provided that fhall happen in four days; and if it does not, then the Term and fuits fhall ftand adjourned to the next Court, as before directed. (a)

IV. ALTHOUGH one or more of the Judges of the Court of Appeals be interested in the event of any fuit, matter or thing depending therein, the fame fhail be finally decided by the other judges, if there be a number of Judges not fo interested fufficient to conflitute a Court. (b)

V. IF, on an appeal from the High Court of Chancery, or on any question concerning any decree or order made therein, or procefs to be directed thereto, a majority of, or all the judges of the Court of Appeals be interested, then in the former cafe the remaining Judges of the Court of Appeals not fo interefted, and as many of the Judges of the General Court, as will make the number at leaft five, and in the latter cafe fo many of the Judges of the General Court not fo interested, as will make the number five at least, fhall conftitute a Special Court for the trial of fuch appeal or question. If on an appeal, writ of error, or fuperfedeas, to or from any judgment or order made in the General Court, or any queftion concerning the fame, or any procefs to be directed thereto, a majority, or all of the Judges of the Court of Appeals be interested therein, then in the former cafe the remaining Judges of the Court of Appeals, not being fo interested, together with the Judge of the High Court of Chancery, and as many of the Judges of the General Court, not being fo interested, as will make the number five at least, shall conftitute a like Court for the purpose aforefaid. If on an appeal, writ of error, or fuperfedeas, to or from any judgment or order made in a District Court, or any question concerning the fame, or concerning any procefs to be directed thereto, a majority, or all the Judges of the Court of Appeals be interested, then in the former cafe, the remaining Judges of the Court of Appeals not being interested, the Judge of the High Court of Chancery not being to interested, and as many of the Judges of the General Court, whọ are not fo interested, and did not render the judgment, or direct the order, as will make the number five at least, fhall conftitute a like Court for the purpose aforefaid; and in the latter cafe, no Judge of the Court of Appeals fhall fit; but any five of the Judges laft mentioned, and not difqualified as aforefaid, fhall conftitute a Court; Provided always, that in cafe of the fickness or other difability of the Judge of the High Court of Chancery to attend any Special Court of Appeals, fuch Court may, in any cafe, be constituted by other Judges. (c) And provided alfo, that when any Special Court fhall be appointed for the trial of any caufe depending in the Court of Appeals, because a majority of the Judges of that Court are interested or otherwife difqualified to fit therein, in cafe of the fickness or difability of the remaining Judge or Judges of the faid Court not fo difqualified, or either of them, the remaining Judges appointed by law to hold fuch Court, or any five of them attending may proceed to a hearing and decifion of the caufe, in the fame manner as if all the Judges of the Court of Appeals, not fo difqualified, had been present.

The court to determine caufes in which one or more of the judges may

be interested if there remains a fufficient num

ber to make a court. Special Courts of Appeals to be held for the trial of fuits in which majority of the judges of the Court of Appeals are interested.

VI. WHENSOEVER a majority, or all the Judges of the Court of Appeals When and where. fhall be interested in any of the cafes above-mentioned, the fame fhall be entered of Record in the said Court, and the Clerk thereof shall thereupon iffue a fummons to the Judge of the High Court of Chancery, and Judges of the General Court, requiring them, if not difqualified as aforelaid, to attend at the Capitol, in the City of Richmond, or in cafe of adjournment of the Court of Appeals to any other place, at fuch other place on the 20th day of June or November, then next following, and ftating the names of the parties, and the Court whofe decifion is to be examined. A Court conftituted in any of the cafes above described, fhall hear, determine, and finally decide all fuits, procefs, matters and things fubmitted to their cognizance and jurifdiction aforelaid. (a) VII. THE Clerk of the Court of Appeals for the time being, thall attend all fuch Special Courts with the Records in the cafes to fuch Special Courts committed, and enter the proceedings of all fuch Special Courts in the order Book of the Court of Appeals, and the fame fhall be figned by the prefiding Judge of fuch Special Court, and be certified to the Inferior Court; and the judgment &c. or decree, fentence or order of fuch Court, fhall be carried into execution in the fame manner as if the fame had been determined in the Court of Appeals. Such Special Courts fhall be attended by the like Officers with the Court of Appeals, who shall receive the like compenfation as they now do in the faid Court; and

(a) 1790, ch. 9, fec. 2. (b) 1789, ch. 18. (c) 1791, ch. 11, fec. 4. (d) 1789, cb. 18, fec. 9. Amended in 1796, ch. 17. 1791, ch. 11.

To be attended by the

clerk, and other officers of the Court of Appels, and to have the fame power of adjournment,

Caufes in the Special
Courts when to be re-

fumed by the Court of
Appeals.

