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the navy the sum of forty shillings each per day, for every day they shall respectively attend; which several sums of money shall be paid by the treasurer of this commonwealth in quarterly payments, or in any manner the said officers may prefer, so that not more than their said salaries or wages are drawn within the year, out of any publick money in his hands.
So much of the act passed in October one thousand seven hundred and seventy seven, giving proper salaries to certain officers of government, as comes within the sense and meaning of this, is hereby repealed.
This act shall continue and be in force for one year after the said last day of December, and from thence to the end of the next session of assembly.
An act for establishing a Court of
FOR establishing a court of appeals for finally determining all suits and controversies, Be it enacted by Court of Ap- the General Assembly, That at such place* as shall be peals established. appointed by act of general assembly there shall be holden a court of appeals, which, in causes removed after decision from the high court of chancery, shall consist of the judges of the general court, and three assistant Of what judges to be chosen by joint ballot of both houses of judges con- Assembly; in those from the general court shall consist of the judges of the high court of chancery, and the said assistant judges; in those from the court of admiralty, and in those adjourned into the said court from either of the others before decision, on account of difficulty, Precedence shall consist of all the said judges, in which court of of judges. appeals the judges of the high court of chancery shall take precedence, and next to them the judges of the general court, three fourths of the members who are to be of the said court in any case shall be sufficient to proceed to business, the judges also of that court from which the cause is removed after decision, shall attend at their places in the hearing thereof, and shall there
* Williamsburg. See post. chap. XXIII.
deliver the reasons of their judgments. Every such judge before he enters upon the duties of his office in the said court, shall, in open court, take and subscribe the oath of fidelity to the commonwealth, and take the following oath of office, to wit: "You shall swear, that Oath of jud you will well and truly serve this commonwealth in the ges. office of a judge of the court of appeals, and that you will do equal right to all manner of people, great and small, high and low, rich and poor, without respect to persons. You shall not take by yourself, or by any other, any gift, fee, or reward, of gold, silver, or any other thing, directly or indirectly, of any person or persons, great or small for any matter done or to be done by virtue of your office, except such fees or salary as shall be by law appointed. You shall not maintain by yourself, or any other, privily 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 cause; and if any letter or request come to you contrary to the law, you shall nothing do for such letter or request, but you shall proceed to do the law, any such letter or request 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, favour, affection, or partiality."
There shall be two sessions of the said court in every Terms. year, to wit: One to begin on the twenty ninth day of March, if not Sunday, and then on the next day, the other to begin on the twenty ninth day of August, if not Sunday, and then on the next day, to continue each of them six days (Sundays excluded) unless the business depending before them shall be finished in less time, in which case the judges may adjourn to the next succeeding court. The said court shall have power to hear Jurisdiction. and finally determine all suits and controversies whatsoever which shall be brought before them by petition and appeal from the high court of chancery, or court of admiralty, or by writ of errour sued out to correct any judgment of the general court, or which shall be adjourned thither from either of the said courts, on account of difficulty. If the said court shall at any time be equally divided in opinion on any question coming before them by appeal, or writ of errour, the decree,
judgment, or sentence of the court below on such quesBond and se- tion shall stand confirmed. Provided that no appeal curity on ap shall be allowed to the said court, or writ of errour sued peals. thereout, unless the matter in dispute, exclusive of costs, shall be of the value of fifty pounds, or some franchise or freehold be in question; and that upon all such appeals, or writs of errour, the party prosecuting the same shall give bond and security in the same manner, and shall be liable to the like damages upon the affirmance of the decree, judgment, or sentence, as is provided and directed upon appeals to or writs of errour sued out of the general court.
The said court of appeals shall have power to appoint Tipstaff,Cry- a tipstaff and cryer, and also a clerk, who upon bond er, Clerk. and security given to him shall receive and file petitions for appeal addressed to the said court, and suggesting errour in the proceedings below; such petition being signed by counsel attending, some one of the superiour courts shall thereupon issue a summons against the appellee requiring him to appear and answer the said pePetitions for tition and appeal, and a supersedeas when it shall be appeals. necessary to surcease farther proceedings in execution of the decree or sentence; he shall also upon like bond Supersedeas and security issue writs of errour for correcting judgments of the general court; shall receive and carefully preserve transcripts of the records upon all such writs and on appeals which shall be transmitted to him by the clerks of the high court of chancery, the general court, Docketing and court of admiralty, repectively, entering the names of the parties in a docket in the order he shall receive them, that the suits may be heard in regular course, without preference to suitors, unless the court, for good cause unto them shewn, shall order any cause to be heard out of its turn. The said clerk shall also attend Clerk to cer- the court during their several sittings, and make due entries of their proceedings, and shall certify their affirmance or reversal of the decree, judgment, or sentence, in each case, with the costs of the party prevailing, to the court where the said decree, judgment, or sentence, was given; which court shall enter up the same, and execution shall issue thereupon, as well for the costs expended in the court of appeals, as the other matters recovered by the decree, judgment, or sentence.
ance or reversal.
