffs as in the district courts. |
| SECT. 27. All imparlances to be taken, and pleadings to be filed, both in common law and in chancery, until an issue is joined, or interlocutory decree or judgment obtained, shall be done at rules to be held monthly in the clerk's office, on such days as the courts at their respective quarter sessions shall appoint; which rules shall be distinctly entered in a book, to be kept for that purpose, and the clerk shall be allowed the same fees for entering such rules, as if the same had been made in court. | Rules to be held monthly in clerk's office; Rule days to be appointed by the courts. |
| SECT. 28. All rules to declare, plead, reply, rejoin, and for other proceedings, shall be given from month to month, and shall be made and entered with the clerk of the court, in the same manner as rules are made and entered with the clerks of the district courts, in suits depending in them. Provided nevertheless, that the court may at their quarterly session next after any of the said rules may at their quarterly session next after any of the said rules and proceedings have been had in the clerk's office, for good cause to them shewn, set aside any of the said rules and proceedings, and make such order concerning the same, as to them may appear just and right. | Rules to be given from month to month in the office; but may be set aside at the quarterly sessions. |
| SECT. 29. Where any final judgment shall be entered up in the office against any defendant or defendants and their securities, or against any defendant or defendants and sheriff, or other officer by default, execution may issue thereon after the next succeeding quarterly court, unless the same be set aside during such court, in like manner as office judgments in the district courts may be set aside; and all office judgments so set aside, shall be immediately put at the end of the issue docket. | Office judgments when to be set aside. |
| SECT. 30. 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 county or corporation, 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 or other officer of any county or corporation 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 county or corporation. | Directions concerning writs of scire facias to revive judgments. |
| SECT. 31. The clerk shall proportion the causes upon the docket, from the first day of the court to the sixth, both inclusive, if in his opinion so many days will be expended in trying the causes ready for trial, and issue subpœnes for witnesses to attend the days to which the causes stand for trial. He shall docket the causes in order as they are put to issue, and no cause shall be removed from its place on the docket, unless where the plaintiff at the calling the same, be unprepared for trial, in which case, and no other, shall the cause be put at the end of the docket. | Rules in docketing causes. |
| SECT. 32. And for the better ascertaining what process may be sued out, where the sheriff or other officer returns that the defendant is not to be found in his bailiwick; | Process where the defendant is not found. |
| It is hereby further enacted, That where any sheriff, or other officer shall make such return, the plaintiff or plaintiffs in any civil action, shall and may sue out an attachment against the estate of such defendant, returnable as herein-before is directed for the returns of original and other subsequent process thereupon, to force an appearance, or an alias or pluries capias, at the election of the plaintiff or plaintiffs; and if the sheriff or other officer, shall return any goods by him attached, the plaintiff shall file his declaration, and be entitled to a judgment for his whole debt, and the goods so attached shall remain in custody of the sheriff till such judgment obtained, and then be sold and disposed of, in the same manner as goods taken in execution upon a writ of fieri facias; and if the judgment shall not be satisfied by the goods attached, the plaintiff may have an execution for the residue. Provided always, that all goods so attached, shall and may be replevied by the defendant's giving bond and security to the sheriff or other officer attaching the same, in like manner as by law directed on the execution of mesne process, or by the defendant's appearance, and putting in good bail, if ruled by the court to give special bail. But no sheriff shall return upon any writ to him directed, that the defendant is not found in his bailiwick, unless such sheriff or his officer shall have actually been at the dwelling-house, or place of abode of such defendant, and not finding him, shall have left there an attested copy of the same writ or process; and where any defendant shall be a known inhabitant of another county, and not of the county of that sheriff to whom the process shall be directed, such sheriff shall return the truth of the case, but not that the person is not found in his county, and thereupon such process issued from any county court clerk's office, as to such defendant, shall abate and be dismissed. | When the sheriff may return that the defendant is not to be
found. |
| SECT. 33. The clerk of the court shall carefully preserve the declarations, pleas, evidences, and all other papers relating to any cause in court, and they shall be all filed together in the office. | Declarations, &c. to be preserved in the clerk's office. |
| SECT. 34. In all cases where the title or bounds of any estate in land is determined, the pleadings shall be all in writing, and shall be entered at large with the judgment thereon, in particular books kept for that purpose. | In land causes pleadings to be in writing and complete records to be made up. |
| SECT. 35. And for preventing errors in entering up the judgments of the court, the justices, before every adjournment, shall cause the minutes of their proceedings to be | Minutes of proceedings to be read |
| publicly read by the clerk, and corrected where necessary, and then the same shall be signed by the first justice in commission then sitting; which minutes so signed, shall be taken in a book, and carefully preserved among the records; and no proceedings or judgments of any court, shall be of force, or valid, until the same be so read and signed. | in court and signed. |
