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CRAP. 22.-An ACT to amend an act for reducing into one act the several
acts concerning the court of appeals.
(Passed January 14, 1807.] 1. Be it enacted by the general assembly, That the vacancy which Vacancy by judge has recently occurred in the court of appeals, by the resignation of lignington'de et Paul Carrington of his office of judge in that court, shall not be supplied. supplied by the appointment of a successor ; and that the said court Court to consist shall hereafter consist of four judges, any three of whom shall con
of four judges till
next vacancy. stitute a court, until a vacancy shall again occur by the death or resignation of one of the four remaining judges; after which event, Thon of three. the said court shall consist of three judges, any two of whom shall constitute a court, possessed of the same powers, jurisdiction and rights, as belong to the present court.
2. Be it further enacted, That the sum heretofore appropriated Sum heretofore for the payment of the five judges of the said court, shall be equally divided amongst divided among the four judges now remaining, until, according to remaining judges. the provisions of this law, the number shall be reduced to three; after which period, it shall be equally divided among the three judges then constituting said court. The said court shall hold Commencement three terms in every year; the first shall commence the first day of and duration of its January and continue forty-five juridical days; the second shall commence the first day of June and continue thirty-six juridical days; the third shall commence the fifth day of October and continue forty-five juridical days; unless the business before them shall be sooner done. When any day of commencement shall be on a Sunday, such term shall commence on the succeeding day.
3. No appeal shall hereafter be granted to any principal obligor Limitation of tho or obligors, his, her or their security or securities, or their executors right of appeal in or administrators, on any judgment or decree rendered or affirmed by any district court of common law or chancery awarding execution on any forthcoming bond; but such person or persons may obtain a writ of error or supersedeas as heretofore.
4. No appeal from any decree pronounced in any of the superior No writ of error or courts of chancery, or any writ of error or supersedeas, shall here- supere dens to be
in open after be granted by the court of appeals in court; but the judges, or any one of them, either in vacation or during the terms of said court, shall have power to grant any such appeal, writ of error or supersedeas, under the regulations heretofore prescribed by law.
5. This act shall commence in force from the passing thereof.
CHAP. 23.–An ACT concerning the proceedings in chancery, and for other
(Passed January 15, 1807.) 1. Be it enacted by the general assembly, That the judges of the Chancellors may chancery district courts may direct an account to be taken in any be taken in vacacause depending in their respective courts, in vacation, whenever tion. such account would be directed if the court was in session. And Commissioner whenever a commissioner engaged in taking an account in vaca- doubt in writing to tion, shall doubt as to the principles on wbich the account should tho chancellor. be taken, or shall doubt of the propriety of admitting any item of debit or credit, contended for by a party, ihe commissioner may state in writing the points on which he shall doubt, and submit the same to the judge in vacation, who may thereupon decide the question or questions so submitted to him, and the commissioner shall govern
nal decree, certain
not filed before
out good cause shown.
Defendant to file
court may direct
himself accordingly; but on such points submitted, no judge shall
hear any arguments of counsel, except by consent of parties. No appeal till fi. 2. No appeal shall be hereafter granted in any cause in chancery casos excepted.
until a final decree is pronounced, unless where the court in which any such cause is or may be depending, shall think necessary to prevent a change of property under an interlocutory decree, and
before the final decree can be pronounced. Record of appeal 3. If either party shall hereafter enter an appeal from any deor during second cree pronounced in any of the inferior courts of this commonwealth, term, cause to
to any of the superior courts of chancery, and shall fail to file the with costs, with record with the clerk of such superior court before or during the
second term of such court after the same shall have been granted, such appeal shall be dismissed with costs, unless good cause be shewn to the contrary, in which case the same may be docketted and heard as if the record had been filed in proper time.
