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against the principal debtor or debtors, his, her or their executors or administrators, or to any judgment which hath been, or shall be rendered, or given in favor of any person or persons, against another, for any sum or sums of money received as attorney, sheriff, sergeant, coroner, constable, guardian, executor, administrator or committee of an ideot or lunatic, or other person of unsound mind, or as receiver, or trustee under any order or decree of any court of law or equity, or to any judgment which hath been or shall be recovered by the state, or to any judgment which hath been or shall be recovered against a sheriff, under sheriff or other public officer, or their securities, or the heirs, executors or administrators of such sheriff, under sheriff or other public officer, or their securities, for any other delinquency whatsoever, or to any judg ment, which hath been, or shall be obtained by any bank established by law, or to any judgment or execution moved or issued by the Mutual Assurance Society against fire on buildings of the state of Virginia, or by any body politic or corporate, against delinquent subscribers to their capital stock.

security.

9. And be it further enacted, That nothing in this act contained Plaintiff whose shall be so construed as to prevent any plaintiff or plaintiffs, his, judgm't is stayed her or their executors, administrators or assigns, whose judgment by this act, may or execution may be stayed by this act, from resorting to his, her resort to original or their original security or securities, his, her or their executors or administrators, for the recovery of his, her or their original debt or demand; Provided, due diligence be used after the expira- Proviso. tion of this act to enforce the payment of such bond or bonds, as to him, her or them may be made or given, under the anthority of this act; nor shall any such bond be regarded as a satisfaction of the debt or demand, on account of which it shall be so made or given, until the same shall be actually paid.

10. Be it enacted, That such original security, his, her or their Original security executors or administrators, may, at any time, move for counter- may move for security in the same manner as the securities mentioned in the counter-security. Proceedings eighth section of this act. And, in case the principal debtor or where it is not debtors, his, her or their executors or administrators, fail to give given. such security, then execution may immediately issue against such principal debtor or debtors, his, her or their executors or adminis trators, and his, her or their last security or securities, in favor of the creditor, and for the relief of the said original security or securities, who nevertheless shall remain bound to the creditor, in the terms of his, her or their original contract.

levied.

11. And be it further enacted, That in case any defendant or Commissions, &c. defendants shall fail to give such bond and security as is authoris- of sheriff, where ed by this act, until after the sheriff or other officer shall have le- bond is not given vied any execution, which to him shall have issued, the sheriff or before execution other officer, who shall so have levied the execution, shall be entitled to the same commissions as heretofore were allowed on taking replevy bonds, and may issue his tickets, and have the same remedy for their collection against such defendant or defendants, as heretofore was given against the plaintiff in such forthcoming bonds. And in such case, the sheriff or other officer shall deliver to such defendant or defendants the property so taken in execution, upon his, her or their producing and delivering to him a certificate from the clerk issuing such execution, that bond with secu rity hath been given according to the provisions of this act.

12. And be it further enacted, That the clerk of any court, or Fee to officer for other officer, shall be entitled to sixty-three cents for each bond he taking bond.

Costs to be paid Before the bene

fit of this act can

had.

Proceedings to be had where de.

may take under the authority of this act, to be paid by the defend. ant or defendants executing such bond, and collected in like marner as fees for other services.

13. Be it further enacted, That before any defendant or defendants, shall avail himself, herself or themselves, of all, or any of the provisions of this act, he, she or they shall pay off and satisfy all costs which shall have accrued upon the judgment, decree, execution, sale, or other proceeding to be stayed.

14. And be it further enacted, That in all instances where any fendants, &c. do person, who, under the provisions of this act, is authorised to stay not avail them- proceedings on any judgment, deed of trust, decree, execution, selves of the pro- distress, or upon any forthcoming bond, replevy bond taken on disvisions of this act. tress for rent, or on levying an execution, or bond given for pro

Where bond is

continue.

perty sold on twelve months credit, by giving bond with security, in the manner heretofore directed, shall fail to avail himself of the indulgence, all property taken by virtue of such judgment, execution, decree, deed of trust, and upon every such forthcoming bond, replevy bond taken on distress for rent, or on levying an execution or bond given for property sold on twelve months credit, the time and place of sale being previously duly notified, shall be sold to the highest bidder, and bond or bonds from the purchaser or purchasers, unless he, she or they shall be the creditor, with sufficient security, shall be taken by the officer, or other person or persons conducting the sale, payable to him or them to whom the money may be due, or to his, her or their executors or administrators, in double the amount of the purchase, conditioned for the payment of the amount purchased by the purchaser or purchasers, with interest on so much thereof as shall be sufficient to satisfy the pur chase, payable at the expiration or repeal of this act: And the said bond or bonds shall have the force of a judgment, shall be assignable, and when due, may be proceeded on as twelve months replevy bonds may be proceeded on when due.

