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Clerk of Richmond chancery diftri& court to arrange papers of high court of chancery and

tranfmit them to the Leveral diftri& courts,

CHAP. CCXCVIII.

An A& Supplemental to the act intituled an act concerning the High Court of

I.

BE

Chancery.

[Paffed the 2d of February, 1802.]

E it enacted by the General Affembly, That the clerk of the chancery diftrict court to be held in Richmond, by virtue of the act intituled an act concerning the high court of chancery, fhall take into his poffeffion and keeping, all the records and papers of the laft mentioned court, and in the arrangement of the causes and fuits depending in the faid high court of chancery on the firft day of February eighteen hundred and two, he hall fend the origi nal papers, with certified copies of all orders, and interlocutary decrees, in each fuit or caufe, to the chancery court of that district within which the defendant Rules to be observed in fhall refide, if there be but one, but if there be two defendants, then to the the arrangement.

Canfes fent to diftri& courts how to be acted

on.

Copies of decifions upon appeals from final deCrees of high court of chancery to be fent to Richmond district

court.

Alfo from interlocutory decrees.

chancery court of that district, within which the first named defendant in the plaintiff's bill shall refide, and if there be more than two, then to that district in which the majority refide; but if the number of defendants be equal in feveral diftricts, then to that diftri&t in which the defendant first named in the plaintiff's bill shall refide; if the defendant or defendants, in any cause or fuit fo de. pending, be not refident within the ftate, it shall be retained in the chancery diftrict court of Richmond, unless the plaintiff fhall be a refident in the state, and in that cafe, the papers with copies of the orders and interlocutory decrees, if any, fhall be fent to the chancery court of that district within which the plaintiff, if there be but one, or the first named plaintiff in the bill if there be more than one, shall refide. All caufes and fuits, fhall be acted on, and proceeded in, by the chancery diftrict courts to which they fhall be fent, in the fame manner, as they would have been proceeded in, and acted on in the faid high court of chancery, had the faid recited act, not have been made; the feveral orders and interlocutory decrees made in the fuits or caufes, to be fent to the feveral chancery diftrict courts hall have the fame force, effect and obligation, as if entered by the court to which they fhall be fent.

II. IN all cafes where appeals have been taken or entered, from final decrees in the faid high court of chancery, and are still pending in the court of appeals, a copy of the decree of the court of appeals when made, fhall be certified by the clerk, to the chancery district court of Richmond, and the Judge of the faid court, fhall have full power and authority, to enforce the faid decree wherever the parties may refide.

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III. THE papers in fuits or caufes, where appeals are pending in the court of appeals, from interlocutory decrees in the high court of chancery heretofore rendered, fhall be retained in the chancery district court of Richmond, until a decifion fhall take place in the court of appeals, and it shall be the duty of the clerk of the faid court, to tranfmit a copy of fuch decifion or decree, when made, to the chancery district court of Richmond; and if the fame be final, the faid court fhall have full power to enforce and carry into effect the faid decision of Proceedings thereupon, decree, wherever the parties may refide; but if the faid decifion or decree fhall not be final, then on the receipt of a copy of the decision or decree of the court of appeals, the clerk of the chancery diftrict court of Richmond, shall fend the original papers, with a copy of all orders and interlocutory decrees therein, with a copy of the decifion or decree, of the court of appeals, to the chancery court of that diftrict in which the parties may refide, according to the directions herein before contained, to be proceeded on therein as if the faid fuit or caufe, had been originally there instituted.

Richmond district court to enforce decrees rendered by high court of

chancery,

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How injunctions awardof chancery to be iffued

and arranged.

IV. BE it further enacted, That the chancery district court of Richmond, shall have full power and authority, and is hereby authorifed, to proceed to enforce and carry into effect, all decrees heretofore rendered in the faid high court of chancery, and may award executions on forthcoming bonds taken on execu tions iffued on, or which may iffue on, decrees heretofore rendered in the faid court, and may iflue writs of fcire facias to revive former decrees of the faid court, in the fame manner as the faid high court of chancery might have done had the faid recited act not have paffed; and all injunctions awarded by the Judge of the high court of chancery previous to the first day of February eigh teen hundred and two, may be ifiued by the clerk of the faid court, in like man

• receive in the rill.

ner as if the faid recited act had not paffed, to be arranged and allotted as is prescribed in other cafes of injunction herein after mentioned.

