to distress for

execution on

VI. And be it further enacted, That nothing in this Not to extend act shall be construed to extend to any proceedings that rent. may be had in consequence of any distress made or to be made for any rent reserved and due, or which may hereafter become due, upon any demise, lease, or contract whatsoever. Where any writ of capias ad satOn service of isfaciendum, has been or shall be served on any debtor, it shall be lawful for such debtor to tender to the she- the body, riff or other officer serving the same, property to the debtor may tender provalue of the debt and costs for which such execution has issued, or may hereafter issue, which property the said sheriff or other officer shall receive and proceed to sell in like manner as is herein directed in the case of goods taken in execution upon a writ of fieri facias, and shall thereupon discharge such debtor out of custody.

VII. And be it further enacted, That where any bond directed or permitted to be given by this act, shall be assigned, an execution issued thereon, against the original obligor or obligors, and on such execution there shall be a return by the sheriff or other officer that there were no goods, or not sufficient goods of the obligor or obligors, to make the debt and costs, it shall be lawful for the clerk, who issued such execution, to issue a second execution against the assignor or assignors of such bond, for the debt mentioned therein, or such part thereof as shall appear to be still due; on which execution there shall be similar proceedings to those in an execution against the original obligors.

perty.

Remedy gainst assigne months bonds

ors of welve

Valuers of

property,

VIII. And be it further enacted, That the valuers shall be amenable to their respective county or corpo- how to pro. ration courts, and at the discretion of such courts may ceed, be deprived of their office for neglect of duty or malfeisance therein; and upon the death, resignation, or removal from office of any such valuer, the vacancy shall be supplied by new appointment of the county or corporation court in which it shall happen. When the sheriff shall under any execution have fixed the time and place for the sale of the property taken under such execution, he shall summon three of the commissioners appointed under this act to value the property and ascertain the sufficiency of securities, to attend at the time and place of such sale. If only two of the said commissioners attend, they shall, after the hour of two

o'clock, choose one of the by-standers to assist them in such valution; if only one of the said commissioners shall attend, he shall at the same time and in the same manner choose one of the by-standers, and they shall together choose a third to value such property as aforesaid; if neither of the said commissioners shall attend, the sale shall be postponed until another day, which shall not be longer than ten days, when the same proceedings shall be had as are directed to take place on the day first appointed for the sale. The sheriff shall administer the same oaths to the persons chosen by the commissioners as are directed by this act to be administered to the commissioners by the county or corporation courts.

IX. And be it further enacted, That all and every other act and acts, and parts of acts, coming within the purview of this act, shall be, and the same are hereby repealed.

X. This act shall continue in force for three years, and no longer.

Convention,

CHAP. VIII.

An act concerning the Convention to be held in June next.

[Passed the 12th of December, 1787.]

I. WHEREAS it is provided by a resolution of the to consider twenty-fifth day of October last, that the proceedings the proposed of the foederal convention be submitted to a convention federal con- of the people for their full and free investigation, disstitution, provision for. cussion and decision; but no provision hath been made for ascertaining the privileges, or defraying the expences of the members of the said convention, during their session, and travelling to and from the same,

II. Be it therefore enacted by the General Assembly, That the members of the said state convention, chosen in conformity to the said resolution of the twenty-fifth day of October last, shall have, possess, and enjoy, in the most full and ample manner, all and every the privilege and privileges which members elected to, and

attending on, the general assembly, are entitled to.And moreover shall be allowed the same pay for travelling to, attending on, and returning from, the said convention, as is allowed to members of the general assembly for travelling to, attending on, and returning from the same.

III. Be it further enacted, That the said convention shall be, and they are hereby empowered to make such reasonable allowances to the officers of the said convention for their services as shall be by the said convention deemed necessary. And whereas it is essential to the safety and happiness of the people of this and other states in the union, that the most friendly sentiments towards each other should be cherished, and the greatest unanimity should prevail at all times, but more particularly during the deliberations concerning the great and important change of government which hath been proposed by the foederal convention, and it is necessary to make provision for the payment of such reasonable expences as may be incurred, in case the convention to meet in this state on the first Monday in June next, should deem it necessary to hold any communications with any of the sister states or the conventions thereof which may be then met, or should in any other manner incur any expence in collecting the sentiments of the union respecting the proposed fœderal constitution, in such manner as to keep up that friendly intercourse and preserve that unanimity respecting any great change of government, which it is the duty and wish of this legislature to promote and cherish:

