Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1842-05-12
SKETCH OF THE ACTS
rPH'sei By Me General assembly of Virginia, a,
The sessfon Of l2ti-,i1

ss'eS W We Usnerdf sassemo.y " FrSsns0, az
the session Of l9ii-'43.
An act for preserving the testimony of witness
es In certain cases; provides, that during the
tendency OF any appeal, writ Of error or superse-
eas, In any of the courts Of tho State, il any Of
he parties theretO, or to the action, snit, other
proceeding, which Is, shall be, the subject Of
such appeal, writ or error, or supersedeas, shall
Appreheni the loss OF, or difficulty from, any
cause in obtaining the testimony of any material
witness ut future trial, upon affidavit thereof in
open court, or before the clerk in his office, or on
a certificate that affidavit has been made to
that effect from any Justice of the Peace, the
clerk Of the court in which the case was first de-
pending may, on request Of such party, award
commission for taking the deposition of such
witness, to be read evidence at such future tri
al. BY the like proceedings, any party to any
judgment, decree, or order. from. or to which an
appeal, writ of error, or supersedeas, may by law
be granted, may, at any time, within the period
limited for granting such appeal, &c., obtain the
deposition of such witness to be read IA afore- |
said.
An act amending the act, entitled an act to re-
duce into the several acts concerning execu-
lions, and for the relief of insolveni debtors; pre-
scribes, that hereafter, no judgment shall be rem
dercd against any garnishee named in the sche-
dule Of an insolvent debtor, without the appear
ance of such garnishee, unless the summons
required by law to be served upon such garnshee
shall have been served for at least twenty days
DckOfe the uule OIL rendering JuugUeut
An act concerning the jurisdiction OF the Cir
cult Superior Courts Of Law aud Chancery !;
provides that in all actions Of assumpst hereafter
Instituted in any such court. il tho value of the
items in the bill of particulars filed with the plain
uH's declaration, or other matter In controversy,
shall depend on the assessment OF a jury, and the
iurv shall aesae- sausIreu and so enter Of
record that the action was neither frivolous nor
vexatious, and was brought under the belief that
the plaintiff entitled to the amount of $50,
hp fnI
the plaintiff, such finding and assessment of the
jury, with or without costs, as TO the court NAV
seem right.
An act concerning lost records; authorses the
severai county and corporation courts in which
records or parts OF records have been lost or des-
uoyed, to appoint two commissioners TO examine
witnesses concerning the records or papers lost or
destroyed, and to take their dispositions i'll writing;
provides that where the original papers, or any
part OF them, in any cause commenced in or re-
moved 10 any court in the State, the record up
on an appeal or any paper connected with it, has
been or may be lost destroyed it shall be law
fu Tor the court where the cause was commen-
ced or TO which 1t has been removed, on motion OF
either party, to docket the same, and upon aflda-
VT HE'D that the papers cannot be Produced eth
CT party may hle copies or prove their contents,
and the court shall hear and determine the cause
as if the originals were filed but the court may
require new pleadings to be made up in whole
or IN part; and the plaintiff may prosecute IL new
suit In any court having jurisdiction of the SUBJ
1Ject. In suits so commenced, in questions arr
sing under any acts for limitations Of actions ELI
tries or evidences Ill the computations of tine the
period between the destruction or loss of the rec
ora or papers In the former suit, and the COM
mencement of the second action, shall not be ac.
counted part thereof, to bar any such action,
entry, or evidence, if the second suit be common.
ced within twelve months from and after the loss
or destruction of the papers. Gives authority to
any party wishing discovery from an adverse
party, touching the subject before the said board
OF commissioners, to file written heterogeneous
to such party, and g ives the commissioner power
TO require his answer upon oath and if any par
ty shall make oath that he believes an adverse
party has In his possession any instrument of
writing or other written evidence for him touching
the matter in controversy, and that he has no
means OF proving the contents Of such Instru-
ment, or of supplying such written evidence, and
snail specify, with reasonable certainty, the in
srument or evidence desired, the said board shall
require the adverse party oath, to answer
whether he has such instrument evidence i'm
possession, and, if he has, to produce the same.
And the Undergraduates, and answers and written
instrument or evidence, shall be certified by the
board, and lodged with the clerk of the court, in
which the loss or destruction of the papers may
have occurred, there TO remain evidence. Pre-
scribes, that if the adverse party fails answer, or
answers evasvely, or fails produce papers, evil
dence, required by the orders of the commissions
such proceedings shall be there had, would be
had, if either of said orders had been made by
the court. Authorizes the board to appoint
clerk TO keep journal of their proceedings to be
paid for his services by the county court. Gives
the board power TO summon witnesses, and upon
their failure to attend, to report such default to
the court, to be proceeded against as for like de-
fault before the court The proceedings before
the board to be commenced by petition in writing,
and by summons to the adverse party, to be serv-
ed reasonable time before the return day, if the
party be within the State, and, if beyond the
State, then in the mode prescribed in the case of
absent defendants in suits in cbancery; and, in
case of infants, the court is required to appoint a
guardian 10 represent the infants before the board
An act Incorporating the trusirees of Hunters
vile academy In the county of Pocahontas.
An act incorporating the trustees Of the Warm
Springs academy in the county of Bath.
An act establishing the county of Wayne of
part of the county OF Cabel; fixes the county |
seat on the lands Of Abraham Trout, senior, on |
Twelve Pole rivers the first court to be hold there
on the second Monday in June next, and the
County Courts on the second Mondays of every
month thereafter; the Quarterly Courts to be in
the months of April, July, September, ard De-
cember annually. The Circuit Courts TO be on
the third days of May and October. The county
to be attached to the same Judicial Circuit, and
the same Brigade, Senatorial, Congressional, and
Electoral districts with the county Of Cabell, and
the county of Wayne and The county of Cabell
together to send one Delegate to the House Of
Delegates. .