| SECT. 36. And for prevention of delay and vexation, by dilatory pleas, It is hereby further enacted and declared, That in all personal actions, where the declarations shall plainly set forth sufficient matter of substance for the court to proceed upon the merits of the cause, the suit shall not abate for want of form; and that where a plea in abatement shall be pleaded in any action, and upon argument the same shall be adjudged insufficient, the plaintiff or plaintiffs, in such action shall recover against the defendant or defendants full costs, to the time of overruling such plea, including the costs of that court, a lawyer's fee only excepted. | Suits shall not abate for want of form. Costs upon a plea in abatement overruled. |
| SECT. 37. Any debt or penalty, amounting to more than five dollars, or two hundred pounds of tobacco, and not exceeding twenty dollars, or eight hundred pounds of tobacco, may be demanded by petition to the court of a county, city, or borough. The clerk of the court shall draw the petition, stating therein how the debt became due, or by breach of what act of Assembly the penalty was incurred, and shall issue a summons directed to the sheriff or other proper officer, commanding him to summon the defendant to appear and answer the petition; and the defendant being summoned ten days at least before the return day, and being at the same time served with a copy of the petition, together with a copy of the account which shall be filed, when the debt shall have arisen by account, the court shall and may hear and determine the matter in dispute in a summary way, and give such judgment as shall appear to be just. | Method of recovering debts by petition. |
| SECT. 38. Any person may, by petition, to be served and tried in like manner, demand and recover goods detained, or the value of them, and damages for the detention, or damages for goods found by the defendant, and converted to his use, where the goods with the damages are not of greater value than twenty dollars, or eight hundred pounds of tobacco. Whosoever shall bring any other action than a petition, if it appear, either by his own shewing in the declaration, or by the verdict of a | Detinue and trover for goods, or the value not exceeding twenty dollars shall be brought by petition. |
| jury, that he might have brought a petition by this act, shall be non-suit. | |
| SECT. 39. And be it further enacted, That in all suits in the county and corporation courts in chancery, the following rules and methods shall be put in practice and observed, to wit: | Plaintiff proceeding otherwise shall be non-suit. |
| SECT. 40. The complainant shall file his bill on the first rule day after the return of the subpœna executed, or upon the first appearance of the defendant, upon pain of having the same dismissed by the defendant; and if he shall fail to file the same within three months from the time of such return, the suit shall stand dismissed with costs. | Rules to be observed in the prosecution of suits in chancery. |
| SECT. 41. Upon the complainant's dismissing his bill, or the defendants dismissing the same for want of prosecution, the defendant shall recover his costs. | |
| SECT. 42. The complainant may amend his bill before the defendant appears, or in a small matter, afterwards, without paying costs; but if he amend after appearance, and in a material point, whereby the defendant shall be put to any extraordinary costs, such costs shall be paid before the complainant shall be at liberty to amend his bill. | |
| SECT. 43. If any defendant shall not appear upon attachment returned executed, or being brought into court upon any such process, shall obstinately refuse to answer the complainant's bill, such bill shall be taken for confessed, and the matter thereof decreed accordingly. | |
| SECT. 44. The defendant shall file his answer at the next rules after his appearance, and bill filed, and if no answer be then put in, an attachment may be awarded, returnable to the next court; and if no answer be put in upon return of the attachment executed, the complainant's bill shall be taken for confessed, and the matter thereof decreed. | |
| SECT. 45. And if the attachment be returned not executed, an attachment with proclamation shall be issued, and if upon the return thereof no answer shall be put in, the complainant's bill shall be taken for confessed, and the matter decreed as aforesaid. | |
| SECT. 46. No process of contempt shall issue without oath made of the service of the subpœna, unless the same be returned served by a sworn officer. | |
| SECT. 47. If the defendant does not file his answer within three months after the plaintiff shall have filed his |
| bill, having also been served with the subpœna at least three months before the said time for filing his answer, the plaintiff may proceed to take his bill for confessed, and proceed in the same manner as in the case of an attachment returned executed, or he may have a general commission to take depositions, or he may move the court to bring in the defendant to answer interrogatories, at his election, and proceed on to hearing in the two last cases, as if the answer had been filed, and the cause was at issue: Provided, that the court, for good cause shewn, may allow the answer to be filed, and grant a further day for such hearing. | |
| SECT. 48. Every defendant shall be at liberty to swear to his answer, before any justice of the peace. | |
| SECT. 49. When any cross bill shall be preferred, the defendant or defendants in the first bill shall answer thereto, before the defendant or defendants in the second bill shall be compellable to put in his or their answer to such cross bill. | |
| SECT. 50. The complainant shall reply or file exceptions, at the next rules after the defendant's putting in his answer; and if the complainant shall not then reply, nor file exceptions, his bill shall be dismissed with costs. | |
| SECT. 51. When the complainant files exceptions against the answer of any defendant or defendants, as insufficient, if the defendant puts in a sufficient answer at the next rules, the same shall be received without costs, but if the defendant's attorney insists on the sufficiency of the answer put in, and neglects or refuses to put in a sufficient answer, or shall put in another insufficient answer, the plaintiff may set down his exceptions, to be argued the next court; and after exceptions so filed, or any second insufficient answer put in, no further or other answer shall be received, but upon payment of costs. | |
