Fines affeffed by a jury not to be remitted by the Executive. Commencement of this act.. IX. IT fhall not hereafter be lawful for the Executive to remit any fine or amercement affeffed by a Jury. X. ALL and every Act and Acts, claufe and claufes of Acts, within the purview of this Act, fhall be, and are hereby repealed. XI. THIS Act fhall commence and be in force, from and after the paffing thereof. CHAP. LXIII. Court of Appeals to confift of five judges. Any three to conftitute a court. Terms, the judges. An Act for reducing into one Act, the feveral Acts concerning the Court of Appeals, and special Court of Appeals. I. [Paffed the 26th of October, 1792.] E it enacted by the General Affembly, That the Court of Appeals fhall confift of five Judges, to be chofen and commiffioned in the manner directed by the Conflitution of this Commonwealth. Any three of the faid Judges fhall conftitute a Court. The faid Court fhall be holden at the Capitol, in the City of Richmond, or at fuch other place as shall be appointed by the General Affembly, or in their recefs, by the Governor, with the advice of the Council of State, on any fuch emergency, as will make the adjournment lawful. (a) The faid Court fhall be holden twice in every year, namely, on the tenth day of April, and the tenth day of October, or when that shall happen to be Sunday, on the fucceeding day, and fhall fit each time, until the bufinefs depending before them shall be difpatched. (6) Every Judge before he exercifes his office, fhall in open Court give affurance of fidelity to the Commonwealth, and take this oath : Oaths to be taken by you all fwear that you will well and truly ferve this Commonwealth in the office of a Judge of the Court of Appeals, and that you will do equal right to all manner of people, great and small, high and low, rich and poor without refpect of perfons. You shall not take by yourself, or by any other. any gift, fee or reward of gold, filver, or any other thing, directly or indirectly of any perfon or perfons, great or small, for any matter done or to be done by virtue of your office, except fuch fees or falary, as Shall be by Law appointed. You shall not maintain by yourself or by any other, pri vily or of enly, any plea or quarrel, depending in the Courts of this Commonwealth. You shall not delay any perfen of right for the letters or request of any perfon, nor for any other cause; and if any letter or request come to you contrary to the Law, you fball nothing do for fuch letter or request but you shall proceed to do the Law, any Juch letter or request notwithstanding. And finally, in all things belonging to your faid office, during your continuance therein, you fall faithfully, juflly and truly, ac. cording to the beft of your skill and judgment, do equal and impartial justice, with out fraud, favor or affection. S help you GOD. (c) Jurifdiction of the court. Regulations refpecting the adjournment of the court when the judges do not attend. II. THE faid Court fhall have jurifdiction not only in the cafes provided for by the Conftitution of this Commonwealth, and in fuits originating there, or adjourned thither for trial by virtue of any ftatute, which trial shall be by Juries according to the course of Law, but also in fuch as are now pending therein, or fhall be brought before them by appeals, writs of error, or fuper fedeas, to reverfe Decrees of the High Court of Chancery, or judgments of the General Court, or District Courts of this Commonwealth, after thofe decifions shall be final there, if the matter in controverfy be equal in value, exclufive of cofts, to one hundred dollars, if the judgment fought to be reverfed, fhall be rendered in the District Courts, or one hundred and fifty dollars, if in the General Court or High Court of Chancery, or be a freehold or franchise; and in all other cafes therein depending at the commencement of this A&t. (d) III. IF a fufficient number of Judges to conftitute a Court fhall not attend on the first day of any Term of the Court of Appeals, it fhall be lawful for any one Judge thereof to adjourn the Court from day to day, for four days fucceffively, or until a fufficient number fhall attend, and if that fhall not happen before four of the clock on the fourth day, then the Court shall stand adjourned, and all fuits depending therein continued to the next Court. And if during any feflion after a Court fhall have been conftituted, three Judges fhall not attend to make a Court, there fhall be no difcontinuance of the Term, but the Court shall stand adjourned from day to day, till a fufficient number shall attend; By act of Dec. feffion, 1800, ch. 59, Executive probibited from remitting any fines except in cafes where they are expressly empowered by law to do jo. (a) 1788, ch. 68. (b) 1791, ch. 12. (c) May 1779, ch. zz. cb. 67, fec. 16. 1790, ch. 9, fec. 2. (4) 1788, IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 61 provided that shall happen in four days: and if it does not, then the Term and fuits fhall ftand adjourned to the next Court, as before directed. (a) IV. ALTHOUGH one or more of the Judges of the Court of Appeals be interested in the event of any fuit, matter or thing depending therein, the fame fhall be finally decided by the other Judges, if there be a number of Judges not fo interested fufficient to conftitute a Court. (b) V. IF, on an appeal from the High Court of Chancery, or on any question concerning any decree or order made therein, or proceís to be directed thereto, a majority of, or all the Judges of the Court of Appeals be interefted, then in the former cafe the remaining Judges of the Court of Appeals not fo interefted, and as many of the Judges of the General Court, as will make the number at leaft five, and in the latter cafe fo many of the Judges of the General Court not fo interested, as will make the number five at least, fhall conftitute a Special Court for the trial of fuch appeal or question. If on an appeal, writ of error, or fuperfedeas, to or from any judgment or order made in the General Court, or any queftion concerning the fame, or any procefs to be directed thereto, a majority, or all of the Judges of the Court of Appeals be interested therein, then in the former cafe the remaining Judges of the Court of Appeals, not being fo interested, together with the Judge of the High Court of Chancery, and as many of the Judges of the General Court, not being fo interested, as will make the number five at least, fhall conftitute a like Court for the purpofe aforefaid. If on an appeal, writ of error, or fuperfedeas, to or from any judgment or order made in a District Court, or any question concerning the fame, or concerning any process to be directed thereto, a majority, or all the Judges of the Court of Appeals be interested, then in the former cafe, the remaining Judges of the Court of Appeals not being interested, the Judge of the High Court of Chancery not being fo interested, and as many of the Judges of the General Court, who are not fo interested, and did not render the judgment, or direct the order, as will make the number five at least, fhall conftitute a like Court for the purpose aforefaid; and in the latter cafe, no Judge of the Court of Appeals fhall fit; but any five of the Judges laft mentioned, and not difqualified as aforefaid, fhall conAtitute a Court; Provided always, that in cafe of the sickness or other difability of the Judge of the High Court of Chancery to attend any Special Court of Appeals, fuch Court may, in any cafe, be conftituted by other Judges. (c) And provided alfo, that when any Special Court fhall be appointed for the trial of any caufe depending in the Court of Appeals, because a majority of the Judges of that Court are interested or otherwife difqualified to fit therein, in cafe of the fickness or disability of the remaining Judge or Judges of the faid Court not fo difqualified, or either of them, the remaining Judges appointed by law to hold fuch Court, or any five of the n attending may proceed to a hearing and decifion of the cause, in the fame manner as if all the Judges of the Court of Appeals, not fo difqualified, had been present. 1792. The court to determine caufes in which one or more of the judges may be interested if there remains a fufficient num ber to make a court. Special Courts of Appeals to be held for the trial of fuits in which majority of the judges of the Court of Appeals are interested. VI. WHENSOEVER a majority, or all the Judges of the Court of Appeals When and where. fhall be interested in any of the cafes above-mentioned, the fame fhall be entered of Record in the faid Court, and the Clerk thereof shall thereupon iffue a fummons to the Judge of the Hign Court of Chancery, and Judges of the General Court, requiring them, if not difqualified as aforetaid, to attend at the Capitol, in the City of Richmond, or in cafe of adjournment of the Court of Appeals to any other place, at fuch other place on the 20th day of June or November, then next following, and ftating the names of the parties, and the Court whofe decifion is to be examined. A Court constituted in any of the cafes above described, fhall hear, determine, and finally decide all fuits, procefs, matters and things fubmitted to their cognizance and jurifdiction aforefaid. (d) clerk, and other officers VII. THE Clerk of the Court of Appeals for the time being, fhall attend all To be attended by the fuch Special Courts with the Records in the cafes to fuch Special Courts com- of the Court of Appe Is, mitted, and enter the proceedings of all fuch Special Courts in the order Book and to have the fame of the Court of Appeals, and the fame thall be figned by the prefiding Judge of power of adjournment, fuch Special Court, and be certified to the Inferior Court; and the judgment &c. or decree, lentence or order of fuch Court, fhall be carried into execution in the fame manner as if the fame had been determined in the Court of Appeals. Such Special Courts fhall be attended by the like Officers with the Court of Appeals, who shall receive the like compenfation as they now do in the faid Court; and (a) 1790, ch. 9, fec. 2. (b) 1789, ch. 18. (c) 1791, ch. 11, fec. 4. (d) 1789, ch. 18, fec. 9. Amended in 1796, cb. 17. 