Gambar halaman
PDF
ePub

consist of twelve

ing to the said district courts of law holden as aforesaid in their said counties; and in default of the present clerks of the said district courts of law making the arrangements and transmitting the papers in causes depending in their courts, as is required by the preceding section, the clerks hereby appointed to receive the said papers shall arrange and transmit the same as aforesaid; and all clerks, for making the said arrangements and transmitting causes into counties. as aforesaid, shall receive such compensation therefor as the judge of each superior court, to which the said causes may be transmitted, shall in his discretion allow. In order to provide a judge for each of the said circuits,

9. Be it further enacted, That quarterly courts shall be holden Quarterly court for the county of Cumberland in the month of May, instead of April, changed. in every year; for the county of Accomack, in the month of February, instead of March, and in September, instead of August, in every year; and for the counties of Campbell, York and Pittsylvania, in the month of June, instead of May, in every year.

10. Be it further enacted, That from the commencement of this General court to act the general court shall consist of twelve judges.

judges. 11. Be it further enacted, That so soon as two additional judges Governor to alloc

the judges. shall be appointed and qualified in pursuance of this act, the governor with the advice of council, shall proceed to allot one judge of the general court to each of the circuits hereby established, who shall perpetually hold the superior court within the same thereafter; and whenever thereafter a vacancy shall happen in the general court, the person appointed to supply the same shall after his appointment reside in the circuit to which bis predecessor shall have been allotted.

12. Be it further enacted, That so soon as the allotment afore- Governor to in. said shall be made, the governor shall inform the several judges to their allotmeot. which of the circuits they shall have been severally allotted ; and Judges to appoint each of the said judges shall thereupon proceed by deed under his clorks. hand and seal, to appoint a clerk for each of the superior courts within bis circuit, except the superior court of that county in which a district court may have been holden within the same, the clerk whereof shall be the clerk of the superior court of that county in which such district court shall have been holden. And the appointments so to be made shall; on or before the first day of March next, be certified by the judges to the several county courts, who shall proceed to take such bond from the said clerk, and administer such oaths to him as were heretofore required in the case of the clerks of district courts.

13. Be it further enacted, That the clerks of the sereral courts Clerks may aphereby established shall have power to appoint deputies, with the point deputies. approbation of their several courts, who shall be qualified as deputies of the county clerks are usually qualified; and thereupon such deputies shall have full power and authority to do and perform all the several acts and duties enjoined upon their principals.

14. Be it further enacted, That each judge of the general court Judge may change shall have power, on motion made, and for good cause shewn at the bar of any superior court within his circuit, to change the venue in any cause depending in either of the courts hereby established within his circuit, so that such change be to some other court within the same circuit. But the general court shall have power as heretofore to change the venue from circuit to circuit.

the venue.

.

cuted to be exe. cuted by the circuit courts.

courts.

Bont.

Judgments unexe

15. Be it further enacted, That all judgments rendered in the district courts before the first of January next, which shall, on that day, be wholly or in part unexecuted, shall be executed by the re

spective superior courts of those counties in which the same shall Judgments of have been rendered; and every judgment rendered by the court of to certified to said appeals, after the said first day of January, upon any appeal, writ

of error or supersedeas at law, shall be certified to the superior court of that county in which the first judgment shall have been rendered. And the power and duties of the said last mentioned court, and of the clerk thereof, shall be the same in relation to such judgment, as the power and duties of the district court and the clerk thereof

would have been if this act had never been passed. Where venue has 16. Be it further enacted, That every cause in which the venue to operation of this hath been or shall be changed by the general court prior to the said act, to he tried in first day of January, and which shall remain untried on that day,

where

shall be tried by the superior court of that county to which the same shall have been removed. And the superior courts of those counties in which the respective district courts are now holden, shall have jurisdiction to try all such causes as on the first day of January next shall remain on the dockets thereof, and which shall not be trans

mitted to some other county for trial by virtue of this act. Papers, when to 17. Be it further enacted, That all the papers hereby directed to bo delivered to clerks.

be certified by the clerks of district courts to the clerks of the courts hereby established, shall be delivered to the last mentioned clerks on or before the first day of March, in the year one thousand eight hundred and nine, who shall thereupon proceed 10 prepare dockets for the first terms of their respective courts.