Oaths to be administered

to the judges attending fuch Special Courts.

Allowances to them for

fuch Special Courts may adjourn and do all and every aft as a Court during their Seffion, which the Court of Appeals may by Law do. (a)

VIII. PROVIDED always, That where any caufe fhall be pending in any fuch Special Court, and the fame fhall not be determined before there fhall be a fufficient number of the Judges of the Court of Appeals qualified to make a Court for deciding the fame, fuch caufe fhall be refumed by the Court of Appeals, and be determined there, as if fuch caufe had never been committed to a Special Court.

Court take an oath to do his duty as a Judge of Appeals, in the cafe or cafes on IX. EACH Judge attending in confequence of fuch fummons, fhall in open which he is fummoned, impartially and truly, without favour or affection; which oath fhall be adminiftered by the eldeft fitting Judge, and fhall then be administered to him, if he fhall not before have qualified as a Judge of the Court of Appeals by one other of the Judges. (b)

X. EACH Judge attending in confequence of fuch fummons, and not difattendance and travel- qualified as aforefaid, fhall be allowed for his attendance three dollars and thirtyling expenfes. three cents per day, and for travelling to and from the place of Seffion, two dollars for every twenty miles: And the Judges of the Court of Appeals, attending fuch Special Court, and not disqualified to fit therein, fhall be paid the fame allowance. (c)

Court of Appeals to appoint their officers; to be attended by the sheriff of the county in which

the court is holden. Judges may appoint a clerk in vacation.

XI. THE Court of Appeals fhall appoint a Clerk, Tipftaff, and Cryer, the firft removable for mitbehaviour, in the manner directed by the Conflitution, the two others at pleafure; and fhall be attended by the Sheriff of the County, in which they fit, as their Officer. (d)

XII. IF a vacancy fhall happen in the office of Clerk out of the terms of the faid Court, it shall be lawful for a majority of the Judges, by commiflion under their hands and feals, to appoint a Clerk to fill fuch vacancy. (e)

XIII. THE Clerk of the faid Court fhall carefully preferve the tranfcripts of Records certified to his Court with the Bonds for profecution, and all papers relative to them, and other faits depending therein, docketing them in the order he shall receive them, that they may be heard in the fame courfe, unless the Court for good caufe to them fhewn, direct any to be heard out of its turn, and fhall faithfully record their proceedings and decifions, and certify the fame to the proper Courts. (ƒ)

XIV. APPEALS, writs of error, and fuperfedeas, may be granted, heard and determined by the Court of Appeals, to and from any final decree or judgment of the High Court of Chancery, General Court and District Courts, in the fame manner, and on the fame principles, as appeals, writs of error and fuperjedeas, are to be granted, heard and determined by the High Court of Chancery, and Diftrict Courts, to and from any final decree or judgment of a County, City, or Borough Court, and the party thall proceed in like manner, and the damages in cafe of affirmance fhall be the fame in the Court of Appeals, as in thofe Courts respectively; and the Clerk of the faid Court fhall'iffue the like process for fummoning the adverfe party, removing the Records, fufpending the execution, and for every other requifite purpofe, making thofe alterations in the form, which are neceffary to adapt it to the cafe, as are prefcribed in the like cafes in the High Court of Chancery, and the District Courts, refpectively. (g)

XV. WRITS of juperfedeas may be granted by any Judge of the Court of Appeals during vacation, the party defiring to obtain the fame, proceeding in like manner as in the cafe of a fuperfedeas to be granted by a Judge of the Diftrict Courts, to a judgment of the County Court, (b)

XVI. WHERE one perfon or feveral obtain an appeal, writ of error, or fu perfedeas, bond and fecurity given by any party, or by any refponfible perfon, ihall be valid and fufficient. (i)

XVII. WHENSOEVER any appeal, writ of error, or fuperfedeas, fhall be granted, and a tranfcript of the Record be not fent to the Court on or before the fecond term of the Court of Appeals, after the fame fhall have been granted, fuch appeal, writ of error, or fuperfedeas, fhall be difmiffed, unlefs good caufe be fhewn to the contrary. (4)

XVIII AFTER the difmiffion of an appeal, writ of error, or fuperfedeas,

(a) 1791, ch. 11. (b) 1790, ch. 7, fec. 3. (c) 1789, ch. 18: 1791, ch. 11, fec. 3. (d) May 1779, ch. 22. (e) 1788, ch. 68, jec. 8. (f) May 1779, ch. 22. (g) 1788, ch. 68, fec. 12. May 1779, ch. 22. (b) 1789, ch. 13, fec. 18. (i) 1788, ch. 67, fec. 92. ib. ch. 68, sec. 10. (k) 1789, ch. 18, fec. 12.

in the Court of Appeals, no appeal, writ of error, nor fuperfedeas fhall be al- peals, &c. none others lowed. (a)

to be allowed.

