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of its value with that of other houses or lots actually rented; on every license to sell merchandise of foreign growth or manufacture, by wholesale and retail, forty dollars; on every license to retail such .goods, fifteen dollars; on every license 10 a hawker or pedlar, thirty dollars: Provided, That no taxes shall be collected on lands, lots, houses, or other property belonging to this commonwealth, or to any county, town, college or seminary of learning, or attached to any house or houses for divine worship: And provided also, That nothing in this act shall be so construed as to prevent any farmer or planter from selling salt, tea, sugar, molasses, coffee, spices, iron or steel, to his neighbours, when such articles were purchased as a Telurn load on carrying his produce to market in his waggon or

otherwise. Commencement. 2. This act shall commence and be in force from and after the

passing thereof.

Chap. 2.-An ACT appropriating the public revenue.

(Passcd February 9, 1808.) Public revenue,

1. Be it enacted by the general assembly, That the taxes and arhow appropriated. rearages of taxes due prior to the year one thousand eight hundred

and six, and all other branches of public revenue which arise to the commonwealth prior to the first day of January, one thousand eight hundred and nine, and the surplus of all appropriations heretofore made, shall constitute a general fund, and be appropriated in the following manner : For the expenses of the general assembly, fifty thousand dollars; for the officers of civil government, sixty thousand dollars ; officers of militia, five thousand dollars; criminal prosecutions, thirty-three thousand seven hundred dollars; guards, six thousand two hundred dollars; slaves executed and transported, six thousand dollars; for public services of district court clerks, three thousand five hundred dollars ; lunatic hospital, eight thousand two hundred dollars; expense of public guard from the first day of October, one thousand eight hundred and seven, to the twentieth day of January, one thousand eight hundred and eight, four thousand one hundred and fifty-six dollars eighty-four cents; expense of guard for security of public property in the city of Richmond, from the twentieth of January, one thousand eight hundred and eight, to the first of January, one thousand eight hundred and nine, seven thousand one hundred dollars; for the manufactory of arms, two thousand dollars; for manufacturing arms, including officers' salaries, fifty thousand dollars; foundery and boring mill, eighteen thousand dollars; public warehouses, four thousand seven hundred and fifty dollars; for the tobacco burnt in Royston's warehouse in Fredericksburg, seven thousand dollars; expense of removing criminals to the penitentiary, and their confinement therein, including officers' salaries, twenty-two thousand dollars; interest on public debt registered, six thousand dollars; interest due persons who paid money into the treasury on account of British debts, one thousand dollars; pensioners, five thousand dollars; expenses of representation to congress and the state senate, iwo hundred dollars; expense of election of president and vice-president of the United States, one thousand two hundred dollars; fifth instalinent on state shares in the bank of Virginia, thirty

thousand dollars; interest payable to the bank in January and July, seven thousand eight hundred dollars; commissioners of the revenue, one thousand dollars; contingent fund, including expense of mounting cannon, twenty thousand dollars; to pay the amount of warranis issued by the auditor of public accounts, as a bounty allowed by law for wolf scalps, heretofore due, one thousand dollars; militia fund, four thousand dollars; to pay Charles Cox the amount of a warrant on the treasury in his favour for painting done on the penitentiary building, seven hundred and thirty-six dollars ten cents; for satisfying William Lowther, four hundred and ninetyfour dollars and eighty cents, the amount of a decree rendered by the chancery district court against the commonwealth; for satisfying Randolph Mims, sixty-two dollars and nineteen cents, the amount of a warrant on the treasury for services in completing the. penitentiary; for satisfying David Holloway, fifteen dollars, the amount of a warrant on the treasury for work done at the peni. tentiary.

2. This act shall commence and be in force from and after the Commencement. passing thereof.

Chap. 3.-An ACT to organize and establish a superior court of law in each

county of this commonwealth.

(Passed February 1, 1808.) 1. Be it enacted by the general assembly, That the state shall be Arrangement of divided into twelve judicial circuits, and to each circuit respectively, circuits, to each of shall be allotted a judge of the general court, who shall hold a su- which one jádge of perior court of law twice a year, at the courthouse of each county, allolled. in the circuit to which he may be allotted, at the times and in the manner hereinafter prescribed ; that is to say: . A court shall be holden in the county of Prince George, on the first day of April and on the first day of September; in the county of Surry, on the sixth day of April and on the sixth day of September; in the county of Sussex, on ihe thirteenth day of April and on the thirteenth of September; in the county of Southampton, on the twentieth of April and on the twentieth of September; in the county of Isle of Wight, on the twenty-sixth of April and twenty-sixth of September; in the county of Nansemond, on the first of May and first of October; in the county of Princess Anne, on the eighth of May and eighth of October; and in the county of Norfolk, on the sixtcenih of May in the borough of Norfolk, and on the sixteenth of October in the town of Portsmouth in cach year: which counties shall compose the first circuit. A court shall be holden in the county of Greensville, on the first of April and first of September; in the county of Brunswick, on the seventh of April and seventh of September; in the county of Mecklenburg, on the fourteenth of April and fourteenth of September; in the county of Lunenburg, on the twenty-second of April and twenty-second of September; in the county of Prince Edward, on the twenty-eighth of April and twentyeighth of September; in the county of Amelia, on the sixth of May and sixth of October; in the county of Nottoway, on the fourteenth of May and fourteenth of October; and in the county of Dinwiddie, on the twenty-second of May and twenty-second of October in each year: which counties shall compose the second circuit. A court shall be holden in the county of Campbell, on the first of