18. Be it further enacted, That it shall be lawful for the clerks issue " process, and of the district courts to issue all such original writs or process how to be returu- thereon until the first day of March aforesaid, directed to the seve

ral sheriffs or coroners within their respective districts, as they might heretofore have lawfully issued; but all such writs or process thereon as would have been returnable to the district couris, shall by the several sheriífs and coroners be returned into their several superior courts in the same manner as if the same had been made there

returnable. Town court of le 19. Be it further enacted, That the town and borough court of der jurisdiction of Petersburg shall be under the jurisdiction of the superior coort of

Dinwiddie, and the city and borough court of Williamsburg shall be under the jurisdiction of the superior court of James City county ; and the clerk of the district court of Williamsburg shall be the clerk

of the last mentioned superior court. Acts regulating 20. Be it further enacted, That all acts and parts of acts herefurce, &c. tofore passed and now in force, in respect to the district courts, their

clerks and other officers, shall be in force as to the superior courts hereby established, and their clerks and other officers; and their

respective powers, duties and rules of proceeding shall be the same. Repealing clauso.

21. All acts and parts of acts coming within the purview of this act, shall be, and the same are hereby repealed.

22. This act shall commence and be in force from and afier the first day of January next.

Clerks of district

Dinwiddie.

district courts in

Commencement.

county courts.

oath.

Caap. 4.-An ACT supplemental to the act, entituled, “ An act to organize and establish a superior court of law in each county of this commonwealth.”

(Passed February 10, 1808.) 1. The judge of the superior court of each county shall make Judges to make alsuch allowance to the clerk thereof, for his services in behalf of the lowance to clerks

for public services. commonwealth, as may be deemed reasonable: Provided, The same shall not exceed thirty dollars for any one year. An allowance or And to sheriffs and

jailors. compensation shall be made in like manner to the sheriffs and jailors of the superior courts of counties for their services for the commonwealth : Provided, No sheriff of any one of the said courts shall be allowed a sum exceeding twenty dollars, and no jailor thereof a sum exceeding thirty dollars per year.

2. In future veniremen shall not be entitled to any compensation Veniremen not to for their services, and witnesses in all cases attending in the said witnesses ramo superior courts, shall be entitled only to the same allowance as wit- allowance as nesses attending in the county courts.

3. No sheriff shall summon more than two guards, to assist him Sheriff limited in in conveying any one convict to the penitentiary.

for prisoners. 4. Each judge of the general court, before he shall act as a Judge to take an judge of the circuit courts, shall take an oath as a judge of such circuit courts, similar to that heretofore taken by a judge of the district courts, which oath may be taken before the executive, any court of record, or justice of the peace. A ceruificate whereof shall be recorded in the general court, or a court in the circuit, wherein such judge shall first sit.

5. The circuit court directed to be holden for the county of Hen- Henrico circuit rico, shall be held at the capitol in the city of Richmond, and that the capitol, and to be holden for James City county, shall be held at the former James City at the

former capitol in capitol in Williamsburg.

Williamsburg. 6. If the judge shall not attend on the first day of any circuit Provision in caso court, such court shall stand adjourned from day to day, until a attend the first day court shall be made, if that shall happen before four of the clock in of a court. the afternoon of the third day. If a court shall not sit in any term, or shall not continue to sit the whole term, or before the end of the term, shall not have heard and determined all matters ready for their decision, all such suits and things depending in court and undecided, shall stand continued to the next succeeding term. If from any cause the court shall not sit on any day in a term after it shall have been opened, there shall be no discontinuance; but so soon as the cause is removed, the court shall proceed to business until the end of the term, if the business depending before them be not sooner dispatched.

7. Be it further enacted, That appeals, writs of error, superse- Regulation as to deas and certiorari shall lie, and be had from the judgments of the appeals, &c. superior courts established by the act to which this is a supplement, in the same manner, and to the same jurisdictions, as from the judgments of the district courts at present.

8. Be it further enacted, That deeds, wills and other instruments, Deeds, &c. partly partly proved in any district court before the first day of January proved in district next, shall and may be fully proved and recorded in the superior ed. court of the same county in which such deeds, wills or other instruments shall have been in part proved.

9. Be it further enacted, That the superior court directed by Superior coprt in this act, to be holden in the city of Richmond, shall possess and cise special pow

46

finish

er, &c.

exercise all the special powers now exercised by the district court

holden in the said city. How to proceed 10. Be it further enacted, That if either of the judges of the when judge is in terested.

general court be interested in any suit which in the case of any other person would have been proper for the jurisdiction of such judge, it shall be lawful to institute such suit in any court within an adjacent circuit; and the process from such adjacent court may be served in the circuit to which such judge shall be allotted or in which he shall reside, and such proceedings shall be thereupon had.

11. Be it further enacted, That the county of Charlotte shall belong to the third circuit established by the act to which this is a supplement, and a superior court of law shall be holden for the same on the eighth of April and eighth of September in every year.

12. A certiorari to remove proceedings on a forcible entry and move proceedings detainer or for any other purpose, except the removal of a suit from &c how to be ob. an inferior court, may hereafier be granted in vacation, and without

notice, by any judge of a circuit court within their respective jurisdictions.