XIX. A CLEAR and concife state of the cafe of each party in an appeal, Cafes to be stated and writ of error, or fuperfedeas, with the points intended to be infiited on, figned printed for the Judges. by his counfel and printed, the expente whereof thall be taxed in the bill of cofts, fhall be delivered to every Judge time enough before the hearing, for his confideration; but the Court, if this be neglected, may nevertheless hear and Judgments of the court determine the matter, and may give fuch decree or judgment, if it be not af- how to be rendered. firmed or reversed in the whole, as the Court whofe error is fought to be corrected ought to have given, (affirming on thofe cafes where the voices on both fides thall be equal, with an allowance of the costs of appeal to the party prevailing) to be certified to the Court from which the matter was removed, who hall enter it as their own, and award execution thereupon accordingly. (6) XX. IT shall not be lawful for the High Court of Chancery, or General Court, to remove before the Court of Appeals, by adjournment, any question, matter or thing, whatsoever. (<)

XXI. THE Judges of the Court of Appeals shall direct the form of writs from time to time in fuch manner as shall feem advisable. (d)

XXII. ALL Acts and parts of Acts, within the purview of this Act, shall

be, and are hereby repealed.

No question to be re

moved by adjournment to the Court of Appeals.

The judges to direct the

forms of writs.

Former acts repealed.

XXIII. THIS Act shall commence and be in force, from and after the pafs- Commencement of this ing thereof.

CHAP. LXIV.

An A reducing into one, the feveral Acts concerning the High Court of

Chancery.t

[Paffed the 29th of November, 1792.]

DE it enacted by the General Affembly, That the High Court of Chancery

in

directed by the Conftitution of this Commonwealth.
II. THE faid Court fhall be holden at the Capitol in the City of Rich-
mend, or at fuch other place as shall be appointed by the General Affembly, or
in their recefs by the Governor, with the advice of the Council of State, on any
fach emergency, as will make the adjournment lawful. (e)

a&t.

High Court of Chan

cery to confift of one

judge how chofen and Where to be held.

commiffioned.

III. THE faid Court fhall be holden three times in every year, namely, on the first day of March, on the twelfth day of May, and on the tenth day of Terms. September; but if either of those days happen on a Sunday, on the day following. The Seffion in March fhall continue eighteen, and the Seffions in May and September twenty-four juridical days fucceflively, unless the business depend. ing before the faid Court fhall be fooner difpatched. (S)

IV. IF the Judge fhall not attend on the first day of the Term, fuch Court fhall ftand adjourned from day to day until a Court be made, if that fhall happen before four o'clock in the afternoon of the fixth day. (g)

The court to be ad

journed from day to

day for fix days when V. IF a Court fhall not fit in any Term, or fhall not continue to fit the the judge does not atwhole Term, or before the end of the Term shall not have heard and determin- tend. ed all matters ready for its decifion, all fuits, matters and things depending in Caufes to be continued Court and undecided, fhall stand continued to the next fucceeding Term. If to the next term wher from any caufe the Court shall not fit on any day of the Term after it shall have or does not finish the heen opened, there shall be no difcontinuance; but fo foon as the caufe is removed, the Court fhail proceed to bufinefs until the end of the Term, if the bufinefs depending before it be not fooner difpatched.

VI. EVERY perfon fo commiffioned before he enters upon the duties of his office, fhall take and fubfcribe the oath of fidelity to this Commonwealth, and ake the following oath: (b)

You all wear that well and truly you will ferve this Commonwealth in the office of Judge of the High Court of Chancery, and that you will do equal right to all manner of people, great and small, bigh and low, rich and poor, according to equity and good confcience, and the Laws and ufages of Virginia, without respect of perfons (a) 1789, ch. 18, sec. 12. (b) May 1779, ch. 22. (c) 1789, ch. 18, jec. 1. (d) 1788, cb. 67, jec. 22.

By act of Dec. feffion, 1801, pa. 12, ch. 14, three fuperior Courts of Chancery are etablished.

(e) 1788, cb. 69. (f) 1790, cb. 12. 1791, ch. 12. (g) 1788, ch. 69. tby Oa. 1777, ch. 15. fec. 1.

the court does not fit,

bufinefs.

Oaths to be taken by the judge.

Penalty for acting without taking the oaths.

Jurifdiction of the

court.

