!

house of this commonwealth, such person or persons shall be allowed the same right of challenge as is allowed to persons arraigned for felony

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

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CHAP. V.

O See post ch. An Act concerning Executions, and for other purposes, 43, 48, & Sess'ns,

acts of 1809, ch. [Passed January 31, 1809.)

13, 18. E it enacted by the General Assembly, That the defendant or 1.

Conditions on defendants shall have power to stay exccution upon any which defendants judgment or decree for money, which hath been or shall be render' may stay execued either by a court or justice of the peaco, by tendering to the ments & decrees.

tions on judge court or justice of the peace by whom judgment shall have been rendered, within sixty days after the rendition of any judgment hereafter to be rendered, or within sixty days from the commencement of this act, as to any judgment or decree heretofore rendered, bond with sufficient security, payable to the plaintiff, or plaintiffs, his, her or their executors, administrators or assigns, in double the amount of the demand, conditioned to pay the principal and interest; Provided always, that the said bond and security may be given, either in court, or in the clerk's office of said court at any time within the aforesaid sixty days.

2. And be it further enacted, That when any distress for rent On proceedings due in money shall be made, the tenant may stay proceedings on on distress för such distress, by giving like bond with sufficient security, to rent. the sheriff or other officer levying the same, payable to the landlord, his executors, administrators or assigns, which bond it shall be the duty of such officer to deliver to the landlord, his agent, or attorney; or to return the same to the clerk's office of the county or corporation in which the distress shall have been made, within thirty days thereafter.

3. And be it further enacted, That no execution shall issue up- And on replevy, on any replevy bond, bond given for property sold on twelve 12 months and months credit, or forfeited forthcoming bond heretofore executed, forthcoming

bonds. provided, the obligors or their legal representatives shall give like bond and security to the court, or, if that bo not holden, in the clerk's office of the court which by law now is, or hereafter shall be authorised to enforce the payment of sach bond, within sixty days after the passage of this act, or before such replevy bond shall become due, or execution be awarded on such forfeited forthcoming bond.

4. And be it further enacted, That every unsatisfied execution Unsatisfied exe. for money, which at the commencement of this act shall be in cutions in offithe hands of any sheriff, or other officer, may be stayed in the cers' hands to be

stayed same manner as a judgment : Provided, the bond and seeurity be Proviso. given for such purpose before the officer proceeds to sell.

5. And be it further enacted, That the bands taken in pursu- Bonds under this ance of this act, shall have the force of a judgment, and be as- act to have the signable, and, upon the expiration of this act, may be acted upon ment, be assigna

force of a judgas twelve months replevy bonds may be proceeded upon when bie, &c. due.

6. And be it further enacted, That all proceedings shall be sus. Proceedings on pended upon any decree rendered by any court of chancery for the decrees for sale sale of real or personal property, and also all proceedings by any on trust deeds, may be stayed in trustee, on any deed of trust, may be stayed in the same manner as the same Danner.

a judgment may be stayed by virtue of the first section of this

act; in which case the bond with security is to be given in the Proviso. name of the creditor to the trustee or commissioners: Prorided

ncrertheless, That nothing in this act contained shall be so consirued as to extend to any deed of trust, mortgage, or other lien on real or personal estate, given or created to indemnify any perSon or persons as security, or to secure the

l'e-payment

of

any money paid by any person or persons as security for another, or to · secure the payment of any sum or sums of money, received by ano

ther as attorney, sheriff, sergeant, coroner, constable, guardian, executor, adıninistrator or committee of an ideot or lunatic, or cher person of unsound inind, or as receiver, or trustee under any

order or decree of any court of law or equity. Proceeding, tobe

7. And be it further enacted, That if at any time the obligpe or had when the 0. bligee shall think obligues, his, ier or their executors, administrators or assigns of the security in- any of the bonds to be taken by virtue of this act, shall think the sufficient. security insufficient, or likely to become so, he, she or they, as

the case may be, shall have power upon giving ten days notice to the principal debtor, or debtors, his, her or their executors or administrators, if to be found in the county or circuit, and if not to be found, on advertising the same for one month, at the courthouse door, to move the court, to stay whose judgment or exeeution the bond and security shall have been given, for new security, which is the court award, and the defendant or defendants, his, her or their exccutor's or administrators, shall fail to give, he, she ar they, as the case may be, shall be deprived of the benefit of this act, and the bond theretofore giver, shall be proceeded upon as it this act had expired. The landlord, his executors, administrators or assigns, shall have the same remedy against his tenant, his, her or their executors or administrators as to insufficient security, before the court of that county or corporation in which the dis

tress was made. Secunities may

8. And be it further enacted, That any security to bonds, given require counter- by virtue of this act, his, her or their executors or administrators, security.

shall have power (with like notice to require counter-security; and upon failure of the principal debtor or debtors, liis, heror their executors or administrators, to give such, he, she or they shall forfeit the privileges of this act, and execution may go against the principal debtor or debtors, his, her or their executors or administrators, in favor of the creditor, and for the relief of the said security or securities, who nevertheless shall remain bound

to the original creditor in terms of their bond. Proviso.

