the judgment, or if the same shall afterwards be fixed by a writ of enquiry.

Replevy

LXXVII. Upon any judgment in a district court, or in a county, or other inferior court, in case the defen- bonds, in clerk's office. dant, on the service of an execution, would have a right by law to replevy his estate, by giving security for payment of the money or tobacco recovered at a future day; such defendant may enter into bond with security for such payment, in the clerk's office, or to the sheriff, if execution be issued at any time before seizure, or within five days after paying for the same to the clerk or sheriff, a fee of five shillings; and the sheriff'shall be entitled to no farther, or other fee upon such execution, and shall return such bond to the clerk's office; and upon all bonds thus given, there shall be the same proceedings as the laws direct on replevy bonds, taken after an execution levied on the es

tate.

ed.

LXXVIII. If a replevy-bond be quashed as faulty, Replevy the sheriff taking the same shall be at all times liable bonds, quashfor damages to the party injured, or his representatives. LXXIX. Notice on replevy-bonds, and all other le- Notices, what gal occasions, wherein no particular mode is, or shall good. be, prescribed, shall be good if given to the party in person, or delivered in writing to any free white person above the age of sixteen years, who shall be a member of the family of such person, and shall be informed of the purport of such notice, or left at some public place at the dwelling house, or other known place of residence of such person.

LXXX. For preventing errors in entering up the judgments of the said courts, the proceedings of every day shall be drawn up at large by the clerk, against the next sitting of the court, when the same shall be read in open court, and such corrections, as are necessary being made therein, they shall be signed by the presiding judge, and carefully preserved among the records.

LXXXI. On the last day of each court, the proceedings therein shall be drawn up, read, corrected, signed and preserved as aforesaid.

Records.

Making up

LXXXII. When any cause shall be finally determined, the clerk of the district court shall enter all the records. pleadings and papers, filed as evidence therein, and the judgment thereupon, so as to make a compleat re

Seire facias

Certiorari

cord thereof; and those, wherein the title of lands is de termined, shall be entered in a separate book to be kept for that purpose.

LXXXIII. On writs of scire facias for renewal of judgments, no judgment shall be rendered on the return of two nihils, unless the defendant reside in the district, or unless he be absent from the commonwealth, and have no known attorney within the same. But such scire facias may be directed to the sheriff of any county in this commonwealth, wherein the defendant or his attorney shall reside, or be found, which being returned served, the court may proceed to judgment thereon, as if the defendant had resided in the district.

LXXXIV. If any person or persons shall desire to remove any suit depending in any inferior court into the district court, provided the same be originally cognizable therein, a certiorari for such removal may be granted by the district court, for good cause shewn, upon motion. and ten days previous notice thereof given in writing to the adverse party; or in vacation, the par ty desiring such writ, shall by petition to the judges of the general court, set forth his or her reasons, and make oath before a magistrate to the truth of the allegations of such petition, whereupon any judge of the said court may, under his hand, order the certiorari to issue, and direct the penalty of the bond to be taken previous thereto, or may reject such petition as to him shall seem just; provided that ten days previous notice of the time and place of applying for such writ be given in writing to the adverse party, upon which order of the judges the clerk shall issue the certiorari; Provided That the party shall enter into bond with sufficient security, in the penalty so directed, with condition for satisfying all money or tobacco, and costs, which shall be recovered against the party in such suit; but if any suit so removed by writ of certiorari shall be remanded to the inferior court by procedendo or otherwise, such cause shall not afterwards be removed to the district court, before judgment shall be given therein in the inferior court.

LXXXV. The clerks of the district courts shall carefully preserve all such petitions for writs of certiorari with the affidavits thereto in the office: and if any person in such affidavit shall wilfully make a false oath, and be thereof convicted, upon a prosecution

commenced within twelve months after the offence committed, such offender shall suffer the pains and penalties directed for wilful and corrupt perjury.

LXXXVI. No writ of error or supersedeas shall be supersedeas. granted in any case, until a final judgment in the county or other inferior court. No supersedeas or writ of error shall be granted to any judgment in the district, or county, or other inferior court after the expiration of five years from and after the date thereof, in case of judgments hereafter to be obtained or after the first day of January, one thousand seven hundred and ninety three, in case of judgments already obtained; saving the rights of infants, femescovert, persons noncompos, in prison, or beyond seas, until the expiration of two years after the disability ceases.

LXXXVII. Where any person or persons, body politic or corporate, shall think themselves aggrieved Appeals. by the judgment or sentence of any county court, or court of hustings, in any action, suit, or contest whatsoever, where the debt or damages or other thing recovered or claimed in such suit exclusive of the costs shall be of the value of thirty pounds, or three thousand pounds of tobacco or upwards, or where the title or bounds of land shall be drawn in question, or the contest shall be concerning mills, roads, the probate of wills, or certificates for obtaining administration, such person or persons, body politic or corporate, may enter an appeal from such judgment or sentence, to the first day of the next court of the district, in which such county is.

