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

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or decree for or against the executor or adj
ministrator in the same manner as if the o.
riginal writ had been issued against him as
such. And the Cause shall remain in its
place on the issue of an appearance docket,
as the case may be: but the defendant, be-
ing an executor ~ administrator, shall be
entitled 10 a continuance TO the next term
after that to which Il scirc fociaS shall have
been returned executed, OF at which. vo-
luntary appearance was catered. Provid-
ed, that no executor or administrator shall
be liable to answer any debt or damages
! cut of His own estate, beyond the assets
which may have come to h. hands, in con-
sequence Of any false pleading, misplead-
ing, or non-pleading, in any action now de-
pending or hereafter to be brought. No
thing in this act shall prevent the coSrt IN
which any such suit is tired from render
! ing Judgment as heretofore, when it shall
be found that the defendant hath sufficient
| assets, or for so much as shall be fcnnd to
be in his hands. All acts contrary hereto
| are repealed. ITO commence from the
! passirg)
i Is An act 10 amend an act reducing INTO
| one the several acts concerning the court
Of Appeals.
The vacancy occasioned by The resigna-
ton of Paul Darlington, Esq.i not TO be sup
| piled; and the Court is TO consist of 4 Judges
until another vacancy shall occur after
| which il is to consist of 8. As the seat of a
| Judge becomes vacant, his salary is to be c.
| qua!ly divided among the remaining Judges,
who are 10 hold three terms in a year, the
first to commence on the lst of January and
continue Is DAYS, the second on the LIST of
June, to continue SO days, and the third on
the 5th of October, 10 continue As DAYS, I'M
less the business at either term is sooner de-
cided.
No appeal on forthcoming bond is here
after to be allowed, from District Court
oil common law or chanCery; but n writ of
error or supersedeas may be awarded as
heretofore; except that in no case shall. an
appeal or writ of error be granted in open
court.
II. An act concerning the proceedings in
chancery, sc.
The judges of the chancerv district court
may, i'll vacation, direct an account to he Ia
ken; and decide any points on which the
commissioner may doubt; but without ar
guments ofcCunsel, except by consent ofpar-
ties. No appeal shall be granted in any
chancery cause, TIL final decree, unless
the court should deem it necessary, in order
to prevent change of property, under an
interiocutoTy decree. If the record of an
peal from an inferior to a superior court of
chancery be not sent up, before or during
the second term after granted, it Shall be
dismissed with costs, unless good cause be
shewn. If the defendant i'm a chapcery dis
trict court dues not file his answer within 8
months after bill hledand service of subpoe-
ma, the bill. may be taken for confessed. ana
proceeded on, as upon an attachment exc
cuted. In suits against absent defendants,
the court may order publication in any
newspaper in the commonwealth The Nav
term OF the chancery district court of Rich
mond, shall hereafter commence on the lst
day, and the September term on the 5th.
Commissioners in chanGery arc allowed the
same fees for copies (wbere no special al
lowance is made by the court as the clerk
OF their court, TO be taxed in the bill of costs,
and collected as clerks fees. Clerks for
the chancery district courts, are also allow
ed the same fees for executions, and Ia king
damages and costs, as clerks of the district
courts OF law. TO commence the first of
April next
~. An act concerning juries and venire-
men, authorises the court to make an adj
ditional allowance to each of the latter.
not exceeding 6 l Is, for every DAVIS de-
tention after the first. All allowanccsh here
toiorc made by the Courts for the expen-
ses OF veniremen detained, shall be liqui-
dated by the auditor, and warrant gran
ted on the treasurer for the amount.
10 commence from the passing1
- An act, Sewing power TO the ccun-
ty courts to establish ferries, &c" transfers
to that tribunal the powers heretofore ex-
crcised, on that subject, by the legislature.
The application must be advertised at the
courthouse door for .wo successive courts,
; and decided when a majority of the whole
justices of the court are present The de-
tails Of this actI are too minute for inser-
tion.
20. an act to empower the executive
to appoint persons to collect the arrears of
taxes This act authorizes the executive
to appoint agents to collect the arrearares
OF taxes, &c. prior to 1902, and to allow
them not less than Z IL nor more than q
per cent. commission.
q. An act "Concerning District Courts
and assigners Of bonds, &c" provides that
when the General Court shall fail to sit.
and allot the judges to the districts, the
former allotment shall prevail. Where a
cause IS removed by ha6eas corhus or cey-
Horarf, 1t is to be proceeded on from In.
stage III which it stood in the inferior court.
An action is given by an assignee against
a remote sssignor Of a bond, sc. but the
defendant may avail himself ofany defence
whchhe might make against his next inn
mediate assignee. The Richmond District
Court, ofcommon law, shall hereafter COM
mcnce on the 2Sth of March and August,
and sit IS days. (To commence LIST Of A.