The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-16

Diaria courts.
The Diftra courts fhall have the fame iurifaiaior
over CRIMINAL cafes not tried by court or Jail deliye
/; y, rs heretofore has been exercifed by them.
All original ProceIs IN the Dariet court fhall be
made re.urnable to the rule-day next after f;f,eet
days enfuing the date Of the fad procss; and fucb
day fhall be the day of appearance the pro-
Gels hall have been ferved and if il fa not have
been ierved. an alias other procefs may be award
ed returnahle to the next r,ile-day
ANY Juice Of the peace of the county, wherein
any Daria court capias ad refpondendum is to bs
executed, may, on good cauie to him nhewn by af-
hdavit, endoie thereon that appearance bail is TO be
required, and every fheriA fhaii govern hmlelf ac
eordiagly. .
new judicial diaria fhal be formed of the co,,n-
ties OF Wythe, Montgomery and Grayfon, and eour,
therefor nall be holden at Wythe court-houfe. on
the Fifteenth day of May and October in every year.
The Judges Of the General court fall at each fel.
hon alot themelves to the Dirif court. as follows
One TO the dtras Of Staunton & the Sweet fprinrs
one to the diaras Of Warrington and Wythe !; one
TO the diltrfs of Hardy and Monougala one to the
diitriets OF Wnsheiter and Hayn,sriet ole to h
diitrds OF Charlottesville & Frederiekfburgh; one u
the diitriets ct Northumberland and Accomac; one
to the diltries of Prince Edward and Erauhln; one
to the dnrias of BrunCwick and Suffolk; one TO
the diltrefs of Richmond and Petersburg, and one
to the diiiriets Of Williamsburg aud King and Queen.
W" JeoScs MSh NOT DC ueCenary TO hold a court
any caie And to prevent failure of julfice from
the inability of judge to attend the court to which
he may be allotted, the General court al BY order
degnate the Judge who ihaA hold court in any par
teular dria. in cafe Of the inability of the Judge
allotted to the fame, whole duty it fall be- on re-
eeiving notice offush inability, hold luch court
And whereas, the multiplicity buGnef, con,rnit-
tea to the County eouris,i found to produce de-
lay OF jutfice-for remedy thereof ,
Be it enacted, that the Governor with advice of
Council, fhal in March next con,miilion from among
the Juitices OF each county, five of the moi fit and
able, to be judges Of quarter feions for the period
OF tive years, who fha take the fame oath. as are
preioribed for uices of the peace. In like manner
vacancies hal be flled they occur. ANY three of
them fhall contribute court. The faid court Of quar-
ter eiions ihall be held in each county, ON the DAYS
heretofore appointed Tor holding quarterly courts,
and thal lit juridical days, unlefs the
buiinels is looner difpa,ched
he laid courts of quarter fefons l,all have the
lame jurifd9ion criminal offences Except in
holding examining courts the County courts at
the quarterly terms have heretofore had they fha
alto have jurifddion Of all caufes depending in the
county courts or to be hereafter commenced, in
common law and shancery, and futs by motion or
attachment, within their REFLECTIVE Counties TO be
exerciied in the like manner in all rcfpeets a, the
County courts at their quarterly have hereto
fore exerciied jurifdiaion.
The laid court hall have no power to receive
probate Of deeds wills grant LETTERS of admin-
trationi regular roads; make orders refpeGfng the
poor, guardians, matters apprentices to licenle
or regulate taverns; to make orders repe6ng leves
TO allow or certify Claims recommend OF APP
point any officers whatever, which powers hall re-
main to be exercled by the County courts at their
monthly felhans.
The faid court of quarter fefIions hall have the
like power to preferye order bind to the good be-
havionr, or % the peace, and Pupifh con,empts as
the quarterly courts have heretofore exercifed.
The monthly courts ihall be held as heretsfore, BY
the juices Of the peace and hs exercfe all the fame
juriidi9ion they have hitherto exercifed, except
IN the trial OF chaneery cauies and fuit by Motion
The jutces who ihall be as aforefaid, commiflion-
ed aud qualified judges of the court of quarter ief-
hons, tba not during their continuance in that Of
tice, att asuaiees of the peace, but their office and
asthory juitices Of the peace fal be fufpended
and they ha receive from the public treafury, as
compensation for their iervices, judges of the
otquarter FELTON,, falary Of two dollars for each day
they hal attend the ad COURTS to be paid out of a.
ny moneys in the treafury.
And in order that an adequate fund may be pro-
sded for the payment Of the aid judges Of quarter
.eflions,
Be further ena2ed, that inftead of the tax hi.
therto mpofed on law proceis in the county courts,
there fhall be paid the following, wit -On eve
ry CAPT S., luminous, or fubpGna nftuting fuit in
curt of quarter felton, dollar on every de-
elaratio in ejetement, dollar docketng every
luii lay motion, dollar; on dockettng every at
aehment againtt an abiconding debtor, one dollc.
On every appearance for defendant in any of the
laid iuis dollar which ial be collected 8,
paid into the reafury heretofore and alI be re.
covered by the prevailing party.
This ACT lha commence andbe in force from and
after the firh day of June next.
DsNr.
Number Of fuits in the County courts, &c.
now taxed, $4,000
Plan propoied 70 tax attachments and mo-
tons, fay, 5000
Four-ifths OF theie fuits will be defended, 10000
-
Produce Of the plan, $4,000
Expenfe Of the new plan, $4,000
-
Nett produce to the treafury, 10000
Prei.nt produce to the treaiury, fay, 1l,ooo