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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 thereor 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.
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
general court. 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.
Sect. 11. Any person appointed a judge of the ge. When a judge neral court, may act as a judge of the district, without of the gene.
ral court may having taken the oaths as a judge of the general court. act without
Sect. 12. Any person appointed or to be appointed a taking certain judge of the general court, may take the oaths required Before whom 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 å general court justice of the peace, and a certificate thereof being ob- may take the
oaths of office; tained, shall enable bim to do all the duties of office,
The certifiany 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
be sent for triral court and were returnable to a wrong day, shall be
al with other sent for trial to the proper district court in the same man- appealsper as other appeals. Sect. 14. Executions may be issued from the general tions issuing
When execucourt returnable to the second term of the said court, from the gefollowing the day of issuing the same.
Sect. 15. The suits remaining in the general court may de rebecause the residence of the defendants is not known, 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 rea
to be tried in
district court son only be discontinued.
held in Richmond, Suits not discontinued because not sent in time to the district courts.
One judge to Secr. 16. And be it further enacted, That whensoconstitute a
ever any one of the judges allotted to a district court district court, shall not attend the same, let the cause of non-attend
ance be what it will, the judge who shall attend, shall constitute a court in the same manner as if the non-at
tending 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 persons convicted of capi
the conviction and the sentence, or against any person tal offences. attainted of a capital offence, where the day of execu
tion shall have passed, and no pardon or reprieve shall
have been granted. 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 out notice.
be granted without 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
Sect. 19. It shall be lawful for the same judge to atsame district tend the same district court twice successively. court twice Sect. 20. Where the clerk of a district court may not successively. When clerks
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
pro tempore. The seventy
Sect. 21. The seventy-seventh section of the act inseventh sec titled "An act establishing district courts and for regution, lating the general court,” shall be and is hereby repealed. part of the
Secr. 22. So much of the eighty-eighth section of eighty-eighth and the oth of 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 or upwards. pounds of tobacco or upwards.
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
suits to be tridistrict to be tried in another,
ed at their bar Sect. 24. The district court for the counties of Ac- or in other comack and Northampton, shall be held on the fourteenth districts. day of May and the fourteenth day of October in every Days of hold:
ing Accomack year; but should either of those days happen on a Sun
district courts 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. 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 court
house and pritices of Boletourt county for the building of such a court
son in the house and prison as they may judge necessary, at his own Botetourt expence, on or before the twelfth day of March next, district to be
built. and to be completed within two years from that day, it shall be lawful for the proprietor of the Red Springs, to contract with the suid 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.
law in crimi. Sect. 27. A district court may adjourn a question of nal cases may law in any criminal case to the general couri with the be adjourned
from a district consent of the criminal, which may be there argued and
to the genedecided, although such criminal be not present.
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
their bar any fore a district court in which a judge of the general suits in a discourt 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 Sect. 30. The general court and the clerk thereof, court and the may grant commissions for the examination of witnesses clerk thereof
in the causes therein depending, in the same manner as to grant commissions for a district court and the clerk thereof respectively. examining Sect. 31. The appearance day to all writs and prowitnesses.
cess shall be according to the direction of the general Appearance day in writs court. and other
pro Sect. 32. To prevent misconstruction, it is hereby
declared, that the sheriff of the county in which any disWhat sheriff
trict court shall sit, shall execute all judgments rendered to execute
judgments of by such court in any criminal case, provided such judgI the district ments are by law to be executed in the said county. courts in cri.
SECT. 33 All office judgments, which are now susminal cases. Certain 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, how to be set
set aside in the same manner, that office judgments enaside. tered in the district courts may 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 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 continhow to be paid.
Sect. 35. If a record on an appeal, writ of error or When records 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. Allowance to Sect. 36. Every district court may make a reasonsheriffs and
able allowance to the sheriff and jailor attending the jailors attend.
same, for their trouble, as well for their services heretocourts,
fore 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 for services in favour of such persons as have heretofore acted as cryheretofore
ers in the several district courts, agreeably to the certifiperformed,
cates of the clerks of the said courts, to be paid in the and how to be paid.
same manner as the cryer of the general court. Sheriffs to
Sect. 37. Where judgment shall be rendered against
pay 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
by them. per apnum, from the return day of the execution until the judgment shall be discharged.
Sect. 35. 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 therefor. was first taken. So much of all acts as comes within the purview of this act is hereby repealed.
An act concerning the erection of the district of
Kentuckey into an independent slute.
(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 district:
Be it enacled 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
pose a convenplaces of holding courts therein, representatives to con- elected in the tinue in appointment for one year, and to compose a con- Kentuckey
district, vention with the powers, and for the purposes herein after mentioned, shall be elected by the free male 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 following: In the county of Jefferson shall be elected five repre. where they VOL. XIII.-C
are to vote,