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An act against the embezzling of Records.
(Passed the 10th of November, 1789.) BE it enacted by the General Assembly, That if any Felony to steal record, or parcel of the same writ, return, panel, process, or procure to or warrant of attorney, in any court within this common
record, writ wealth be willingly stolen, taken away, withdrawn, or or process avoided, by any clerk, or by any other person, because whereby any whereof, any judgment shall be reversed, such stealer, shall be retaker away, withdrawer, or avoider, their procurers, versed. counsellors and abettors, being thereof indicted, and duly convicted, by their own confession, or by inquest to be taken of lawful men, shall be judged for felons, and shall incur the pain of felony.
An act repealing a part of the ordinance by
which certain English Statutes were declared to be in force within this Commonwealth.
(Passed the 25th of November, 1789.) Sect. 1. WHEREAS by an ordinance of convention, Preamble. intituled “An'ordinance to enable the present magistrates and officers to continue the administration of justice, and for settling the general mode of proceedings in criminal and other cases, till the same can be more amply provided for;" it is among other things enacted, that " all statutes or acts of Parliament made in aid of the common law, prior to the fourth year of the reign of king James the first, and which are of a general nature, not local to that kingdom, shall be the rule of decision, and shall be considered as in full force, until the same shall be altered by the legislative power of this colony;” and whereas the good people of this Commonwealth may be ensnared by an ignorance of acts of Parliament, which have never been published in any collection of the laws; and it has been thought adviseable by the General Assembly during
their present session, specially to enact such of the said statutes as to them appeared worthy of adoption, and did not already make a part of the public code of the laws of
Virginia. English sta
Be it enacted by the General Assembly, That so much tutes no lon- of the above recited ordinance, as relates to any statute ger to be in
or act of Parliament, shall be and is hereby repealed; and force in this
that no such statute or act shall have any force or authostate.
rity wiibin this Commonwealth. All rights aris Sect. 2. But all rights arising under any such statute ing under or act, and all crimes and offences committed against the them and of
same, at any time before the commencement of this act, fences committed against
shall remain in the same condition in all respecís, as if them before this act had never been made. This act shall commence the com in force on the first day of January, in the year one thoumencement of
sand seven hundred and ninety-one.
Court of Appeals.
(Passed the 19th of November, 1789.) No question to
Sect. 1. BE it enacted by the General Assembly, That be removed it shall not be lawful for the high court of chancery, or by adjourn. the general court, to remove before the court of appeals, the court of by adjournment, any question, matter or thing whatsoappeals. The present
Sect. 2. The court of appeals as it is now constituted court to take by law, shall have jurisdiction and take cognizance of cognizance of all suits, motions and process, which were depending bedepending be. fore the court of appeals on the twenty-second day of fore the for- December, in the year of our Lord one thousand seven mner.
hundred and eighty-eight, and are yet undetermined. The salaries of Sect. 3. The salary of a judge of the court of appeals the judges. shall be the same, and shall be paid in the same manner,
with the salary of a judge of the general court.
Sect. 4. So much of the ninth section of the act, intituled “ An act for amending the act intituled an act constituting the court of appeals," as provides for the case of a judge of the court of appeals, being interested in any suit, is hereby repealed.
Sect. 5. Although one or more of the judges of the How suits to court of appeals be interested in the event of any suit, be tried where matter or thing depending therein, the same shall be the judges of
the court of finally decided by the other judges, if there be a number appeals are of judges not so interested, sufficient to constitute a interested. court.
Sect. 6. If on an appeal from the high court of chancery, or on any question concerning any decree or order made therein, or process to be directed thereto, a majo. rity of, or all the judges of the court of appeals be interested, then in the former case, the remaining judges of the court of appeals not so interested, and as many of the judges of the general court not so interested, as will make the number at least five; and in the latter case, so many of the judges of the general court, not so interested, as will make the number five at least, shall constitute a court for the purpose aforesaid.
