Acts of April 16, 1831, Ses. Acts 1830-31, ch. 11, § 4; February 16, 1833, Ses. Acts 1832-3, ch. 57, and March 15, 1836, Ses. Acts 1835-6, ch. 50. Ses. Acts 1836-7, c. 63, § 2, p. 40,] of Fairfax, on [the Tuesday after the fourth Mondays in May and October; Ibid. § 1,] of Stafford, on [the Wednesday next after the third Monday in June and November; act of March 21, 1836, Ses. Acts 1835-6, c. 51, p. 38,] and the said connties shall compose the sixth circuit. And the said fifth and sixth circuits shall compose the third district. Act of April 16, 1831, Ses. Acts 1830-31, ch. 11, § 5; March 15, 1836, Ses. Acts 1835-6, ch. 50, § 5; March 23, 1838, ch. 67; March 13, 1840, ch. 43, § 1. 5. § 5. A court shall be held in and for the county of Chesterfield, on the twenty-fifth day of March and on the twenty-second day of October; of Powhatan, on the first day of May and on the fourth day of November; of Goochland, on the Tuesday after the third Monday in April and on the twentieth day of September; of Hanover, on the Tuesday after the first Monday in April and on the first day of October; of Charles City, on the eighteenth day of May and the eighteenth day of November; and the said counties shall compose the seventh circuit. [The county of Henrico and city of Richmond shall constitute a judicial circuit, to be styled the twenty-first judicial circuit, but it shall continue a part of the fourth judicial district. A judge shall be appointed for the said circuit, in the manner in which other judges are appointed in this commonwealth, who shall hold courts for the same, at the periods, and in the manner now prescribed by law for holding the circuit superior court of law and chancery for the county of Henrico. He shall be a judge of the general court. Act of Feb. 25, 1837, Ses. Acts 1836-7, c. 61, § 2, 3, p. 38, 39.] [The said court may be held in the capitol in the city of Richmond, or in the city hall, as the judge thereof may from time to time think proper. Act of March 17, 1840, c. 12, § 3, p. 24.](b) A court shall be held in and for the county of Cumberland, on [the twenty-fifth day of March and the twentyfifth day of August; act of March 3, 1838, c. 68, § 1,] of Buckingham, on [the fourth day of April and the fourth day of September; Ibid.] of Campbell, on [the nineteenth day of April and the nineteenth day of September; Ibid.] of Bedford, on the tenth day of May and tenth day of October; and in and for the town of Lynchburg, on [the tenth day of January and the first day of July] and the said counties and town shall compose the eighth circuit. And the said seventh [twenty-first] and eighth circuits shall compose the fourth district. Act of April 16, 1831, Ses. Acts 1830-31, ch. 11. 6. § 6. A court shall be held in and for the county of Halifax, on the first day of April and first day of September; of Charlotte, on [the fifteenth day (b) For the terms and times of holding the court in the twenty-first circuit, see post, No. 62. By act of March 6, 1834, Ses. Acts 18334, c. 46, § 2, p. 69, it is provided, "that it shall be lawful for the judge of the said court, (circuit superior court of Henrico,) by an order to be entered on the records of said court, on the sixteenth judicial day after the said court shall have commenced its session for the trial of civil causes at each term thereof, to direct that executions may issue on judgments rendered on or before the said sixteenth day of said term;" and by act of March 15, 1836, Ses. Acts 1835-6, c. 50, § 10, p. 37, it is provided, "that all office judgments, non-suits or dismissions, obtained in the office, and not set aside on or before the twenty-fourth day of any term of the circuit superior court of law and chancery for the county of Henrico, shall be considered as final judgments of the said twenty-fourth day;" "and execution may issue thereupon accordingly: Provided, That nothing herein contained shall deprive the court of the right heretofore exercised of directing executions to issue at an earlier period for special cause." Act of March 6, 1834. Act of April 16, 1831, Ses. Acts 1830-31, ch. 11. of April and the fifteenth day of September; act of March 31, 1838, c. 67, p. 64,] of Prince Edward, on the twenty-sixth day of April and twenty-sixth day of September; of Lunenburg, on the fourth day of May and fourth day of October; of Mecklenburg, on [the twelfth days of May and October; act of Jan'y 16, 1840, c. 44, p. 43,] and the said counties shall compose the ninth circuit. A court shall be held in and for the county [of Patrick, on the twentyfirst day of April and September; act of March 8, 1834, Ses. Acts 1833-4, c. 50, § 2, p. 70,] of Floyd, on [the twenty-sixth day of March and August; Ibid. and act of Feb. 20, 1838, c. 71, § 1, p. 64,] of Henry, on the first day of May and October; of Pittsylvania, on [the twentieth day of May and October; act of March 8, 1834, Ses. Acts 1833-4, c. 50, § 2, p. 70,] of Franklin, on the ninth day of May and ninth day of October; and the said counties shall compose the tenth circuit. And the said ninth and tenth circuits shall compose the fifth district. 