The Wheeling repository — Wheeling, Va. [W. Va.], 1808-03-03 00:00:00, page 2

mul divulges what he sho del conceal ;
the Frenchman blabs every thing; the
Italian does not utter a word ; the Spa
niard is very mysterious.
u I/u women—are housewives In Ger
many; queens in England ; ladies in
iinuce ; captives in Italy ; slaves ia
Spain.
“ Hinds—In Germany tli-.-v are
masters; in England,servants; in France,
companions ; in Italy, school-bovs ; in
Spain, tyrants.”
AX ACT
I o organize and establish a .S iperior
Court cj I.aiv in each count:/ of the
common-wealth of Virginia.
(r'asseci February 1st, 1808.)
Be it enacted by the General Assembly,
1 luu the state shall he divided into 1*2
judicial circuits, and to each circuit rc
speem ti\, shah be allotted a judge ol
the general court, who shall hold a supe
rior court of law twice a year, at the
court-house of each county in the cir
cuit to whic h he may be allotted, at the
times and in the manner hereinafter
pvt sc ribed.
[ i he ac t here spec ifies the times at !
■uhich courts shall be hoiden in each
county, and describes the several cir-j
cults. Courts are to be hoiden in the ’
tu t llih circuit as follow s : In the county 1
oi brooke, on the iirstol April and first j
ol S ptember; in the county ol Ohio,on !
tlic eighth ot April and eighth of S p
tember ; in the county ol Monongalia,
on the 15th oi April and lath of Sept,
in the county of llarrisou, on the 24th
of April and 2-4th of September; in the
county ol W ood, on th. third of Mav
anct third ol October ; >n tile countv oi
Mason, on the 12th of May and i*2th
ol October; and in the cmnn of K n
wha, on the 24th of Ma * and 2 4thoJ
October.]
i’hich of the aforesaid t ou ts shall sit
un.il the business thereof shall be dis
pat he11, unless the judges holding the
stun - he compe lled to lea* c the court,
in order i > arrive in time to the next
luccet -;i jg court ia his circui .
Be it Jar 'du, t ,/t/. ted, l 1 • r > t the superi
or courts c • law, to be hold- n as a. >rc
• in each oi the said counties of tins
"u 1 * ..a, i.di haw. possess and
**■'xc-rc , .‘i th- rights, jurisdictions and
powers, th r ci minal or civil, over
***■'] p< rsons tin *s, w ithin the limit-.
Al *: • respee juoti'.s, in which
•fh' )’ iilay he hoidc n, luiit the diy.rict
covirts oi law do possess, and might or
could have exercised under the law as
heretofore, within their respective li
mits.
d ae practice and proceedings in the
said superior courts of law, shall be re
gulated by the same laws and rules, as
have been enacted and established, and
do now exist, lor the regulation of the
proceedings of the district courts of law.
The same right of appeal, which is
now allowed lrom the countv and cor
poration courts, to the district courts of
law, shall still be had to the said superi
or courts oi law ; and all process issu
ing under the law as heretofore, and
which would have been returned to the
district courts of law or any of them,
shall be in future returned to the supe
rior com t oi the county, in which the
said process may issue.
The right of appeal, shall remain and
be exercised as heretofore used in the
district courts.
i n? sneritls ol counties, shall act as
siteri 11 oi the aforesaid superior courts
holden in their respective counties, and
sliall summon and impanncl, therefor,'
grand juries, as they have been hereto*
iore summoned for the district courts*
1 he said sheriffs and clerks, shall more
over do and pet form, all the duties ap
pertaining to clerks of, and sheriffs at
tending on, the district courts, under
the law as at present. The judge of
each circuit, shall sppoint for their re
spective courts, a prosecutor for the
commonwealth, who shall he allowed
five dollars par day, tor every day he
may be engaged in publick service, to
be certified bv the judge, provided, that
the sum received by the attorney, shall
not exceed the sum ot fifty dollars per
annum tor services in any one of the
said superior courts.
Ail officers’ tecs, ter their services in
the aioresai l superior courts of law,
shall he the same as arc allowed at (his
time, for similar services, in the present
district courts of 1 \.
1 All causes depending in the present
distric t courts ol law, at the time when
this act shall go into operation, su 11 he
arranged by the respective clerks th i -
j °h and all the paper . and documents n;
longing to each cause, si ail be, 1 v die
I Slid clerks, transmitted to he c lerk of
those c unties respectively, in which i c
j first named defendant in the cau-e in-n
resief , or where there arc more tha
two dt fendants, fo the clerk of the com
; ty w heiciu a majority of the Uci .ndaata
reside,provided a majority reside in any
one county, together with a state of the
costs accrued in each cause ; and the
superior courts of the counties to which
the said causes mav be sent, shall take
cognizance thereof. The clerks of the
aforesaid superior courts of law, in the
counties wherein the present district
courts of law are holden, shall receive
into their possession, and are hereby
charged with the custody of, the books,
; cords and papers, belonging to the
said district courts of law, holden as a
- resnid, in their said counties ; anti in
fault of the present clerks of the said
district courts of law, making the ar
rangements and transmitting the papers
jn causes depending-in their courts, na
i.-> required by the preceding section, the
clerks hereby appointed to receive the
.-- lid papers, shall arrange and transmit,
the same as aforesaid ; and ail clerks
tor making the said arrangements, and •
transmitting causes into counties as a
ioresaid,shall receive such compensation
l lerefor, as the judge oi each superior
c >urt to which the said causes may tie
transmitted,shall :n his discretion allow.
T 1 he act here contains a provison, al
tering the times of holding quarterly
| courts in the counties of Cumberland,
| Accomack, Campbell, York, and Pitt
1 .'*1111 li. j
Be it farther enacted, That from the
commencement of this act, the general
court shall consist of twelve judges.
Be it further enacted, That so soon as
| two additional judges shall be appointed
and qualified, in pursuance of this act,
live govu rnor, with the advice of council,
, shall proceed to allot one judge of the
: general court to each of the circuits
hereby established, who shall perpetual
ly hold the superior court within the
sum thereafter ; and whenever, there
after, u vacancy shall happen in the ge
nt 1 al court, the person ap|K>it»<ed to sup
ply th.* same, shall, after his appoint
ment, rtside in tin- circuit lo which his
predecessor shall have been allotted.
Be it further enacted, 'That so soon as
the ail Ament aforesaid shall he made,
tlv governor shall inform the several
judges, y> which of the circu’ts they
shah haveybeen severally allotted ; and
each of th\ said judges shall tin re gion
proceed, hidted under his h m l and
seal, to upprlnl a clerk fori a h of the
superior couks within his circuit, xcept
’ ' -'e sup-, rior irmrt of that com tv in vv hich
in > d.strict coil t may have n ho hie n
■ Within the t»ak.c, the cleik whereof shall
\ •