15. And be it further enacted, That upon all mortgages and given to stay pro- deeds of trust, where proceedings shall be delayed by the debtor ceedingson deeds of trust, &c. lien giving bond with security, or where the property shall be sold, as on the property to prescribed by this act, the lien on the property so mortgaged or conveyed in trust shall not be removed, until the bond so given shall be discharged; and when such discharge shall be in conse quence of payment by the security or securities in any such bond, his, her or their executors or administrators, he, she or they so paying shall acquire the right, and be substituted in the place of the original creditor or creditors holding such lien, and a sale may take place at the instance of the one, as it could have done at the instance of the other, had such payment not have been

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made.

16. And be it further enacted, When, by virtue of this act, property shall be sold on a credit, to expire with the expiration or repeal of this act, where the property shall sell for more than the sum due from the debtor or debtors, the sheriff or other person making sale thereof, shall take bond with sufficient security, payable to the debtor or debtors, his, her or their executors or administrators, in double the amount of such excess, conditioned for the payment thereof, which bond shall have the force of a judg ment, and at the expiration of this act the same proceedings shall be had thereon, as are had on twelve months replevy bonds when due.

17. And be it further enacted, That the act, entitled "An act, Replevy law reconcerning the sale of property under executions and incumbran- pealed in part. ces." passed the first day of February, in the year eighteen hundred and eight, shall be, and the same is hereby repealed, except so much thereof as was intended to be perpetual.

18. This act shall continue in force till the rising of the next General Assembly.

19. This act shall be in force from the passing thereof.

CHAP. VI.

An Act, to amend an Act, entitled an Act, to organize and establish a Superior Court of Law in each county of this commonwealth, and also an Act Supplemental thereto, passed in the last session of the General Assembly.

1.

B'

[Passed February 4, 1809.]

Continuation of this act. Commencement:

See Revd.

C. 2d vol. p.

148, 154, and sessions acts of 1807, ch. 3, 4.

consist of 13 judges, and one to be allotted to each circuit into which the state is

to be divided.

E it enacted by the General Assembly, That the general court General court to shall consist of thirteen judges, to be elected and commissioned in the manner directed by the constitution, and that the state shall be divided into thirteen circuits, and one judge of the general court assigned to each circuit, who shall hold a court twice in each and every year, at the courthouse of each county in his circuit, at the times and in the manner hereinafter directed. A court shall be holden in Elizabeth City, on the first day of A- Arrangement of pril and the first day of September; in Warwick, on the fifth day the counties into of April and the fifth day of September; in York, on the ninth circuits, & days day of April and the ninth day of September; in James City, on of holding courts: the fifteenth day of April and the fifteenth day of September; in Charles City, on the twenty-first day of April and the twenty-first day of September; in New Kent, on the twenty-eighth day of April and the twenty-eighth day of September; in King William, on the sixth day of May and the sixth day of October; in Middlesex, on the twelfth day of May and the twelfth day of October; in Gloucester, on the twenty-second day of May and the twenty-second day of October; in Mathews, on the twentyeighth day of May and the twenty-eighth day of October; and the said counties shall compose the first circuit. A court shall be holden in Greensville, on the first day of April and first day of September; in Southampton, on the seventh day of April and the seventh day of September; in Sussex, on the fifteenth day of April and the fifteenth day of September; in Prince George, on the twenty-second day of April and the twenty-second day of September; in Surry, on the twenty-ninth day of April and the twenty-ninth day of September; in Isle of Wight, on the seventh day of May and the seventh day of October; in Nansemond, on the fifteenth day of May and the fifteenth day of October; in Norfolk, on the twenty-second day of May and the twenty-second day of October; in Princess-Anne, on the thirtieth day of May and the thirtieth day of October ; and the said counties shall compose the second circuit. A court shall be holden in Northumberland, on the first Monday in April and on the first Monday in September in Lancaster, on the second Monday in April and on the second Monday in September; in Richmond county, on the third Monday in April and on the third Monday in September; in Westmoreland, on the first Tuesday after the fourth Monday in

