ed by the governor, or commander in chief of this dominion for the time being, or by the president of the council for the time being, or by such judge or judges of the said court, as shall be for that purpose authorised, by commission of the said governor or commander in chief, which shall be good and effectual in law, to enable the executors, or administrators therein named, to recover and take the estate of their testator or intestate, so to them committed. XLI. And that the forms of all oaths and bonds, by Oaths, and this act required of executors and administrators, bonds, as be: shall be the same in the general court, as in the county courts. fore. ty. XLII. Provided always, That where the general and securicourt shall grant certificate for obtaining the administration of any estate, and shall fail to take sufficient security for the same, in such case the members of the said court, granting such certificate and every of them, shall be liable to pay all loss and damages accruing by such failure, in the same manner as the justices of the County court in the like case should have been. XLIII. And be it further enacted, by the authority Repealing aforesaid, That all and every other act and acts, clause. clause and clauses, heretofore made, for or concerning any matter or thing, within the purview of this act, shall be, and are hereby repealed. Commence XLIV. And be it further enacted, by the authority aforesaid, That this act shall commence and be in ment of this force, from and immediately after the tenth day of June, act. which shall be in the year of our Lord one thousand seven hundred and fifty one. CHAP. VI. An Act for establishing the General Court, and for regulating and settling the proceedings therein. I. [From edit. 1752 This act was re OR the regular determination of suits and con- pealed by troversies, and for erecting, constituting, and proclamati continuing such courts, as shall be competent and ne- on. See note to chap. 2.1 cessary, to hear and determine all such causes, as shall be brought before them, Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the author court of Vir ity of the same, That at some one certain place, lawful. ly appointed, and at the time and times herein after directed, there shall be held one principal court of judicature for this colony and dominion, which court shall The general be, and is hereby established by the name of the general court of Virginia, and shall consist of his majesginia. Who shall be ty's governor or commander in chief, and council, for judgesthere- the time being, any five of them to be a court; and Five of them they are hereby appointed and declared judges or justo be a court. tices, to hear and determine all suits and controversies which shall be depending in the said court. of. The judges 11. And be it further enacted, by the authority aforeto be sworn. said, That every person who shall, from time to time, or at any time hereafter, accept the office of a judge or justice of the said court, before his entering upon, and executing the same, shall take the oaths appointed to be taken by act of parliament, and repeat and subscribe the test, and shall also take the following oaths, to wit, The oath of a Judge of the General Court. YOU shall swear, that you will well and truly serve Their oath, our sovereign lord the king, and his people, in the of as judges of fice of a judge or justice of the general court of Virgicommon law. nia, and you shall not counsel, or assent, to any thing which may turn to the hurt or disheriting of the king, by any way or colour, and you shall do equal law and execution of right to all the king's subjects,_rich and poor, without having regard to any person: You shall not take by yourself, or by any other person, any gift or reward, of gold, silver, or any other thing, for any matter by you done, or to be done, by virtue of your office: You shall not take any fees, or other gratuity, of any person, great or small, except such salary as shall be by law appointed, or such salary as his majesty, his heirs or successors, shall think fit to allow you for your service: You shall not maintain by yourself or any other, privily or openly, any plea or quarrel, hanging in any of the king's courts: You shall not delay any person of common right, for the letters of the king, his governors of this colony, or of any other person, nor for any other cause; and in case any letter come to you, contrary to the law, you shall nothing do for such letter, but you shall proceed to do the law, the said letters notwithstanding; 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 justice without fraud. So help you God. The oath of a Judge of the General Court in Chancery. As judges in YOU shall swear, that well and truly you will serve chancery. our sovereign lord the king, and his people, in the office of a judge or justice of the general court of Virginia in chancery, and that you will do equal right to all manner of people, great and small, high and low, rich and poor, according to equity and good conscience, and the laws and usages of this colony and dominion of Virginia, without favour, affection, or partiality. So help you God. before sworn III. And if any person whatsoever shall presume to Penalty for sit or execute the said office, without first qualifying executing himself as by this act required, he shall for every such this office, offence be fined five hundred pounds current money, one moiety thereof to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, and the other moiety to the informer. IV. And be it further enacted, by the authority afre- Jurisdiction said, That the said general court shall take cognisance of this court. of, and are hereby declared to have power and jurisdiction