| SECT. 52. And if upon argument, the complainant's exceptions shall be over-ruled, or the defendant's answer adjudged insufficient, the complainant shall pay to the defendant, or the defendant to the complainant, as the case shall be, such costs as shall be allowed by the court. | |
| SECT. 53. Upon every second answer adjudged insufficient, costs shall be doubled. If any defendant shall put in a third insufficient answer, which shall be so adjudged, such defendant shall be examined upon interrogatories, |
| and committed till he shall perfectly answer those interrogatories, and pay costs. | |
| SECT. 54. If the defendant after process of contempt, put in an insufficient answer, which shall be so adjudged, the complainant shall not be obliged to take out a new subpœna, but may go on to the attachment with proclamation, as if no answer had been put in. | |
| SECT. 55. Where the complainant conceives sufficient matter to be confessed by the defendant's answer, he may set down the cause for, and proceed to hearing. | |
| SECT. 56. After answer filed, and no plea in abatement to the jurisdiction of the court, no exception for want of jurisdiction shall ever afterwards be made, nor shall the high court of chancery, or any other court ever thereafter delay or refuse justice, or reverse the proceedings for want of jurisdiction, except in cases of controversy respecting lands lying without the jurisdiction of such court, and also of infants and femes covert. | |
| SECT. 57. No defendant shall be admitted to put in a rejoinder, unless it be filed at the next rules after replication put in, but the complainant may proceed to the examination of witnesses. | |
| SECT. 58. After an attachment with proclamation returned, no plea or demurrer shall be received, unless by order of court, upon motion. | |
| SECT. 59. If the complainant conceives any plea or demurrer to be naught, either for the matter or manner of it, he may set it down to be argued; or if he thinks the plea good, but not true, he may take issue upon it, and proceed to proofs; and if such plea shall be adjudged false, the complainant shall have the same advantage as if the same plea were found false by verdict at the common law. | |
| SECT. 60. If a plea be pleaded, or demurrer put in, and over-ruled, no other plea or demurrer shall thereafter be received, but the defendant shall answer the allegations of the bill. | |
| SECT. 61. The complainant at the next rules after a plea or demurrer put in, may cause the same to be set down to be argued; but if the complainant shall not proceed to have the same set down, before the second court after plea or demurrer put in, the bill may be dismissed of course, with costs. | |
| SECT. 62. Upon a plea or demurrer argued and over-ruled, costs shall be paid as where an answer shall be |
| adjudged insufficient, and the defendant shall answer at the next rules; but if adjudged good, the defendant shall have his costs. | |
| SECT. 63. If any defendant shall obstinately insist on a demurrer, and refuse to answer, where the court shall be of opinion that sufficient matter is alledged in the bill to oblige him to answer, and for the court to proceed upon, the bill shall be taken for confessed, and the matter thereof decreed accordingly. | |
| SECT. 64. The said court in its discretion may direct an issue to be tried at their own bar, whenever it shall be judged necessary. | Issues to be tried when necessary. |
| SECT. 65. The right of appeal from the county and corporation courts to the high court of chancery and to the district courts, shall be exercised in the same manner as prescribed in the acts "reducing into one the several acts concerning the high court of chancery," and "reducing into one the several acts concerning the establishment, jurisdiction and powers of district courts." | Right of appeal, how to be exercised. |
| SECT. 66. If the plaintiff or demandant appeals, then the special bail given by the defendant or tenant in the county or inferior court, shall also stand bound to answer the judgment of the district court, and such appellant shall give bond with security, in the sum of sixty-three dollars and thirty-three cents, that he will prosecute his appeal with effect; and if he do not appear and prosecute the same, his bond shall be forfeited to the defendant or appellee. | When the plaintiff appeals, special bail bound to answer the judgment of the district court. |
| SECT. 67. No writ or writs of certiorari shall be received or allowed by the justices of any county court or other inferior court, to whom such writ or writs shall be directed and delivered, nor shall any cause be removed by habeas corpus after issue or demurrer joined, in the cause or causes depending in such court or courts, and intended to be removed by such writ or writs, but they shall and may proceed in the said cause or causes as though no such writ had been sued forth, or delivered to them or any of them; and if any cause be removed or stayed by such writ, and afterwards the same cause shall be remanded, or sent back again, by any writ of procedendo, or other writ whatsoever, such cause shall never afterwards be removed, or stayed before judgment, by any other writ or writs whatsoever, to be sued forth from either of the district courts, or from the high court of chancery. | Rule respecting suits remanded. |
| SECT. 68. Before any injunction in chancery shall be granted to stay proceedings at law in any action, suit, or judgment whatsoever, in any county or corporation court, if the court shall not be otherwise satisfied with the matter of equity, the party praying such injunction shall make oath before the court, or before some magistrate, of the truth of the allegations of his injunction-bill; which affidavit shall be certified at the foot of the bill, and he, she, or they, shall moreover enter into bond, with one or more sufficient securities, in the clerk's office, for satisfying and paying all such sums of money and tobacco, and costs, which shall be then due, or become due, to the plaintiff or plaintiffs, in the action, suit, or judgment, so to be stayed, and also for the payment of such costs as shall be awarded against him, her, or them, in case the injunction shall be dissolved; and the clerk shall endorse on the subpœna that the bond is filed. | Injunctions, how to be obtained. |
| SECT. 69. The proceedings of the said courts
in common law cases, shall as nearly as may be, conform to the practice in the district courts.
