Abbildungen der Seite
PDF
EPUB

til a more commodious one can be built; the said die rectors are hereby empowered to enlarge the same. Provided nevertheless, there shall not be drawn out of Proviso, as the publick treasury for any or all the said purposes and expensum exceeding twenty thousand pounds; and the di- ditures: rectors aforesaid are hereby prohibited from making any contracts for erecting any of the publick buildings described by this act to be built on any of the squares appropriated for publick use, fixing on the squares or laying off the additional lots until further provision shall be made for the same by the general assembly. And be it farther enacted, That from and after the last When the day of April which shall be in the year of our Lord courts and the thousand seven hundred and eighty, the said court

general ag

sembly to of appeals, high court of chancery, general courty and sit at Rich. court of admiralty shall hold their sessions in the apart mond. ments prepared for them by the said directors, that the first meeting of the general assembly after the same day shall be in such house or houses as shall be provided by the said directors; that the clerks of the two houses of assembly and of the several courts before mentioned, shall previously cause to be removed thither at the publick expence, the records, papers, and other things belonging to their respective offices; and that the keeper of the publick jail shall in like manner Cause all prisoners in his custody to be removed to the publick jail so to be built as before directed, which shall thenceforward be deemed and used as the publiek jail spoken of by the laws whether heretofore or hereafter passed.

CHAP. XXII.

(From Reais

sed Bills of : An act constituting the Court of 1919, chap.

XCIII. p. 64. Appeals.

Chan. Rey.

p. 102.) I. BE it enacted by the General Assembly, That a Court of ap: court of appeals for hearing and determining suits Deals este.

blished which ought to be instituted there, and for finally deeiding those which are herein after referred to that tri

M

VOL. X.

buvai, shall be holden twice in every year, namely,

on the twenty ninth, or when that shall happen to be T'erms. Sunday, on the thirtieth day of March and August,

and shall sit in the whole, six judicial days successively each time (unless the business depending before them be sooner dispatched) at the capitol in Williamsburg, or at such other place as shall be appointed by the general assembly, or in their recess, by the goverhour, with advice of the privy council, in any such

emergency as will make the adjournment of any other Of wdrat jud- court by bis writ lawful. The judges of the high court ges constitu- of chancery, general court, and court of admiralty, ted.

shall be judges of the court of appeals, of whom the Precedence first shall take precedeuce, and the second be next int of judges. rank, and five of them shall be a sufficient number to

constitute the court. Every judge before he exercise this office, shall in that court openly give assurance of

fidelity to the commonwealth, and take this oath: Oath of jud. “ You shall swear that you will well and truly serve ges. this commonwealth in the office of a judge of the court

of appeals, and that you will do equal right to all man-
ner of people, great and small, high and low, rich and
poor, without respect of persons. You shall not take
by yourself, or by any other, any.gist, fee, or reward
of gold, silver, or any other thing, directly or indis
rectly of any person or persons great or small, for any
matter done or to be done by virtue of your office, ex-
cept such fees or salary as shall be by law appointed:
You shall not maintain by yourself or any other, pris
vily or openly, any plea or quarrel depending in the
courts of this commonwealth. You shall not delay
any person of right for the letters or request of any
person, nor for
any other

any

letter or request come to you, contrary to the law, you shall noihing do for such letter or request, but you shal! proceed to do the law; any such letter or request nota withstanding. And finally in all things belonging to your said office, during your continuance therein, you shall faithfully, justly, and truly, according to the best

of your skill and judgment, do equal and impartial Jiurisdiction, justice, without fraud, favour, or affection.” . This

court shall have jurisdiction, not only in suits originating there and adjourned thither for trials by virtue of any statute, which trials shall be by juries according to the course of law, but also in such as shall be

cause; and if

.

brought before them by appeals and writs of errour to reverse decrees of the high court of chancery, judgments of the general court, and sentences of the court of admiralty; after those decisions shall be final there, if the matter in controversy be equal in value, exclusive of costs, to fifty pounds, or be a freehold or franchise; and also in such cases as shall be removed before them'by adjournment from the other courts before mentioned, when questions, in their opinion, new and difficult occur, and moreover in such, wherein appeals to reverse decrees and judgments of the former general court, and ‘sentences of the court of vice admiralty, as had not been determined, the one by the king of Great Britain in his privy council, the other by the high court of admiralty of Great Britain, before the fifteenth day of April, one thousand seven hundred and seventy six. The court shall appoint a clerk, tipstafl

, Clerk, tip. and crier, the first removable for misbehaviour, the staff, and two others at. pleasure, and shall be attended by the crier:

