April and on the first Tuesday after the fourth Monday in Soptember; 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 Mon. day 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 Spott. sylvania, on the fourth Monday after the fourth Monday in A. pril 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 Dinwiddic, on the first Monday in A. pril 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 Mondayin 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 Mon. day 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 commencement 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 secood Morras in April and the sccond Monday in September; in Buckin bani, on the third Monday in April and the third Monday in Sipiemci'; in Prince-Edward, on the fourth Monday in Aprl and the fourth Monday in September ; in Cumberland, on the first Monday after the fourth Monday in April and the first Monday after ih 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 tlørd 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 Mon. day 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 ure 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 Septembers 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 se.cond 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 Broeke, 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 Mon. day 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 Kanawlia, 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 fourth Monday in September; in Cabell, 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 welfth eircuit. A court shall be holden in Grayson, on the first Monlay in April and the first Monday in September; in Washington, on the second Monday in April and the second Monday in September; in Lee, on the third Monday in April and the third Monday in September; in Russell, on the fourth Monday in April and the fourth Monday in September; in Tazewell, on the first Monday after the fourth Monday in April and the first Monday after the fourth Monday in September; in Giles, on the second Monday after the fourth Monday in April and thio second Monday after the fourth Monday in September; in Montgomery, on the third Monday after the fourth Monday in April and the third Monday after the fourth Monday in September; in Wythe, on the fourth Monday after the fourth Monday in April and the fourth Monday after the fourth Wonday in September;

and the said counties shall compose the thirteenth circuit. Court days hap- If any of the aforesaid days op which courts are directed to be pening Sunday holden in the two first circuits, shall happen to be Sunday, then court to be held next day.

tlic court shall be holden on the next day. Suit may be

2. And be it further enacted, That a suit may be brought in abrought in any ny circuit court within this commonwealth, although the defencircuit. dant or defendants should not reside within the jurisdiction of Proviso. such court : Provided, the cause of action arose within such ja.

risdiction : And the defendant or defendants in such case, may be

held to bail, as if he, she or they were residents. Prisoners confin.

3. And be it further enacted, That every person now confined ed in disi rict jails, how to be

in the jail of any distriet court, upon a charge of selony or other dealt with,

offence, cogaizablo in the superior court of a county, shall be removed to the jail of the county where the felony or other offence was committed ; and it shall be the duty of the principal or de

1 puty sheriff of such county, taking with him a certificate of the clerk that he is the principal or a deputy sheriff thereof, to reinove such prisoner ; for which service the same fees shall be allowed as for removing a criminal from the county to the distriet jail. And all recognizances for the appearance of any person beforc a district court on a charge or prosecution now cognizable by the superior court of any county, together with all papers relating to prosecutions of every kind, depending in the district courts, shall be transmitted to the elerk of the superior court of such county; and it shall be the duty of all persons recognized or prosceuted to appear before the superior court of such county, having jurisdiction thereof, on the first day of next term, upon pain of

forfeiture of their recognizance. Causes in district 4. And be it further enacted, That all causes depending in the courts, how to be former district courts of law, on the thirty-Erst day of Deceniber, disposed of.

one thousand eight hundred and eight, shall be arranged by the

respective clerks thereof; and all the papers and documents beNatics of clerks. longing to each cause, and copies of all orders, and a statement of

the costs, shall be by the said clerks tra:ismitted to the clerks of the superior courts of those counties respectively in which it shall appear, from the original process, the defendant resided at the time Ilie same was executed: wliere there shall be more than one defendant, the papers shall be transmitted to the clerk of the superior (ourt of that county in wliich it shall appear, from the ori

ginal process in the cause, the first named defendant resided, at Tepalty on cierk for failure.

the time of thic esccution thereof. If any clc:k shall ful to ar

courts.

IN TIL TIIRTY-THIRD YEAR OF THE COMMONWEALTH,

(13) range and transmit the papers as aforesaid, or to deliver them to the clerk of any circuit court, within four months after the passage of this act, he shall for every such offence forfeit and pay the sum of two hundred dollars, to be recovered in any court of record within this commonwealth: Provided, That in all cases of Proviso, caveat, and in all actions, rcal or mixed, or in which the title or bounds of lands is or may be drawn in question, the papers shall be transmitted to the clerk of the circuit court of the county in which the lands shall lie, or if the lands shall lie in two or inore counties, to either of thein.

5. And be it further enacted, That in all cases where any writ Proceedings of certjorari or habeas corpus has heretofore been granted to re- where habeas move any action or suit froin any inferior court to a district court, corpus or certio,

rari has been such cause shall be retained for final trial in the circuit court of

granted the county where such district court was holden.