IV. Be it therefore enacted, That a sum of money not exceeding eight thousand pounds shall be reserved in the treasury subject to the order and disposal of the convention appointed to meet in the city of Richmond on the first Monday in June next, for defraying the expences of the members thereof, or any other expences as before mentioned, and that such money shall be made good from the funds now appropriated, or which may hereafter be appropriated, to the support of civil government; and provided the said fund should by any means prove deficient, then such deficiency shall be made good from any appropriated money in the treasury.

court of chan. cery, altered.

An act to amend the act, intituled Ari act for establishing a high court of chancery.

[Passed the 2d of January, 1788]

Rules of prac İ. WHEREAS the act, intituled "An act for estice in High tablishing a high court of chancery," requires amendment. because justice is greatly delayed by the tedious forms of proceedings, suitors are therefore obliged to waste much time and expence, to the impoverishmen of themselves and the state, and decrees when obtained are with difficulty carried into execution: For remedying these mischiefs,

II. Be it enacted, That from and after the passing of this act, the following rules and alterations, explanations and amendments to the said recited act, shall be observed in all cases to which they apply. Whenever any subpoena in chancery is returned executed, the plaintiff shall within three months thereafter file his bill, and if he fails to do so within that period, the suit shall stand ipso facto dismissed, with costs. If the defendant does not file his answer within three months after the plaintiff shall have filed his bill, having also been served with the subpoena at least three months before the said time for filing his answer, the plaintiff may proceed to take his bill for confessed, and proceed in the same manner as in the case of an attachment returned executed, or he may have a general commission to take depositions, or he may move the court to bring in the defendant to answer interrogatories, at his election, and proceed on to hearing in the two last cases, as if the answer had been filed, and the cause was at issue: Provided, That the court, for good cause shewn, may allow the answer to be filed, and grant a further day for such hearing. Whenever a general commission shall issue for taking depositions upon answer and replication, six months from the time of the replication shall be allowed the parties for taking their depositions; and either party, at the expiration of the said six months, may set the same for hearing, nor shall any deposition taken after that time be read as evidence on the hearing, except the same was taken

on final de

by consent of the parties, by special order of court, or out of the state. After obtaining a final decree for Executions lands, slaves, or money, or things of a similar nature, crees. the clerk of the high court of chancery, shall, upon the request of the party obtaining such decree, issue any writ of execution, either a fieri facias, copias ad satisfaciendum, habere facias possessionem. or any other judicial process which may now issue from the general court, according to the nature of the case, for carrying the said decree into effect; which writs shall issue in the name of the commonwealth, bear teste by the presiding judge for the time being, and be witnessed by the clerk. And all process so to be issued, shall be executed and returned to the clerk's office of the high court of chancery, from term to term, on the return days thereof, by the officer or officers to whom the same shall be directed, and shall have the same operation, and possess the same force to all intents and purposes, as similar process issued from the general court. The officer or officers to whom any such pro cess is directed, shall be subject to the like penalties for misconduct or neglect; and the high court of chancery shall exercise in this, and in all cases relating to such process, the same powers as if the said process had issued from the general court, and as that court could have exercised in a similar case. But nothing But nothing Saving for herein contained shall prohibit any party from pro- mer remedy. ceeding to carry any order or decree of the high court of chancery into execution, in any manner of which he might avail himself before the passing of this act. An execution may be taken out in all cases where costs are recovered in manner above mentioned. The high for costs. court of chancery may, at their discretion, direct an issue to be tried whenever they judge it necessary, either in their own court, or in any other court whatsoever, as justice or convenience to the parties may require. After answer filed, and no plea in abatement to the jurisdiction of the court, no exception for want batement, of jurisdiction shall ever afterwards be made, nor shall the high court of chancery, or any other court, ever thereafter delay or refuse justice, or reverse the proceedings for want of jurisdiction, except in cases of controversy respecting lands lying without the jurisdiction of such court, and also of infants and femes Qualification covert. Any judge of the high court of chancery may of judges Vom XII.

13

Executions

Pleas in