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IV. PROVIDED, that when an ideot or lunatic shall be fent to the hofpital and a committee shall be appointed, no fuit or action depending against fuch ideot or lunatic shall abate, but a fcire facias shall iffue against the committee, and the fame proceedings shall be had thereupon against fuch committee as if the faid fuit or action had originally been brought against him, and the judgment shall be entered up against him, upon which a fieri facias only shall iffue, to be levied of the goods and chattels of the ideot or lunatic in the hands of fuch committee. And when an ideot or lunatic shall be discharged from the hofpital, no fuit depending against his committee shall abate, but a fcire facias as aforefaid shall iffue against the perfon fo difcharged, and the fame judgment shall be had against him or her in the fame manner as if fuch fuit had been originally brought against him or her.

Suits against ide ots, &c. removed to hoípi

tal to be revived a

gainst committees.

V. THIS at fall commence and be in force from and after the paffing Commencement of this thereof.

act.

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

[Paffed the 19th of January, 1803.]

HEREAS doubts exist, whether on the death of the sheriff

i. WHE

or other

property under execution, which may

remain unfold at the time of his death, there is any mode to compel a fale of fuch property.

II. BE it enacted therefore by the General Affembly, That in all cafes in which a sheriff or other officer, taking property under execution, shall die before he fells fuch property, it shall be lawful for the clerk of the court from which fuch execution iffued, and he is hereby required to iffue a venditioni exponas, directed to the sheriff or ferjeant of the county or corporation in which the property was taken under execution; and the faid sheriff or ferjeant shall under the said venditioni exponas, receive the property from the reprefentatives of the former sheriff or other officer, who are hereby required to deliver fuch property to the faid sheriff, upon his producing the venditioni exponas, and executing to them a receipt for the property; and the faid sheriff shall proceed to fell fuch property, in the manner prescribed by law in other cafes of venditioni exponas.

III. AND be it further enacted, That if the reprefentatives of the deceased sheriff, shall refufe or neglect to deliver to the sheriff, the property fo taken under execution, by their teftator or inteftate, upon the sheriff's producing the venditioni exponas, or if after the expiration of three months from the death of the faid sheriff or collector, there be no executor or administrator of the fame, he shall return the truth of the cafe upon the faid writ; upon which return the plaintiff (or if it be a cafe of the commonwealth, the Auditor) may at their option, have an execution, by virtue of which the sheriff or other officer, may feize the property taken by the former sheriff or other officer, wherever it may be found, and fell the fame, in the manner prescribed by law under fimilar executions; or the said plaintiff or auditor, as the cafe may be, may move in the court from which the original execution issued, against the reprefentatives of the deceased sheriff, or other officer; upon which motion judgment shall be entered up against the reprefentatives of the deceafed fheriff or other officer, for the amount of the execution, which came to the hands of their teftator or inteftate, with lawful intereft on the fame, and the costs of faid motion. Provided always, that the execution iffuing on fuch judgment, shall be levied on the eftate of the faid deceased sheriff in the hands of his reprefentatives, who shall in all cafes have ten days previous notice of the time and place of making such motion.

Preambles

Property under execu tion and in poffeffion of a fheriff at the time of his death, how to be fold,

Proceedings where fuch property be not delivered to fheriff.

IV. AND be it further enated, That the sheriff or other officer discharg- Allowance to, and peing the duties prefcribed by this act, shall have the fame powers, receive nalty upon theriffs prothe fame fees and commiffions, and be liable to the fame penalties as in other ceeding under this at. cafes.

V. AND be it further enacted, That an affidavit in writing of the delivery on what evidence theof an execution on behalf of the commonwealth, to any sheriff or other offi- riffs may be fined for cer authorised to levy the fame, shall be fufficient evidence to render judg- not returning commons

Ggg

wealth's execucions,

Commencement of this
Aft.

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

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

thereof.

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Who may fucceed to infants in certain cafes.

Commencement of this

a.

1.

An Act concerning the diftribution of unbequeathed Personal Estate.