7. § 7. A court shall be held in and for the county of Fluvanna, on the first day of April and first day of September; of Louisa, on the tenth day of April and tenth day of September; of Orange, on [the first day of May and the first day of October; act of March 3, 1838, c. 72, p. 65,] of Greene, on [the third Monday of June and the third Monday of November; act of Jan'y 24, 1838, c. 59, § 8, p. 53,] of Madison, on the twelfth day of May and twelfth day of October; of Culpeper, on the twenty-second day of May and [the fourth Monday in October; act of Jan'y 15, 1840, c. 40, p. 41,] [of Rappahannock, act of Feb'y 8, 1833, Ses. Acts 1832-3, c. 73, § 8, p. 46,] on the [twentieth day of April and the twentieth day of September; act of March 3, 1838, c. 72, p. 65,] and the said counties shall compose the eleventh circuit. A court shall be held in and for the county of Amherst, on [the twenty-fifth day of March and the twenty-fifth day of August; act of Feb. 1, 1840, c. 39, p. 41,] of Rockbridge, on the sixteenth day of April and sixteenth day of September; of Nelson, on the twenty-ninth day of April and twenty-ninth day of September; of Albemarle, on the tenth day of May and tenth day of October; of Augusta, on [the tenth day of June and the tenth day of November; act of Dec'r 13, 1833, Ses. Acts 1833-4, c. 48, p. 70,] and the said counties shall compose the twelfth circuit. And the said eleventh and twelfth circuits shall compose the sixth district. 8. § 8. A court shall be held in and for the county of Jefferson, on [the twenty-fourth day of May and the twenty-fourth day of October; act of Jan'y 31, 1840, c. 42, 43, p. 42,] [of Berkeley, on the first day of May and first day of October; act of Feb'y 17, 1836, Ses. Acts 1835-6, c. 53, p. 38,] of Morgan, on [the twenty-eighth day of April and on the twenty-eighth day of September; act of March 21, 1838, c. 73, p. 65,] of Hampshire, on the tenth day of April and the tenth day of September; act of Feb. 17, 1836, Ses. Acts 1835-6, c. 53, p. 38,] of Frederick, [in the town-hall of the town of Winchester, act of March 10, 1832, Ses. Acts 1831-2, c. 57, p. 44,] on [the fourteenth day of May and the fourteenth day of October; act of Feb. 17, 1836, Ses. Acts 1835-6, c. 53, p. 38,] [of Clarke, on the twenty-fourth day of March and the twenty-fourth day of August; act of March 8, 1836, Ses. Acts 1835-6, c. 19, § 8, p. 21,] and the said counties shall compose the thirteenth circuit. A court shall be held in and for the county of Page, on [the fourteenth of April and on the fourteenth of September; act of March 6, 1837, Ses. Acts 1836-7, c. 58, p. 37,] of Shenandoah, on [the fourth day of April and on the fourth day of September; Ibid.] [of Warren, act of March 9, 1836, Ses. Acts 1835-6, c. 20, § 8, p. 23,] [on the thirtieth day of March and on the thirtieth day of August; act of March 6, 1837, Ses. Acts 1836-7, c. 58, p. 37,] of Hardy, on the twenty-first day of April and twenty-first day of Sep Act of April 16, 1831, Ses. Acts 1830-31, ch. 11. tember; of Pendleton, on the second day of May [and second day of October; act of March 21, 1836, Ses. Acts 1835-6, c. 54, § 2, p. 39,] of Rockingham, [on the eighth day of May and eighth day of October; Ibid.] and the said counties shall compose the fourteenth circuit. And the said thirteenth and fourteenth circuits shall compose the seventh district. Act of April 16, 1831, ch. 11. Sup. R. C. ch. 109. 9. 9. A court shall be held in and for the county of Lee on [the first Monday in April and September; of Scott, on the second Monday in April and September; act of 1838, c. 74, § 1, p. 65,] of [Russell on the third Monday in April and September; of Tazewell, on the fourth Mondays in April and September; of Washington, on the second Monday after the fourth Monday in April and September; act of 1831-2, c. 59, § 1, p. 45,] of Smyth, on [the eighteenth day of March and the eighteenth day of August; act of Feb. 23, 1832, Sess. Acts 1831-2, c. 67, § 8, p. 48,] and the said counties shall compose the fifteenth circuit. A court shall be held in and for the county of Wythe on [the seventh day of April and September; of Grayson, on the first day of April and September; act of March 8, 1834, Sess. Acts 1833-4, c. 50, § 1, 2, p. 70,] of Montgomery, on [the twenty-first day of May and the twentyfirst day of October; act of Feb. 18, 1836, Sess. Acts 1835-6, c. 55. p. 39,] [of Pulaski, on the twentieth day of April and the twentieth day of September; act of March 30, 1839, c. 50, § 8, p. 32,] of Giles, on [the thirteenth day of May and the thirteenth day of October; of Monroe, on the sixth day of May and the sixth day of October; act of Feb. 18, 1836, Sess. Acts 1835-6, c. 55, p. 39,] [of Mercer, on the first day of May and the first day of October; act of March 17, 1837, Sess. Acts 1836-7, c. 54, § 8, p. 33,] and the said counties shall compose the sixteenth circuit. And the said fifteenth and sixteenth circuits shall compose the eighth district. 