No appeal shall be allowed to the said court, or writ of errour issued, until a final judgment be given in the court from whence the appeal is or to which the writ of
Writs of er
No appeal till final judgment or decree.
errour is directed. Previous to the hearing of each cause in the said court a clear and concise state of the case of each party, with the points intended to be insisted on, shall be drawn up and signed by the party's counsel, and printed copies thereof delivered to each of the judges for their perusal and consideration, the expense whereof shall be taxed in the bill of costs.
Any person who had entered an appeal from a decree Appeals in equity, or a judgment at common law, of the late from the late general court, to the king of Great Britain, in his privy court to the council, if the decree or judgment were not affirmed or king in coun reversed, or the appeal dismissed, and notification there- cil, not deciof in the usual forms made to the said late general ded, transcourt, shall have right to lodge a transcript of the re- the court of cord with the clerk of the said court of appeals, all the appeals. members whereof are hereby authorised to sit in the said cases at any time within one year after the first session of the said court ended; whereupon the said court shall proceed to hear and finally determine the same, six months previous notice having been given to the adverse party; and their clerk shall certify their affirmance or reversal of the decree or judgment, with the costs of the party prevailing, to the high court of chancery or general court (as the case may be) who shall enter up the same, and cause execution to be done as before directed in cases of appeals from the said high court of chancery or general court.
An act for dissolving several vestries, [Chan. Rov. and for other purposes.
I. BE it enacted by the General Assembly, That the Vestries of vestries of the parishes of Manchester, in the county of parishes of Chesterfield, of St. Paul, in the county of Hanover, of Manchester, in county of North Farnham, in the county of Richmond, of Eliza- Chesterfield; beth river, and Portsmouth, in the county of Norfolk, of St. Paul, of Beckford, in the county of Shenando, of Nottoway, in Hanover; in the county of Southampton, of Hanover, and Wash- of North Farnham, in ington, in the counties of King George and Westmore- Richmond;
of Elizabeth land, of St. Stephen, in the county of Northumberland, River, and and of Blisland, in the counties of New Kent and James Portsmouth in Norfolk; City, shall be, and the same are hereby respectively of Beckford dissolved.
in Shenando: It. And be it farther enacted, That the inhabitants of Nottoway of every of the said parishes of Manchester, St. Paul's, ton; of Han- North Farnham, Elizabeth river, Portsmouth, Beckover& Wash- ford, Nottoway, Hanover, Washington, St. Stephen, ington in and Blisland, respectively, shall meet at some conveKing George & Westmore. nient time and place to be appointed and publickly advertised by the sheriff's of each of the said counties beStephen in fore the first day of April next, and then and there elect Northum twelve able and discreet persons, who shall be a vestry of Blisland in for the said parishes respectively.
land; of St.
New Kent & III. And whereas it is represented to this general asJames City, sembly that the situation of the said parishes of Hanover and Washington is rendered inconvenient to the inhabitants thereof by a late alteration in the boundary lines of the said counties of King George and Westmoreland:
Part of Han. IV. For remedy whereof, Be it enacted, That all over parish added to that part of the said parish of Hanover, lying in the Washington, said county of Westmoreland, be added to and made and part of part of the said parish of Washington; and that all that Washington to Hanover. part of the said parish of Washington, lying in the county of King George, be added to and made part of the said parish of Hanover.
V. And whereas by the addition of the said parish Washington of Washington to the parish of Hanover the present glebe of the said parish of Washington will be in the said parish of Hanover, and it is just and right that the inhabitants of the said parish of Washington should receive the benefit thereof, B. it therefore enacted, That the said glebe land, with the appurtenances, be, and the same are hereby vested in John Martin, John Washington, Thomas Turner, and Beckwith Butler, gentlemen, commissioners in trust, that they, or any three of them, shall, by deeds of bargain and sale, sell and convey the said glebe, with the appurtenances, for the best price that can be got for the same, to any person or persons who shall be willing to purchase the said lands, to hold to such purchaser or purchasers, his or their heirs, and assigns, for ever.
VI. And be it farther enacted, That the money arising from the sale of the said glebe shall be by the said commissioners paid to the vestry of the said parish of