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compose another district, and a court shall be holden for the same at Fredericksburg, on the twenty-ninth day of April, and the twenty-ninth day of September, in every year: The counties of Frederick, Berkeley, Hampshire, Hardy, and Shenandoah, shall compose another district, and a court shall be holden for the same at Winchester, on the fifteenth day of April, and the first day of September, in every year: The counties of Augusta, Rockbridge, Rockingham, and Pendleton, shall compose another district, and a court shall be holden for the same at Staunton, on the first day of April, and the first day of September, in every year: The counties of Albemarle, Louisa, Fluvanda, and Amherst, shall compose another district, and a court shall be holden for the same at Charlottesville, on the fifteenth day of April, and the fifteenth day of September, in every year: The counties of Fairfax, Fauquier, Loudoun, and Prince William, shall compose another district, and a court shall be holden for the same at Dumfries, on the twelfth day of May, and the twelfth day of October, in every year: The counties of Harrison, Monongalia, Ohio, and Randolph, shall compose another district, and a court shall be holden for the same at Monongalia courthouse, on the third day of May, and the twentieth day of Septeinber, in every year: The counties of Montgomery, Washington, and Russel, shall compose another district, and a court shall be holden for the same at Washington and Montgomery courthouses, alternately, on the second day of May, and the second day of October, in every year: The counties of Norfolk, Isle of Wight, Princess Ann, Nansemond, and Southampton, shall compose another district, and a court shall be holden for the same at Suffolk, on the twelith day of May, and the twelfth day of October in every year: The counties of Prince George, Sussex, Dinwiddie, and Amelia, shall compose another district, and a court shall be holden for the same at Petersburg, on the fifteenth day of April, and the fifteenth day of September, in every year: The counties of Brunswick, Greensville, Lunenburg, and Mecklenburg, shall compose another district, and a court shall be holden for the same at Brunswick courthouse, on the twenty-ninth day of April, and the twenty-ninth day of September, in every year: The counties of Prince Edward, Buckingham, Charlotte, Halifax, and Cumberland, shall compose another district, and a court shall be holder for the same al Prince Edward courthouse, on the first day of April, and the first day of September, in every year: The counties of Bedford, Campbell, Franklin, Pittsylvania, and Henry, shall compose another district, and a court shall be holden for the same at New-London, in the late courthouse of Bedford county, now helonging to James and John Calloway, who have agreed to put the same in repair, at their own expence, for the use of the districi court, so to be holden in Neu-London, on the fifteenth day of April, and the fifteenth day of September. in every year: The counties of Accoinack and Northampton, shall compose another district, and a court shall be holden for the same at Accomack courthouse, on the twelfth day of May, and the twelfih day of October, in every year:The counties of Greenbrier and Boietourt, shall compose another district, and a court shall be holden for the same at Lewisburg, in Greenbrier, and Botetourt courthouse, alternately, on the eighteenth day of May, and the eighteenth day of October, in every year, until the proprietor 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. And if any of the said several days happen to be Sunday, the courts shall in that case, respectively, begin on the succeeding day. Each court shall sit, if business require it, ten days successively, Sundays exclusive, and no longer, and shall be a court of record.
11. And whereas there is not any courthouse in the District court of Peters.
town of Petersburg, wherein the district court can hold burg
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 therefore 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, if he be willing to erect the same at his own expence, and the situation on such land be as convenient and proper in the opinion of the county court of Dinwiddie, as any other place which may be offer..
ed for that purpose; and that, after the same shall be completed, the court shall be bolden in such courthouse: But in case the said Erasmus Gill shall refuse to erect the necessary public buildings, or the said county court shall deem the situation on his land inconvenient or improper, that then the said court 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 erect the same at his or her own ex
III. The new counties which have been already New counties made during the present session shall be amnexed to districts as follows, that is to say: The county of Kanawha, to the district of Greenbrier and Botetourt; and the county of Nortoway, to the district of Prince George, Sussex, Dinwiddie, and Amelia; and those counties which shall hereafter be made, shall, if taken from one county, or from two or more counties lying in the same district, remain in the district to which they formerly belonged; and if taken from two or more counties lying in different districts, the counties so to be made shall be annexed, unless it be otherwise declared by the legislature, to such of the districts in which the old counties lie, as shall be approved by the executive, subject to the revision of the general assembly.
