IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH.. 713 dying inteftate, and to do all other things concerning wills and administrations, according to Law. a 1792. proved in the district or county courts. IX. THE faid Court shall have power and authority to receive probat of Deeds partly proved," all deeds whatsoever, concerning lands in any part of this Commonwealth, to may be either fully prov iffue commiffions for the privy examination of any feme cover?, and to admit the ed therein, or delivered fame to Record, as alfo to receive proof of any other deed or inftrument of to the parties to be fully writing whatfoever, and to admit the fame to Record therein, if they shall be of opinion that the fame is proper to be done. A deed for lands now or at any time hereafter partly proved in the General Court, may either be fully proved there, or shall be delivered by the Clerk thereof to any perfon authorised to demand the fame, with an endorsement of the proof made, and it may be fully proved and recorded in the Court of the District or County in which the tands lie. a journed cafes. X. IF a queftion of Law in any criminal cafe be adjourned to the General Rules refpecting adCourt by any District Court, the fame may be therein argued and determined, although fuch criminal be not prefent. a XI. ON the adjournment of any question of Law in any civil fuit, the faid Court shall hear, determine, and certify fuch their determination on the fame, to the Court from whence the queftion was adjourned; but no cofts shall be incurred on any adjourned question. b The court to direct the appearance day. XII. ALL original process to bring any perfon or perfons to answer in any Rules respecting process action or fuit, information, bill or plaint, in the faid Court, and all fubfequent process thereon, all attachments or other writs of what nature foever a warded by the faid Court, shall be iffued and figned by the Clerk of the faid Court in the name of the Commonwealth, shall bear teite by the Clerk, and be returnable on the firtt day of the next fucceeding Court, except fubpanas for witneffes; and all fuch procefs may be executed at any time before the return day, except in fuch cafes wherein it is otherwife directed by Law. c XIII. THE appearance day to all writs and process awarded by the faid Court, shall be according to the direction thereof. d XIV. THE Sheriff for the time being of the County in which the Gene- Grand jury to be fum. ral Court shall be held, fhall before every meeting of the General Court, fum- moned. mon twenty-four Freeholders of this Commonwealth, qualified as the Law di- Proceedings on indie. reets for Grand Jurors, to appear at the fucceeding General Court on the firftnts, prefentments, day thereof, which the Sheriff is hereby empowered to do, as well without his County as within the fame, and the faid twenty-four men, or any fixteen of them thall be a Grand Jury, who fhall be worn to enquire of and prefent all offences against the Commonwealth, which are cognizable in the faid Court. And if an indictment shall be found or prefentment made of any fuch offence, the like proceedings shall be thereupon had to bring the party accufed before the Court, as on indictments and prefentments in the District Courts, having regard to the nature of the offence. XV. THE rules and proceedings in the General Court, in all cafes, not otherwife fpecially directed, shall be the fame as in the District Courts in fimilar cafes, and the faid Court shall have the fame power of awarding and refufing colts, as the District Courts have in like cafes. XVI. THE keeper of the public jail, shall conftantly attend the General Court, and execute the commands of the Court. e XVII. THE Clerk of the General Court shall annually before the laft day of January, tranfmit to the Sheriff of each County within this Commonwealth, a lift of all fines impofed by the faid Court in the year next preceding, to the ufe of the Commonwealth, on perfons refiding in fuch County, and the Sheriffs shall refpectively proceed to collect, levy, account for, and pay the fame in like manner, and fubject to the fame remedy and proceedings against them for default as is or shall be directed in cafe of public taxes, being allowed in their accounts for infolvents, and five per centum commiffions; and the faid Clerk shall tranfmit copies of fuch lifts to the Auditor, to enable him to call the Sheriffs to account. ƒ Keeper of the public jaių to attend the court. The clerk to tranfmit lifts of fines impofed by the court to the sheriffs. XVIII. ALL and every Act, claufe and parts of Acts, within the purview Former acts repealed. of this Act, shall be, and are hereby repealed.. XIX. THIS A&t shall commence in force, from and after the paffing thereof. Commencement of this [a] 1789, ch. 13, sec. 4 8 9 27. [b] 1789, ch. 67, sec. 17. [c] Oct. 1777, cb. 37, sec. 7. [+] Oct. 1777, ch. 17, 67, Jec. 132. 1788, ch. 67, sec. 23 118. [d] 1789, cb. 13, sec. 31. 