And in chancery cases, the same shall conform to the practice of the high court of chancery in
like cases, except in such cases as are or shall be otherwise particularly directed by any act of
the General Assembly.
SECT. 70. The clerks of the several county and corporation courts in this Commonwealth shall be, and they are hereby empowered and required, upon the application of any party who hath obtained or shall obtain any judgment, decree or final order in such courts, to issue any legal or proper writ of execution or attachment, as the case may require, as also to issue attachments against executors, administrators, or guardians, who shall fail to account when ordered so to do by such court, directed to the sheriff of the same, or any other county, provided there be fifteen days at least, and not more than ninety days, between the teste and return of such writ. |
Proceedings at common law shall conform to the practice of the
district courts, and in chancery to that of the high court of chancery. Clerks shall issue executions on the application of any person obtaining judgment; and attachments against guardians failing to account. |
| SECT. 71. Nothing in this act before contained shall be construed to enlarge, alter or abridge any of the powers, jurisdictions, or constitutions of any court of any city, town corporation, or borough, within this Commonwealth, but the same shall remain as if this act had not been made; any thing herein to the contrary, or seeming to the contrary, notwithstanding. Provided always, that the respective corporation courts or courts of hustings of any city, town, or borough, shall have jurisdiction | Powers of corporation courts not enlarged or abridged by this
act. What suits are cognizable therein. |
| only in suits or controversies instituted between the respective inhabitants or citizens of such city, town, or borough, and between one or more of the inhabitants of such city, town or borough, and any person or persons not an inhabitant or inhabitants of this Commonwealth, and in either case only where the contract hath been made, or the cause of action hath accrued, within such city, town or borough; and in all such suits and controversies, their respective jurisdictions shall not be limited to any particular sum, but shall be co-extensive with the jurisdiction of the county courts. | |
| SECT. 72. Nothing in this act before contained shall be construed to prejudice or in any manner affect the charters of the city of Williamsburg and borough of Norfolk, or either of them. | Charters of Williamsburg and Norfolk not to be affected by this act. |
| SECT. 73. No person being a member of any corporation court, court of hustings, or common-councilman of any city, town or borough whatsoever, within this Commonwealth, except common-councilmen of the city of Williamsburg or borough of Norfolk, shall, while a member of such corporation court, court of hustings, or common-council, be capable of acting as a justice of any county court. | Magistrates of corporations and common council-men not to act as
justices of any county. Exception. |
| SECT. 74. The clerks of the several county and corporation courts, shall annually, on or before the first day of July, transmit to the auditor a list of all fines imposed by their respective courts within the next preceding year; and if no fine shall have been imposed within such period, the clerk shall certify accordingly. Every clerk failing to perform the aforesaid duty, shall forfeit and pay one hundred and fifty dollars, to be recovered by the auditor on motion to the general court, and applied to the use of the Commonwealth, provided ten days previous notice be given in writing of every such motion. | List of fines imposed by the courts to be sent to the auditor. |
| SECT. 75. All and every act, clause and parts of acts, within the purview of this act, shall be, and the same is hereby repealed. | Former acts repealed. |
| SECT. 76. This act shall commence and be in force from and after the first day of May, one thousand seven hundred and ninety-three. | Commencement of this act. |
| CHAP. XVI. | ||
| ||
| (Passed November the 30th, 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That when any person who hath received, or shall receive public money from the treasurer for public use, hath not applied, or shall not apply the said money accordingly, or hath neglected, or shall neglect to account for and repay so much thereof as shall remain unapplied, upon a motion in behalf of the Commonwealth, made to any court of record, notice thereof in writing having been given ten days or more to the delinquent, with a state of the matter alledged against him, either by delivering copies of such notice and allegation to him, or leaving them at the place of his usual abode, the said court may give judgment and award execution against him and his sureties, for so much as a jury, to be impannelled instantly, unless good cause be shown for deferring it, for trial of an issue, if he appear, and make it up, or for enquiry of damages, if he appear not, or appearing, refuse to make up such issue, shall find to be due from him, on any such account as aforesaid, with damages to be assessed by the jury, and costs. | Mode of proceeding against persons misapplying money received from the treasury for public use. | |
| SECT. 2. When the attorney prosecuting on behalf of the Commonwealth, shall commence an action for breach of a contract, which hath been or shall be entered into with government, or with an agent thereof, to supply the army or navy with provision or other articles, at the emanation of the writ, he shall file a declaration, with an assignment of the breaches, which with the writ shall be delivered to the officer, to whom that is directed, and served upon the defendant fifteen days or more before the return day; and on such return day, or on the return day of the subsequent process, in case the preceding be not legally served, if the defendant appear and make up an issue, or if he appear not, or appearing, refuse to make up such issue, a jury shall be impannelled instantly, unless | Against persons contracting to supply the army, &c. for breach of contract. |
| good cause be shown for deferring it, to try the issue, or enquire of damages. And in like cases, the agents or contractors to the United States of America, may, by the like remedy, on behalf and in the name of the said states, recover money due to them. | The same remedy extended to the United States. |
