Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-01-23

cedeNt NAV prosecute any action at law 81
suit in equity, against such sheriff, which
he might have maintained against an ex-
ccutor or administrator, il one had qua iifi-
ed on such deceased persons estate n
which action or sut, The court shall render !
SuCh judgment or decree rs in Nordinarv
cases which If against the sheriff, shall
chnrge the assets Ia his hands, and be paid
BIZ hun under the order of The court either
by di,cAarllng the whole debt, or If there
be not suicient property on the deceased,
then In proportion Is what other creditors
shall receive under such order, and if the
shcr II shall die before c has fully admi-
nis,ered. iac succeeding sheriff or sheriff
then n Office, shall take mao his hands the
estate OF such decedenl unddminist, red
and shalt IN al respects, act IS if i had
Eesn originally com inlted x him: and all
s,,' ~ .ig;Nc ~ the said estate commenced
bY or against MS predecessor may he re-
yEed D, ScIre J!-i45 ~ his name: Propi-
d.G ,ac same Iluld have been revived b,
o. .glbst an executor or administrators
WHcre Tnappeal, writ OF error, or super
seieas a-pcnd'ng n any court shall aha,e,
cr1a nov 3bltcd, BY the death OF either p
reLant o. aDpc.lec, or the plaintiff or de.
i,arant ia Crcar, and the estate Of either
s',.h p1rty A,.t Or committee 70 the sheriff
a. before lti ed. the c, urt where such
appel, writ OF error ~ slIpersedcas IS now
or -n4g hc eAf,cr bc lepcud ding, may re-
yiNc me sane by scirc .faci5s, IN the same
m4nncr tnal Il might have been revived i
AZ executor NJ adm 'nistra.or had du lifted.
"a lcre an suit depending in any court of
law 81 equity, IS absted Dr shall abate, bv
Tie de9.h Of the plaintiff or defendant, it
~ y be revived ~ Scire fdcias in the
nt'ne Of the sheriff to whom the estate
MY DC committed s foresaid; Provided,
the same could have been revived by or
e. mat IN executor or admin straior: Pro-
~ ts"-rfh|i"ss, that in case Of snit
brought or revived against n sheriff, or an
appeal, wriI 81 error, or Supcrsedcas revv-
Ell against sheriff rs resenting a de-
ceased person as aforesaid, such sheriff
shall not De liable 20 costs, in case de-
ctce or Judgment is rendered aga inst him,
unless ne has assets 10 defray such costs.
and II ne has not sufficient assets then the
SD plaintiff, appellant or plant If in err +
81 ID be liable for 50 much of said costs as
tAe sheriff. shall not have assets enough to
pa. 10 cOmmence from the passng.)
9. An'act % amend an act Intituied, " An
act 20 compeithe attendance of witnesses
before single Justice of the peace"
When person is summoned to attend
- - "iNllSNo pNivlN any mag SCTaIc OF
COUNTY ~ Corporation, to give evidence in
ahy natter depending before such mag.s-
trtte, and shAi i{il - attend, not hav. ne
2 &c -sonahte excuse, ne shallbc fined by the
~ 'str4te before whom he shall 50 fill, in
go SUM OF exceeding S dollars, tn the use
o. the party for whom ne was summoned,
~ shf'l moreover he liable for damages
as now prescribed bv law: Provided, that
toe witnesses so failing, may for good
use she wn be excused, as heretofore.
IL com nenCe che 1,t IF Juue ncxtO
10. An act concern ng improvements.
Wherever it shah le necessary to i'm
press my properly for the use Of the COM
mCIwea'th. the officer Dr person nI reSsinr,
shall appiytoa ustice of the cou ~ where
"a he property shall be impressed, who
s1ll cause III 70 ne appraised by two disin-
trrested, respectable housc-keepers sworn
i7r hat purpose and If the property SO inn
pressed shall be totally lost in the service
~ tlc commonwealth, the ofdccr or person
imNressing 1t shall so certify Which an
prlifens2t and certificate shall authori e
the AUDITOR 10 issue a warrant upon The trca.
sorv ~ the am unit, TO be paid out of anv
MONIES therein. Should the property be re-
store u 'hc owner, an! he should conceive
i, @ been Injured, he may, within DAYS
there Ater, call On the same persons who
hrSt valued IT. Is to be fcnud, who shall be
sworn tndcternine its value at the time il
was restored TO the owner, otherwise any
justice in the county where the property
was Impressed, may cause two house-keeD-
frs to value the same upon oath as aforesaid
The Justice OF justices shall certify TO the
auditor, such first and sec nd valuation.
" th their true dates, and thc time such
n "crtv was restored, who ehall If the I'd
,n1ton amounts 20 q less sun than the
first, issue 4 warrant for the difference as
aioreSaid: Provided, thatin II second va
IN tons the hire 0f the property shall be
Z Ken int consideration by the appraisers.
j The property she'll have been Injured by
the officer or person impressiug it, or any
other pefson, whereby the st9tc sustained
a. ihiury; any attorney for til common
sc tn, IN the county where such person
resides. may by motion on 10 dlys notice,
recover tre amount in damn zcs sc fore any
court; bit such person mav have the mo-
ton tried by jury Provided he will not
ce'3y the trial (1'o commence from the
passirg)
f. An act 70 amend the acts concerning
C1DetabIcs.
Every constable hereafter appointed.
shall enter IN o a bond in such penalty. no,
less than500 nor more THAI s 1900, as the
court appointing him shall direct, and in
the manner and form nov prescribed by
law The several coupty -9grts when tbey
appoint con'tabes under the oct g concern
ing constabies," sh7llIa oTthejr COUNTY in
PAs many districts asthey may deem con-