Sheriff to at. sheriff of the county in which they sit, as their officer. tend. The party desiring to prosecute such appeal or writ Appeals, of errour, shall proceed in like manner, and shall be writs of er

ror, &c. how liable to like damages if the decree, judgment, or sen

prosecuted. tence be affirmed; and the said clerk shall issue the like process for summoning the adverse party, removing the records, suspending execution, and for every other requisite purpose, making those alterations in the form which are necessary to adapt it to the case, as are prescribed and ascertained in case of an appeal or writ of errour to reverse the decree, sentence, or judgment of a county, city, or borough court; and such prosecution shall be commenced within the time limited in the case last mentioned, unless it be such appeal to the said king or high court of admiralty, in which instance the prosecution shall be cominenecd within twelve months after the first session of the said court of appeals shall be ended. The said clerk shall

Duty of carefully preserve the transcripts of records certified clerks, as to to his court, with the bonds for prosecution, and all records;

bonds, &c. papers relative to them, and other suits depending therein, docketing them in the order he shall receive Docketting them, that they may be heard in the same course, un-causes. less the cou

for good cause to them shewn, direct any to be heard out of its turn; and shali faithfully record their proceedings and decisions, and certify such as

shall be given upon appeals, writs of errour, and mat:

ters removed by adjournment to the proper courts. A Statements clear and concise state of the case of each party in of cases.

such appeal, writ of errour, or controversy adjourned by reason of novelty and difficulty, with the points intended to be insisted upon, signed by his counsel and printed, the expence whereof shall be taxed in the bill of costs, shall be delivered to every judge time enough before the hearing for his consideration, but the court, if this be neglected, may nevertheless hear and determine the matter, and may take into their consideration any thing apparent in the manuscript record, although it be omitted in such printed case, and may give such decree, judgment, or sentence, if it be not allirmed or reversed in the whole, as the court whose errour is sought to be corrected, ought to have given (affirm

ing in those cases where the voices on both sides shall Decisions, be equal, with an allowance of the costs of appeal) to bow ceriified.

the party prevailing, to be certified as well as their opinion upon any adjourned question to the court, from which the matter was reinoved, who shall enter it as

their own, and award execution thereupon accordingRepealing ly. So much of a foriner act of assembly constituting clause. a court of appeals, as comes within the perview of this

act, is hereby repealed.

CHAP. XXII.

An act to secure the moveable proper

ty of those who kave joined, or here: after may join the enemy,

WHEREAS during the present war, particularly property of in the late invasion, many persons have left this comthose join. monwealth and gone off with the enemy, some of whom ing the ene- have left many articles of moveable property behind my, how se. cared. them; that such property therefore may be immediate

ly secured, Be it enacted by the General Assembly, That the governour, with the advice of the council, is

Personal

hereby empowered and required to appoint a person in each county within this commonwealth, wherein it may be necessary, to inquire into and secure all the slaves, and other inoveable property of all such persons as already have, or hereafter may depart and join the enemy, until the same can be proceeded in according to law. And that after office found, such moveable

When dis

posed of, by property when secured, shall be disposed of by the es cacheator. cheator of the county according to law.

CHAP. XXIV.

An act for punishing persons guilty (Sce Revised

of certain thefts and forgeries, and fixing the allowance to sheriff's, ve- also Chan niremen, and wilnesses, in certain

Bills of 1779, chap. LXV.

Rev. p. 102.)

cases.

BE it enacted by the General Assembly, That he or Stealing, or she shall be adjudged a felon and not have the benefit taking by of clergy, who shall steal, or by robbery take from the tain bills of possession or custody of another, any bill of credit or credit, trea. treasury note, or loan office certificate of the United sury notes,

certificates, States, or any of them, or any warrant of the gover

or warrants, nour or other person exercising that function, or any felony with. certificate of the auditors for publick accounts to the out clergy. treasurer, authorising the payment of money, or shall present, or cause to be presented, such loan office certificate at a loan office of the United States, or any of them, for the discharge of the whole or any part thereof, or such warrant or auditors certificate at the publick treasury for the payment thereof, knowing such :loan office certificate or warrant, or auditors certificate to have been stolen, or by robbery taken from the Forging or possession or custody of another. And he or she shall counterfeit

ing certain be adjudged a felon and not have the benefit of clergy, warrants, who shall falsely make, forge, or counterfeit, or aid or treasury assist in falsely making, forging, or counterfeiting a notes, &c. writing, signed and directed, or certified to the pub- out clergy.

« ZurückWeiter »