| SECT. 3. And whereas divers persons have, and hereafter may enter into contracts with the agents or contractors for victualing and clothing the army and navy, and have or may fail or refuse to comply therewith: Be it further enacted, That upon any suit being brought, by any victualler, agent, or contractor, against any person or persons so failing or refusing, the proceedings therein shall be the same, and the plaintiff shall have the same remedy and redress, as is herein before directed in suits which may be brought on behalf of the Commonwealth. | And to public contractors against persons contracting with them. |
| SECT. 4. It shall and may be lawful for the general court to give judgment with costs, at the motion of the auditor, on ten days previous notice, against any person or persons indebted to the Commonwealth, by bond, or other specialty, whether the same be taken in the name of the governor or treasurer, or any other person acting in a public character, for or on behalf of the Commonwealth, and also to give judgment for all bills of exchange and notes, and for the penalty of all bonds entered into by any person or persons, conditioned for the rendering accounts, or other duties. | Mode of proceeding against persons indebted to the public, by bond, bill, note, &c. |
| SECT. 5. Where any person or persons have been, are, or may hereafter be indebted to the Commonwealth, either in specie or other articles, collected or otherwise received, for or on behalf of the Commonwealth, and such person or persons, on a settlement with the auditor, have obtained a quietus; and where judgment hath been or may be obtained in favor of the Commonwealth, and the amount thereof adjusted and discharged, either before or after the issuing of the execution, whereby a quietus may have been or shall hereafter be obtained, by the party or parties, and it shall hereafter be obtained, by the party or parties, and it shall afterwards appear that an error or mistake had been committed to the prejudice of the Commonwealth in the settlement of such account, judgment, or execution; in all or any of these cases, it shall and may be lawful for the general court to give judgment on motion, with ten days previous notice, for the amount of such error or mistake, without interest or damages thereupon, the same being proved to the satisfaction of the court. | Against a public debtor where an error in his favor is discovered in any adjusted account. |
| SECT. 6. And when it shall appear after settlement, that by error or mistake any person shall or may have paid more to the Commonwealth than was really due, such person shall have the same remedy by motion with notice, against the auditor, as is by this act given to the Commonwealth. | The like remedy to him if he has overpaid. |
| SECT. 7. If any sheriff or collector of the public taxes, shall fail to account for and pay into the public treasury, the taxes by him received, in manner and at the time prescribed by law, every such delinquent sheriff or collector, shall be liable to a judgment against him on motion, to be made by the auditor, or other person appointed for that purpose, at the November general court, or any subsequent court after such failure, for the amount of the taxes due, and five per centum damages, together with an interest of five per centum per annum, upon the whole amount, until paid, for the use of the Commonwealth, and thereupon execution shall issue; provided the party has ten days previous notice of the day on which such motion is to be made. | Against sheriffs who fail to account for public taxes. |
| SECT. 8. No petition or petitions shall in future be received from any sheriff or collector of the public revenue, or their security or securities, or from any person or persons, directly or indirectly, in their behalf, unless such sheriff or collector shall previous to such application, advertise at the door of his courthouse, on one court day at least, a list of the persons in arrears for taxes, in his county, together with the balances due from such persons respectively, making oath to the same before the court of the county in which he or they respectively reside, which oath shall be committed to record and list filed in the clerk's office; and the said sheriff or collector shall produce an attested copy of such advertisement, together with copies of the list and certificate aforesaid, signed by the clerk of his or their respective county courts. | Regulation respecting petitions from delinquent sheriffs. |
| SECT. 9. Lands and tenements shall and may, by virtue of a writ of fieri facias, be taken and sold in satisfaction of all judgments which have been obtained after the seventh day of January, one thousand seven hundred and eighty-eight, or may be obtained hereafter, on behalf of the Commonwealth, against any sheriff, coroner, or other public collector, or against his or their security or securities: Provided, that the same shall not extend to any such security or securities, who shall have become | Lands of public collectors may be sold to discharge the
Commonwealth's judgments against them in certain cases; Proviso in favor of securities |
| so before the said seventh day of January, one thousand seven hundred and eighty-eight. | in certain cases. |
| SECT. 10. Every judgment obtained against any sheriff, coroner, or other public collector, shall bind the property of the lands and tenements, of such public debtor, from the date thereof. | And bound from the date of the judgment. |
| SECT. 11. When the goods and chattels taken in execution to satisfy a judgment of the Commonwealth, by virtue of a fieri facias, shall not, in the opinion of the officer levying the same, be sufficient to satisfy the debt with damages and costs, the sheriff or other officer shall, at the same time, give public notice at the churches and meeting houses, if any there be, and courthouse of his county at the next court day, and shall moreover give notice to the owner, if he be in the county, or otherwise to his agent, if any such be known, at some time appointed in the notice, not less than ninety, nor more than ninety-six days from the time of levying the execution, that the said lands and tenements will be exposed to sale by auction, on the premises, or at such other place in the county, as the owner shall by writing under his hand delivered to the officer, direct. | Notice of the time and place of sale, how to be given. |