April and first of September; in the county of Halifax, on the fifteenth of April and fifteenth of September; in the county of Pittsylvania, on the twenty-third of April and twenty-third of September; in the county of Henry, on the second of May and second of October ; in the county of Patrick, on the seventh of May and serenth of October; in the county of Franklin, on the twelfth of May and twelfth of October; and in the county of Bedford, on the seventeenth of May and seventeenth of October in each year: which counties shall compose the third circuit. A court shall be holden in the county of Grayson, on the first of April and first of September; in the county of Washington, on the eighth of April and eighth of September; in the county of Lee, on the eighteenth of April and eighteenth of September; in the county of Russell, on the twenty-eighth of April and twenty-eighth of September; in the county of Tazewell, on the eighth of May and eighth of October; in the county of Giles, on the seventeenth of May and seventeenth of October; in the county of Montgomery, on the twenty-sixth of May and twenty-sixth of October; and in the county of Wythe, on the sixth of June and sixth of November in each year: which counties shall compose the fourth circuit. A court shall be holden in the county of Chesterfield, on the twenty-fourth of March and twentyfourth of August; in the county of Henrico, on the third of April and third of September; in the county of New Kent, on the twentieth of April and on the twentieth of September; in the county of Charles City, on the twenty-sixth of April and on the twenty-sixth of September; in the county of James City, on the second day of May and on the second day of October; in the county of York, on the sixth day of May and on the sixth day of October; in the county of Warwick, on the fourteenth day of May and on the fourteenth day of October; in the county of Elizabeth City, on the twentieth day of May and on the twentieth day of October in each year: which counties shall compose the fifth circuit. A court shall be holden in the county of Louisa, on the first of April and first of September; in the county of Fluvanna, on the eighth of April and eighth of September; in the county of Cumberland, on the fifteenth of April and fifteenth of September; in the county of Buckingham, on the twenty-second of May and twenty-second of September; in the county of Goochland, on the twenty-ninth of April and twentyninth of September; in the county of Powhatan, on the eighth of May and eighth of October; in the county of Hanover, on the fifteenth of May and fifteenth of October ; and in the county of Caroline, on the twenty-second of May and twenty-second of October in each year: which counties shall compose the sixth circuit. A court shall be holden in the county of Accomack, on the first of April and first of September; in the county of Northampton, on the ninth of April and ninth of September; in the county of M3thews, on the eighteenth of April and eighteenth of September; in the county of Gloucester, on the twenty-fifth of April and twentyfifth of September; in the county of Middlesex, on the first of May and first of October; in the county of Essex, on the ninth of May and ninth of October; in the county of King William, on the sixteenth of May and sixteenth of October; and in the county of King and Queen, on the twenty-fourth of May and twenty-fourth of October in each year: which counties shall compose the seventh circuit. A court shall be holden in the county of Lancaster, on the first of