V. ALL procèfs for contempt, iffued from either of the chancery diftrict Procefs for contempt ifcourts, may run into any part of the ftate, and shall be executed in like manner fued from diftrict courts as fuch procefs may be executed within the district, and shall be returned to the may run into any part court from whence fuch procefs iffued.

VI. THE papers in all injunctions depending in the faid high court of chancery, on the first day of February eighteen hundred and two, shall be fent, with copies of all orders and interlocutory decrees therein made, to the chancery court of that district within which the judgment enjoined, was reņdered.

of the state.

Papers in injunctions depending in high court of chancery to be sent

to district courts.

the courts are held.

VII. THE clerks of the chancery diftri&t courts shall refide and keep the Clerks to refide where records and papers of the faid court, at the places of holding the faid courts whereto they shall respectively belong.

tefte and be returnable

VIII. ALL proceffes whatsoever, iffuing from either of the chancery dif- How procefs to bear trict courts, shall bear tefte of the clerk of fuch court, and shall be made returnable to the firft, or feventeenth days of the fucceeding term of fuch court. IX. THE Judge of each of the chancery diftrict courts, shall have power to appoint one or more commiffioners, whofe fees shall be determined and paid, in the fame manner, as the fees of the commiffioners of the high court of chancery have heretofore been determined and paid.

Judges may appoint commiffioners.

&c,

X. BE it enacted, That the clerk for the arrangement of the papers, and Compenfation to clerk tranfmitting them to the feveral chancery diftrict courts, fhall be paid by the for arranging papers, treasurer on the warrant of the auditor of public accounts, fuch fum of money, as the judge of the chancery district court of Richmond, fhall certify to be equivalent to his fervices; and for copying all orders, interlocutory decrees, and for taxing the cofts in each caufe or fuit aforefaid, he fhall be allowed and is hereby authorifed to charge the fame, to the plaintiff or plaintiffs in each fuit, at the fame rate that he might lawfully charge the fame, if he had been required to copy the faid orders and interlocutory decrees, and tax the cofts by the plaintiff or plaintiffs in each fuit, and they shall be recovered and collected as other fees of the faid clerk, and if the plaintiff or plaintiffs fhall prevail, the faid fees fhall be recovered of the defendant or defendants, in the faid fuits refpectively.

clerk of

XI. THAT'if the faid clerk of the charcery court to be holden in the city Penalty on of Richmond, shall fail to perform any of the duties required by this or the above Richmond district for recited act of him, he fhall forfeit and pay for every fuch neglect, the fum of not performing certain one thousand dollars, to be recovered by motion, on ten days notice thereof, duties.

by the auditor of public accounts, in the general court, for the ufe of the commonwealth, which motion fhall be made at the inftance of any perfon aggriev

ed thereby.

XII. THAT each of the judges of the chancery diftrict courts of Staunton Oath of district judges and Williamsburg, in taking the path prefcribed by the above recited act, fhall changed. change the words "High Court of Chancery," for the words "Chancery Dif

trict Court of Staunton or Williamsburg," as the cafe may be.

XIII. THE fame fees to counfel and attornies fhall be allowed and taxed Fees to counfels

in the chancery diftrict courts, as were allowed and taxed in the high court of

chancery, previous to the paffing of the above recited act.

XIV. THIS act fhall commence and be in force, from and after the paff- Commencing clause. ing thereof.

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I.

B

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An Act to fix the Salaries of the Judges in Chancery.

[Paffed the 30th of January, 1802.]

E it enacted by the General Affembly, That each of the Chancellors ap-
pointed under the act, intituled,." An act concerning the high court

of chancery," paffed the prefent feion, fhall be entitled to have and receive a
falary of fifteen hundred dollars per annum, to be paid quarter-yearly out of
any money in the public treafury.