IV. Three judges shall be elected by joint ballot of both houses of assembly, in addition to the present ,
Additional nine judges of the general court. And it shall be the
judges, duty of the judges of the general court to attend the district courts, allouing among themselves half yearly, the districts they shall respectively attend at the succeeding terms thereof: Two to each court, who shall be judges of the court to which they shall be allotted; which allotment shall be certified under the hands and seals of the judges making the same, and entered upon the records of the general court and district courts, at their next terms to be holden respectively: And the said judges shall constitute a court for such districts.In case of a temporary appointment of a judge made by the executive after the half yearly allotment of districts, as aforesaid, such judge shall take the place of him in whose stead he was appointed: Provided nevertheless, that if any one of the said judges shall not attend the court, to which he shall be so allotted, by sick
ness, or other disability, that in such case, the other judge shall constitute a court, uader the following re. strictions, lo wit: In all criminal cases where the charge shall be of such a nature as in case of conviction, to subject the party to capital punishment or burning in the hand, two judges shall be necessary to proceed upon the trial of the issue, whether in law or fact: Pro
vided always, that if only one judge-shall attend the How many said court, and any prisoner shall notwithstanding pejudges to con tition to be brought to trial, in such case, one judge
shall constitute a court for such purpose. When two judges shall attend, all questions arising in criminal cases, and submitted to the court, in case the court shall be divided, shall be considered as adjudged in favor of the criminal; and if the court shall be divided upon the final judgment or sentence, judgment shall be entered up in favor of the prisoner, and he forthwith discharged.
V. When iwo judges do not attend, all criminal Criminal cr. cases depending in such court, and not tried upon the sos.
consent and petition of the prisoner, where the punishment shall be death or burning in the hand, shall stand continued over to the next court to be held for that district; and is two judges do not attend at such next court, every prisoner, whose cause has been so continued over, shall be bailed as of right, which bail shall be according to the degree of the offence and the ability of the prisoner. And if such prisoner shall appear on the first day of the next term and render himself pursuant to his recognizance, and there shall not be a sufficient court to try such prisoner on or before the third day of that court, such prisoner shall be furth
with discharged. Qatlı of jud.
iud. Vi. Each judge of the general court, besides the
oaths required by law to be taken by him as such, shall take another oath as judge of the district courts, in the same form as that prescribed by law for a judge of the general court, changing the words “ general court," for “ district courts," which last mentioned oath may be taken before any court of record, and a certificate thereof lodged in the district court in which such judge shall first sit, and shall enable him to act as a district judge in all duties of office, and as a general conservator of the peace throughout the commonwealth; and on taking the same the additional judges to be elected may
act as judges of the district courts, until the next session of the general court, without having taken the oath as judges of that court.
VII. Any judge who shall sit as a judge ofa district Penalry for court, without having taken the oaths herein required acting withto be taken by him, shall forfeit the sum of five hun-out. dred pounds, to be recovered by action of debt, or information, in any court of record; one half to the use of the commonwealth, and the other half to the use of the informer.
VIII. If the judge shall not attend on the first day Adjournment of any district court, such court shall stand adjourned ed from day to day until a court shall be made, if that shall hoppen before four of the clock in the afternoon of the sixth day.
X. If a court shall not sit in any term, or shall not continuance. continue to sit the whole term, or before the end of the term shall not have heard and determined all matters ready for their decision, all such suits and things depending in court and undecided, shall stand continued to the next succeeding term.
X. If from any cause the court shall not sit on any No discontin. day in a term, after it shall have been opened, there uance. shall be no discontinuance. But so soon as the cause is removed, the court shall proceed to business, until the end of the term, if the business depending before them be not sooner dispatched.
XI. The jurisdiction of the said courts, respectively, shall be over all persons, and in all causes, matters, or Jurisdiction, things at common law now cognizable in the general court, and which shall amount to thirty pounds, or three thousand pounds of tobacco, whether brought before them by original process, by habeas corpus, appeal, writ of error, supersedeas, mandamus, certiorari, io remove proceedings on a forcible entry or detainer, or for any other purpose, or by any legal ways or means whatsoever; and also all suits now depending in the general court, except as hereinafier is excepted. They shall also have the same jurisdiction concerning mills, wills, roads, and letters of administration, orphans and guardians, public debtors, whether sherifis or others, and the recording of deeds for lands and other property within the district, and caveats, as the general court now hath by law, and the said courts shall hear and determine all controversies touching