| SECT. 12. If the public debtor against whom a judgment hath been entered subsequent to the said seventh day of January, one thousand seven hundred and eighty-eight, or shall be hereafter entered, have several parcels of land which lie in one and the same county, he or his agent may by writing under his hand at any time before the day of sale, require the sheriff or officer to whom a writ of fieri facias upon the judgment shall be directed, to make the debt or damages and costs of such of the said parcels of land as the owner or his agent shall think proper; and if the parcels be in different counties, the clerk shall and may at the like request in writing, direct the fieri facias to the sheriff or officer of any county which the party or his agent making oath or solemn affirmation, that he hath lands there, shall particularly mention at any time before the writ shall be delivered to the officer. And if the debt, damages, and costs be made of any other parcel of land, or of lands lying in any other county than that mentioned in such written requisition, the sale of such other parcel of the land in such other county shall be void. | Debtor having several parcels of land may direct which shall be
sold. Sale how to be made. |
| SECT. 13. If the owner of the land before or at the day of sale, shall not make payment of the debt due to | Where the estate cannot be |
| the public, the sheriff or officer shall proceed to sell the said lands and tenements, or such estate and interest as the party convict shall have therein, or so much thereof as will be sufficient, laid off in one entire parcel if it may be done, in such place and manner as he or his agent, if he think proper, shall direct, for ready money, or other property, as the demand may be, and the costs: But if the estate cannot be sold for three-fourths of its value, in the opinion of such other person as may be by law directed, he shall sell the same upon three months credit, taking bond of the purchasers, with sufficient surety or sureties, for the payment to the chief magistrate of this Commonwealth for the time being. | sold for three-fourths of its value, the officer may sell upon three month's credit. |
| SECT. 14. Every bond thus taken, shall mention on what occasion the same was taken, and shall by the sheriff or officer be immediately returned to the clerk's office from whence it issued, there safely to be kept, and when due, execution thereon may be awarded in the same manner, and on the same conditions, that executions are now awarded on replevy bonds, and shall in like manner be endorsed by the clerk, "that no security is to be taken." | Proceedings on the bonds taken in pursuance of this act. |
| SECT. 15. In all sales of lands by virtue of an execution, the sheriff or other officer shall convey the same to the purchaser at his cots, by deed in writing, sealed, and recorded as the laws direct for other conveyances of land; which deed shall recite the execution, purchase, and consideration, and shall be effectual for passing to the purchaser, all the estate and interest which the debtor had, and might lawfully part with in the lands. Provided nevertheless, that if any sheriff or other officer who may have made sale of lands by virtue of any execution to him directed, on the part of the Commonwealth, should die or remove out of the state, before deeds made in conformity to such sale or sales, then it shall and may be lawful for the next succeeding sheriff or other officer, to convey the same to the purchaser or purchasers thereof, in as full and ample manner, as his predecessor in office might or should have done. | Conveyances to be made by the officer to the purchaser at his costs; |
| SECT. 16. If the lands and tenements, goods and chattels, of any sheriff, coroner, or other public collector, are insufficient to satisfy the debt, damages, and costs due to the public, judgment shall be obtained against his security or securities, in the same summary way, that judgment | Proceedings against the securities of public collectors. |
| may by law be obtained against his or their principal, and the lands and tenements, goods and chattels of such security or securities, except as before excepted, shall be taken in execution to satisfy the balance of such debt, damages, and costs, in the same manner as the lands and tenements, goods and chattels of his or their principal, may be taken and sold agreeable to this act. | |
| SECT. 17. In every writ of fieri facias upon judgments which have been obtained subsequent to the said seventh day of January, one thousand seven hundred and eighty-eight, or hereafter to be obtained by the Commonwealth, against any sheriff, coroner, or other public collector, or the securities of them, or either of them, after the words, "We command you that of the," the clerk from whose office such writ shall issue, shall insert the words, "lands and tenements," and conform the subsequent part of such writ thereto. | Clerk to insert lands and tenements in executions against public collectors. |
| SECT. 18. Where the property of any sheriff, coroner, or other public collector, or their securities, has been taken in execution to satisfy a judgment obtained by the Commonwealth, and the same was not sold for want of buyers, and return thereon hath been made to that effect; or where the property of any sheriff, coroner, or other public collector, or their securities, have been exposed to sale by virtue of any writ of venditioni exponas to satisfy a judgment obtained by the Commonwealth, and could not be sold for want of buyers, and return hath been made to that effect; in either of the above cases, it shall and may be lawful for the executive, and they are hereby authorised and required, to direct the officer, to whom any subsequent process in either of the above cases ought to issue, provided such property cannot be sold agreeable to the directions of such subsequent process, to cause such property to be removed to such place in any adjacent county, as the executive may direct and there to be sold for money or government securities, on such terms, and in such proportions as they shall judge expedient: Provided, that if such property will not sell for three-fourths of its value, in the judgment of the valuers of the county, or in the judgment of such other person as may be by law directed, where the sale shall be made, the sheriff or other officer shall sell the same on three months credit, and shall take bonds in the same manner, and the like proceedings shall be had thereon, as is herein before | Executive may direct property of public collectors under