In what cafes to be ccn

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 perfon or perfons, great or jmall, for. any matter done or to be done by virtue of your office, except fuch fees or falary as fhall be by Law appointed. You shall not maintain by yourself, or by any other, privily or openly any plea or quarrel depend ng in the Courts of this Commonwealth. You shall not delay any perfon of right for the letters or requeft of any person, nor for any other caufe; and if any let er or request ome to you contrary to Law, you shall nobing do for fu better or request, but you call proceed to do be Law, any fuch letter or request notwithstanding, and finally in all things belonging to your faid office, during your continuance iberein, you shall faubfully, justly, and trul, according to the beft of your skill and judgment, do equal and impartial juftice, without fraud, favor, affection or partiality > help you GOD.

Such oath shall be taken before the Executive, and a certificate recorded in the faid Court.

VII. IF any perfon shall prefume to execute the faid office, without having taken the faid oaths, he shall forfeit and pay the fum of fifteen hundred dollars for his faid offence. (a)

VIII. THE faid Court shall have general jurifdiction over all persons, and in all caufes in Chancery, now pending therein, or which may hereafter be brought before it, whether by original procels, appeal from any Inferior Court, certiorari, or other legal means, and alfo in fuch other cafes, as by any statute, are, or shall be made cognizable therein: But no perfon shall commence an original fuit in any matter of lefs value than thirty-three dollars and thirty-three cents, except it be against the Juftices of any County or other Inferior Court, on pain of having the fame difmiffed with cofts. (a)

IX. THE faid Court shall be confidered as always open, fo as to grant infidered as always open, junctions, writs of ne exeat, certiorari, and other procefs heretofore ufually granted in vacation. (a)

Officers to be appointed.

The court may require the opinion of the Gene

ral Court in matters of law.

May proceed against oher abfent defendants as against absent debtors.

May direct iffues to be

tried.

Mode of trial in all other

cafes.

Suits properly cognizable in the General Court may be tried in the Court of Chancery,

X. THE faid Court shall have power to appoint a Clerk, who shall hold his office during good behaviour, and be entitled to fuch fees or falary as the Legislature may appoint, as alfo a Serjeant at Arms: (a) And in cafe of a vacancy in the recefs of the faid Court, the faid Judge may make the like appointments under his hand and feal, during a vacation; and fuch fucceeding Clerk or Serjeant, having, in any Court of Record, taken the oaths required by Law, shall exercife the fame power, perform the fame duties, and be entitled to the fame fees and profits, as if he had been appointed in Term time. (b)

XI. IT fhall be lawful for the High Court of Chancery to fend any matter of Law to the General Court, for their opinion, to be certified thereupon. (c) XII. ALTHOUGH any of the Defendants, whether debtors or others, in any fuit inftituted in the faid Court, fhould be abfent from the Commonwealth, the Court may nevertheless proceed to a hearing and decree therein, as in the cafe of abfent debtors having effects within the Commonwealth. (a)

XIII. THE faid Court in its difcretion, may direct an iffue to be tried, whenever it fhall be judged neceffary, either in that Court, or in any other Court whatfoever, as jullice or convenience to the parties may require, and in all other cafes the mode of trial fhall be the fame as hath been heretofore uled and practifed in the Courts of Chancery in Virginia. (e)

XIV. IF a majority of the Judges of the General Court be interested in any fuit, which in the cafe of any other perfon would have been proper for the Jurifdiction of fuch Court, it may be lawful to inftitute fuch fuit in the High Court of Chancery, where proceedings fhall be had conformably to the rules when a majority of the of the General Court, and procefs fhall be returnable as the High Court of Chancery shall direct; and thereafter an appeal may be entered to the Court of Appeals. (ƒ)

judges of the former are interested.

When appeals may be made from decrees in

county courts where not

entered when the decrees were pronounced.

XV. IT fhall be lawful for the faid Court to arrange the business thereof, in the most convenient and equitable manner. (g)

XVI. ANY party thinking himfelf aggrieved by a decree of the Court of a County, City, or Borough, in Chancery, and not having entered an appeal from the decree at the time it was pronounced, may appeal from fuch decree at time within one month after the decree pronounced, lodging for that purpofe with the Clerk of the High Court of Chancery, a copy of the proceedings in the fuit, and a petition fuggenting error in the decree, figned by fome Coun fel attending the High Court of Chancery, and alfo lodging with the petition

any

(a) Oct. 1777, ch. 15. fec. 2. (b) May 1778, ch. 7. (c) 1788, ch. 69, fec. S. (d) 1787, ch. 9. fec. 3. (e) 0.2. 1783, ch. 26, fec 3. (f) 1788, ch.67, jec. 131. 1783, c. 69. fic. 4.

