Act of April 16, 1831, ch. 11. Sup. R. C. ch. 109. the courthouse, at which the superior and inferior courts thereof shall be holden, the circuit superior court of law and chancery for such county and corporation shall be holden at the same place, in like manner as is thereby provided in relation to the superior and inferior courts. If for any cause it be impracticable for the circuit superior court of law and chancery to hold its sessions in the courthouse of any county or corporation, or other place designated by the act of the sixteenth of April, one thousand eight hundred and thirtyone, establishing the circuit superior courts of law and chancery, and some other suitable and convenient place shall not have been selected and appointed by the court of the county or corporation, pursuant to the act of the second of February, one thousand eight hundred and twenty-six, before mentioned, it shall be lawful for the judge of the said court to select and appoint some convenient and suitable place within the said county or corporation, at which the circuit superior court of law and chancery shall be holden, until it be practicable to hold its sessions at the courthouse of the county or corporation, or the court of such county or corporation shall have selected and appointed a suitable and convenient place, act of Dec. 13, 1833, Ses. Acts 1833-4, c. 44, p. 67.] 20. § 60. The judges of any circuit superior court, at the end of any term, when the same may be necessary, may, and they are hereby authorized and required, to adjourn said court to such day in the recess as to them may seem most convenient to the suitors in said court; and agreeably to such adjournment, an intermediate term not exceeding twelve juridical days shall be held by the judge of the circuit for the trial of all causes, civil and criminal, which were depending, and could lawfully have been tried, but had not been tried at the term from which such intermediate term had been adjourned: Provided, That such intermediate term shall not in any wise interfere with the quarterly court of the county for which such intermediate court is to be held. [All intermediate terms of the circuit superior courts of law and chancery, including those which may have been heretofore appointed to be held, and have not yet commenced or expired, shall and may be continued and held for so long a period as the judges thereof, respectively, shall think proper, any law to the contrary notwithstanding, act of Jan. 16, 1838, c. 65, p. 62.] 21. 61. The circuit superior courts, at their intermediate terms, may hear and determine all motions cognizable by them, whether the same were depending, and could have been tried at the preceding term or not. 22. 45. Whenever it shall happen that any term of the circuit superior courts of law and chancery, to be held in any county or corporation, shall, from any cause not be held, and previously to such term, any person shall have been imprisoned in the jail of such court, or let to bail, charged with any crime or offence, punishable with loss of life, or by imprisonment in the jail and penitentiary-house, or any other imprisonment, it shall be the duty of the judge. of the circuit to appoint a special session of such court for the trial of such offence or offences; who in such case shall issue his warrant under his hand and seal, directed to the clerk of the court, who shall thereupon give notice to the commonwealth's attorney, the other officers of the said court, and the party charged, and shall issue all necessary process, returnable to such special session, which process the sheriff of the county shall be bound to execute, as also to summon a grand jury, together with a venire, to attend the said special court, under the same limitations and restrictions as in the case of a regular court in course: Provided however, That in case the judge of the circuit shall fail to attend such special court, or from any other cause, the court shall not be held, such failure shall not operate as a discharge to any person or persons confined or charged with the commission of any criminal offence whatso Act of April 16, 1831, ch. 11. Sup. R. C. ch. 109. ever. And such special court shall have all the power and authority which a stated court now hath or may have. Dec. 3, 1814, c. 30. 23. § 89. The executive shall procure a seal for each of the said circuit superior courts of law and chancery, the expense whereof shall be paid by order of the executive, and upon warrant of the auditor, out of any money in the treasury not otherwise appropriated. 24. § 82. One of the twenty judges of the superior courts shall by joint resolution of the two houses of the general assembly, be assigned to each of the circuits hereby established, for the purpose of holding a special term of the circuit superior courts hereby ordained and established, in each and every county and corporation of the circuit to which such judge shall be so assigned: and the judge so assigned to each circuit, shall at some time between the first day of May, and the fifteenth day of June next after the passing of this act, hold a special term of each circuit superior court within such circuit, for the purpose of appointing some fit and competent person to be clerk thereof, to enter upon the duties of his office on the said fifteenth day of June next. The clerks so appointed, respectively, shall in open court, in addition to the oath