thofe erected for the ing or buildings, until the building or buildings fo deftroyed fhall be re-built. purpose are destroyed. Provided always, that the Court of Appeals, High Court of Chancery, and General Court, shall continue to be holden in fuch cafe, in the City of Richmond; the District Courts in the Counties in which they are appointed to be holden by Law; and the County and Corporation Courts within their refpective Coun ties and Jurifdictions a Provifo. Repealing claufe. VI. ALL and every Act and parts of Acts, within the purview of this Act, hall be, and the fame are hereby repealed. VII. THIS A& fhall commence and be in force, from and after the paffing thereof. CHAP. LXIX. An Act to reduce into one, the feveral As declaring rubo fhall be Confervators of E it enacted by the General Affembly, That the Judges of the Court of B Who fhall be conferva- I. Appeals, High Court of Chancery, and General Court, fhall be Con tors of the peace. May demand of perfons of evil fame, fecurity of their good behaviour. Repealing claufe. Commencement of this act. fervators of the Peace throughout the Commonwealth; and the Justices of the Peace in each County and Corporation fhall be Confervators of the Peace within their feveral Counties and Corporations, refpectively; and the faid Judges and Juftices within the limits aforefaid, refpectively, thall have power to demand of fuch perfons as are not of good fame, fufficient furety and mainprize of their good behaviour. II. EVERY A&t, claufe, and part of any Act, within the purview of this Act, shall be, and the fame is hereby repealed. III. THIS Act fhall commence and be in force, from and after the pafsing thereof. CHAP. LXX. An Act to reduce into one, all Ats and Parts of Acts respecting County and Corporation Clerks. Clerks of county and o- I. ther inferior courts, how qualified. Penalty for acting without qualifying. How punished for making falfe entries or al tering records. [Paffed the 2d of November, 1792.] Bit enacted by the General Tout every per her art Clerk or Deputy-Clerk of fuch Court, fhall at the time of his admiffion, or appoint- I, A. B do fwear that I will well and truly exercife the office of al cording to the beft of my skill and judgment, making due entries and record of all orders, judgments, decrees, opinions or proceedings of the Court, and carefully filing and preferving in my office, all books and papers whatsoever, which fall be deliver ed me in charge, or other wife come to my bands or poffeffion by virtue of my faid of fice; and that I will not wittingly or willingly commit any malfeafance of office, but in all things and at all times keep my faid office free and acceffible to every per jon baving a right or claim to bufinefs therein, and faithfully execute the duties there of, without favor, affection, or partiality. So help me GOD. And if any perfon fhall prefume to execute the office of Clerk or Deputy Clerk of any County, or other Inferior Court, without taking fuch oath, he thall forfeit and pay fifteen hundred dollars, and fuffer one year's imprisonment without bail or mainprize. c II. IF any Clerk fhall wittingly make any falfe entry, or rafe, alter or change any record in his keeping belonging to his office, every fuch Clerk fo offend ing fhall beamerced and imprifoned at the difcretion of a Jury ; and fhall moreover be liable to the action of the party grieved. And if any judgment be reParty injured, how to verfed, by reafon of any fuch falfe entry, rafure, alteration, or change, the par ty grieved may fue by writ of error, or otherwife according to Law, if he fee it expedient for him. ď be relieved. Bond and fecurity to be III. EVERY Clerk of a County or other Inferior Court fhall, at the time given by clerks when of his appointment and qualification as aforefaid, enter into bond, with fecurity, appointed. to be approved of by the Court, in the penalty of three thousand dollars, payCondition. able to the Governor and his fucceffors, for the time being, with condition for (a) 1788, ch. 73." (b) 1789, ch. 30, fec. 16. (c) Oct. 1784, ch. 60, fec. 2. (d) Stat. 8. R. z, ch. 4. 