a bond executed by the appellant or his agent, and a furety or fureties, with the like condition as is annexed to other appeal bonds, an affidavits, or folemn affirmations, verifying the fufficiency of the fureties; and the Clerk fhall thereupon iffue a fummons against the appellee, requiring him to appear and anfwer the faid petition and appeal, and shall alfo iffue a fuperfedeas, if neceflary, to enjoin from proceeding in execution of the decree; and the Court fhall and may hear and determine the appeal in the fame manner as if the appeal had been entered at the time the decree was pronounced. (a)

XVII. PROVIDED always, That whenever an appeal is prayed for from By whom bond and feany Inferior court to the faid High Court of Chancery, or bond is given for the curity may be given in removal of any fuit in Chancery, in any manner whatsoever, it shall be fufficient appeals, &c.

in either cafe, if the faid bond or bond's fhall be executed by good and fufficient fecurities, although the appellant or party fhall not execute the faid bond or bonds. (b)

XVIII. THE faid Court, or the Judge thereof in vacation, fhall have pow- How appeals may be er, for good caufe fhewn, to allow a petition of appeal, and if neceffary, order obtained from decrees in county courts where a jaber fedeas to ftop the execution of any decree pronounced by an Inferior not entered when the Court, at any time within three years after pronouncing the fame; the party decrees were pronounc praying fuch appeal and fuperfedeas, complying with the terms which the faid ed. Court or Judge hall annex to fuch order. (c)

XIX. ALL original process to bring any perfon to anfwer any bill, petition Procefs how to be issued. or information in the faid Court, and all fubfequent procefs thereupon, shall be

iffaed and figned by the Clerk in the name of the Commonwealth, and bear tefte Return days.
by the Judge of the faid Court; fhall be returnable to the firft or seventeenth
days of the term, which shall be next after the fuing out fuch procefs, and may
be executed at any time before the return day thereof. And if any procefs
fhall be executed fo late that the Sheriff hath not reasonable time to return
the fame before the day of appearance, and thereupon any fubfequent process
fhall be awarded, the Sheriff fhall not execute fuch fubfequent procefs, but fhall
return the first procefs by him executed, on which there shall be the fame pro-
ceedings as if it had been returned in due time. (d)

XX. ALL appeals from decrees in Chancery, obtained in any Inferior
Court, fhall be made to the third day of the next term.

XXI. IN all fuits in the faid Court, the following rules and methods fhall be obferved: The complainant fhall file his bill within one calendar month after the day of appearance, or may be ruled on the requifition of the defendant to file fuch bill, and if he fails to do fo within one calendar month after fuch rule, the fuit may be difmiffed with costs; and if he shall fail to file the fame within three months after the fubpoena fhall be returned executed, the suit shall stand ipffatto difmiffed with cofls. (e)

XXII. AND upon the complainant's difmiffing his bill, or the defendant's dimiffing the fame for want of profecution, the complainant fhall pay cofts, to be taxed by the Clerk of the Court; for which costs, an attachment, or other process of contempt, or an execution may iffue, at the election of the defendant, returnable on any return day. (f)

XXII. THE complainant may amend his bill before the defendant or his attorney hath taken out a copy thereof, or in a fmall matter afterwards, without paying costs; but if he amend in a material point after fuch copy obtained, he thall pay the defendant all cofts occafioned thereby. (ƒ)

XXIV. IF the defendant hall not appear on the day of appearance, (which in all cafes fhall be the fecond day after the Term to which the fubpana is returnable) an attachment fhall be awarded and iffued against him, returnable to the next Perm, which being returned executed, if the defendant doth not appear, or being brought into Court upon any fuch procefs, fhall obftinately refuse to anfwer, the complainant's bill fhall be taken as confeffed, and the matter thereof decreed accordingly. (f)

XXV. THE defendant within three calendar months after his appearance and bill filed, shall put in his anfwer to be filed with the Clerk in the office, at the expiration of which time, if no answer be filed, the Clerk, upon request, fhall iffue an attachment, returnable to the next Court; and if no answer be filed upon the return of fuch attachment executed, or a copy thereof left at the defendant's ufual place of abode, or laft place of refidence, the complainant's bill

(a) May 1778, cb. 7, fec. 3. (b) 1787, ch. 9, fec. 2. 1777, ch. 15, fec. 2. (e) O. 1777, ch. 15 fec. 3. 1777, ch. 15, fec. 4. 5. 6.

Κ

(c) ibid. (d) 0.9. 1787, ch. 9. (F) of

Appeals to be made to the third day of the next

term.

Rules to be obferved in

the pleadings.