10. § 10. A court shall be held in and for the county of Botetourt on the first day of April and first day of September; [of Roanoke, on the twenty-fifth day of March and the twenty-fifth day of August; act of March 30, 1838, c. 60, 8, p. 56,] of Alleghany, on the eighteenth day of April and the eighteenth day of September; of Bath on the twenty-fifth day of April and twenty-fifth day of September; of Pocahontas, on the second day of May and second day of October; of Greenbrier, on [the thirteenth day of May and the thirteenth day of October; act of Jan. 9, 1840, Sess. Acts 1839-40, c. 41, p. 41.] And the said counties shall compose the eleventh circuit. A court shall be held in and for the county of Fayette on [the thirty-first day of March and the thirty-first day of August; of Nicholas, on the seventh day of April and the seventh day of September; act of Jan. 15, 1838, c. 76, p. 66,] of Randolph, on [the fourth day of May and the fourth day of October; act of Jan. 7, 1840, c. 45, p. 43,] of Lewis, on the [eighteenth day of April and the eighteenth day of September; of Braxton, on the twelfth day of April and the twelfth day of September; act of March 20, 1837, Sess. Acts 1836-7, c. 60, p. 38,] of Harrison, on the [tenth day of May and the tenth day of October; Ibid.] and the said counties shall compose the eighteenth circuit. And the said seventeenth and eighteenth circuits shall compose the ninth district. 11. § 11. A court shall be held in and for the county of Wood on the first day of April and first day of September; of Jackson, on the tenth day of April and tenth day of September; of Mason, on the sixteenth day of April and sixteenth day of September; of Cabell, on the twenty-sixth day of April and twenty-sixth day of September; of Logan, on the sixth day of May and sixth day of October; of Kanawha, on the fourteenth day of May and fourteenth day of October; and the said counties shall compose the nineteenth Act of April 16, 1831, ch. 11. Sup. R. C. ch. 109. circuit. A court shall be held in and for the county of Preston on the first day of April and first day of September; of Monongalia, on the eighth day of April and eighth day of September; of Tyler, on the twenty-fourth day of April and twenty-fourth day of September; of Brooke, on the fourth day of May and fourth day of October; of Ohio, on the fourteenth day of May and fourteenth day of October; [of Marshall, on the twelfth day of May and the twelfth day of October; Act of Feb. 2, 1838, c. 77, p. 66;] and the said counties shall compose the twentieth circuit. And the said nineteenth and twentieth circuits shall compose the tenth district. 12. § 90. Whenever hereafter any new county shall be formed of one or more existing counties, such new county shall compose a part of the judicial circuit to which the county it shall be taken from, or the county from which the greater part of such new county shall be taken, may belong; and the time of holding the circuit superior courts throughout the whole of such circuit, shall, if necessary, be arranged anew, so as to provide for the due administration of justice in such new county. Jan. 23, 1802, c. 297, R. C. 13. § 15. The said superior courts of law and chancery shall be held by the judges of the general court, respectively, elected and assigned for and to the said circuits, respectively, each of whom shall be commissioned a judge of the general court, and judge of the superior courts of law and chancery of the circuit to and for which he shall be elected and assigned, and shall reside within the district of which his circuit forms a part.t 14. § 19. 20. Each judge of the circuit superior courts, besides the oaths required by law to be taken by him as a judge of the general court, shall take another oath as judge of the circuit superior courts of law and chancery, in the same form as that prescribed by law for a judge of the general court, substituting instead of the words, "judge of the general court," the words, "judge of the circuit superior courts of law and chancery," and adding after the words "according to law," the words "and according to equity and good conscience and the usages of Virginia." Which oaths may be taken before the governor, or the council, or any court of record, or any justice of the peace; and a certificate thereof being obtained, shall enable the said judge to do all the duties of his office, and to act as a general conservator of the peace throughout the commonwealth. Such certificate shall be recorded in the general court, or in the circuit superior court where such judge shall first sit. If any person, appointed a judge of the circuit superior courts of law and chancery, shall sit as a judge in the said circuit superior courts, without taking the oaths herein above required to be taken by such judge, such person so offending shall forfeit the sum of fifteen hundred dollars, to be recovered by action of debt or information, one half to the use of the commonwealth, for