1792. To be tranfmitted to ÎN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 95 the due and faithful execution of his office, and that he will not remove or carry, or fuffer to be carried or removed out of the County or Corporation, the records and papers of the Court whereof he is Clerk, or any part thereof, except in cafes allowed by Law; which bond fhall by fuch Clerk be tranfinitted within three months to the Clerk of the Court of the District in which the faid Coun- the clerks of the Dif ty or Corporation may be, to be by him registered and preferved among the trict courts. papers of his office, and may be profecuted upon against any fuch Clerk and his fecurities, in the name of the Governor, or his fucceffors, for the use of any perfon or perfons who fhall or may be injured, at his, her, or their cofts and charges, who fhall and may recover all damages which he, the, or they may have fuftained by reafon of the breach of the condition of the faid bond; and fuch bond fhall not become void upon the first recovery, or if judgment fhall be given a gainst any Plaintiff or Plaintiffs who fhall fue on fuch bond, but may be put in fuit and profecuted from time to time, for the benefit and at the proper cofts and charges of any party injured, until the whole fum of three thousand dollars, the penalty expreffed in fuch bond, fhall be recovered; and fuch Clerk failing to tranfmit fuch bond to the Clerk of the faid Diftris Court for the time being, Penalty on clerks for within the term aforefaid, fhall forfeit and pay three hundred dollars, or prefuming to execute his office without entering into fuch bond, shall forfeit and pay fix hundred dollars, and fuffer three months imprisonment. a IV. IT fhall not be lawful for the Court of any County or Corporation, or the Clerk of any fuch Court, to remove, or cause to be removed, the records and papers of the fame, or any part thereof, without the County or Corporation, except in cafes of actual invafion or infurrection; where in the opinion of the Court the fame will be endangered, or where for want of fuch opinion, occafioned by the fuddennefs of the alarm or danger, the Clerk fhall at his own difcretion remove the fame, returning them as foon as the alarm or danger ceafes, or except alfo in other cafes heretofore provided for by Law; any Member of a Court, or Clerk of the fame, offending herein, fhall forfeit and pay fix hundred dollars. b failure. Records of County courts not to be removed out of the county, except in invafions or infurrections. V. EVERY Clerk appointed fince the fourth day of June, one thoufand Clerks appointed fince feven hundred and feventy-fix, fhall refide within the County or Corporation in June 1776, to refide in which he shall hold his office; and every Clerk of a County or Corporation their count.cs. Court, fhall keep his office at the Court-houfe of the County in which he refides, cr at fuch other convenient place, as the Court of the County or Corporation may direct, under penalty of being incapacitated therefrom, by information in the General Court. Provided always, that the Clerks of County and Corpo ration Courts may keep their feveral offices at any place within their refpective Counties or Corporations, until otherwife directed by their Courts as aforefaid, Where the clerks of and until an office built with brick and covered with tile, lead, or flate, with fo county courts shall keep much land as the Court fhall judge neceffary thereunto appurtenant, fhall be pro- their offices. vided for the use of the faid Clerks and their fucceffors, at the expenfe of their Counties or Corporations refpectively, to be affeffed in their levies. b VI. ALL the penalties by this Act impofed, fhall be profecuted for, and re- Penalties how to be recovered by bill, plaint, or information, in any Court of Record, one moiety to covered. the ufe of the Informer, and the other moiety to the ufe of the Commonwealth. 6 VII. THE Clerks of the feveral Courts aforefaid, fhall refpectively, on or When the clerks are to before the first day of April, and firft day of October, in every year, account for account for the public on oath, and pay into the Public Treatury, all the monies which by an Act, monies received by intituled, "An Act to reduce into one, the feveral Acts concerning the public Re- them. venue," they are authorised to receive, after a deduction of five per centum Punishment in cafe of therefrom, as a commiffion for the fervice thereby impofed, and in cafe of fraud fraud therein. herein by any Clerk, he fhall, on conviction thereof, be deprived of his office.c VIII. WHENSOEVER the Court of any County or Corporation within How a clerk is to be apthis Commonwealth fhall be fo divided in the appointment of a Clerk, that pointed when the court neither of the Candidates fhall be elected, the High Sheriff of fuch County, or is equally divided. the prefiding Magiftrate of fuch Corperation Court, fhall decide in favor of one of thofe Candidates, between whom the Court fhall be divided. d IX. THE Juftices of the feveral County and Corporation Courts, fhall annually appoint two or more fit perfons of their number, to infpect the Clerk's office of their County or Corporation, and to report to the next Court, the condition in which they find the Papers and Records. e + By former law directed