After an attachment with proclamation returned, no plea or demurrer, shall be received, unless by order of court, upon a motion.

If the complainant conceives any plea or demurrer to be naught, either for the matter or manner of it, he may set it down with the clerk, to be argued; or if he thinks the plea good but not true, he may take issue upon it, and proceed to proofs, giving notice of hearing as aforesaid, and if such plea shall be adjudged false, the complainant shall have the same advantage as if the same plea had been found false by verdict at common law.

If a plea be pleaded, or demurrer put in and over ruled, no other plea or demurrer shall thereafter be received, but the defendant shall answer the allegations of the bill.

The complainant a month after a plea or demurrer put in, may cause the same to be set down, to be argued, but if the complainant shall not proceed to have the same so set down, before the second court after such plea.or demurrer put in, the bill may be dismissed of course, with costs.

Upon a plea or demurrer argued, and over-ruled, costs shall be paid as where an answer shall be judged insufficient, and the defendant shall answer within two months after; but if adjudged good, the defendant shall have his costs.

If any defendantshall obstinately insist on a demurrer, and refuseth to answer, where the court shall be of opinion that sufficient matter is alledged in the bill to oblige him to answer, and for the court to proceed upon, the bill shall be taken pro confesso, and the matter thereof decreed.

Upon any bill filed, and before the defendant puts in his answer, upon oath made, that any of the complainants witnesses are aged, and infirm, or going out of this colony, whereby the complainant thinks he is in danger of losing the benefit of their testimony, the clerk may issue a dedimus to take the examination of such witnesses, de bene esse, the party taking such dedimus giving reasonable notice to the adverse party of the time and place of taking such examination.

Commissions to examine witnesses may be issued by the clerk of the court at any time after replication filed, the party taking such commission giving ten days

No injunc tion to be granted for less value

than an ap peal. Proviso.

notice to the adverse party of the time and place of executing the same.

When any cause shall be at issue, and the examination of witnesses returned, if the complainant shall not within a month thereafter, set down the cause for hearing, with the clerk in the secretary's office, the defendant may have the cause set down at his request, and bring the same to hearing, giving the complainant or his attorney such notice as is herein before directed in cases of trial at common law.

And that no injunction shall be granted from the general court, to stay the proceedings in any suit commenced in the county court, or other inferior court unless the matter in dispute be of value sufficient to admit of an appeal to the general court.

XXIX. Provided always, That nothing in this act For suits de- contained shall extend to any suits or controversies now pending be- depending in, or returnable to the general court: But fore this act that all writs and other process at the common law, or in chancery, and all suits, appeals, and proceedings whatsoever, issued, granted, or prosecuted at any time before passing this act, and now returnable, or depending in the general court, shall and may be returned, prosecuted, heard, and determined, in the same manner as if this act had never been made.

Where the

officers at

court may

XXX. And be it further enacted, by the authority asheriff and foresaid, That the sheriff and his officers attending tending the the general court, shall be, and are hereby impowered, during the sitting of the said court, from time to time summon ju- to summon grand and petit juries, and witnesses, and to execute the commands of the said court, within the execute the city of Williamsburg, or other place where the genercourts com- al court shall be held, and half a mile round the same, and to make return thereof, and such return shall be sufficient for the court to proceed thereon.

rors and witnesses and

mands.

clause..

XXXI. And be it further enacted, by the authority Repealing aforesaid, That all and every other act and acts, 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.

XXXII. And be it further enacted, That this act ment of this shall commence and be in force from and immediately after the tenth day of June, which shall be in the year of our lord one thousand seven hundred and fifty one.

act.

CHAP. VII.

1752.1

An Act for establishing county courts, and for regula. (From edit: ting and settling the proceedings therein.

1.

NOR the better and more expeditious determina

FOR

tion of controversies, Be it enacted by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That in every county of this do- County minion, a monthly court shall be held, by the justices courts. thereof, at the several respective places already assigned for that purpose, or at such place or places as shall be hereafter lawfully appointed, upon the days herein after limited for each county respectively, and at no other time or place: Which courts shall be call- Justices of led county courts, and consist of eight or more justices of the peace, commissionated by the governor or commander in chief of this dominion, for the time being: Four of them Any four of them, one being of the quorum, shall be (one of the sufficient to hear and determine all causes depending quorum) to in the said county courts.

peace.

be a court.

be sworn.