the benefit of the literary fund, and the other half to the use of the informer. Feb. 1, 1808-Jan. 1, 1809, c. 3, Ses. Acts 5, c. 120, ed. 1808; 1792, c. 66, R. C. 15. § 15. The judges of the said courts may, at any time, make an exchange with each other of the circuits to which they may be respectively assigned, by an arrangement made between any two of them: [evidenced by writing, signed by the judges making the same; and duplicates thereof shall be entered of record in the first courts held by them, respectively, in pursuance of such exchange, act of Jan. 28, 1832, Ses. Acts 1831-2, c. 50, p. 42; Sup. R. + Former common law judges, commissioned as judges of the general court only, and former judges of the chancery courts as chancellors, according to the constitution; 1 R. C. ch. 67, § 1; ch. 66, § 13, old constitution, § 14, p. 36, order of precedence and seniority, resolutions 1830-31, No. 1, Res. 5, p. 308. Duelling oath. See Sup. R. C. c. 228, § 3, p. 282. Act of April 16, 1831, ch. 11. Sup. R. C. ch. 109. C. c. 111, p. 173,] Provided, That such exchange shall not be for a longer period than one year. 16. § 12. Each of the said courts shall sit until the business thereof shall be dispatched, unless the judges holding the same shall sooner be compelled to leave the court, in order to arrive in time at the next succeeding court of the circuit. [The terms of the courts for James City and Williamsburg, shall continue as long as the judges may deem it necessary to hold the same, act of March 8, 1836, Ses. Acts 1835-6, c. 49, p. 36.] 17. § 13. If any of the aforesaid days, on which the said courts are directed to be held, happen to be Sunday, the court shall be held the next day. 18. § 21. If the judge shall not attend on the first day of the term of any of the said courts, such court shall stand adjourned from day to day until a court shall be formed, if that shall happen before four of the clock of the third day. If any of the said courts shall not sit in any term, or shall not continue to sit the whole term, or before the end of the term shall not have tried, heard and determined all the matters ready for decision, all suits and matters depending in court and undecided, shall stand continued to the next succeeding term. And if, from any cause, the court shall not sit on any day in a term after it shall have been opened, there shall be no discontinuance, but so soon as the cause is removed, the court shall proceed to business until the end of the term, if the business before it be not sooner dispatched. 19. 17. If from any cause the judge elected and assigned to any of the said circuits, shall fail to hold any of the courts of his circuit, or having attended, shall be prevented from sitting during the whole term, it shall be the duty of the said judge, or in case of his failure from any cause to do so, then of the other judge elected and assigned to the other circuit of the same district, to appoint special sessions of such court or courts; and in such case, the judge appointing such special sessions, shall issue his warrant to that purpose, under his hand and seal, directed to the clerks of such courts, respectively; who shall thereupon give notice thereof to the commonwealth's attorney, the other officers of such court, and any parties who may be charged in such court with any crime or offence; and shall issue all necessary process, returnable to such special session; which process, the sheriff or other officer, shall be bound to execute, and also to summon a grand jury and a venire, if necessary, in the same manner, and under the same regulations, as in the case of a regular term: Provided, That if such special session shall not be held, the failure to hold the same shall not operate as a discharge to any person or persons confined for, or charged with any criminal offence, or as a discontinuance of any civil cause pending in such court, but the same shall be continued over till the next regular term. It shall be the duty of the judge of the circuit, or in case he shall be unable from any cause to do so, of the judge of the other circuit of the same district, to hold such special sessions, for the trial of all causes, civil and criminal, which were depending and could lawfully have been tried, heard and determined, at the regular terms of such courts, respectively, and for the trial of all criminal causes, arising in such courts at any time before the commencement of such special sessions, provided such special sessions shall not exceed eight juridical days each. [Whenever the court of any county or corporation, in pursuance of the act passed on the second day of February, in the year of our lord, one thousand eight hundred and twenty-six, entitled " an act authorizing the county and corporation courts to appoint a place for holding courts in certain cases," shall have selected and appointed some other convenient and suitable place at or near + See Gibson v. The Commonwealth, 2 Virg. Cas. 111; Mendum v. The Commonwealth, 6 Rand. 704. |