LXXXVIII. The party praying a writ of supersedeas, shall petition the district court for the same, Petitions for pointing out the errors he means to assign in the pro- supersedeas. ceedings, and procure some attorney practising in such courts respectively, to certify, that in his opinion, there is sufficient matter of error, for reversing the judgment, whereupon such courts in their session, or any judge of such courts respectively in vacation, may order such writ to be issued, or reject the petition, as to them shall seem just, but no supersedeas shall be issued in any case, except such as in respect to its value or nature, would have admitted of an appeal.

LXXXIX. Writs of error or supersedeas, may be Jurisdiction granted by the district court to any judgment of the as to.

Bonds.

Judgment.

whom.

county court, above the value of ten pounds or one thousand pounds of tobacco.

XC. Before granting any appeal, or the issuing of any writ of error or supersedeas, the party praying the same, shall enter into bond with sufficient security, in a penalty to be fixed by the court or judge granting the same, with condition to pay the amount of the recovery, and all costs and damages awarded, in case the judgment or sentence be affirmed. Where several appeal, or obtain a writ of error or supersedeas, bond and security given by any party shall be sufficient.

XCI. If upon hearing any writ of error or supersedeas, the judgment of the inferior court be reversed in whole or in part, the district court shall enter such judgment thereupon, as ought to have been entered in the inferior court.

XCII. Bonds to be given in court for obtaining Bonds by writs of error, supersedeas, certiorari, appeals, or any other cause, shall be valid and sufficient if given by a responsible person and security, although the party interested in the event of the suit be not an obligor.

tions.

XCH. Where the defendant in any personal action Damages in personal ac. appeals, or obtains such writ of error or supersedeas, i. the judgment be affirmed, the damages besides costs shall be ten per centum per annum, upon the principal sum and costs, recovered in the inferior court, in satisfaction of all damages or interest.

In real. or

mixed.

Criminal ca.

ses.

XCIV. In real or mixed actions the damages shall be ten pounds, or two thousand pounds of tobacco, besides costs, and where the plaintiff appeals in any action. if the judgment be affirmed, and in all controversies about mills, roads, probat of wills, or certificates for administration, if the sentence of the inferior court be affirmed, the party appealing shall pay to the other

all costs.

XCV. When any person not being a slave, shall be charged before a justice of the peace with any criminal offence, which in the opinion of such justice ought to be examined into by the county court, the said justice shall take the recognizance of all material witnesses to appear before such county court, and immediately by his warrant commit the person so charged to the county jail, and moreover shall issue his warrant to the sheriff of the county, requiring him to summon the justices of the county to meet at their courthouse on a

certain day, not less than five nor more than ten days after the date thereof, to hold a court for the examination of the fact, which court shall consider whether, as the case may appear to them, the prisoner may be discharged from further prosecution, may be tried in the county or must be tried in the district court; and if they shall be of opinion that the fact may be tried in the county, the prisoner shall be bound over to the next grand-jury to be held for that county for trial, or upon refusing to give sufficient bail, shall be remanded to the county jail, there to remain until such court, or until he or she shall be bailed; but if they shall be of opinion that the prisoner ought to be tried in the district court, they shall take the depositions of the witnesses, and bind such, as they shall think proper, by recognizance, to appear and give evidence against such criminal at his or her trial, and having remanded the prisoner to jail, any two of the justices, one being of the quorum, by warrant under their hands and seals. shall direct the sheriff or his deputy to remove the prisoner and commit him or her to the district jail, there to be safely kept until he or she shall be discharged by due course of law; by virtue of which warrant the sheriff, as soon as may be, shall remove the prisoner and deliver him or her with the warrant to the keeper of the district jail, who shall receive and safely keep him or her accordingly. And for enabling the sheriff safely to convey and deliver such prisoner, the said two justices, by their warrant, shall empower him, as well within his county, as without, to impress such and so many men, horses, and boats, as shall be necessary for the guard and safe conveyance of the prisoner, proceeding therein as the law may direct in cases of impressing on other occasions; and all persons are to pay due obedience to such warrant. Provided, That if such prisoner shall, in the opinion of the court, be bailable by law, he or she shall not be removed within twenty days after the examining court, but shall and may be admitted to bail before any justice of the same county within that time, or at any time afterwards, before any judge of the general court:

XCVI. A public jailor shall be appointed to each Public jailor. district by the governor and council, shall give bond and security to the governor and his successors, as the public jailor in the city of Richmond now does, and