which witnesses reside from the fixed station of the said repealed, by the last sec

court, and the authority of those laws would be more tion of the act defusively promulgated by the establishment of district of 1788 ch.67

courts.

II. Be it therefore enacted by the General Assembly, That the counties of Henrico, Hanover, Chesterfield, Goochland, and Powhatan, shall compose one district, and that a court shall be held for the same at the city of Richmond, on the first day of April, and the first day of September in every year. That the counties of James City, Charles City, New Kent, Surry, Gloucester, York, Warwick, and Elizabeth City, shall compose another district, and a court shall be held for the same at the city of Williamsburg, in the courthouse of James City county, on the twenty third day of April, and the twenty third day of September in every year. That the counties of Richmond, Westmoreland, Lancaster, and Northumberland, shall compose another district, and a court shall be held for the same at Northumberland courthouse, on the first day of April, and the first day of September in every year. That the counties of Essex, Middlesex, King and Queen, and King William, shall compose another district, and a court shall be held for the same at King and Queen courthouse, on the twelfth day of April, and the twelfth day of September, in every year. That the counties of Spotsylvania, Caroline, King George, Stafford, Orange, and Culpeper, shall compose another district, and a court shall be held for the same at Fredericksburg, on the first day of April, and the first day of September, in every year. That the counties of Frederick, Berkeley, Hampshire, Hardy, and Shenandoah, shall compose another district, and a court shall be held for the same at Winchester, on the twenty sixth day of April, and the twenty sixth day of September, in every year. That the counties of Augusta, Rockbridge, Rockingham, and Pendleton, shall compose another district, and a court shall be held for the same at Staunton, on the first day of April, and the first day of September, in every year. That the counties of Albemarle, Louisa, Fluvanna, and Amherst, shall compose another district, and a court shall be held for the same at Charlottesville, on the eighth day of May, and the eighth day of October, in every year. That the counties of Fairfax, Fauquier, Loudon, and Prince

William, shall compose another district, and a court shall be held for the same at Dumfries, on the thir teenth day of April, and the thirteenth day of September, in every year. That the counties of Harrison, Monongalia, Ohio, and Randolph, shall compose another district, and a court shall be held for the saine at Monongalia courthouse, on the seventeenth day of April, and the seventeenth day of September, in every year. That the counties of Montgomery, Washington, and Russel, shall compose another district, and a court shall be held for the same at Washington, and Montgomery courthouses, alternately, on the twenty sixth day of April, and the twenty sixth day of September, in every year. That the counties of Norfolk, Isle of Wight, Princess Anne, Nausemond, and Southamp~ ton, shall compose another district, and a court shall be held for the same at Suffolk, on the sixth day of May, and the sixth day of October, in every year.That the counties of Prince George, Sussex, Dinwiddie, and Amelia, shall compose another district, and a court shall be held for the same at Petersburg, on the thirteenth day of April, and the thirteenth day of September, in every year.

1. And whereas there is not any courthouse in the town of Petersburg wherein the said court can hold their sessions, and it is necessary some place should be fixed on for holding the said courts, as also for ascertaining the place whereon the courthouse and prison shall be built, Be it further enacted, That until the public buildings shall be erected, the said court shall hold their sessions in the house of Robert Armistead, in the said town and that the courthouse and prison be built on the lands of Erasmus Gill in the said town, who is willing to erect the same at his own expence, and that after the same shall be completed, the courts shall be held therein; but in case the said Erasmus Gill, shall refuse to make the necessary publick buildings, the court of the county of Dinwiddie are hereby empowered to fix on the lands of any other person within the said town, whereon the said buildings shall be erected, who may be willing to make the same at their own expence. That the counties of Brunswick, Greensville, Lunenburg, and Mecklenburg, shall compose another district, and a court shall be held for the same at Brunswick courthouse, on the twenty-fifth day