executions heretofore served to be removed to an adjacent county. Proviso. |
| directed in cases of bonds taken on the sale of lands and tenements sold by virtue of this act. | |
| SECT. 19. In every case where any writ of fieri facias or venditioni exponas issues against the estate of a sheriff on behalf of the Commonwealth, if by law the same ought to be directed to a sheriff such writ or writs shall be executed by the high sheriff. | Executions against sheriffs to be served by the high sheriffs. |
| SECT. 20. In like manner where any writ of fieri facias or venditioni exponas shall hereafter issue at the instance of the Commonwealth, against the estate of any sheriff, coroner, or other public collector, or their securities, and the goods and chattels of such debtor cannot be sold for want of buyers, the executive shall direct the property to be removed and sold as above directed, in cases of such sheriffs, coroners, public collector, and securities, whose property has not been sold for want of buyers. | Executive may direct the property of public collectors under execution to be removed to an adjacent county; |
| SECT. 21. It shall be the duty of the auditor forthwith to acquaint the executive when their interposition is, or hereafter may become necessary, to the carrying this act into effect. | To be informed when their interposition is necessary; |
| SECT. 22. The auditor, immediately on the return of any process which he shall suspect was fraudulently executed, shall give notice thereof to the executive, whose duty it shall be to direct the attorney of the Commonwealth for such district, county or corporation, to file an information thereupon, in which like proceedings shall be had as in other cases of information; and if it shall appear that such sale was fraudulently made, the property of any thing thus fraudulently sold, shall not be changed, but remain subject to the demand of the Commonwealth; and the officer who executed such process, if he be concerned in such fraud, shall ever after be rendered incapable of bing appointed to any office of honor or profit. | And if process be fraudulently served; Fraudulent sales under such process to be void; And the officer disqualified for any office. |
| SECT. 23. And whereas sheriffs and other public collectors in some instances have proceeded to collect the public revenue without having entered into bond with security for the faithful performance of that duty, which cannot be recovered from such collectors, except by the tedious process of law: For remedy thereof, Be it enacted, That every sheriff, or other public collector, who may have attempted the collection of any of the different species of taxes in any county or corporation in this state, shall be liable to a judgment and execution for the same sum, and in the same summary way, as if such sheriff or | Summary remedy against collectors who have failed to give bond and security. |
| other public collector had actually given security agreeable to law. | |
| SECT. 24. In all executions founded upon judgments, which were obtained prior to the seventh day of January, one thousand seven hundred and eighty-eight, where it may be necessary to remove any property by virtue of this act, the extra expences attending such process shall be discharged by the Commonwealth; but in all executions upon judgments obtained after the day last mentioned, or hereafter to be obtained , such additional expences shall be paid by the owner of the property, and taxed in the costs of the prosecution. | Expence attending removal of collector's property under execution, how to be defrayed. |
| SECT. 25. All sheriffs, coroners, or other persons authorised to levy executions of any kind on behalf of the Commonwealth, and failing so to do according to law, or withholding any such execution for any longer time than one month after the return day, shall forfeit and pay to the Commonwealth, at the rate of fifteen per centum per annum, on the amount of such execution, to e computed from the return day thereof, until such execution be actually returned. | Penalty on officers failing to serve or return executions. |
| SECT. 26. And any officer as aforesaid, who shall make a false return on any such execution, shall forfeit and pay twenty-five per centum on the amount of such execution. | For a false return. |
| SECT. 27. And in case any sheriff, coroner, or other officer, shall levy on behalf on the Commonwealth, any execution, and shall return the same as satisfied, paid or discharged, or in any other words, form or manner, which shall entitle the debtor to a credit therefor, either wholly or in part, and shall fail to pay the amount of such credit within one month after the return day of such execution, or other process, then such sheriff or other officer, so failing, shall forfeit and pay to the Commonwealth, double the damages and double the interest to which the debtor, against whom the said execution may have issued, was subject, to commence and accrue on the return day of such execution, and to continue until payment be made into the treasury; and in all such cases where no damages are expressed, but interest only is required by the said execution from the debtor, the sheriff or other officer failing to pay to the treasury within one month after the return day of such execution, shall forfeit and pay at and after the rate of twenty per centum per annum on the amount. | For failing to pay money received under execution. |
| SECT. 28. Upon all executions of fieri facias already issued, or hereafter to be issued, and which shall have ben, or shall be levied, but not discharged, whereby subsequent process is necessary to be issued, every such subsequent process, may at the discretion of the auditor be directed to such person specially by name as was high sheriff at the time of levying the former execution, who shall proceed in the execution of such subsequent process until the debt be fully paid, notwithstanding such person's time as sheriff of the county be expired. | When executions may be directed to persons other than the sheriffs. |