to hear and determine, all causes, matters, and things whatsoever relating to or concerning any person or persons, ecclesiastical or civil, or to any persons or things of what nature soever the same shall be, whether brought before them by original process, appeal from any inferior court, or by any other ways or means whatsoever. V. Provided always, That no person shall take ori- No original ginal process for the trial of any thing in the general process nor court, of less value than twenty pounds current money laws, for less suit on penal or four thousand pounds of tobacco, under penalty of than 201. cur the plaintiff's being non-suit, and paying costs; nei- rent money, ther shall any person be prosecuted in the said court or 40001. to for breach of any penal law, where the penalty shall be less than twenty pounds current money, or four thousand pounds of tobacco. bacco. ty courts or Except a- VI. Provided also, That any action may be comgainst coun- menced and maintained in the general court, by or avestries. gainst the justices of any county court, or other inferior court, or the vestry of any parish altho' the sum sued for shall not exceed twenty pounds. General year. VII. And be it further enacted, by the authority aCourt to be foresaid, That the said general court shall be held two held twice a times every year, to wit, one of the said courts shall begin upon the tenth day of April, if not Sunday, and then on the Monday thereafter, and shall continue to be held twenty four natural days, Sundays exclusive; and the other court shall begin upon the tenth day of October, if not Sunday, and then on the Monday thereafter, and shall also be held and continue twenty four natural days, Sundays exclusive. Rulesofcourt VIII. And that the first five days of every general for docket- Court be appointed for hearing and determining suits ing causes. in chancery, appeals from decrees of the county courts, or other inferior courts in chancery and writs of supersedeas to such decrees; and that the other days be appointed for trying suits or prosecutions on behalf of his majesty, and all other matters depending in the said Court may adjourn. court. IX And that before every general court, the clerk shall enter in a particular docket for that purpose, all such causes, and those only, in which any issue is to be tried, writ of enquiry to be executed, special verdict, case agreed, or demurrer to be argued, and all causes set down for hearing, or argument in chancery, in the same order as they stand in course of proceedings; setting as near as may be, an equal number of such causes to each day. X. Provided always, That if the business of the said court shall be ended in less time than the days herein before appointed, for the judges or justices to sit, it shall be lawful for them to adjourn to the next succeeding general court. Rules of issu- XI. And for the more regular prosecution and deing & returns termination of suits or other processes in the said court, of process. Be it further enacted by the authority aforesaid, That all original process either by writ, summons or any other manner or means, and all subsequent process thereupon, to bring any person or persons whatsoever, to answer in any action, real, personal, or mixed, suit, information, bill or plaint in the general court, and all attachments awarded by the said court, at the common law, and all subpoenas and other process in chancery, shall be sued out and issued from the secretary's office, returnable on the respective days herein after directed, and shall bear teste by the governor, or commander in chief for the time being, and be signed by the clerk of the said court, and may be executed at any time before the day of the return thereof; and all such writs and process shall be returnable to the next succeeding general court, on the several days following, to wit, all writs and other process at the common law, shall be returnable to the eighth or twenty third day of the next general court, subpoenas and all other process in chancery, to the first or twenty third day, process at the suit of his majesty, or criminal prosecutions to the sixth day, process on petitions for lapsed land to the seventh day and on no other days or times whatsoever; and all such writs or process which shall be made returnable on any other days or times, shall be null and void; and if any writ or process shall be executed so late, that the sheriff hath not reasonable time to return the same, before the day of appearance, herein after limited, and thereupon an alias or pluries capias, attachment, or other process, shall be awarded, the sheriff shall not execute such subsequent process, but shall return the first process by him executed, and thereupon the plaintiff shall declare, and use the same proceedings as herein after directed, and as if such writ or process had been returned to the secretary's office, on or before the day of appearance limited for the return thereof. XII. And that all appeals from decrees in chancery, obtained in any county court, or other inferior court, shall be made to the third day of the next general court, and all appeals from judgments of any of the said courts, in suits at common law, shall be to the respective days following, to wit, from the county courts of Henrico, Prince George, Surry, Isle of Wight, Nansemond, Norfolk, Princess Ann, Albemarle, Amelia, Brunswick, Goochland, Cumberland, and Lunenburg, to the eighth day; James City, Charles City, NewKent, Warwick, Elizabeth City, York, Hanover, and Louisa, to the ninth day; Gloucester, King William, King and Queen, Middlesex, Essex, Caroline, Augusta, Spotsylvania, and Orange, to the tenth day; Richmond, Westmoreland, Northumberland, Stafford, Lan Appeals |