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fuch cafe, the Judge of the faid High Court of Chancery, either in Term time or in vacation, when a bill praying a review of the proceedings in which a decree fhall have been pronounced by the faid Court, fhall be prefented to him, may upon fuch bill, and the circumftances of the cafe, as the fame fhall appear fatisfactory to him, direct proceedings on fuch decree to be flayed, until a decree on the faid bill of review fhall be made, or until the further order of the faid Judge; or the faid Judge may refufe to grant a flay of proceedings in that cafe, as to him thall feem right. Provided, That the faid Judge of the High Court of Chancery shall in either of the faid cafes direct fuch fecurity to be gi ven, and in fuch place as is ufual in the cafes of appeal and injunction, or fuch other fecurity as to him fhall feem to be reafonable.

LXI. ALL Acts and parts of Acts, within the purview of this Act, fhall be, Former Acts repealed. and are hereby repealed..

LXII. THIS At fhall commencé and be in force, from and after the Commencement of this paffing thereof.

A&.

CHAP. LXV.

A reducing into one, the feveral Acts and Parts of Acts concerning the

General Court, and prescribing the Manner of proceeding therein in ecrtain

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E it enacted by the General Affembly, That the General Court of this General Court to con

1.B Commonwealth fhall confit of ten judges, to be chofen and commilions fit of ten Jurt es: how

ed in the manner directed by the Conftitution of the Commonwealth. Any chofen & commiffioned. three of the faid Judges fhall conftitute a Court, except in cafes of impeach

ment, on which occafion a majority of the whole number fhall be neceffary.

The faid Court fhall be holden at the Capitol in the City of Richmond, or at Where to be held. fuch other place as fhall be appointed by the General Affembly, or in their Terms.

adjournment.

recefs, by the Governor, with the advice of the Council of State, on any fuch Regulations refpecting emergency as will make the adjournment lawful. The faid Court shall be holden twice in every year, namely, on the ninth day of June and the ninth day of November, or if either of those days shall be Sunday, then on the fucceeding day, and fhall continue their Seffion for fixteen juridical days at each Term, unless the bufinefs before them be fooner dispatched. If a fufficient number of Judges fhould not attend on the firft day of any Term, or on any other day during the Term, any one of the faid Judges may adjourn the Court from day to day, for fix days fucceffively, and if a lufficient number fhould not be then

able to attend, all fuits depending in fuch Court, shall ftand continued over to Oaths to be taken by the next fucceeding Term. Every perfon fo commiffioned before he enters the judges. upon the duties of his office, shall take and subscribe the oath of fidelity to the Commonwealth, and take the following oath of office, to wit:

You fall fwear that well and truly you will ferve this Commonwealth in the office of a Judge of the General Court, and that you will do equal right to all manner of people, great and small, high and low, rich and poor, according to Law, without Refpect of perfons. You shall not take by yourself, or by any other, privily or openly, azy gift, fee, or reward of gold, hlver, or any other thing, directly or indirectly, of any perfon or perfons, great or fmall, for any matter done or to be done, by virtue of your office, except fuch fees or jalary, as shall be by Lars appointed. You shall not maintain by yourself, or other, privily or openly, any plea or quarrel, depending in the Courts of this Commonwealth. You shall not deny or delay any person of common right, for the letters or request of any perfon, nor for any other cauje; and if any letter or request come to you contrary to Law, you shall nothing do for fuch letter or request, but you /ball proceed to do the Law, any fuch letter or request not wi bftan ling; and finally, in all things belonging to your faid office, during your continuance therein, you shall faithfully, jufily. and truly, according to the best of your skill and judgment, do equal and impartial Juftice, without fraud, favor, affection or partiality. So help you GOD.

Which oaths may be taken before the Executive, any Court of Record, or a By whom to be admi Juftice of the Peace, and a certificate thereof being obtained, shall enable fuch mistered.

judge to do all the duties of his office, and fach certificate shall be recorded in Penalty for acting withthe General Court, or District Court where fuch Judge shall first fit. If any out taking the oaths. perfon shall prefume to fit in Court or execute the faid office, without having

1792.

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II. THE faid Court shall appoint

70 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. taken the faid oaths, he shall for fuch offence forfeit the fum of fifteen hundred dollars. a Officers to be appointed if neceffary, a Cryer and Tipftaff, the firft removable for misbehaviour in the Clerk, one or more affiftant, Clerks, manner directed by the Conftitution, the others at pleafure; who shall be entitled to fuch fees or falaries as shall be eflablished by Law. And the Sheriff, or fo many of the Under-Sheriffs as shall be thought neceffary, of the County where fuch Court may be held, shall attend the faid Court during their Seffions. b

by the court.