11. And be it further enacted, by the authority afore- Justices shall said, That every person so nominated and appointed a justice of peace, before his entering upon and executing the said office shall publickly in the court-house of his county, and on a court day, take the oaths appointed, or which shall be appointed to be taken by act of parliament, take and subscribe the oath of abjuration, repeat and subscribe the test, and shall also take the following oaths, to wit,

The Oath of a Justice of the Peace. YOU shall swear, that as a justice of peace in the Their oath county of in all articles in the commission to you directed, you shall do equal right to the poor and to the rich, after your cunning, wit, and power, and according to law; and you shall not be of counsel of any quarrel hanging before you, and the issues, fines, and amerciaments, that shall happen to be made, and all forfeitures which shall fall before you, you shall cause to be entered, without any concealment or imbeziling; you shall not let, for gift or other causes, but well and truly you shall do your office of a justice of the peace, as well within your county court, as withO 3-Vol. 5,

out; and you shall not take any fee, gift, or gratuity, for any thing to be done by virtue of your office; and you shall not direct, or cause to be directed, any warrant by you to be made, to the parties; but you shall direct them to the sheriff, or bailiffs of the said county, or other the king's officers or ministers, or other indifferent persons, to do execution thereof.

So help you God. The Oath of a Justice of the county court in Chancery. Oath of a jus- YOU shall swear, that well and truly you will serve tice in chan- our sovereign lord the king, and his people, in the of fice of a justice in the county court of

cery.

Executing the office

wlthout being sworn,

forfeit 3001.

County

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. And if any person whatsoever shall presume to execute the office of a justice of peace, without first qualifying himself in the manner by this act before required, he shall, for every such offence, forfeit and pay three hundred pounds current money, one moiety to his majesty, his heirs and successors, towards the better support of this government, and the other moiety to the informer; to be recovered by action of debt in any court of record of this dominion.

III. And be it further enacted, by the authority aforesaid, That the said county courts shall be constantcourt days. ly held every month, upon the days hereafter specified, for every county respectively, that is to say, for the county of Accomack on the last Tuesday, Albemarle on the second Thursday, Amelia on the fourth Thursday, Augusta on the third Wednesday, Brunswick on the fourth Tuesday, Charles City on the first Wednesday. Caroline on the second Thursday, Elizabeth City on the first Tuesday, Essex on the third Tuesday, Fairfax on the third Tuesday, Frederick on the first Tuesday, Gloucester on the fourth Thursday, Goochland on the third Tuesday, Hanover on the first Thursday, Henrico on the first Monday, James City on the second Monday, Isle of Wight on the first Thursday, King & Queen on the second Tuesday, King William on the third Thursday, King George on the first Thursday, Lancaster on the third Friday, Louisa on the fourth Tuesday,

Lunenburg on the first Tuesday, Middlesex on the first Tuesday, Nansemond on the second Monday, NewKent on the second Thursday, Norfolk on the third Thursday, Northampton on the second Tuesday, Northumberland on the second Monday, Orange on the fourth Thursday, Princess Ann on the third Tuesday, Prince George on the second Tuesday, Prince William on the fourth Monday, Richmond on the first Monday, Spotsylvania on the first Tuesday, Stafford on the second Tuesday, Surry on the third Tuesday, Warwick on the first Thursday, Westmoreland on the last Tuesday, and York on the third Monday of every month: And every Adjournadjournment shall be to the next succeeding court in in course. course, and not otherwise.

ment tocourt

from day to

IV. Provided nevertheless, That if the business of But may be any of the said courts cannot be determined on the court adjourned day, the justices may adjourn from day to day, until all day, till all causes and controversies, then depending before them, causes are shall be heard and determined, or otherwise continued determined in the manner herein after directed. or continued.

cess of out

V. And be it further enacted, by the authority afore Jurisdiction said, That the justices of every county court, or any of the court. four of them, as aforesaid, shall and may take cognizance of, and are hereby declared to have power, authority, and jurisdiction, to hear and determine all causes whatsoever, at the common law or in chancery, within their respective counties, except such criminal causes where the judgment upon conviction, shall be Criminal cau for the loss of life or member, and except the prose- ses touching cution of causes to outlawry against any person or per- life or memsons, and except also, all causes of less value than ber, and protwenty five shillings current money or two hundred lawry expounds of tobacco, which said causes, under twen- cepted. ty five shillings, or two hundred pounds of to- Causes unbacco, are hereby declared to be cognizable, and 2001. of tofinally derminable by any one justice of the bacco, depeace, who may give judgment, and thereupon award terminable execution against the goods and chattels of the debtor, before one justice or party against whom such judgment shall be given, But he may which shall be executed and returned, by the sheriff or not issue exconstable to whom directed, in the same manner as other ecution awrits of fieri facias are to be executed and returned; gainst the but no execution shall be by him granted against the body of the defendant.

under 25s. or

body.