4. And be it further enacted, That if the defendant in any suit kircan walk babies in a chancery district court does not file his answer within three
months after the plaintiff shall have filed his bill, having also been served with the subpæna at least three months before the said time for filing his answer, the plaintiff may proceed to take his bill for consessed, and proceed in the same manner as in the case of an at
tachment returned executed. Suit against ab. 5. And be it further enacted, That in suits against absent defensent defendant,
dants in the courts of this commonwealth having chancery jurisdicpublication in tion, it shall and may be lawful for the court in which any such suit
is or shalt be depending, to direct publication to be made in any newspaper printed within this commonwealth, the circulation of which in their opinion is best calculated to apprise the absent de
fendant or defendants of the pendency of such suit. Richmond chance 6. And be it further enacted, That the terms of the chancery mence on 1st May
district court holden at Richmond in the months of May and Sepand 5th Septem-'tember, shall hereafter commence on the first day of May and fifih
day of September in every year, unless the same shall happen on Sunday, in which case the same shall commence on the succeed
ing day. Commissioners in 7. Be it further enacted, That the commissioners in chancery chancery, how to shall be authorized to charge for copies of reports, or such other
papers as the parties in the suits referred to them may require, the same fees as the clerks of the respective courts from whence they receive their appointment are authorized by law to charge for similar services; and that their tickets for the same shall be collected by the sheriffs and sergeants, and accounted for by them in the same manner, and under the like penalties, as the fees of the said clerks: Provided, Such charges shall be confined to the services for which no allowance is or shall be made by the rules of the respective courts establishing the fees of their commissioners; and such fees being certified to the respective clerks, shall be charged in the bills of costs, if the same would have been so chargeable in case the same services had been performed by such clerks. And every commissioner, for asking, demanding or receiving any other, or further fees for services performed than those allowed by law, or for asking, demanding or receiving any fees for services not performed, shall be liable to the same penalties and proceedings as clerks of courts are liable to in the like cases.
ry terms to com
their fees to bo collected.
8. Be it further enacted, That the clerks of the several chancery Certain allowdistrict courts in this commonwealth shall be allowed the same fees ances to clerks of
chancery courts. for issuing executions and taxing damages and costs, or for taxing damages and costs where no execution is issued, on decrees entered on appeals, as by law are allowed to the clerks of the common law district courts for similar services.
9. This act shall commence and be in force from and after the Commoncement. first day of April next.
Chap. 24.–An ACT to amend an act concerning grand juries, petit juries and
(Passed January 15, 1807.) 1. Be it enacted by the general assembly, That the district courts Additional aNovshall have power to make an allowance not exceeding one dollar Mee to vonireand twenty-five cents per day, to each venireman, who shall hereafter be impannelled and sworn in any criminal case triable before said courts, for every day they shall be detained upon such trial, after the first day, in addition to the allowance now made by law : Provided, The court, from the circumstances of the case, shall Proviso. deem it proper that such allowance ought to be made; and on the same being certified to the auditor of public accounts, he is hereby authorized and required to liquidate and adjust the said claims, and grant warrants on the treasury to the respective claimants, for the amount of their claims.
2. And be it further enacted, That all allowances heretofore Certain allowmade by the said courts for expenses incurred in supporting venires
ances heretofore detained upon criminal trials, shall, on being certified to the audi- men to be paid. tor, be liquidated and paid as aforesaid.
3. This act shall be in force from the passing thereof.
made to venire
Chap. 25.-An ACT giving power to the county courts to establish ferries, and
to regulate the rates of ferriage.
[Passed January 17, 1807.] 1. Be it enacted by the general assembly, That when any person Power given to or persons shall own the land on both sides of any water course establish ferries. through which a public road is or shall be established, and shall desire to keep a ferry across such water course, he, she or they, shall Person wishing to make application to the court of the county wherein the said land how to proceex. lieth, who shall order the sheriff to impannel a jury of twelve disinterested freeholders, who shall view the place proposed for keeping such ferry, being first sworn, and on their oaths say, whether in their opinion, public convenience will result from the establishment of such ferry. The jury shall certify their opinion under their hands, and deliver it to the sheriff, who shall return it to the court, who thereupon, as well as upon any other evidence that may be offered, shall have full power to establish such ferry, and fix the rates Restrictions as to
rates of ferriage. for passing the same, observing that the rate for a man be the same as for a horse; for every wheel of a carriage the same as for a horse; for each head of neat cattle the same as for a horse; and for each hog, sheep or goat, one fifth part of the rate for a horse.
2. No such ferry shall be established unless the applicant shall Person applying have previously advertised his intentions, and the time of application, at the door of the courthouse, on two several court days. 3. The like proceedings shall be bad where the person or per- ings where appli
Similar proceed. sons who shall desire the establishment of a ferry, shall own the cant owns land land on one side of the water course only.
to advertise his intentions.
on one side of a stream.
vides two counties.
