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right and interest therein, either in person or by commission according to law, and record the same: and to ascertain the average price of tobacco.

SECT. 9. A deed for lands now or at any time here- How deeds after partly proved in the general court, may be fully partly proved proved there, or shall be delivered by the clerk thereof in the general court may be to any person authorised to demand the same, with an fully proved. indorsement of the proof made, and it may be fully proved and recorded in the court of the district in which the lands lie.

general court.

SECT. 10. But the general court shall not exercise Limitation of any power, jurisdiction or authority in any causes civil the jurisdicor criminal, except what is expressly given thereto by tion of the this act, or the act intitled "An act establishing district courts and for regulating the general court," or hath been or shall be expressly given thereto by some act subsequent to the last recited act.

When a judge of the gene. ral court may

act without taking certain

oaths. Before whom

SECT. 11. Any person appointed a judge of the general court, may act as a judge of the district, without having taken the oaths as a judge of the general court. SECT. 12. Any person appointed or to be appointed a judge of the general court, may take the oaths required by law to be taken by a judge of the general and district a judge of the courts before the executive, any court of record, or a general court justice of the peace, and a certificate thereof being ob- may take the tained, shall enable him to do all the duties of office, The certifioaths of office; any law to the contrary notwithstanding; such certificate cate of his shall be recorded in the general or district court where taking such such judge shall first sit.

oaths to be re

corded.

SECT. 13. The appeals which before the passing of Appeals rethe act intitled "An act establishing district courts and turnable to a for regulating the general court," were sent to the gene- wrong day to ral court and were returnable to a wrong day, shall be be sent for trisent for trial to the proper district court in the same man- appeals— ner as other appeals.

al with other

When execu

SECT. 14. Executions may be issued from the general tions issuing court returnable to the second term of the said court, from the gefollowing the day of issuing the same.

neral court

SECT. 15. The suits remaining in the general court may de rebecause the residence of the defendants is not known, turnable. shall be tried in the district court held in the city of remaining in Certain suits Richmond, and the said suits, or any other suits not sent general court in due time to the district courts, shall not for that reason only be discontinued.

to be tried in district court held in Rich

mond. Suits not discontinued because not sent in time to the district courts.

One judge to constitute a

district court,

SECT. 16. And be it further enacted, That whensoever any one of the judges allotted to a district court shall not attend the same, let the cause of non-attendance be what it will, the judge who shall attend, shall constitute a court in the same manner as if the non-attending judge had been sick or otherwise disabled; and and may give any one judge may hear and determine a motion in bejudgment and half of the commonwealth for giving judgment and award execu- awarding of execution against any person convicted of a tion against. capital offence, where such criminal shall escape between the conviction and the sentence, or against any person attainted of a capital offence, where the day of execution shall have passed, and no pardon or reprieve shall have been granted.

persons con

victed of capital offences.

Where a cer

SECT. 17. A certiorari to remove proceedings on a tiorari may be forcible entry or detainer, or for any other purpose, exgranted with- cept the removal of a suit from an inferior court, may be granted without notice.

out notice.

Court of ap

SECT. 18. A writ of supersedeas may be granted by peals may the court of appeals or any judge thereof, to a judgment grant writs of of any district court, in the same manner and on the supersedeas. same terms as a supersedeas is directed to be granted by the district court to a judgment of a county court; bond shall be given as in the case of an appeal from a district court to the court of appeals.

A judge may

attend the

same district

court twice successively. When clerks

SECT. 19. It shall be lawful for the same judge to attend the same district court twice successively.

SECT. 20. Where the clerk of a district court may not attend, or a vacancy in that office be not filled up by an pro tempore appointment, it shall be lawful for the judges or judge alof the district lotted to such district as the case may be, to appoint a courts may be clerk appointed. pro tempore. The seventy

seventh section,

part of the

and the 89th of

SECT. 21. The seventy-seventh section of the act intitled "An act establishing district courts and for regulating the general court," shall be and is hereby repealed. SECT. 22. So much of the eighty-eighth section of eighty-eighth the above recited act, as directs, that no supersedeas shall the act estab- be issued in any case except such as in respect to its valishing district lue or nature would have admitted an appeal, and also courts repeal the eighty-ninth section of the said law shall be repealWrit of error ed; and that writs of error or supersedeas may be grantor superse- ed by a district court or any judge of the general court deas may issue to a judgment of a county court, where such judgment to judgments shall be of the value of ten pounds, or one thousand for ten pounds or upwards. pounds of tobacco or upwards.

ed

SECT. 23. For good cause shewn, the general court General court may direct a trial at bar, or cause a suit depending in one may direct district to be tried in another.

suits to be tri-
or in other
ed at their bar

Days of hold

district courts

SECT. 24. The district court for the counties of Accomack and Northampton, shall be held on the fourteenth districts. day of May and the fourteenth day of October in every year; but should either of those days happen on a Sun- ing Accomack day, then the said courts shall be holden on the next day changed. SECT. 25. The next court to be held for the district where the composed of the counties of Wythe, Washington and court for the Russell, shall be held at the courthouse in the county of district of Wythe, late the courthouse for the county of Montgo- ington and Wythe, Washmery, and thereafter every court for the said district, shall Russel to be be holden at Washington courthouse only.

held.

son in the

SECT. 26. And be it enacted, That if the proprietor When and by of the Sweet Springs shall fail to contract with the jus- whom courttices of Botetourt county for the building of such a courthouse and prihouse and prison as they may judge necessary, at his own Botetourt expence, on or before the twelfth day of March next, district to be and to be completed within two years from that day, it built. shall be lawful for the proprietor of the Red Springs, to contract with the said justices for the erecting the said courthouse and prison at the Red Springs at his own expence, to be completed within two years after such contract with the justices aforesaid, and after the same shall be so erected, then the Red Springs shall become the seat of the district court, directed by the said recited act, in the same manner as if the courthouse and prison had been erected at the Sweet Springs.