Provided always, That no judgment, exceution or sale shall be stayed, until bond, with security, according to the provisions of this act, shall have been given; and that this act shall be constru

ed to apply only to judgments for money arising upon contract Cases to which heretofore entered into, and to judgments for money, which have the provisions of been or may be rendered in suits where the cause of action shall this act extend.

have accrued before the passage of this act ; but that it shall not extend to judgments in actions of slander, assault and battery, trespass, and actions on the case founded in tort, and tbat it shall not apply to any judgment which shall be, or may have been recovered by any person or persons, bis, lier or their executors or administrators, as security against another, or to any judgment which shall be, or may have been recovered by any person or persons, his, her or their executors or adıninistrators, as seeurity, 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 unsouod 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 judgment, 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 stato of Virginia, or by any body politic or corporate, against delinquent subscribers to their capital stock.

9. And be it further enacted, That nothing in this act contained Plaintiff whoso 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

security. 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.

1 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 authority 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 exécutors 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, ber 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.

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

levied. 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 sball 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 ko tuking bond.

may take under the authority of this act, to be paid by the defond. ant or defendants executing such bond, and collected in like man

ner as fees for other services. Costs to be paid

13. Be it further enacted, That before any defendant or defendBefore the bene. At of this act can ants, shall avail himself, herself or themselves, of all, or any of bad. the provisions of this act, he, she or they shall pay off and satisfy

all costs which shall have accrued upon the judgment, decree, ex

ecution, sale, or other proceeding to be stayed. Proceedings to 14. And be it further enacted, That in all instances where any be had where de. 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 disa visions of this act. tress for rent, or on levying an execution, or bond given for pro

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, deel 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, shc or they shall be the creditor, with suficient 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, is double the amount of the purchase, conditioned for the payment of the amount purchased by the purchaser or purchasers, witb isterest on so much thereof as shall be sufficient to satisfy the purchase, 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 wlien due, inay be proceeded on as twelve months

replevy bonds may be proceeded on when due. Where bond is

15. And be it further enacted, That upon all mortgages and riven 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 continue.

conveyed in trust shall not be removed, until the bond so given shall be discharged; and when such discharge shall be in consequence of payment by the security or securities in any such bond, his, her or their executors or administrators, he, she or they sp paying sball 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

made. Proceedings 16. And be it further enacted, When, by virtue of this act, prowhere property perty shall be sold on a credit, to expire with the expiration or react, may bring peal of this act, where the property shall sell for inore than the

than the sum due from the debtor or debtors, the sheriff or other person debt, &c. making sale thereof, shall take bond with sufficient security, paya

ble 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 tho samo proceedings shall be liad thereon, as are had on twelve months replevy bonds when due.

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more

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

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

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

Commencement:

CHAP. VI.

C. 2d vol. p.

In Act, to amend an Act, entitled an Act, to organize and establish

See Revd, a Superior Court of Law in each county of this cominn nwealth, 148, 154, and and also an Act Supplemental thercto, passed in the last session sessions acts of of the General Assembly.

1807, ch. 3, 4. [Passed February 4, 1809.] 1. Bestan consists of " lifteen judges, to be elected

and cominis courget

, and one E it endeted by the General Assembly, That the general court General court to

consist of 13

judges sioned in the manner directed by the constitution, and that the to be allotted to state shall be divided into thirteen circuits, and one judge of the each circuit into general court assigned to each circuit, who shall hold a court which the state is

to be divided. 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 fibih day the counties into of April and the fifth day of September; in York, on the ninti circuits, & vays 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 Septemler; 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 A. pril 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-eiglıth day of October; and the said counties shall compose the first circuit. A court shall be holden in Grcensville, 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-seeond day of October; in Princess-Annc, 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 liolden in Northum, berland, on the first Monday in April and on the first nionday in September: in Lancaster, on the second Monday in April and on the second Monday in Septeinber; in Richmond counts, on the

; third Monday in April and on the third Monday in September; in Westmoreland, on the first Tuesday after the fourth Monday in

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