to be tranfmitted to Clerk of Council. Much altered from former law. (a) 1784, ch. 60, fec. 3. (b) 1784, ch. 60, jeɛ. 4, 5. (c) 1784, ch. 47, fec. 4. (d)1787, ch. 23, fec. 1, 2. Alittle amended. (e) 1745, ch. 1. fer. 14. Clerks offices to be annually infpected. Clerks to keep lifts of executions in books, and constantly carry them to their court. Repealing claufe. Commencement of this act. X. THE Clerk of every County or Corporation Court, fhall enter in a docket or book to be kept by him for that purpofe, a lift of all executions by him iffued, the name of the perfon to whom delivered, and what return is made thereon, in cafe the fame be returned, and fhall conftantly carry the faid book to his Court. a XI. ALL and every Act and Acts, or parts of Acts, within the purview of this Act, fhall be, and the fame are hereby repealed. Provided always, that nothing in this Act contained, fhall be conftrued to repeal any Act heretofore made, for fo much thereof as may relate to any offence committed or done before the commencement of this Aft. THIS Aft shall commence and be in force, from and after the pass XII. CHAP. LXXI. An At concerning Counsel and Attornies at Law.† [Paffed the 19th of November, 1792.] Method of obtaining a I. FOR prefcribing the mode of licenfing Counsel and Attornies at Law, regulating their practice, Be it enacted by the General Assembly, Counsel and attornies, how qualified. That before any perfon fhall be licensed to practife as Counfel or Attorney at Law, in any of the Courts of this Commonwealth, he shall produce to those authorised hereby to grant licenfes, a certificate from the Court of that County, where he hath ufually refided for the last preceding twelve months, that he is a perfon of honeft demeanor, and is upwards of twenty-one years of age; and three of the Judges of the Superior Courts upon fuch certificates being produced to them, may, and they are hereby authorised and empowered, to grant to the perfon producing the fame, a license under their hands and feals, to practife the Law in the Superior and Inferior Courts of this Commonwealth, if after examination they fhall be of opinion that he is duly qualified. b II. EVERY Counfel and Attorney before he fhall be permitted to practise in any of the Courts of this Commonwealth, fhall firft produce his licenfe in each Court where he intends to practise, and in the presence of fuch Court shall give affurance of fidelity to the Commonwealth, and fhall moreover take the following oath of office, to wit: I, A. B. do folemnly fwear, that I will honeftly demean myself in the Practice of the Law, as Counfel or Attorney, and will in all refpects execute my office, according to the best of my knowledge and abilities. b Penalty for practising faid Courts without a licenfe first obtained as aforefaid, or without qualifying If any perfon fhall prefume to practife as Counsel or Attorney in any of the without qualifying. Who incapable of obtaining a license or practising. Attornies may be fufpended or vacated for mal-practices. himself in fuch Court in the manner before directed, he fhall for every fuch offence forfeit and pay the fum of one hundred and fifty dollars for every cause he fhall profecute or defend in any of the faid Courts; one moiety to the ufe of the Informer, the other moiety to the ufe of the Commonwealth, to be recovered by action of debt in any Court of Record. c III. EVERY perfon that hath already been, or shall hereafter be convicted of any felonious crime, shall be incapable of obtaining fuch licenfe, or if licenfed, the Judges of any Court, in which fuch perfon may practise, on proof thereof being made to them, may fuperfede his license, c IV. IF the Judges of the General Court, either in the General Court or Licen'es of Counfel and Diftrict Courts, from their own obfervation, detect any mal-practice in either of the faid Courts, in any Counsel or Attorney of thofe Courts, or either of them, or if a complaint in writing be made to them of fuch mal-practice in the faid Courts, or in the Court of any County or Corporation, the party accufed fhall be fummoned to fhew caufe why an information should not be filed against him. And if fuch information fhould be ordered, and the Counsel or Attorney thus offending, should be found guilty of the matter therein charged, the faid Judges either in the General Court or District Courts, as the cafe may happen, may either fufpend his license, during a certain time, or vacate it altogether, as they fhall judge moft proper. The Judges of the Court of Ap (a) 1764, ch. 6. fec. 11. By act of 1799, ch. 23, attornies profecuting on be half of Commonwealth, to be appointed by the courts, (6) 1786, ch. 56. (c) 1761, ch. 3, fec. 3, 4. |