Imágenes de páginas

2. Mo Pastringas lag againåt the Sons of an oid this to oblize the

, muie pero mais tu la bluntly him si ai lifttime
ball. Garrifon

under fieri, laces! Torphim ng5.

[ocr errors]





· IV. PROVIDED, that when an ideot or lunatic shall be tent to the hospi. Suits agaiak ide ots, tal and a committee shall be appointed, no fuit or action depending against &c. semoved to hospi. such ideot or lunatic shall abate, but a scire facias shall issue against the com- he revived a : mittee, and the same proceedings shall be had thereupon against such commit- gainf committees. tee as if the said suit or action had originally been brought against him, and the judgment shall be entered up against him, upon which a fieri facias only shall {flue, to be levied of the goods and chattels of the ideot or lunatic in the hands of such committee. And when an ideot or lunatic shall be discharged from the hospical, no suit depending against his cemmittee shall abate, but a scire facias as aforesaid shall issue against the person so discharged, and the same judgment shall be had againft him or her in the same manner

as if such suit had been originally brought against him or her.

V. THIS act all comprence and be in force from and after the pasing Commencement of this thereof.


An Act to direct the mode of proceeding under Executions in certain cafes.

[Passed the 19th of January, 1803.)
1. HEREAS doubts exist, whether on the death of the sheriff or other Preambles
remain unsold at the cime of his death, there is any mode to compel a fale of
such property

11 BE it enacted therefore by the General Asembly, That in all cases in Property under exccus which a sheriff or other officer, taking property under execution, shall die be- tion and in poffeffion of fore he fells such property, it shali be lawful for the clerk of the court from a fhe:iff at the time of which such execution issued, and he is hereby required to issue a venditioni ex

his death, how to be

, ponas, directed to the sheriff or serjeant of the county or corporation in which fold, the property was taken under execution; and the said sheriff or serjeant shall under the said venditioni exponas, receive the property from the representatives of the former sheriff or other officer, who are hereby required to deliver such property to the said sheriff, upon his producing the venditioni exponas, and executing to them a receipt for the property; and the said sheriff shall proceed to fell such property, in the manner prescribed by law in other cases of venditioni exponas.

III. AND be it further enacted, That if the representatives of the deceased Proceedings where sheriff, shall refuse or neglect to deliver to the sheriff, the property fo taken such property be pot under execution, by their teftator or inteftate, upon the sheriff's producing the delivered to berik. venditioni exponas, or if after the expiration of three months from the death of the said sheriff or collector, there be no executor or administrator of the same, he shall return the truth of the case upon the said writ; upon which return the plaintiff (or if it be a case of the commonwealth, the Auditor) may at their option, have an execution, by virtue of which the sheriff or other officer, may seize the property taken by the former sheriff or other officer, wherever it may be found, and sell the fame, in the manner prescribed by law under similar executions; or the said plaintiff or auditor, as the case may be, may move in the court from which the original execution issued, against the representatives of she deceased sheriff, or other officer ; upon which motion judgment shall be ensered up against the representatives of the deceased sheriff or other officer, for the amount of the execution, which came to the hands of their testator or inteltate, with lawful interest on the same, and the costs of faid motion. Provided always, that the execution issuing on such judgment, shall be levied on the eftate of the faid deceased sheriff in the hands of his representatives, who shall in all cases have ten days previous notice of the time and place of making such motion.

IV. AND be it further ena Eted, That the sheriff or other officer discharg. Allowance to, and per ing the duties preicribed by this act, shall have the same powers, receive paley upon heriffs prothe same fees and commissions, and be liable to the fame penalties as in other ceeding under this act. cases.

V. AND be it further enacted, That an affidavit in writing of the delivery On what evidence the of an execution on behalf of the commonwealth, to any sheriff or other offi- riffs may be fined for eer authorised to levy the same, shall be sufficient evidence to render judg- not returningcommons

wcalch's execucions,


Commencement of this

ment for the fine, in case such execution shall not be returned within the time limited by law.