B

[Paffed the 22d of January, 1802.]

E it enacted by the General Affembly, That when an infant having title to perfonal eftate, fhall die before attainment of the age, when one may legally bequeath that kind of property, or after attaining fuch age, fhall die without bequeathing it, thofe of his or her kindred shall fucceed to the faid infant, who would have fucceeded, if he or she had been, at the time of his or her death, of the age of twenty-one years.

II. THIS act fhall commence and be in force from and after the paffing thereof.

Preamble.

Commonwealth divided into three districts.

A chancery court to be holden at Staunton,

Richmond,

and Williamsburg.

Length of feffions.

Counties hereafter made

I.

CHAP. CCXCVII.

An Act concerning the High Court of Chancery.

[Paffed the 23d of January, 1852.]

W Chancery are often equal to a denial of justice,

7HEREAS the delays infeparable from the prefent High Court of

II. BE it enacted by the General Affembly, That this commonwealth fhall be divided into three districts, and a fuperior court of Chancery shall be holden in each diftrict in the manner and at the times hereafter mentioned; that is to fay: The counties of Berkeley, Jefferfon, Frederick, Shenandoah, Rockingham, Augufta, Rockbridge, Botetourt, Montgomery, Wythe, Washington, Ruffell, Lee, Grayfon, Kanawha, Greenbrier, Monroe, Hampshire, Hardy, Pendleton, Ohio, Bath, Monongalia, Harrison, Brooke, Wood, Randolph and Tazewell, fhall compofe one diftrict, and a fuperior court of Chancery fhall be held therefor at Staunton, on the twentieth day of March, on the first day of July, and on the fifteenth day of November in every year :-The counties of Albemarle, Amelia, Amherft, Bedford, Brunswick, Buckingham, Campbell, Ca roline, Charlotte, Chesterfield, Cumberland, Culpeper, Dinwiddie, Fauquier, Fairfax, Fluvanna, Franklin, Goochland, Greenfville, Halifax, Hanover, Henrico, Henry, King-George, King-William, Loudoun, Louisa, Lunenburg, Madifon, Mecklenburg, Nottoway, Orange, Patrick, Pittfylvania, Powhatan, Prince-Edward, Prince-William, Prince George, Spottfylvania and Stafford, fhall compofe another district, and a fuperior court of Chancery shall be held therefor, at the Capitol in the city of Richmond, on the first day of March, on the twelfth day of May, and on the tenth day of September in every year :The counties of Accomack, Charles City, Elizabeth City, Effex, Gloucester, Ifle of Wight, James City, King and Queen, Lancafter, Mathews, Middlefex, Nanfemond, New-Kent, Norfolk, Northampton, Northumberland, Prince Ann, Richmond, Southampton, Surry, Suffex, Warwick, Weftmoreland and York, fhall compofe another diftrict, and a fuperior court of Chancery shall be 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 October in every year; and if any of the faid days be Sunday, the courts. fhail in that cafe be gin on the fucceeding day. Each court fhall fit, if bufinefs requires, twentyfour days (Sundays excluded) and fhall be a court of record.

III. THE counties which fhall hereafter be made, fhall remain in the fame to what districts to be district to which they formerly belonged; and if taken from different diftricts shall be annexed to that district moft convenient to the courthoufe of the faid new made county.

annexed.

Judges how to be appointed.

To refide at the place of holding court.

IV. ONE Judge shall be elected for each of the faid courts, by joint ballot of the Senate and Houfe of Delegates; who fhall be commiflioned in the manner directed by the conflitution of this commonwealth.

V. EACH Judge fhall refide at the place where the court of the district for which he may be elected, thall be holden.

1801.

IN THE TWENTY-SIXTH YEAR OF THE COMMONWEALTH. 427

VI. EVERY Judge fo commiffioned, before he enters upon the duties of How to be qualified, his office, fhall take and fubfcribe the oath of fidelity to this commonwealth, and the oath prefcribed by law for the Judge of the High Court of Chancery: Such oath shall be taken before the Executive, and a certificate thereof recorded, in the court of that district to which the faid Judges fhall refpectively beJong. If any perfon fhall prefume to execute the faid office of Judge without having taken the faid oaths, he fhall forfeit and pay the fum of fifteen hundred dollars for fuch offence.