Sect. 7. If on an appeal, writ of error or supersedeas to or from any judgment or order made in a district court, or any question concerning the same, or concerning any process to be directed therelo, a majority or all of the judges of the court of appeals be interested, then in the former case, the remaining judges of the court of appeals not being interested, the judge of the high court of chancery not being so interested, and as many of the judges of the general court, who are not so interested, and did not render the judgment or direct the order, as will make the number five at least, shall constitute a court for the purpose aforesaid; and in the latter case, no judge of the court of appeals shall sit; but any five of the judges last mentioned, and not so disqualified as aforesaid, shall constitate a court.
Sect. 8. If on a writ of error or supersedeas to any judgment or order made in the general court, or any question concerning the same, or any process to be directed thereto, a majority or all of the judges of the court of appeals be interested therein, then in the former case, the remaining judges of the court of appeals, not being so interested, iogether with the judge of the high court of chaneery, and as many of the judges of the general court, not being so interested, as will make the number five at least, shall constitute a court for the purpose aforesaid.
Sect. 9. Whensoever a majority or all of the judges of the court of appeals shall be interested in any of the cases abovementioned, the same shall be entered of re
cord in the said court; and the clerk thereof shall thereupon issue a summons to the judge of the high court of
chancery, and judges of the general court, requiring them When and if not disqualified as aforesaid, to attend at the capitol in where the the city of Richmond, on the twentieth day of June, or judges are to if that happen on a Sunday, then on the day following, or purpose,
on the twentieth day of November, or if that happen on a Sunday, then on the day following, wbichsoever sball first happen, and stating the names of the parties and the
court whose decision is to be examined. allowance to Sect. 10. Each judge not disqualified as aforesaid, them for their shall be allowed for his attendance twenty shillings per attendance and travelling.
day, and for travelling to and from the city of Richmond, two dollars for every twenty miles.
Sect. I1. A court constituted in any of the cases above described, shall hear, determine and finally decide, all suits, process, matters and things submitted to their cognizance and jurisdiction aforesaid, and the judgment,
decree, sentence or order of the said court, shall be enHow their
forced and executed by process from the clerk of the judgments are to be enforc.
court of appeals, in the same manner as if it had been ed.
rendered or made by the court of appeals itself. When re
Sect. 12. Whensoever any appeal, writ of error or cords, on ap. supersedeas shall be granted, and a transcript of the repeals, &c. are cord be not sent to the court, on or before the second term to be sent up of the court of appeals, after the same shall have been
of appeals. granted, such appeal, writ of error or supersedeas shall
be dismissed, unless good cause be shewn to the con
Sect. 13. After the dismission of an appeal, or writ of of the dismis- 'error, or supersedeas in the court of appeals, high court sion of an ap- of chancery, general court, or any district court, no appeal, writ of
peal, writ of error, nor supersedeas shall be allowed.
Sect. 14. So much of all acts, as comes within the purview of this act, is hereby repealed.
An act against Forgery.
(Passed the 25th of November, 1789.) BE it enacted by the General Assembly, That if any Forgery, of person shall falsely make, forge or counterfeit, or cause what deeds, or procure to be falsely made, forged or counterfeited, or &c. felony
without bene. willingly act or assist in the false making, forging or coun- fit of clergy, terfeiting, any deed, will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, or any acquittance or receipt either for money or goods, with intention to defraud any person whatsoever, or shall utter or publish as true any false, forged or counterfeited deed, will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, indorsement or assignment of any bill of exchange or promissory note for payment of money, acquittance or receipt either for money or goods, with intention to defraud any person, knowing the same to be false, forged or counterfeited; then every such person being thereof lawfully convicted according to the due course of law, shall be deemed guilty of felony, and suffer death as a felon without benefit of clergy.
An act concerning the lost deeds, wills, records, and other writings of the county of Henrico.
(Passed the 25th of November, 1789.) Sect. 1. WHEREAS by an act of the General As. Preamble. sembly intitled “An act for the relief of persons who have been or may be injured by the destruction of the records of county courts," and made among other purposes for perpetuating the testimony of witnesses in relation to any deed, will, inventory or other writing recorded in the county courts, where the original is lost, and no attested copy thereof can be produced, it was enacted, that it should be lawful for the governor with the advice of council, to issue one or more commissions as the