VI. THIS act shall commence and be in force, from and after the palling thereof.

Who may succeed to infants in certain cales.

An Act concerning the distribution of unbequeathed Personal Estate

[Passed the 22d of January, 1802.]
I. E it enacted by the General Asembly, That when an infant having title

to personal estate, shall die before attainment of the age, when one may legally bequeath that kind of property, or after attaining such a ge, fhall die without bequeathing it, those of his or her kindred shall succeed to the said infant, who would have succeeded, if he or she had been, at the time of his or het death, of the age of twenty-one years.

II. THIS act shall commence and be in foice from and after the passing thereof.


Commencement of this 14.


[ocr errors]

· I.

An Act concerning the lligh Court of Chancery.

[Passed the 2 3d of January, 1932.] Preamblo.

HEREAS the delays inseparable from the present High Court of Commonwealth divid- II. BE it enacted by the General Afembly, That this commonwealth fhall be ed into three districts. divided into three districts, and a superior court of Chancery shall be holden in

each district in the manner and at the times hereafter mentioned; that is to say: The counties of Berkeley, Jefferson, Frederick, Shenandoah, Rockingham, Augusta, Rockbridge, Botetourt, Montgomery, Wythe, Washington, Russell, Lee, Grayson, Kanawha, Greenbrier, Monroe, Hampshire, Hardy,

Pendleton, Ohio, Bath, Monongalia, Harrison, Brooke, Wood, Randolph and A chancery court to Tazewell, shall compose one district, and a superior court of Chancery hall be be holden at Staunton, held therefor at Staunton, on the twentieth day of March, on the firft day of Ju

ly, and on the fifteenth day of November in every year :-The counties of Albemarle, Amelia, Amherst, Bedford, Brunswick, Buckingham, Campbell

, Caroline, Charlotte, Chesterfield, Cumberland, Culpeper, Dinwiddie, Fauquier

, Fairfax, Fluvanna, Franklin, Goochland, Greensville, Halifax, Hanover, Henrico, Henry, King-George, King-William, Loudoun, Louisa, Lunenburg, Madison, Mecklenburg, Nortoway, Orange, Patrick, Pittsylvania, Powhatan, Prince-Edward, Prince William, Prince George, Spottsylvania and Stafford,

shall compose another district, and a superior court of Chancery shall be held Richmond,

therefor, at the Capitol in the city of Richmond, on the firit day of March, or the twelfth day of May, and on the tenth day of September in every year :The counties of Accomack, Charles City, Elizabeth City, Esex, Gloucester

, Isle of Wight, James City, King and Queen, Lancaster, Mathews, Middlesex, Nansemond, New-Kent, Norfolk, Northampton, Northumberland, Princes:Ann, Richmond, Southampton, Surry, Sussex, Warwick, Wettmoreland and

York, shall compose another distriết, and a superior court of Chancery shall be and Williamsburg.

held therefor, at the former capitol in the city of Williamsburg, on the first day of April, on the first day of July, and on the twelfth day of Odober in every

any of the said days be Sunday, the courts, fall in that case beLength of sessions,

gin on the fucceeding day. Each court shall fit, if business requires, Ewenty

four days (Sundays excluded) and Mall be a court of record. Counties hereafter made III. THE counties which shall hereafter be made, shall remain in the same to what diftricts to be distriêt to which they formerly belonged; and if taken from different dittricts

shall be annexed to that diitrict inolt convenient to the courthouse of the faid new Judges how to be ap

IV. ONE Judge shall be elected for each of the said courts, by joint ballot pointed,

of the Senate and House of Delegates ; who thall be commisioned in the manne!

directed by the conftitution of this commonwealth. To reside at the place V. EACH judge shall reside at the place where the court of the difriat for of holding court. which he may be elected, shall be holden,



year; and if


made county:

« AnteriorContinuar »