The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-06-02
AN ACT

Tor TIE appointment Of an additional Judge .to,.
tire A4j6i9Iepi territory and for ether faupo-
E5.
DE it enoaed BY tie Senate and Hon/e Of Re
ID preieafatiq,eJ Of TIE United States Of dine
RIGA in ConSrejJ agem6ieG, That there fhall be
appointed an additional judge for the Mnifip-
pi territory, whoihalreGde at or near the Tom
bigbee fettlement, and who fhal, poGefs and ex-
ercife, within the dftriGt OF Warrington, as fix
ed and afcertaned by an act of general afIem-
bly, ofthe Mifiiippi territory, entitled, an &c ACT
for the more convenient organization of the
courts of the faid territory" the jurisdiction
heretofore pohelled and exercifed by the fuperi-
or court of the faid territory within the faid diff
trlct of Wilmington, and to the evolution ofthe
original jurisdiction of the faid hyperion court
within the fame: Provided aisuays, That the
fad hyperion court ihal have full power and ai,-
thority to iliue writs OF error to the court eff
tabliihed by this act, and to hear and determine
the fame when fitting, for the difrict of Adams,
as fixed and afcertained by the a6 of the gene
raj aflembly of the Mififiippi territory herein
before mentioned.
Sec. Q. Be it further enafcd, That. the faid
hyperion court are hereby authorized, upon the
revertal of Il judgment of the court eftablifhed
by this act, to render fuoh Judgment as the faid
court ought TO have rendered or paf1ed, except
where the rsverfal is in favor of the plaintiff in
the original fuit and the debt or damages to be
atiefled, are uncertain in which cafe, the caufe
fiall be remanded, in order to final determi-
nation.
Sec. 9. Be it further en0i7ed, That when any
perion, not being an executor or administrator,
applies for writ of error, fuch writ of error
hall he no ftay of proceedings in the court to
which it ifiues, unlefs the plaintiff in error fhal
give tecurity, to be approved of by a judge of
the fad hyperion court that the plaintffin error
ihall profecute his writ to effect, and pay the
condemnation money, and all COTS, or other
wife abide the Judgment in error, if he fail to
make his plea good.
Sec. q. Belt further enacted, That all pleas,
procets and proceedings whatever, which NAV
have been commenced in the faid hyperion court
within the aforeiaid diitri6t of Warrington,
fhall be, and the fame are hereby transferred to
the court eftabliihed by this a6t and the Off
GERS appointed to itiue or execute the procefs
OF the iaid hyperion court within the diitrid of
Wilmington, and to record the proceedings of
the fame, are hereby authorized and required
10 iflue and execute the procefs of the court ef
tabliihed by this act, and to record the proceed
ings thereof.
Sec. S. Be ii. further ennEed, That the court
efablhed by this act, fllall hold two terms in
each and every year, at the place where the
d ~S' 10 ASi WI NObiNJ, E4llLii lIC idlQ
territory, fhall be held, to commence on the
days following, to wit, on the frit Monday in
May and September annually and fl1all then
and there proceed TO hear and determine the
pleas, procefs and proceedings depending be-
fore them, in the fame manner as the faid fil-
perior court within the difria of Wilmington
aforeiaid might or could have done, in cafe this
act had not been paffed.
| Sec. s. ind be il further enaGed, That the
Judge to be appointed by virtue of this act,
ihall receive the fame falary and payable in the
fame manner, Which is efabliffled by law for
Judges of the faid hyperion court of the Mifflip-
pi territory.
NATEr. MACON,
Speaker Of The HONE efReprsentatives.
JESSE FRANKLIN,
PrsGdent ct'thc Senate, 1pro-tempore.
March OF, 1904.
APPROVED,
TIL: JEFFERSON.