Court days happening Sunday, court to be held next day. Suit may be brought in any circuit. Proviso. Prisoners confined in district jails, how to be dealt with Causes in district courts, how to disposed of. 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 Monday 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 the 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 fourthi Monday in April and the fourth Monday after the fourth Monday in September; and the said counties shall compose the thirteenth circuit. If any of the aforesaid days on which courts are directed to be holden in the two first circuits, shall happen to be Sunday, then the court shall be holden on the next day. 2. And be it further enacted, 'That a suit may be brought in any circuit court within this commonwealth, although the defendant or defendants should not reside within the jurisdiction of such court: Provided, the cause of action arose within such jurisdiction: And the defendant or defendants in such ease, may be held to bail, as if he, she or they were residents. 3. And be it further enacted, That every person now confined in the jail of any district court, upon a charge of felony or other offence, cognizable 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 deputy sheriff of such county, taking with him a certificate of the clerk that he is the principal or a deputy sheriff thereof, to remove such prisoner; for which service the same fees shall be allowed as for removing a criminal from the county to the district jail. And all recognizances for the appearance of any person before a district court on a charge or prosecution now cognizabie 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 clerk of the superior court of such county; and it shall be the duty of all persons recognized or prosecuted 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. 4. And be it further enacted, That all causes depending in the be former district courts of law, on the thirty-frst day of December, 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 transmitted 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 the same was executed: where there shall be more than one defendant, the papers shall be transmitted to the clerk of the superior court of that county in which it shall appear, from the original process in the cause, the first named defendant resided, at the time of the exccution thereof. If any clerk shall fall to ar Penalty on clerk for failure. range and transmit the papers as aforesaid, or to deliver them to 5. And be it further enacted, That in all cases where any writ Proceedings of certiorari or habeas corpus has heretofore been granted to re- where habeas move any action or suit from any inferior court to a district court, corpus or certio such cause shall be retained for final trial in the circuit court of the county where such district court was holden. rari has been granted. courts. 6. Be it further enacted, That the clerks of the county courts, Clerks of county shall be the clerks of the circuit courts holden in their counties courts to be respectively, except in the counties where district courts are held: clerks of circuit in those the district court clerks shall act as clerks of the circuit courts; or, where 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 appointment 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 taxed. respectively, if the profits of their said offices shall exceed threc hundred dollars per annum, pay annually into the public treasury such proportion of the excess, not exceeding one half thereof, as shall from 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, who 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 den, shall have full power to award execution, and shall have and exercise all such power relative to the same, as the district courts had. been taken. 9. And whereas two or more of the judges now in commissi- Proceedings on, in several instances, reside in the same circuit, in consequence where two judg whereof one or more of such judges will be necessarily sent on a foreign circuit or circuits; 10. Be it enacted, That in every such case where the circuit shall become 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 thereto, and the judge who shall be appointed to fill the vacancy occasioned by such death, resignation or removal, shall be allotted to, es reside in the same circuit. and reside in the circuit, which will be left vacant by such succession. Proceedings on 11. In all cases where bonds have been executed to replevy proreplevy bonds & 12 months bonds, perty, which has been exposed for sale under executions which emanated from the district courts, the clerks of 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 held, shall have and exercise all power relative to the said bonds and executions that the district courts had. Proceedings when judge is interested. Writ of certiora warded. 12. Be it further enacted. That when any judge of a circuit court shall be interested in any cause depending in bis circuit, or related to either of the parties, or in any manner situated so as to render 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 next circuit, and to the most convenient court in that circuit for trial. 13. And be it further enacted, That it shall be lawful for any ri, when to be a judge, if it shall appear to him that justice cannot be done in any cause depending in any county or corporation court within his circuit, 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 annexed to P. George. Prisoners, how to be tried when court ahall fail to sit. Repealed. ens acts of 1809, ch. 20, sect. 2. 14. Be it enacted, That the town of Petersburg shall be attached to, and within the jurisdiction of the circuit court holden in the county of Prince-George. 15. Be it further enacted, That whensoever it shall so happen that a term of any court hereby established shall from any cause fail to be holden, and previously to such term any person shall 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 his court, and shall issue all necessary subpoenas returnable to the special session so to be holden. 16. Be it further enacted, 'That a superior court of law shall be holden for the county of Accomac, at the courthouse thereof, en the first Monday in May and on the first Monday in October in every year. And a superior court of law shall in like manner be holden for the county of Northampton, at the courthouse thereof, on the third Monday in May and on the third Monday in October in every year, and each term of the said courts shall contiue twelve juridical days, unless the business thereof shall sooner be finished. 17. And be it further enacted, That, from and after the last day of February next, the clerks of the several county courts, except the clerks of those counties in which district courts were holden, shall have full power and authority, and they are hereby requiced to act as clerks of the superior courts of their respective coun ties until a clerk for the superior court shall be appointed and qualified. 