of April, and the twenty-fifth day of September, in every year. That the counties of Prince Edward. Buckingham, Charlotte, Halifax, and Cumberland, shall compose another district, and a court shall be held for the same at Prince Edward courthouse, on the first day of April, and the first day of September, in every year. That the counties of Bedford, Campbell, Franklin, Pittsylvania, and Henry, shall compose another district, and a court shall be held for the same at New-London, on the twelfth day of April, and on the twelfth day of September, in every year. That the counties of Accomack and Northampton, shall compose another district, and a court shall be held for the same at Accomack courthouse, on the eighth day of May, and the eighth day of October, in every year. That the counties of Greenbrier and Botetourt, shall compose another district, and a court shall be held for the same at Louisbourg in Greenbrier, and Botetourt courthouse, alternately, on the eighth day of May, and the eighth day of October, in every year, until the pro prietor of the Sweet Springs, shall erect a sufficient courthouse and prison, for the purposes of this act, after which time the Sweet Springs shall become the seat of the district court. Each court shall sit, if business require, for eight days successively, Sundays excepted, and no longer, and shall be a court of record. any of the said several days shall happen to be Sunday, then the said district courts shall respectively as the case may happen, begin on the succeeding day. The court of appeals at their session to be held in April next, or a majority of them shall appoint a clerk, to each of the said district courts, who shall be removable on conviction on an indictment for a misdemeanor, shall reside and keep his office at the place of holding the court, and shall give bond with security payable to the governor for the time being, for the faithful performance of his duty, in the penalty of three thousand pounds, to be put in suit at the instance of any party, or parties aggrieved, for his, her, or their use. shall issue all writs, summonses, and other lawful process, which shall bear teste, in his own name, and be returnable to the next court to be holden for his district, and shall act as clerk of the said court.

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III. And be it further enacted, That four judges shall be elected by joint ballot of both houses of as,

sembly, in addition to the present judges of the genera! court, who shall also be judges of the court of appeals, and it shall be the duty of the judges of the high court of appeals, to attend the said courts, allotting among themselves the districts they shall respectively attend, in such manner that the judges of the high court of chancery and admiralty shall attend the district courts, to be held at Richmond, Petersburg, Brunswick, Suffolk, Northumberland, King and Queen, Williamsburg, and Accomack, and the judges of the general court shall attend the district courts, to be held at Fredericksburg, Dumfries, Winchester, Charlottesville, Staunton, Monongalia. Prince Edward, New London, at Washington, and Montgomery alternately, and at the Sweet Springs: Three judges to be allotted to each district, any two of whom shall constitute a court.

IV. And be it further enacted. That a tax of six shillings, shall be, and the same is hereby imposed on all judgments to be obtained in the district courts, which shall be paid by the plaintiff to the clerk of the court where such judgment shall be obtained before he shall enter up the same; which sum of six shillings, shall be taxed in the bill of costs, and in all other respects the tax on process in the district courts shall be the same, and shall be taxed in the bill of costs in like manner as now by law directed concerning process in the general court. The clerks of the district courts shall account upon oath for the receipt of the abovementioned tax of six shillings, upon all judgments to be obtained in their courts respectively, in the same manner as they are directed by law to collect and account for taxes heretofore imposed and divide the same among the judges attending such court, taking a receipt from each judge for the amount so paid, to be deducted out of his salary, which receipt when produced to the auditor of public accounts shall be a credit for the amount thereof to the clerk producing the same.— Each of the judges, besides the oaths now particularly required, shall take another as judge of the district courts, according to the direction of the act intituled "An act for establishing a general court," and the taking the last mentioned oath, shall enable any person appointed a judge of either of the superior courts, to act as such in the district courts, and as conservators of the peace throughout this commonwealth. Any

judge who shall sit as a judge of the district court, without having taken the last mentioned oath, shall forfeit the sum of five hundred pounds, to be recovered in any court of record, by action of debt or information; one half for the use of the commonwealth, and the other half for the use of the informer. If two judges should not attend on the first day of any district court, it shall be lawful for one judge to adjourn such court from day to day, until a court shall be made, if that happen before four of the o'clock in the afternoon of the sixth day. If a district court shall not sit in any term, or shall not continue to sit the whole term, or before the end of a term shall not have heard and determined all matters ready for their decision, such matters and all others depending in court, shall stand continued to the next succeeding term.

VI. The jurisdiction of the said courts respectively, shall be over all persons and in all causes, matters, or things at common law now cognizable in the general court, and which shall amount to thirty pounds, whether brought before them by original process, by habeas corpus, appeal, writ of error, supersedeas, mandamus, certiorari, to remove proceedings on a forcible entry or detainer, or for any other purpose, or by any other legal ways or means whatsoever; and also all suits now depending in the general court under that sum. They shall also have the same jurisdiction over controversies concerning mills, wills, roads, and letters of administration, public debtors, whether sheriffs or others, and the recording of deeds for lands, and other property within the district, as the general court now hath by law, and the said courts shall hear and determine the same. Provided also, That writs of habeas corpus, appeal, error. supersedeas, mandamus, and certiorari, and controversies concerning mills, wills, roads, and letters of administration, shall not be heard or determined by any district court, unless such writ of error, supersedeas, mandamus, and certiorari relate to some record or proceeding within the said district, or the person praying the habeas corpus, or the mills or roads be within the same, or the wills or letters of administration be cognizable by the court of some county within the said district.

VII. The judges of the court of appeals shall direct the forms of writs from time to time, in such manner VOL. XII. $ 3