April and first of September; in the county of Northumberland, on the seventh of April and seventh of September; in the county of Richmond, on the fourteenth of April and fourteenth of Septeniber; in the county of Westmoreland, on the twenty-first of April and twenty-first of September; in the county of King George, on the twenty-ninth of April and twenty-ninth of September; in the county of Stafford, on the sixth of May and sixth of October; in the county of Prince William, on the fourieenth of May and fourteenth of October; and in the county of Fairfax, on the twenty-second of May and on the twenty-second of October in each year: which counties shall compose the eighth circuit. A court shall be holden in the county of Spottsylvania, on the twenty-second of March and the twenty-second of August; in the county of Fauquier, on the first of April and first of September; in the county of Culpeper, on the eighth of April and eighth of September; in the county of Madison, on the sixteenth of April and sixteenth of September; in the county of Orange, on the twenty-fourth of April and twenty-fourth of September; in the county of Albemarle, on the second of May and second of October; in the county of Amherst, on the tenth of May and eighteenth of October; and in the county of Nelson, on the eighteenth of May and tenth of October in each year: which counties shall compose the ninth circuit. A court shall be holden in the county of Loudon, on the first of April and first of September; in the county of Jefferson, on the seventh of April and seventh of September; in the county of Berkeley, on the fourteenth of April and on the fourteenth of September; in the county of Hampshire, on the twenty-second of April and twenty-second of September; in the county of Hardy, on the twenty-eighth of April and twentyeighth of September; in the county of Rockingham, on the seventh of May and seventh of October; in the county of Shenandoah, on the fifteenth of May and fifteenth of October; and in the county of Frederick, on the twenty-third of May and twenty-third of October in each year: which counties shall compose the tenth circuit. A court shall be holden in the county of Augusta, on the first of April and on the first of September; in the county of Rockbridge, on the eighth of April and on the eighth of September; in the county of Botecourt, on the sixteenth of April and on the sixteenth of September; in the county of Monroe, on the twenty-second of April and on the twenty-second of September; in the county of Greenbrier, on the thirtieth of April and on the thirtieth of September; in the county of Bath, on the eighth of May and on the eighth of October; in the county of Pendleton, on the sixteenth of May and on the sixteenth of October; and in the county of Randolph, on the twenty-fifth of May and on the twenty-fifth of October in each year: which counties shall compose the eleventh circuit. A court shall be holden in the county of Brooke, on the first of April and first of September; in the county of Obio, on the eighth of April and on the eighth of September; in the county of Monongalia, on the fifteenth of April and on the fifteenth of September; in the couniy of Harrison, on the twenty-fourth of April and on the twenty-fourth of September; in the county of Wood, on the third of May and on the third of October; in the county of Mason, on the twelfih of May and on the twelfth of October; in the county of Kana wha, on the twentyfourth of May and on the twenty-fourth of October in each year: which counties shall compose the iwelfth circuit. Each of the afore

Jurisdiction of the courts.

Court to sit till said courts shall sit until the business thereof shall be dispatched, business is dig. patched, unless

unless the judge holding the same be compelled to leave the court another shall in- in order to arrive in time to the next succeeding court of his circuit. terfere.

And whenever any of the aforesaid court days shall happen on a
Sunday, the court shall commence on the next day.

2. Be it further enacted, That the superior courts of law to he holden as aforesaid in each of the said counties of this commonwealth, shall have, possess and exercise, all the rights, jurisdictions and powers, whether criminal or civil, ovet all persons and things within the limits of the respective counties in which they may be holden, that the district courts of law do possess, and might or could have exercised under the law as heretofore within their respective

limits. Practice and pro

3. The practice and proceedings in the said superior courts of ceedings same as law, shall be regulated by the same laws and rules as have been endistrict courts.

acted and established and do now exist for the regulation of the

proceedings of the district courts of law. Also right of apo 4. The same right of appeal, which now allowed from the peal to and froin said courts.

county and corporation courts to the district courts of law, shall still be had to the said superior courts of law; and all process issuing under the law as heretofore, and which would have been returned to the district courts of law, or any of them, shall be in future returned to the superior court of the county in which the said process

may issue.

prosecutor for the

His wages.

Proviso.

Fees of officers.

5. The right of appeal shall remain and be exercised as hereto

fore used in the district courts. Sheriffs of coun 6. The sheriffs of counties shall act as sheriffs of the aforesaid tiff's of said courts. superior courts holden in their respective counties, and shall sum

mon and impannel therefor grand juries as they have been heretoTheir duties. fore summoned for the district courts. The said sheriffs and clerks

shall moreover do and perform all the duties appertaining to clerks

of, and sheriffs attending on, the district courts under the law as Judge to appoint at present. The judge of each circuit shall appoint for their recontmonwealth.

spective courts a prosecutor for the commonwealth, who shall be allowed five dollars per day for every day he may be engaged in the public service, to be certified by the judge: Provided, That the sum received by any attorney shall not exceed the sum of filly dollars per annum for services in any one of the said superior courts.

7. All officers' fees, for their services in suits in the aforesaid superior courts of law, shall be the same as are allowed at this time

for similar services in the present district courts of law. Causes depending 8. All causes depending in the present district courts of law at in present district the time when this act shall go into operation, shall be arranged by arranged, &c.

the respective clerks thereof; and all the papers and documents belonging to each cause shall be by the said clerks transmitted to the clerks of those counties respectively, in which the first named defendant in the cause may reside, or where there are more than two defendants, to the clerk of the county wherein a majority of the defendants reside, provided a majority reside in any one county, together with a state of the costs accrued in each cause; and the superior courts of the counties to which the said causes may be sent shall take cognizance thereof. The clerks of the aforesaid superior courts of law in the counties wherein the present district courts of law are holden, shall receive into their possession, and are hereby charged with the custody of the books, records and papers belong.

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