Virginia free press & farmers' repository. [volume] (Charlestown, Va. [W. Va.]) 1827-1832, 1831-03-03

lance and if either shall fail to attend,
the other shall hold the courts alone.
4 Sec. = 25, 90, Give the circuit courts
concurrent juriatiction with the coun-
~ courts, in all causes in chance,y
whatsoever, and in all cases Of detinue
and trorer.
So and So Sec. Take away, except
in a few specified cases. the right Of
appealing from the decisions of the
county courts. or the circuit courts, in
any other mode than by application to
the appellate court or some Judge in
vacation; and IL such appellate court
ar judge in vacation shall deem the
Judgment clearly right, the appeal.
writ OF error, resupersedeas, applied
Tor. shall be denied.
81 Sec. Provides that upon the az
hrmance of any judgment, by an appel.
late court, no damages shall be allow ed
beyond legal interest. or profits of the
property in controversy, and costs.
40 Sec. Authorizes chancery suits to
be brought in the circuit court of any
county wherein one or more Of the de-
PENDANTS may reside. and process may
issue against defendants in any other
county.
~ Sec. Requires the Chance'l TO
hold special court for the trial of any
person or persons charged with felony.
whenever there has been a failure OF
the regular term Of the court.
81 Sec. Gives the circuit courts
power, ut the end Of any term, 10 adj
jOurn To any day in the recess. and hold
an intermediate term for the trial of
such eases as were not dispo> od of dur.
ing the regular term. Provided, such
intermediate term shall not into, fctr
with quarterly term Of the county
court.
90 Sec. Permits defendant i'm any
suit at law, founded on contract ,w he
Their under seal or not, To file specia.
plea IN bar, in the nature Of a plea Of
set-oH, alleging fraud in the consider
alton, or in the procurement Of the
contract, or a failure Of consideration,
or any breach at warranty on the part
of the plaintiff, or unsoundness Of pro.
Perty. for the price or value whereof.
defendant entered into the contract,
and to set forth any damages defend.
ant has sustained by reason of the mat.
ter so pleaded. for which he would be
entitled TO an action against the plain.
TIL; and it the contract be under seal,
alleging any matter existing before its
execution, or any mistake therein, or
IN tie execution thereof. which would
cn'i,ie him 10 relief in equity. And if
the jury shall. on any such plea Of set
oh. find the damages TO which defend
ant Is entitled, to be greater than the
demand which plaintiff may establish
against him, the court shall render
judgment for defendant. for such ex
cess. The defendant, however. is not
bound to file such special plea, but NAV
as heretofore seek relief in chancery.
But IL snch plea be filed or rendered,
and a decision against him, the same
matter shall not afterwards be set up
in equity.
% Sec. Allows a mortgager, or one
who has executed a deed Of trust to
secure q debt, in any action at law,
brought against him for the recovery Of
land mOrtgaged or conveyed in trust.
To shew, on the trial. that the debt in
tended TO be secured has been paid, or
such other matter as would entitIe the
defendant TO a decree in chancery, to
revest in him the legal title.
Is Sec. Permits any vendec Of land,
who has written evidence OF an eauita-
BILE title, and is entitled TO a decree IN
chancery against the vendor, TO COM
pei bun to convey the legal title, 10
set up such equitable title Is a de.
fence TO any ejectment of writ Of right
or other action for the recovery of the
land brought by the vendor or his heirs.
And the judgment Of the court IN such
case, for the defendant, shall vest in
him the legal title.
IS Sec. Allows either party, In a
suit At law, Who desires a discovery
from the other party, to be used on the
trial at law, to obtain the same by 81.
ing interrosatories, without being obiig
eel To- file bill IN chanccry.
90 Sec. Permits n party at law 10
require the production of books or pa
pers. 10 the possession Of the other par.
~, if IL appear that they wsuld be ma.
tc,Ial evidence in the cause.
- Sec. Aboli,hes the Office Of mar.
shal Of the chanceiy courts, from and
after the 18th of June next.
20 Sec. Requires sheriffs 10 execute
all process in law and chancery.
SO Sec. Requires clerks Of the cir.
cult courts TO take sheriff-s receipt TOT
all process, &c.
81 Sec. Gives the chanceIlOrs in va.
cation, the power to- direct accounts 10
be taken before commissioners.
90 Sec. Directs the twelve judges
OF the general court. and the twelve
chsncellors, Ia convene at Richmond
on 18th June next. aud q mainriiY be.