18. And be it further enacted, That the clerk of the district Provision relacourt of Williamsburg shall be the clerk of the superior court of ting to Williams burg, James-City James City, and not of the superior court of York, and all judg- and York. ments rendered in the said district court before the first day of January last, which were on that day, wholly or in part unexecuted, shall be executed by the said superior court of James City. And in all cases where forthcoming bonds have been taken on any judgment rendered in the said district court, the superior court of James City shall have full power to award execution; and shall have and exercise all power relative to the same which the said district court had. And the said superior court of James City, and the clerk thereof, shall have the same power, and perform the same duties, relative to replevy bonds, and twelve months bonds, which the said district court had, and the clerk thereof might have performed. 19. Be it further enacted, That the courts established by this act and the acts to which this is an amendment, shall have concurrent jurisdiction with the quarterly courts in all matters of detinue and trover. In what cases concurrent juris diction with county courts. 20. And be it further enacted. That it shall and may be lawful Judges may exfor the judges of the courts established by this act, at any time to change circuits exchange with each other the circuits to which they may be assigned; which exchange shall be perpetual. 21. All acts and parts of acts coming within the purview of this act shall be and the same is hereby repealed. 22. This act shall commence and be in force from and after the passing thereof. Repealing clasue Commencement.. CHAP. VIL An Act, to amend the Act, en An Act to amend the Act, entitled [Passed January 24, 1809.] See Ret. C. 2d vol. p. 58, 83, 100; and sessions acts of 1803, ch. 91 1804, ch. 131805, ch. 70; also post, ch. 49 and 1809, ch. 19. lic ware-houses... E it enacted by the General Assembly, That when any to- Provision where bacco hath remained or shall hereafter remain undemand- tobacco shall reed in a public ware-house three years after the same hath been or main undemandshall be inspected, or where any inspected tobacco shall have been ed 3 years in pub or may hereafter be brought from an upper to a lower warehouse, and shall remain undemanded in the same for three years from the time of its reception therein, the inspectors shall advertise in any newspaper published in this commonwealth, most convenient to the ware-house where the tobacco may be, for three weeks suceessively, a list of the marks, numbers and weights of such tohacco, with the names of the persons for whom it was inspected And if no owner appears to claim the same within three months, they shall, at the next court to be holden for the county in which such ware-house shall be, after the expiration thereof, and advertising as aforesaid, deliver to the court the like list, which court is hereby empowered and required to order the same to be publicly sold at the court-house door, on a court day, to the highest bidder: The clerk of such court shall transmit within three months to the auditor of public accounts, a list of such tobacco so direct Penalty on inspectors for fail ing to pay. May be sued on their bonds. Storage to be paid. ed by the court to be sold, and the money arising from the sale thereof shall be paid by the inspectors to the treasurer of this state for the time being, on or before the tenth day of October then next following, who shall account for the same from time to time, to the General Assembly; and if any person, having a right to any tobacco, so sold, shail prove the same thereto, the said treasurer shall repay the same to such person or persons for whom such tobacco was sold. 2. And be it further enacted, That on the failure of such inspector or inspectors to pay into the treasury of this commonwealth, within the time hereinbefore mentioned, the money arising from the sale, or sales of such tobacco, or on his or their failure to pay any other money, which shall be due and payable from him or them to the commonwealth, according to law, it shall and may be lawful for the auditor of pubiic accounts, having given ten days previous notice on his or their bond or bonds, to recover judg ment in the general court, on motion against such inspector or inspectors, his or their security or securities, or his or their execu tors or administrators, for the amount so remaining due and unpaid with costs. 3. And be it further enacted, That any person or persons injur ed by the breach of the condition of any bond or bonds heretofore or hereafter given by any such inspector or inspectors, may and shall, at his, her or their costs and charges, commence and prosecute suits on such bond or bonds in the name of the Governor or Chief Magistrate, or his successors, against the parties therein bound; their executors or administrators, and shall and may recover all damages which he, she or they may have sustained by reason of the breach of the condition or conditions of such bond or bonds; in which suit or suits, a copy of such bond or bonds shall be legal evidence, if certified by the clerk of the court of that county in which it shall have been taken, unless the defendant or defendants shall plead "non est factum," in which case the original shall be produced. And such bond or bonds shall not become void upon the first recovery, or if judgment shall be given against any plaintiff or plaintiffs who shall sue thereon; but suits may be prosecuted thereon, from time to time, for the benefit and at the proper costs and charges of any party injured, until the penalty expressed in such bond or bonds shall be recovered: Provided always, That if any verdict or judgment shall pass for the defenfant or defendants in any such suit, the person at whose instance such suit shall have been brought or prosecuted, shall pay such defendant or defendants, his or their costs. 4. And be it further enacted, That the proprietor or proprie tors of all tobacco shall pay the same storage as heretofore, and that the commonwealth be bound to make good ail and every loss, Commonwealth, which how long responany person or persons may sustain by his or their tobacco, sible. so stored, being destroyed by fire within any period of time not execeding two years from the date of its inspection. Remedy where inspector's re 5. And be it further enacted, That if any inspector's receipt or receipts hath been or shall be actually lost, mislaid or destroyed ceipt may be lost. in the lifetime of the person or persons entitled to receive the tobacco by virtue of such receipt or receipts, or between the death of such person or persons, and the qualification of his, her or their executors or administrators, the executors or administrators of such person or persons shall be entitled to receive a duplicate of the same Provided, The number and date of every such receipt |