1788, ch. act. The commonwealth divided into districts, and a fuperior court to be held in each at certain places and on certain days. CHAP. LXVI. An Act reducing into one, the feveral Acts concerning the Establishmṛnt, Jurif diction, and Powers of Diftrict Courts. I. [Paffed the 12th of December, 1792.f] BE it enacted by the General Affembly, That this Commonwealth shall be divided into Districts, and a Superior Court holden in each, in the manner, and at the times and places herein after mentioned; that is to fay:The Counties of Henrico, Hanover, Chesterfield, Goochland, and Powhatan, shall compofe one Diftrict, and a Court shall be holden for the fame at the Capitol in the City of Richmond, on the first day of April, and the first day of September. in every year; the Counties of James City, Charles City, New-Kent, Surry, Gloucefter, Mathews, York, Warwick, and Elizabeth City, shall compofe another District, and a Court shall be holden for the fame at the City of Williamsburg, in the former Capitol, on the twenty-ninth day of April, and the twenty-ninth day of September, in every year; the Counties of Richmond, Westreland, Lancaster, and Northumberland, fhall compose another Ditria, and a Court shall be holden for the fame at Northumberland Court-house, on the first day of April, and firft day of September, in every year; the Counties of Effex, Middlefex, King Queen, and King William, fhall compofe another Dif trict, and a Court shall be holden for the fame at King & Queen Court-house, on the fifteenth day of April, and fifteenth day of September, in every year; the Counties of Sportfylvania, Caroline, King George, Stafford, Orange, and Culpeper, shall compose another District, and a Court shall be holden for the fame at Fredericksburg, on the twenty-ninth day of April, and the twenty-ninth day of September, in every year; the Counties of Frederick, Berkeley, Hampshire, Hardy,(a) and Shenandoah, shall compofe another District, and a Court shall be holden for the fame at Winchester, on the fifteenth day of April, and the first day of September, in every year; the Counties of Angata, Bath, Rockbridge, Rockingham, and Pendleton, shall compofe another District, and a Court shall be holden for the fame at Staunton, on the first day of April, and the first day of September, in every year; the Counties of Albemarle, Louisa, Fluvanna, and Amberft, shall compofe another District, and a Court shall be holden for the fame at Charlottesville, on the fifteenth day of April, and the fifteenth day of September, in every year; the Counties of Fairfax, Fauquier, Loudoun, and Prince William, shall compofe another District, and a Court shall be holden for the fame at Dumfries, on the twelfth day of May, and the twelfth day of Ortober, in every year; the Counties of Harrifon, Monongalia, Ohio, and Randolph, shall compofe another District, and a Court shall be holden for the fame at Monongalia Court-houfe, on the third day of May, and the twentieth day of September, in every year; the Counties of Washington, Ruffell, and Wythe, shall compofe another District, and a Court shall be holden for the fame at Washing-ton Court-house, on the fecond day of May, and the fecond day of October, in every year; the Counties of Norfolk, Ifle of Wight, Princess Anne, Nanfemond, and Southampton, shall compofe another District, and a Court shall be holden for the fame at Suffolk, on the twelfth day of May, and the twelfth day of October, in every year; the Counties of Prince George, Suffex, Dinwiddie, Nottoway, and Amelia, shall compofe another District, and a Court shall be holden for the fame at Petersburg, on the fifteenth day of April, and the fifteenth day of September, in every year; the Counties of Brunfwick, Greenfville, Lunenburg, and Mecklenburg, shall compofe another Diftrict, and a Court shall be holden for the fame at Brunswick Court-house, on the twenty-ninth day of April, and the twenty-ninth day of September, in every year; the Counties of Prince Edward, Buckingham, Charlotte, Halifax, and Cumberland, shall compose another Dif trict, and a Court shall be holden for the fame at Prince Edward Court-house, on the first day of April, and the first day of September, in every year; the +1788, ch. 67. See acts of 1795, ch. 13. [a] By act of 1796, p. 41, Hamphire, Hardy & Pendleton formed into a separate district, a court to be held on 5th May and 5th Sept.-and by another act of '96, pa. 21, Dift. Ct. of Dumfries to be held on 18th May and Oct. and may fit 15 days-Winchester Dift. Ct. to be 15th April and 29th Sept.-Morgan Town Dift. Ct. on 15th May & Sept. --Brunswick Dift. Ct. on 24 Mag ana Oct. By the above mentioned act of '95, pu. Fredericksburg, Winchester and Petersburg may also fit 15 days. beld IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 73 Counties of Bedford, Campbell, Franklin, Pittsylvania, Patrick, and Henry, shall compose another District, and a Court shall be holden for the fame at New-London, in the late Court-houfe of Bedford County, now belonging to James and John Callaway, who have agreed to put the fame in repair, at their own expente, for the ufe of the District Court, fo to be holden in New-Lon ten, on the fifteenth day of April, and the fifteenth day of September, in every year; the Counties of Accomack, and Northampton, shall compofe another Diftrict, and a Court shall be holden for the fame at Accomack Court-houfe, on the fourteenth day of May, and the fourteenth day of October, in every year; the Counties of Greenbrier, Botetourt, Montgomery, (a) and Kanauha, shall compofe another Diftrist, and a Court shall be holden for the fame at Lewisburg in Greenbrier, and Botetourt Court-houfe, alternately, on the eighteenth day of May, and the eighteenth day of October, in every year, until the Proprietor of the Sweet Springs shall erect a fufficient Court-houte and Prifon for the purposes of this Act, after which time the Sweet Springs shall become the Seat of the Dikrift Court. And if any of the faid feveral days be Sunday, the Courts shall in that cafe refpectively begin on the fucceeding day. Each Court shall it, if bufinefs 1703. require it, twelve days fucceffively, Sundays exclufive (unlets fuch fitting shall in Length of the Seffort. terfere with some other District Court in the fame circuit) and no longer, and shall be a Court of Record. b II. THOSE Counties which shall hereafter be made, shall, if taken from Counties hereafter made one County, or from two or more Counties lying in the fame District, remain to what distret, to be in the District to which they formerly belonged; and if taken from two or annexed. more Counties lying in different Districts, the Counties fo to be made, shall be annexed (anlefs it be otherwife declared by the Legislature) to fuch of the Dif tricts in which the old Counties lie, as shall be approved by the Executive, fubject to the revifion of the General Affembly. c Court. III. IT shall be the duty of two of the Judges of the General Court to at- Two of the judges of tend each District Court at their refpective Terms; and the faid two Judges the General Court to shall conftitute a Court for fuch District. In cafe of a temporary appointment attend each District of a Judge made by the Executive, fuch Judge shall take the place of him in whofe ftead he was appointed: Provided nevertheless, that if any one of the faid Judges shall not attend the Court, to which he shall be fo allotted, in fuch cafe the other Judge shall conftitute a Court, under the restrictions herein-after mentioned. d Courts. And may act as fuch, without ofving as a judge or - General Court. IV. EACH Judge of the General Court, befides the oaths required by Each judge of the Ce Law to be taken by him as fuch, shall take another oath as Judge of the Dif-neral Court to qualify as trict Courts, in the fame form as that prescribed by Law for a Judge of the a judge of the District General Court, changing the words " General Court," for " District Courts;" which oaths may be taken before the Executive, any Court of Record, or a Juftice of the Peace, and a certificate thereof being obtained, shall enable him to do all the duties of office, and to act as a general Confervator of the Peace throughout the Commonwealth. Such certificate shall be recorded in the Ge neral Court, or District Court where fuch Judge shall firft fit. Any perfon appointed a Judge of the General Court may act as a Judge of the Dilrict Courts, without having taken the oaths as a Judge of the General Court. Any Judge Penalty for acting as a who shall fit as a Judge of a District Court, without having taken the oaths judge of the District herein required to be taken by him, shall forfeit the fum of fifteen hundred Courts without qualidollars, to be recovered by action of debt or information in any Court of Re-fying as fuch cord, one half to the ufe of the Commonwealth, and the other half to the use of the Informer. e V. Ir neither of the Judges shall attend on the first day of any District Regulations refpecting Court, fuch Court shall ftand adjourned from day to day until a Court shall be adjournment of the made, if that shall happen before four of the clock in the afternoon of the courts and continuance fixth day. Ifa Court shall not fit in any Term, or shall not continue to fit the of caufes when they whole Term, or before the end of the Term shall not have heard and deter- do not fit or do not finish the business. mined all matters ready for their decifion, all fuch fuits and things depending in Court and undecided, thall stand continued to the next fucceeding Term. If from any cause the Court shall not fit on any day in a Term after it shall have (a) Montgomery added 1789, cb. 56. (b) Some lengthened by act of 1796, a. 21. (c) 1738, ch. 67, fec. 3. (d) 1788, ch. 67, fec. 4, much altered: by above fec. allotments were directed. (e) 1788, ch. 67, fec. 6. 7. 1789, ch. 13, fec. 12. (f) 1783, ch. 67, Sec. 8,9. L |