VII. THE courts hereby established and each of the Judges thereof in term Their jurisdiction and time, as well as in vacation, fhall be fubject to the fame rules and regulations, powere. and fhall have and exercife the fame jurifdiction and powers within their respective diftricts, in all and every matter and thing, as the high court of Chancery or the Judge thereof poffefed on the first day of January in the year eighteen hundred and two, including the mode of arranging the bufinefs in the faid courts, of iffuing process, ferving and returning the fame, entering and enforcing decrees, granting and receiving appeals general and fpecial, writs of ne exeat, injunctions, bills of review general and fpecial, appointing clerks and officers, fubject only to the fame constitutional and legal restrictions and limitations as the faid High Court of Chancery was then bound by,

VIII. THE clerks and other officers of the faid courts fhall be entitled and Fees and falaries to authorised to receive and demand the fame fees and falaries as the clerk and clerks and other officers, other officers of the faid high court of Chancery are now entitled to receive and demand; and the clerks fhall deliver their lifts of fees to the fheriffs of the different counties of this commonwealth at the fame time the clerk of the high court of Chancery is now authorited to do; and fhall have the fame remedy against theriffs or their reprefentatives, thould their faid fees not be accounted for within the time limited by law as the clerk of the high court of Chancery now hath, for which collection they fhail receive the fame compenfation as is now allowed by law for collecting and accounting for the fees of the clerk of the High Court of Chancery.

IX. ALL caufes which shall be depending in the high court of Chancery on How caufes depending the first day of February next, thall be arranged by the clerk thereof, according in high court of chanto the districts herein defcribed, and with the papers therein, delivered by cery to be arranged and him to the clerks of the different diftri&ts hereby efiablithed, together with papers delivered. the state of the cofts which may have accrued in each fuit to the time of fuch

delivery.
X. IF either of the Judges of the faid courts be interested in any fuit, which
in the cafe of any other perion would have been proper for the jarifaiction
of his court, it shall be lawful to inftitute fuch fuit in any adjacent district court
of chancery, and the process from fuch adjacent court may be ferved in the dif-
trict in which the faid judge fhall refide, and such proceedings thali be thereupon
had as in other cafes in Chancery.

XI. ALL procefs to enforce the execution of any decres, may be iflued from any one of the clerk's offices of the faid diftri courts to the theriff of any county within this state, and fhall by him be executed and returned in the fame manner, as if the fame had iffued from the clerks office of the district in which he may refide.

How fuits wherein a chancery judge is inte

terested may be brought.

Process fued out of chancery courts how to be iffued and ferved,

either refides.

XII. WHEREVER there may be more than one defendant in a fuit, the Where there are feveral plaintiff or plaintiffs as the cafe may be, fhall have liberty to inftitute his, or defendants they may be their fuit in that diftri& where either of the defendants may refide, and in fuch fued in diftrict where cafe the clerk of the court in which fuck fuit is intituted, thall iffue a subpoča to the sheriff or sheriffs of the county or counties out of the diftrict where une other defendant or defendants may refide, authoriting him or them as tax cale may be, to execute and return the fame, and the fame being returned, thenke proceedings may be had thereon, as it the defendant or defendants refided within the district where the fuit is intituted.

XIII. THE prefent Judge of the high court of Chancery shill be the Judge chancery to be judge of of the district court to be holden in the city of Richmond.

XIV. ALL laws contrary to the purview hereof, and particularly those relative to the prefent high court of Chancery, snail be and are hereby repealed, fo far as they go to invest that court with powers and a jurisdiction extending over the whole of this commonwealth.

P

Richmond ciftrict.

Repealing claufe.

XV. THIS law fhall commence and be in force from and after the paffing Commencing claufe; thereof.

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