6. Be it further enacted, l'hat the clerks of the county courts, Clerks of county shall be the clerks of the circuit courts bolden in their counties courts to be respectively, except in the counties where district courts aro held: clerks of circuit in those the district court clerks shall act as clerks of the cir. cuit couris; or, wliere the clerk of the county court shall refuse to perform the duties of clerk of the circuit court or any judge shall be of opinion that the clerk of the county is not capable of discharging the duties of his office, in such case the judge may appoint a fit clerk: And provided also, That every clerk appoint. Proviso. · ed by virtue of this act, before his appointinent shall be effectual, shall enter into bond with approved security, and take the oath of office at the next circuit court, in the same manner as provided by the acts to which this is amendatory; and in case of failure, it shall be lawful for such circuit court to appoint some other person to fill such office. The clerks of the several courts established by Clerks when they this act, and by the acts to which the same is an amendment, shall may be tused: respectively, if the profits of their said offices shall exceed three hundred dollars per annum, pay annually into the public treasury such proportion of the excess, not exceeding ono half thereof, as shall froin time to time be directed by law: Provided nevertheless, That nothing hercin contained shall be so construed as to tax the clerks of the late district courts, wlio shall become clerks of the superior courts by virtue of this act.

7. And be it further enacted, That the clerks of the courts a- Offices to be kept foresaid shall keep their offices at the courthouses of the counties at courthouses, in which they are or may be clerks.

8. Be it enacted, That in all cases where forthcoming bonds Proceedings have been taken on any judgment rendered in any district court, where forthcom. the circuit court of the county in which the district court was hol. ing bonds have

been taken. den, shall lave full power to award exeeution, and shall have and exercise all such power relative to the same, as the district courts had.

9. And wohereas two or more of the judges now in commissi- Proceedings on, in several instances, reside in the sanie circuit, in consequence where two judo whereof one or more of such judges will be necessarily sent on a

es reside in the

same circuit. foreign circuit or circuits ;

10. Be it enacted, That in every such case where the circuit shall hecome vacant by the death, resignation or removal from office of the judge allotted thereto, the judge who shall be next oldest in commission, resident within the same circuit, shall succeed thercto, and the judge who shall be appointed to fill the vacancy occasioned by such death, resignation or removal, shall be allotted to,

and reside in the circuit, which will be left vacant by such sue

cession. Proceedings on 11. In all cases where bonds have been executed to replevy pro12 months bonds, perty, which has been exposed for sale under exeeutions which

.
cmanated from the district courts, the clerksof the circuit courts in
the counties in which the disiriot courts were holden, shall have
full power to issue executions thereon, when they shall become
due, in the same manner and under the same regulations that the
clerks of the district courts had. The same power shall also be
exercised by the said clerks over twelve months bonds. The cir-
cuit courts of the counties in which the district courts were beld,
shall have and exercise all power relative to the said bontis and

executions that the district courts had. Proceedings

12. Be it further enacted. That when any judge of a circuit court when judge is interested.

shall be interested in any cause depending in bis circuit, or reiated to either of the parties, or in any manner situated so as to ren. der it improper in his judgment to preside at the trial, it shall be lawful for such judge to cause the same to be removed to the bext circuit, and to the most convenient court in that circuit for

trial. rit of certiora.. 1.3. And be it further enacted, That it shall be lawful for any ti, when to be a judge, if it shall

appear to him that justice cannot be done in any cause dependios in any county or corporation court within his cirsuit, and that it has come to the knowledge of the party after issue joined or a writ of enquiry awarded, to award a writ of certiorari at the instance of either party in the manner other writs of

certiorari are awarded. Petersburg an.

14. Be it enacted, That the town of Petersburg shall be attachnexed to P. Gcorge.

ed to, and within the jurisdiction of the circuit court holdcn in the

county of Prince-George. Prisoners, how to 15. Be it further enacted, That whensoever it shall so happen be tried when that a term of any court hereby established shall from any cause court ahall fail to fail to be bolden, and previously to such term any person shall sit.

have been imprisoned in the jail of such court, charged with any crime or offence punished with the loss of life, or by imprisonment in the jail and penitentiary house, it shall be the duty of the judge of such court to appoint a special session of such court, for the trial of such offence. And in such case the judge shall issue his warrant under his hand and seal, addressed to the clerk, who shall give notice to the commonwealth's attorney and other officers of liis court, and shall issue all necessary subpænas returnable to the

special session so to be holden. xpealed.

16. Be it further enacted, That a superior court of law shall Post ch. 50, be holden for the county of Accomac, at the courthouse thereof, sect. 2, see sessi

on the first Monday in May and on the first Monday in October ons acts of 1809, ch. 20, sect. 2.

in every year. And a superior court of law shall in like manner be bolden for the county of Northampton, at the courthouse there. of, on the third Monday in May and on the third Monday in October in every year, and each term of the said courts shall contibiuc twelve juridical days, unless the business thereot' shall sooner be finished.

17. And be it further enacted, Tbat, from and after the last day Clerks of county rouris to act tíl of February next, the clerks of the several county courts, except ftlers are quali: the clerks of those counties in which district courts were bolden, tícil.

shall have full power and authority, and they are hereby required to act as cleris vitue superior courts of their respective coun: