cos can not

ment. 2. Wark :

Supersedea
ipue before Judgment.
Anderson. 194. – No writ of Enor lies to judgment

General Court, after five years from the rendering therefr

The

the recon

and

have the Appeal des=

rmed. 1. ball. 0241.

mised; but he can not have the judgment afferme Appellee may bring up

1792.

Caufes in the Special
Courts when to be re-

fumed by the Court of
Appeals.

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 cause shall be pending in any fuch Special Court, and the fame fhall not be determined before there shall 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 Special Court.

a
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 coniequence 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.

Duty of the clerk.
Rule in docketing
Caules.

Jurifdiction of the court with refpect to appeals, writs of error, fuperfedeas, &c.

XI. THE Court of Appeals fhall appoint a Clerk, Tipftaff, and Cryer, the first removable for mifbehaviour, in the manner directed by the Conftitution, the two others at pleasure; and fhall 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 order he shall receive them, that they may be heard in the fame course, unless the Court for good cause 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 District Courts, in the lame manner, and on the fame principles, as appeals, writs of arror and fuperfedeas, 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, or 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 procefs for fummoning the adverfe party, removing the Records, fufpending the execution, and for every other requifite purpofe, 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 juperfideas 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 Dif trict Courts, to a judgment of the County Court. (4)

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 person, thall be valid and fufficient. (¿)

XVII. WHENSOEVER any appeal, writ of error, or fuperfedeas, fhall 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 fuperjedeas, fhall be difmiffed, unless good caufe 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, p. 22. (g) 1788, ch. 68, fec. 12. May 1770, cb. 22. (b) 1789, ch. 13, sec. 18. (i) 1788, ch. 67, fec. 92. ib. cb. 68, fec. 10. (k) 1789, ch. 18, fec. 12.

Wit of Supersedear

not.

: issue before Judgment . 2. Wark. Burwell vs : Anderson. 194. – No writ of Ever lie, to judgment of General Court, after five years from the rendering theref

އނ .

Com: 1.

.

1949

The

Appelter he can not have the judgment affirmed. 1. Call. 0241.

bring up the record, and have the Appeal des

mised;

but

in the Court of Appeals, no appeal, writ of error, nor fuperfedeas fhall be allowed. (a)

peals, &c. none others

to be allowed.

XIX. A CLEAR and concife ftate of the cafe of each party in an appeal, Cafes to be stated and writ of error, or fuperfedeas, with the points intended to be infifted on, figned printed for the Judges. by his counfel and printed, the expenfe whereof fhall be taxed in the bill of cofts, shall be delivered to every Judge time enough before the hearing, for his

confideration; but the Court, if this be neglected, may nevertheless hear and Judgments of the court determine the matter, and may give fuch decree or judgment, if it be not af- how to be rendered. firmed or reversed in the whole, as the Court whofe error is fought to be corrected ought to have given, (affirming on thofe cafes where the voices on both fides fhall be equal, with an allowance of the cofts of appeal to the party prevailing) to be certified to the Court from which the matter was removed, who shall enter it as their own, and award execution thereupon accordingly. (6) XX. IT shall not be lawful for the High Court of Chancery, or General Court, to remove before the Court of Appeals, by adjournment, any question, matter or thing, whatsoever. (c)

XXI. THE Judges of the Court of Appeals shall direct the form of writs from time to time in fuch manner as shall feem advisable. (d)

XXII. ALL Acts and parts of Acts, within the purview of this Act, shall

be, and are hereby repealed.

No queftion to be re

to the Court of Appeals.

moved by adjournment

The judges to direct the

forms of writs.

Former acts repealed.

XXIII. THIS Act shall commence and be in force, from and after the pass- Commencement of this ing thereof.

CHAP. LXIV.

An At reducing into one, the feveral Ats concerning the High Court of

Chancery.t

[Paffed the 29th of November, 1792.]

E it enacted by the General Affembly, That the High Court of Chancery

directed by the Conftitution of this Commonwealth.

II. THE faid Court fhall be holden at the Capitol in the City of Richmond, or at fuch other place as fhall 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. (e)

aЯ.

III. THE faid Court fhall be holden three times in every year, namely, on the first day of March, on the twelfth day of May, and on the tenth day of Terms. September; but if either of thofe days happen on a Sunday, on the day following. The Seffion in March fhall continue eighteen, and the Seffions in May and September twenty-four juridical days fucceffively, unless the bufinefs depending before the faid Court fhall be fooner dispatched. (f)

IV. IF the Judge shall not attend on the first day of the Term, fuch Court fhall ftand adjourned from day to day until a Court be made, if that fhall happen before four o'clock in the afternoon of the fixth day. (g)

journed from day to

The court to be ad

day for fix days when the judge does not at

the court does not fit,

V. IF a Court shall not fit in any Term, or fhall not continue to fit the whole Term, or before the end of the Term fhall not have heard and determin- tend. ed all matters ready for its decifion, all fuits, matters and things depending in Caufes to be continued Court and undecided, fhall ftand continued to the next fucceeding Term. If to the next term when from any cause the Court fhall not fit on any day of the Term after it fhall have or does not finish the been opened, there fhall be no difcontinuance; but fo foon as the cause is re- bafinefs. moved, the Court fhall proceed to bufinefs until the end of the Term, if the bufinefs depending before it be not fooner difpatched.

VI. EVERY perfon fo commiffioned before he enters upon the duties of his office, fhall take and fubfcribe the oath of fidelity to this Commonwealth, and take the following oath: (b)

You shall fwear that well and truly you will ferve this Commonwealth in the office of Judge of the High Court of Chancery, and that you will do equal right to all manner of people, great and fmall, bigh and low, rich and poor, according to equity and good confcience, and the Laws and ufages of Virginia, without refpect of perjons (a) 1789, ch. 18, fec. 12. (b) May 1779, ch. 22. (e) 1789, ch. 18, fec. 1. (d) 1788, ch. 67, fec. 22.

By act of Dec-feffion, 1801, pa. 12, ch. 14, three fuperior Courts of Chancery are established.

(e) 1788, cb. 6g. (f) 1790, ch. 12. 1791, ch. 12. (g) 1788, ch. 69. (b) 09.1777, ch. 15, fec. 1.

Oaths to be taken by the judge.