Sheriff of the county in which the court fits to

attend.

Jurifdiction of the court

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May award writs of Mandamus to the dif trict courts.

Further defcription of jurifdiction.

May for good caufe di rect any fuit in a diftrict court to be tried at their own bar or in another diftrict.

Suits in which judges are parties, to be re

III. THE jurifdiction of the faid Court shall be general over all caufes, matters and things at common Law, as well criminal as civil, except in fuch cafes, as by the Conftitution of the United States of America, or of this Com monwealth, or any Statute made by the Congrefs of the faid United States, or the General Affembly of this Commonwealth, are or shall be vested in ther tribunal; in any of which cafes the jurifdiction of the General Court shall any qceafe, unless concurrent jurifdiction be thereto expressly given by this Act, or fome other Statute. The faid Court shall have jurifdiction in all causes, matters and things therein depending at the commencement of this Act; and no difcontinuance shall take place in any cafe whatsoever, by reafon of the paffing of this A&t. The faid Court shall continue to have jurifdiction, in al cafes, fuits and motions against public debtors and public defaulters of every denomination, for and in behalf of the Commonwealth. If the Judge of the High Court of Chancery shall be interested in any matter, which in the cafe of any other person would have been proper for the jurifdiction of fuch Court, it shall be lawful to institute fuch fuit in the General Court, where proceedings shall be had conformably to the principles and ufages of equity; and procefs shall be returnable as the General Court shall direct; and thereafter an appeal may be had to the Court of Appeals. Writs of fire facias may be illued from, and be tried in the General Court, upon all judgments which have been or shall be obtained therein; the faid Court may fine Sheriffs, Deputy Sheriffs, or Coroners, for not returning executions iffaed, or to be iffued from the faid Court, and enter up judgments against the faid officers, for all money or tobacco, for which they have made or shall make themfelves refpectively liable by Law upon fuch executions; may award executions upon replevy bonds, or bonds to have goods forth-coming at the day of fale; may quash exccutions if illegally or improvidently iffued or executed, and award new ones; and finally, may exercife full jurifdiction in every other legal mode neceffary for carrying into.complete execution, all judgments heretofore given, or hereafter to be given in the faid Court; any Law to the contrary, or feeming to the contrary, notwithftanding. The faid Court shall have power to hear and determine errors and matters of fact, that shall or may have happened in the proceedings depending in the faid Court. c

moved to the General Court.

Jurifdiction relative to wills, adminiftrations,

&c.

upon

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IV. THE faid Court shall have power to iffue writs of mandamus to the District Courts. c

V. THE faid Court shall likewife have jurifdiction to hear and determine motions against the delinquent fubfcribers of the Potomac and James River Companies, and for fecurities againft their principals, and for Sheriffs against their deputies and fecurities, or either of them. a

caufe depending before a District Court, to be had by a jury at their own bar, VI. FOR good caufe shewn, the General Court may direct the trial of any for which purpofe the Sheriff, or any other officer attending them, shall fummon a Jury qualified as the Law now directs in cafes of laries in the General Court; or may caufe a fuit depending in one District to be tried in ano

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shall direct a fuit depending before a Diftrict Court, in which a Judge of the
VII. UNLESS good cause be shewn to the contrary, the General Court
General Court is a party, to be removed to be tried at the bar of the General
Court. f

and determine all caufes, matters, fuits, and controverfies teitamentary, which
VIII THE General Court shall have jurifdiétion and authority to hear
shall be brought before the fame, and to examine and take the proofs of wills,
and to hear and determine the right of adminiftration of the elates of perfons
1788, ch. 67, fec. 115, 116. ibid. ch. 72, sec. 3.
(c) ibid. fec. 2. 1788; chi 67, sec. 117. ibid, chè
13, sec. §, : (p) 1788, ch. 67, sec. 1,19 and 120,

(a) Oct. 1777, fec. 2, 5. (b) Oct. 1777, ch. 17, sec.6. 69, fec. 7. (d) 1789, ch. (f) 1789, ch. 13, sec. 29.

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any other recoverable by motion

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h must certify accordingly; and duty prescribed by this auction, he forfeit, for fail of the auditor in the General Court: Sep: a

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