How to proceed
4. And be it further enacted, That if any person or persons shall where stream di- desire to establish a ferry over any stream or water course, which
now is, or hereafter may be, the division line between any two counties, such person or persons shall make application to the court of one of the counties bounded by such water course, under the regulations herein before prescribed, and such court shall proceed in the manner herein before directed. And if, upon the return of the inquisition of the jury, such court shall be of opinion that public convenience will be promoted by the establishinent of such ferry, they shall certify the same, and the rates of ferriage they think proper to be allowed, to the court of the other county bounded by such water course, who shall thereupon proceed as herein before directed. And if, upon the return of the inquisition, such court shall be of opinion, all circumstances considered, that it is expedient to establish such ferry, the same shall from thenceforth be established : Provided, That the applicant shall advertise his intention to apply to such last mentioned court, and the time of his application, at the door of the
courthouse of such county, on two several court days. Courts may raiso 5. And be it further enacted, That if any person or persons rates of forriage. shall own a ferry now established by law, or hereafter to be estab
lished under the provisions of this act, and shall conceive that the rates of ferriage are insufficient, such person or persons may make application to the court of the county wherein such ferry is situated, who are hereby authorized and empowered to hear such application; and, if it shall appear to them, all circumstances considered, that it is just that the rates of ferriage should be increased, they may establish such new rates as in their opinion shall be deemed equitable. And where such ferry shall be on any water course, which is the boundary between two counties, the consent of the courts of both counties shall be obtained; without which no increase of ferriage shall be allowed : Provided, That no court shall allow or consent to any increase of ferriage, unless it shall appear to them that the intention of the applicant and the time of his application has been advertised on two several court days, at the
door of the courthouse of such county. Person aggrieved 6. Where any person or persons shall think himself, herself or by judgment of
themselves aggrieved by the judgment of any county court, on an appeal to district application for the establishment of a ferry, or for an increase in
the rates of ferriage, he, she or they may enter an appeal from such judgment to the next court to be holden for the district
within which such county is. Penalty on owners 7. And be it further enacted, That if any owner or keeper of or keepers of fer
a ferry, which is or may hereafter be established according to law, upon due application to bim made by any person to be set over by such ferryman, every such owner or keeper of a ferry refusing to set over such person in a reasonable time after such application being made, shall forfeit and pay the sum of two dollars for every such refusal, to be recovered by warrant before any justice of the peace for the county or corporation wherein such offence may be committed, the one half to the use of the informer, and the other half to the use of the poor of the precinct wherein such offence
may be comunitted. Proviso.
8. Provided nevertheless, That if it shall appear to the satisfaction of the justice of the peace, before whom such warrant shall be returned, that from the cause of wind, rise of water, driving of
ries for miscon. duct.
ice, or other good cause in such water course, over which such ferry may be established, that the life of such owner or keeper would have been in danger, then such owner or keeper shall not incur the penalty aforesaid.
9. The fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, Certain parts of twelfth and thirteenth sections of the act, entitled,
" An act re
the law regulating
ferries to apply to ducing into one the several acts for the settlement and regulation of this act. ferries," passed the twenty-sixth day of December, one thousand seven hundred and ninety-two, shall apply to all ferries to be established by virtue of this act, in like manner as if the same were enumerated in the said recited act.
10. And be it further enacted, That the whole of the acting all the magismagistrates within the respective counties, to whose courts any ap- trates to be sumplication may be made for the establishment of a ferry, or for the moned, and samaa increase of the rates of ferriage, under the provisions of this act, act under this shall be summoned by the sheriff, and a majority of them shall be present to act on such application.
11. The sheriffs and clerks shall be allowed for all services re- Fees to the offi. quired in this act to be performed by them, the fees allowed in cers. similar cases, to be paid by the person for whom the services shall be rendered.
12. This act shall commence and be in force from and after the commencement. passing thereof.
dance in county may be entered as
Chap. 26.-An ACT concerning the attendance of witnesses in the inferior
(Passed December 19, 1806 ) 1. Be it enacted by the general assembly, That in future the Witnesses’ attonclerks of the county and corporation courts within this commonwealth shall be, and they are hereby required and empowered to in district courts. administer the necessary oaths, and to receive and enter the attendance of witnesses attending the said courts, and to grant certificates or orders therefor in like manner as the clerks of the district courts now do, as to witnesses attending those courts.
2. This act shall be in force from and after the first day of Commencemeni. March next.
CHAP. 27.–An ACT to amend an act to continue and amend an act for fur
ther continuing and amending the act, entitled," An act for reducing into one the several acts concerning executions, and for the relief of insolvent debtors."
(Passed January 19, 1807.) Whereas the tenth section of the act, “ To continue and amend Preamble. an act for further continuing and amending the act, entitled, ' An act for reducing into one the several acts concerning executions, and for the relief of insolvent debtors," hath been found to operate unequally and injuriously, by allowing the same compensation to sheriffs or other officers for supporting slaves and live stock taken in execution or by attachment, at all seasons of the year and in every part of the commonwealth, when the means of their sustenance fluctuate with the seasons and are of different value in different situations :
1. Be it therefore enacted by the general assembly, That the County courts in county and corporation courts within this commonwealth shall be, every year to setand they respectively are authorized and empowered, in the months tle allowance to
sheriffs for keepof May and October in each and every year, to settle and adjust