Salaries established.

II. THIS at hall commence and be in force from and after the paffing Commencing claufe. thereof.

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An At making further provifion for furnishing the Public Officers of this Commonwealth, with the Laws thereof.

Preamble

I.

Governor to fubfcribe

edition of the rev fed

W

[Paffed the 26th of January, 1802,]

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HEREAS Samuel Pleafants, jun. and Henry Pace, Printers in Richmond, have applied to the legislature to aid them in re-printing the last evised code of the laws of this commonwealth, and fuch other public acts as have paffea fince that edition was published; and the number of copies of the faid reviled code allowed and diftributed for public ufe, have been found to be insufficient:

II. BE it enacted by the General Affembly, That the Governor be, and he for 1000 copies of a new is hereby authorifed and required, to fubfcribe on behalf of the commonwealth, and upon fuch terms as individuals are permitted to fubfcribe, for one thoufand copies of the edition propoied to be published as aforefaid, the price whereof fhall be paid out of the treatury, upon a warrant or warrants to be iffued by order of the Executive.

code.

To be confidered as authority upon certificate of certain perfons."

Copies taken by public how to be diftributed.

Commencement of this

III. AND be it further erat d, That upon a certificate of George W. Smith, John Robinson, James Rind, Adam Craig, and William Wirt, gentlemen, or any two of them, being publithed with the faid laws, ftating that they had carefully comparea the edition of the acts fo to be published with the original laws, and found them to be truly and accurately printed, they fhall be received and confidered of equal authority in the courts of this commonwealth, as the originals from which they are taken.

IV. THE number of copies 10 fubicribed for, on behalf of the commonwealth, fhall be diftributed by the Executive among the public officers of this ftate, in fuch manner as they thall think beft.

V. THIS act shall be in force from the paffing thereof.

ac.

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Unneceffary to re.infpect Aur in ec:tain cafes.

Mixed flour to be fold

wealth.

An All to amend an act, to amend the act, intituled, An at reducing into one, the
Jeveral as for regulating the infpection of Flour and Bread.

I.

[Paffed the 27th of January, 1802.]

Bhall be manufactured in any county, of the ftates of Pennfylvania or

E it enacted by the General Affembly, That in all cafes where any flour

of Maryland, adjoining on the boundary line dividing thofe ftates, or either of them, from this commonwe: th weft of the Allegany mountain, and fhall have been duly infpected, marked and branded, agreeably to the law or laws of either of the faid ftates, in which the faid flour fhall have been manufactured, and afterwards thall be stored in any warehoufe, within this commonwealth, for the purpofe of exportation, it thall not be deemed neceflary that the fame flour fhall be re-intpected previous to fuch exportation.

II. AND be it further enacted, That if any miller or manufacturer of flour, for benefit of common- or other perfon, fhall produce to any infpector, to be by him infpected, marked or branded, any flour which shall be adjudged by fuch infpector, to be mixed with flour of any other grain than wheat, or with any other fubitance whate ver, the whole of fuch mixture fhall be condemned by fuch inspector, who shall caufe the fame to be fold for the benefit of the commonwealth, after giving notice of the time and place of fuch fale, for three weeks fucceffively, in fome Fire for offering fame public gazette. And moreover, a fine of ten dollars, for each barrel of mixed to be inspected.

Deputy infpe&tor to be approved by a court

flour condemned as aforefaid, fhall be impofed on any miller or manufacturer of flour, or other perion offering the fame to be infpected, to be recovered with cofts, in any court of record in this commonwealth, on motion of the infpector, the offender having ten days previous notice of fuch motion, and the infpector fhall be allowed for his trouble, and account for the money received by him, in fuch manner as is now prefcribed by law: Provided always, That when any perfon fhall think himself aggrieved by the judgment or want of fkill of an intpector, he fhall be relieved in the manner prefcribed by the tenth fection of the act, intituled, "An act reducing into one the feveral acts for regulating the infpection of flour and bread."

II. AND it further enacted, That no perfon fhall be admitted or autho rifed to act as a deputy to any infpector of flour or bread, until fuch perion

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