| SECT. 29. And all and every deputy sheriff levying any execution for, or on behalf of the Commonwealth, shall, on failing to sign in addition to his own name, the name of the high sheriff under whom he acts, be subject to the same fine as is hereby inflicted for withholding an execution, to continue until such return be amended by the addition of the high sheriff's name, or the amount of such execution be actually paid; and in case of inability in any deputy sheriff to pay such fine, the same may be recovered of the high sheriff, which he may hereafter recover of such deputy by motion in the court of his county, on giving ten days previous notice to the deputy so failing. | Penalty on a deputy sheriff failing to add the name of his principal to a return. |
| SECT. 30. No compliance with such duties as are by this act prescribed after the respective periods assigned for performance, and notice given of an intended motion as herein after is mentioned, shall bar a recovery of the fines and forfeitures. | When the performance of duty shall not bar the recovery of a fine. |
| SECT. 31. In all cases of fieri facias not levied by reason that the effects in a public debtor's possession cannot be taken in consequence of any previous bona fide execution, mortgage, deed of trust, or any other conveyance or incumbrance whatsoever, the sheriff holding such execution shall set forth in his return fully and explicitly the nature of the conveyance or incumbrance under which a claim is set up, and in what court the same be recorded, and if by virtue of executions, the names of the persons at whose instance such executions issued, the amount of each, and from what court they were issued, in order that the auditor may institute such proceedings as the attorney-general may direct against all persons concerned in order to have their claims or demands fully ascertained; and all courts wherein such proceedings shall or may be instituted, are hereby authorised to give the preference in hearing all such cases before others of any kind | Method of proceeding where the property of a public debtor is under any lien or incumbrance. |
| or nature soever, and to quicken the same by such rules as to them shall seem expedient. | |
| SECT. 32. If any person shall attempt to stop, interrupt or injure the sale of the estate of any public debtor taken by virtue of an execution, by any fraudulent execution, conveyance, or incumbrance whatsoever, he shall forfeit to the Commonwealth the sum of three hundred dollars. | Penalty for interrupting the sale of any public debtor's estate. |
| SECT. 33. All fines and forfeitures inflicted by this act, shall be recovered by the auditor on behalf of the Commonwealth, by motion in the general court with costs, on giving ten days previous notice. Provided always, that upon a prosecution, instituted for any fine or forfeiture inflicted by this act, a jury shall be impannelled to try the facts, if it shall be desired by the party prosecuted. | Fines and forfeitures, how to be recovered; |
| SECT. 34. The defendant or parties against whom judgment may have been obtained for any such fine or forfeiture, may, on application to the governor and council, obtain a remission either of the whole or part, as to the governor, with advice of council, may seem reasonable and proper. | Remission of them, how to be obtained. |
| SECT. 35. All and every act and acts, clauses and parts of acts, coming within the purview of this act, shall be, and the same are hereby repealed. Provided always, that nothing in this act, shall in any wise extend to or affect any duty, fine, forfeiture, penalty, or remedy of, for, or concerning any matter or thing before the commencement of this act. | Former acts repealed. |
| SECT. 36. This act shall commence and be in force from and after the passing thereof. | |
 CHAP. XVII. An act concerning Coin, and for other purposes. (Passed December the 19th, 1792.) | |
| SECT. 1. BE it enacted by the General Assembly, That from and after the first day of January, in the year of our | What gold and silver |
| Lord one thousand seven hundred and ninety-three, the gold and silver coin herein after mentioned shall be current in this Commonwealth, and shall be a legal tender in payment of all debts and contracts between individuals, and in payment of all public dues and taxes, at the rates following, until it shall be otherwise regulated and directed by the Congress of the United States; that is to say: the gold coin of France, Spain, Portugal, and England, at the rate of five shillings and four-pence the pennyweight, or of a dollar for twenty-seven grains; the gold coin of Germany at the rate of four shillings and ten-pence the pennyweight, or a dollar for twenty-nine grains and eight-tenths of a grain; Spanish milled dollars at the rate of six shillings, or one hundred cents; and other silver coin uncut, in like proportion. Cut silver coin shall be receivable at the treasury of this Commonwealth for all public dues and taxes, at the rate of six shillings and eight-pence, or one dollar and eleven cents, the ounce. | coin shall be current, until regulated by congres. Rates. |
| SECT. 2. And be it further enacted, That the money of account of the Commonwealth, shall be expressed in dollars or units, dismes or tenths, cents or hundredths, and milles or thousandths; a disme being the tenth part of a dollar, a cent the hundredth part of a dollar, and a mille the thousandth part of a dollar; and that all accounts in the public offices shall be kept and had in conformity to this regulation. | The public accounts to be kept in dollars and parts of dollars. |
| SECT. 3. The treasurer of the Commonwealth is authorised and directed to receive from the commissioner of the loan-office of the United States in this state, the interest which hath or shall become due on the deficiency of the sum allowed to be subscribed of the debt of this Commonwealth, agreeably to an act of congress, intituled, "An act making provision for the debt of the United States." | The treasurer to receive the interest on the deficiency of loan of the state debt. |
| SECT. 4. All and every act and acts, clause and clauses of acts, coming within the purview of this act, shall be, and the same are hereby repealed. | Repealing clause. |
| SECT. 5. This act shall commence in force, from and after the first day of January, in the year of our Lord, one thousand seven hundred and ninety-three. |
| Pages 420-449
| Pages 479-517
|