13. This act shall commence and be in force from and after the first day of January next.

Court of Charlotte.

Certiorari to re.

tained.

Commencement.

Chap. 5.-An ACT to amend the several acts prescribing the mode of ascer

taining the taxable property within the commonwealth, and for collecting the public revenue, and for other purposes.

(Passed February 9, 1808.) Commissioners of 1. Be it enacted by the general assembly, That the commissioners the revenue no: to of the revenue within this commonwealth now in office, shall not ty the year 1803. proceed in the present year to perform the duties required of them

by the eighth section of the act, entitled, "An act prescribing the

mode of ascertaining the tarable property within the commonwealth, At what time to and of collecting the public revenue,” but shall commence on the commence, &c.

first day of March, in the year one thousand eight hundred and nine, and proceed without delay through their respective districts, and call upon every person subject to taxation, or having property in his or her possession or care on which any tax is iinposed, for a written list thereof, which list being corrected, if necessary, and distinctly read over by the commissioner to the person delivering the same, he or she shall then make oath or affirmation, that such list contains a just and true account of all persons, and of every species of property in his or her possession or care within the district, (land only excepted,) subject to taxation on the last day of February then next preceding; and that no contract, change or removal what. ever of property had been made or entered into, or any other method devised, practised or used, in order to evade the payment of taxes; which oath or affirmation the commissioner is hereby empowered and directed to administer. And every commissioner hereafter appointed shall begin to perform his duty on the first day of March annually, and his list of taxable property and land shall have relation to the last day of February preceding, and every list hereafter taken, shall be returned to the persons directed by law on ro before the thirty-first of May in every year. Vacancies which may happen in the office of commissioner of the revenue, may be supplied by the several county and corporation courts at any of their stated sessions.

Bury.

2. It shall be the duty of every sheriff and collector within this Sheriffs, how to commonwealth, to proceed to collect in the present year, one thou- proceed in colsand eight hundred and eight, all taxes imposed by law, agreeably to the lists taken and returned by the commissioners of the revenue in the year one thousand eight hundred and seven. And the taxes agreeably to lists hereafter to be taken by the commissioners of the revenue, commencing the first day of March, in the year one thousand eight hundred and nine, shall be collected by the sheriffs of the several counties within this commonwealth, in the same year, one thousand eight hundred and nine, in which the lists shall be so taken by the commissioners, and in like manner in each and every year thereafter. And the sheriffs shall on or before the first day of When to pay mo

ney into the treaNovember in each year, instead of the first day of October, pay into the treasury all taxes to be by them collected in such year; and on motions hereafter to be made against any sheriff for judgment by reason of his failing to pay such taxes, no notice thereof shall be necessary: Provided always, That if such motion shall Proviso. not be made at the term of the general court next after the said taxes shall become due and payable into the treasury, such sheriff or other officer failing to make payment as aforesaid, shall have ten days notice as heretofore.

3. Be it further enacted, That the tax required by law to be paid Ordinary liconse by persons obtaining licenses to keep ordinaries, shall hereafter be tax to be paid to

clerks. paid 10 the clerks of the several county and corporation courts, instead of the sheriffs and sergeants of the respective counties and corporations; and the said clerks shall account for and pay the same into the treasury at the same time, under the same penalties, be liable to the like recovery against them, in case of delinquency, and be allowed for collecting the same commission as is prescribed by law in respect to other taxes to be collected and accounted for by them.

4. Be it further enacted, That the county levies shall hereafter County levies, be laid at the courts to be held in the respective counties in May or June in each year, instead of the time now prescribed by law; and the sheriffs of the several counties shall account for and pay

the same according to law, on the first day of November, instead of the first day of October in every year.

5. Be it further enacted, That the overseers of the poor in each Overseers of poor, county shall hereafter hold their annual meeting and assess the poor mual meeting. rates on the fourth Monday in May, in the year one thousand eight hundred and nine, and in every succeeding year thereafter; and the collector of such rates shall in future account for and pay the same according to law on the first day of November in every year.

6. And be it further enacted, That the clerks of the several courts Clerks of courts, within this commonwealth, shall hereafter deliver the tickets of

their tickets. their fees to the sheriffs of the respective counties or sergeants of the respective corporations, on or before the first day of May in each year; and the said sheriffs and sergeants shall account for and pay the same according to law on or before the first day of November in every year.

7. All acts and parts of acts coming within the purview of this Repealing clause. act, shall be and are hereby repealed. But nothing in this act con- Proviso. tained shall be construed to alter or dispense with any of the duties

when to be laid.

when to deliver

« SebelumnyaLanjutkan »