B

April and on the first Tuesday after the fourth Monday in September; in King George, on the second Tuesday after the fourth Monday in April and on the second Tuesday after the fourth Monday in September; in Stafford, on the third Tuesday after the fourth Monday in April and on the third Tuesday after the fourth Monday in September; in Prince William, on the third Monday after the fourth Monday in April and on the third Monday after the fourth Monday in September; in Fairfax, on the fourth Monday after the fourth Monday in April and on the fourth Monday after the fourth Monday in September; and the said counties shall compose the third circuit. A court shall be holden in Goochland, on the first Monday in April and the first Monday in September; in Henrico, at the capitol, in the city of Richmond, on the second Monday in April and the second Monday in September; in Hanover, on the fourth Monday in April and the fourth Monday in September; in King and Queen, on the first Monday after the fourth Monday in April and the first Monday after the fourth Monday in September; in Essex, on the second Monday after the fourth Monday in April and the second Monday after the fourth Monday in September; in Caroline, on the third Monday after the fourth Monday in April and the third Monday after the fourth Monday in September; and in Spottsylvania, on the fourth Monday after the fourth Monday in April and the fourth Monday after the fourth Monday in September; and the said counties shall compose the fourth circuit. A court shall be holden in Dinwiddie, on the first Monday in April and the first Monday in September; in Brunswick, on the second Monday in April and the second Monday in September; in Lunenburg, on the third Monday in April and the third Monday in September; in Nottoway, on the fourth Monday in April and the fourth Monday in September; in Amelia, on the first Monday after the fourth Monday in April and the first Monday af ter the fourth Monday in September; in Powhatan, on the second Monday after the fourth Monday in April and the second Monday after the fourth Monday in September; in Chesterfield, on the third Monday after the fourth Monday in April and the third Monday after the fourth Monday in September; and the said counties shall compose the fifth circuit. A court shall be holden in Mecklenburg, on the first Monday in April and the first Monday in September; in Charlotte, on the second Monday in April and the second Monday in September; in Halifax, on the third Monday in April and the third Monday in September; in Pittsylvania, on the fourth Monday in April and the fourth Monday in September; in Henry, on the first Monday after the fourth Monday in April and the first Monday after the fourth Monday in September; in Patrick, the Thursday after the comnencement of Henry court; in Franklin, the Thursday after the commencement of Patrick court in April and September in each year; and the said counties shall compose the sixth circuit. A court shall be holden in Campbell, on the first Monday in April and the first Monday in September; in Bedford, on the second Monday in April and the second Monday in September; in Buckingban, on the third Monday in April and the third Monday in September; in Prince-Edward, on the fourth Monday in Apr and the fourth Monday in September; in Cumberland, on the first Monday after the fourth Monday in April and the first Monday after the fourth Monday in September; in Fluvanna, on

the second Monday after the fourth Monday in April and the sccond Monday after the fourth Monday in September; in Louisa, on the first Tuesday after the third Monday after the fourth Monday in April and on the first Tuesday after the third Monday after the fourth Monday in September; and the said counties shall compose the seventh circuit. A court shall be holden in Bath, on the first Monday in April and the first Monday in September; in Rockbridge, on the second Monday in April, and the second Monday in September; in Augusta, on the third Monday in April and the third Monday in September; in Amherst, on the fourth Monday in April and the fourth Monday in September; in Nelson, on the first Monday after the fourth Monday in April, and the first Monday after the fourth Monday in September; in Albemarle, on the second Monday after the fourth Monday in April and the second Monday after the fourth Monday in September; and the said counties shall compose the eighth circuit. A court shall be holden in Culpeper, on the first Monday in April and the first Monday in September; in Madison, on the second Monday in April and the second Monday in September; in Orange, on the third Monday in April and the third Monday in September; in Rockingham, on the fourth Mondey in April and the fourth Monday in September; in Pendleton, on the first Monday after the fourth Monday in April and the first Monday after the fourth Monday in September; in Hardy, on the second Monday after the fourth Monday in April and the second Monday after the fourth Monday in September; in Shenandoah, on the third Monday after the fourth Monday in April and the third Monday after the fourth Monday in September; and the said counties shall compose the ninth circuit. A court shall be holden in Loudoun, on the first Monday in April and the first Monday in September; in Fauquier, on the second Monday in April and the second Monday in September; in Jefferson, on the third Monday in April and the third Monday in September; in Berkeley, on the fourth Monday in April and the fourth Monday in September; in Hampshire, on the first Monday after the fourth Monday in April and the first Monday after the fourth Monday in September; in Frederick, on the second Monday after the fourth Monday in April and the second Monday after the fourth Monday in September; and the said counties shall compose the tenth circuit. A court shall be holden in Brooke, on the second Monday in April and the second Monday in September; in Ohio, on the third Monday in April and the third Monday in September; in Wood, on the fourth Monday in April and the fourth Monday in September; in Harrison, on the first Monday after the fourth Monday in April and the first Monday after the fourth Monday in September; in Randolph, on the second Monday after the fourth Monday in April and the second Monday after the fourth Monday in September; in Monongalia, on the third Monday after the fourth Monday in April and the third Monday after the fourth Monday in September; and the said counties shall compose the eleventh circuit. A court shall be bolden in Botetourt, on the first Monday in April and the first Monday in September; in Monroe, on the second Monday in April and the second Monday in September; in Greenbrier, on the third Monday in April and the third Monday in September; in Kanawha, on the fourth Monday in April and the fourth Monday in September; in Mason, on the first Monday after the fourth Monday in April and the first Monday after the

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