1791, ch. 11. 1792. Caufes in the Special Oaths to be administered to the judges attending fuch Special Courts, Allowances to them for 62 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. fuch Special Courts may adjourn and do all and every act as a Court during their Seffion, which the Court of Appeals may by Law do. (a) VIII. PROVIDED always, That where any caufe fhall be pending in any fuch Special Court, and the fame fhall not be determined before there thall be a fufficient number of the Judges of the Court of Appeals qualified to make a Court for deciding the fame, fuch caufe fhall be refumed by the Court of Appeals, and be determined there, as if fuch caufe had never been committed to a Special Court. IX. EACH Judge attending in confequence of fuch fummons, fhall in open Court take an oath to do his duty as a Judge of Appeals, in the cafe or cafes on which he is fummoned, impartially and truly, without favour or affection; which oath fhall be administered by the eldest fitting Judge, and fhall then be administered to him, if he fhall not before have qualified as a Judge of the Court of Appeals by one other of the Judges. (6) X. EACH Judge attending in confequence of fuch fummons, and not difattendance and travel qualified as aforefaid, fhall be allowed for his attendance three dollars and thirtyling expenfes. three cents per day, and for travelling to and from the place of Seffion, two dollars for every twenty miles: And the Judges of the Court of Appeals, attending fuch Special Court, and not difqualified to fit therein, fhall be paid the fame allowance. (c) Court of Appeals to appoint their officers; to be attended by the sheriff of the county in which the court is holden. Judges may appoint a clerk in vacation. XI. THE Court of Appeals fhall appoint a Clerk, Tipftaff, and Cryer, the first removable for misbehaviour, in the manner directed by the Conftitution, the two others at pleasure; and shall be attended by the Sheriff of the County, in which they fit, as their Officer. (d) XII. IF a vacancy fhall happen in the office of Clerk out of the terms of the faid Court, it fhall be lawful for a majority of the Judges, by commiffion under their hands and feals, to appoint a Clerk to fill fuch vacancy. (e) XIII. THE Clerk of the faid Court fhall carefully preferve the tranfcripts of Records certified to his Court with the Bands for profecution, and all papers relative to them, and other fuits depending therein, docketing them in the or der he shall receive them, that they may be heard in the fame course, unless the Court for good caufe to them fhewn, direct any to be heard out of its turn, and fhall faithfully record their proceedings and decifions, and certify the fame to the proper Courts. (f) XIV. APPEALS, writs of error, and fuperfedeas, may be granted, heard and determined by the Court of Appeals, to and from any final decree or judgment of the High Court of Chancery, General Court and Diftrict Courts, in the fame manner, and on the fame principles, as appeals, writs of error and fuperjedeas, are to be granted, heard and determined by the High Court of Chancery, and District Courts, to and from any final decree or judgment of a County, City, of Borough Court, and the party fhall proceed in like manner, and the damages in cafe of affirmance fhall be the fame in the Court of Appeals, as in thofe Courts respectively; and the Clerk of the faid Court fhallifue the like process for fummoning the adverfe party, removing the Records, fufpending the execution, and for every other requifite purpose, making thofe alterations in the form, which are neceffary to adapt it to the cafe, as are prefcribed in the like cafes in the High Court of Chancery, and the District Courts, refpectively. (g) XV. WRITS of juperfedeas may be granted by any Judge of the Court of Appeals during vacation, the party defiring to obtain the fame, proceeding in like manner as in the cafe of a fuperfedeas to be granted by a Judge of the District Courts, to a judgment of the County Court. (b) XVI. WHERE one perfon or feveral obtain an appeal, writ of error, or fuperfedeas, bond and fecurity given by any party, or by any responsible perfon, thall be valid and fufficient. (i) XVII. WHENSOEVER any appeal, writ of error, or supersedeas, shall be granted, and a tranfcript of the Record be not fent to the Court on or before the fecond term of the Court of Appeals, after the fame fhall have been granted, fuch appeal, writ of error, or fuperfedeas, shall be dismissed, unless good cause be fhewn to the contrary. (k) XVIII AFTER the difmiffion of an appeal, writ of error, or superfedeas, (a) 1791, ch. 11. (b) 1799, ch. 7, fec. 3. (c) 1789, ch. 18. 1791, ch. 11, fec. 3. (d) May 1779, ch. 22. (e) 1788, ch. 68, jec. 8. (f) May 1779, 22. (g) 1788, ch. 68, Sec. 12. May 1779, ch. 22. (b) 1789, ch. 13, fee. 18. (i) 1788, ch. 67, fec. 92. ib. cb. 68, fec. 10. (k) 1789, ch. 18, fec. 12. |