Questions of

law in crimi

SECT. 27. A district court may adjourn a question of nal cases may law in any criminal case to the general court with the be adjourned consent of the criminal, which may be there argued and from a district decided, although such criminal be not present.

to the gene

ral court.

SECT. 28. No justice of the peace or member of a A justice comcorporation court, who shall have committed any person mitting or exfor examination by the court of his county or corpora- criminal not to amining a tion, or shall have been a member of the examining be sworn on court, shall be sworn on the petit jury empannelled for the petit jury. the trial of such person.

General court

SECT. 29. Unless good cause be shewn to the contra- may remove ry, the general court shall direct a suit, depending be- and try at fore a district court in which a judge of the general suits in a distheir bar any court is a party, to be removed to be tried at the bar of trict court in the general court. which one of the judges is

'a party.

The general court and the clerk thereof to grant commissions for examining witnesses. Appearance day in writs and other pro

cess.

What sheriff

SECT. 30. The general court and the clerk thereof, may grant commissions for the examination of witnesses in the causes therein depending, in the same manner as a district court and the clerk thereof respectively.

SECT. 31 The appearance day to all writs and process shall be according to the direction of the general

court.

SECT. 32. To prevent misconstruction, it is hereby declared, that the sheriff of the county in which any district court shall sit, shall execute all judgments rendered judgments of by such court in any criminal case, provided such judgments are by law to be executed in the said county.

to execute

the district courts in criminal cases.

SECT 33 All office judgments, which are now susCertain office pended, shall be sent to the district courts, according judgments to to the law in other cases, and all office judgments which be sent to the have been or shall be sent to the district courts may be district courts, set aside in the same manner, that office judgments entered in the district courts may be set aside.

how to be set aside.

Allowance to

SECT. 34. For the services already rendered by the the clerk of clerk of the general court, in preparing the causes to the general be sent to the district courts in pursuance of the district court for pre- law: and for those to be rendered by him in the execution paring the causes for the of this act, the executive having regard to the fee bill, district courts, shall make him compensation, to be paid out of the contingent fund.

how to be

paid.

When records

SECT. 35. If a record on an appeal, writ of error or on appeals, supersedeas be not delivered to the clerk of the district writs of error, court before or during the second term of such court after &c. are to be the same was granted, the same shall not be received at district courts, any time thereafter, unless good cause be shewn to the court to the contrary; and after such dismission, no writ of error or supersedeas shall be allowed.

sent to the

Allowance to sheriffs and jailors attend. ing district courts,

SECT. 36 Every district court may make a reasonable allowance to the sheriff and jailor attending the same, for their trouble, as well for their services beretofore rendered, as those in future to be by them performed, to be paid as the cryer of the general court; and the audiand to cryers tor of public accounts is hereby required to issue warrants in favour of such persons as have heretofore acted as cryers in the several district courts, agreeably to the certificates of the clerks of the said courts, to be paid in the same manner as the cryer of the general court.

for services

heretofore

performed,

and how to be paid.

Sheriffs to pay

SECT. 37. Where judgment shall be rendered against interest on a sheriff or his deputy on motion in any court within money levied this Commonwealth, for failing to pay money levied

by execution, the same shall be for the sum levied, by execution with interest thereon, at the rate of fifteen per centum and retained per annum, from the return day of the execution until the judgment shall be discharged.

by them.

SECT. 38. When any debtor is in custody on seve- Dieting allow. ral executions, it shall not be lawful for such debtor ed a debtor in custody under to demand any more or other dieting than if he was in several execucustody on one execution only, nor shall any sheriff or tions, jailor demand or receive more than the rate fixed by law, and allowance in case of a debtor confined on one execution only, which to the sheriff shall be paid by the creditor at whose suit such debtor was first taken. So much of all acts as comes within the purview of this act is hereby repealed.

therefor.

CHAP. XIV.

An act concerning the erection of the district of
Kentuckey into an independent state.

(Passed the 18th of December, 1789.)

SECT. 1. WHEREAS it is represented to this present Preamble. General Assembly, that the act of last session intitled "An act concerning the erection of the district of Kentuckey into an independent state," which contains terms materially different from those of the act of October session, one thousand seven hundred and eighty-five, are found incompatible with the real views of this Commonwealth, as well as injurious to the good people of the said dis

trict:

pose a conven

Be it enacted by the General Assembly, That in the Representamonth of May next, on the respective court days of the tives, to comcounties within the said district, and at the respective tion, to be places of holding courts therein, representatives to con- elected in the tinue in appointment for one year, and to compose a con- Kentuckey vention with the powers, and for the purposes herein district. after mentioned, shall be elected by the free maie inhabi- Qualification tants of each county above the age of twenty-one years, of the elecin like manner as delegates to the General Assembly have tors, been elected within said district in the proportions follow

ing: In the county of Jefferson shall be elected five repre- where they VOL. XIII.-C

are to vote,

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