of fidelity to the commonwealth, the oath to support the constitution of the United States, and any other oath or oaths which are or may be required by law to be taken by such public officers, take an oath of office well and truly to exercise the office of clerk of the circuit superior court of law and chancery of the county or corporation for which he shall be so appointed, in the form of the oath now prescribed by law to be taken by a clerk of a county court. And the said clerks shall also severally enter into bond with one or more sufficient sureties to be approved by the court, in the penalty of ten thousand dollars, conditioned for the faithful performance of all the duties of the office during their continuance therein; which bonds being acknowledged by the said clerks respectively, and their respective sureties, in open court, or proved by two witnesses, shall, together with a certificate of such acknowledgment or proof, be entered of record in the order-book of the said court. Act of March 8, 1819-January 1, 1820. R. C. ch. 69. 25. 50. The bond so executed may be put in suit from time to time as often as need be, for the benefit, and at the costs of any person or persons, body politic or corporate, who shall be aggrieved by the nonfeasance, misfeasance or malfeasance of the clerk, until the whole penalty shall be recovered and levied. Dec'r 27, 1814, c. 31. 26. 51. If any person, so appointed clerk, shall presume to execute any of the duties of the office before he shall be fully authorized by the provisions of this act, or shall fail to have recorded, as soon as practicable, the said bond [with a certificate of such acknowledgment or proof,] he shall forfeit and pay to the commonwealth, for the benefit of the literary fund, a fine of not less than one hundred nor more than five hundred dollars. Ibid. Act of April 16, 1831, Ses. Acts 1830-31, ch. 11. Sup. R. C. ch. 109. 27. § 83. The clerks so to be appointed, shall, as soon as they can after their appointment, procure the necessary books for their respective courts, that is to say: two sets of books, one for the court as a court of chancery, and the other for the court as a court of common law, and for other matters; and their accounts of the expense thereof, being produced to the respective courts, at the first term thereof, examined, corrected and allowed by them, shall be certified to the auditor of public accounts, and paid out of any money in the treasury not otherwise appropriated. Act of April 16, 1831, Ses. Acts 1830-31, ch. 11. Sup. R. C. ch. 109. 28. § 84. Whenever, after the first appointment made in manner aforesaid, any vacancy shall occur in the office of any clerk of any of the said circuit superior courts, by the death, resignation, ouster from office, or expiration of the term of office of the clerk, if such vacancy shall occur in term, the court shall proceed forthwith to appoint another fit and competent person to the office, who shall thereupon take such oaths and give such official bond with surety, as are herein above required to be taken and given by the clerks first appointed in manner before provided; and if such vacancy shall occur in vacation, the judge of the circuit shall, by commission under his hand and seal, appoint some fit and competent person to be clerk pro tempore, until the next term of the court shall be held; at which term, the court shall appoint some fit and competent person to be clerk of the said court, who shall thereupon take such oaths, and give such official bond with surety, as are herein above required to be taken and given by the clerks first appointed in manner before provided. 29. § 85. In case of any clerk of any of the said circuit superior courts dying, resigning or being ousted of his office, or of the term of such clerk expiring, and a rule-day, or rule-days having passed by before the appointment and qualification of a successor, no discontinuance shall take place; but all the causes on the rule-docket, shall stand continued, until the rule-day after the new clerk shall be appointed; and all process issued before but not returnable till after such vacancy, shall be returnable to the said rule-day. 30. § 86. The clerks of the said circuit superior courts, shall have power to appoint deputies, with the approbation of their several courts, who shall be qualified as the deputies of the county court clerks are usually qualified: and thereupon, such deputies shall have full power and authority to do and perform all the several acts and duties enjoined upon their principals. 31. § 87. The clerks of the said circuit superior courts, shall reside within the respective counties or corporations, in and for which the courts are respectively held, and shall keep their offices at the courthouse of the respective counties and corporations wherein they shall or may be clerks: Provided, That any clerk may be allowed, with the approbation of such courts, entered of record, to reside at some convenient place out of their respective counties or corporations: And provided, That in all cases where offices have not been, or shall not be provided for the clerks of the said courts, such clerk may keep the records and papers thereof, at such places as the said courts shall think fit and convenient, and so enter of record, and that the clerk's office of the circuit superior court of the county of James City, shall, unless the court shall otherwise direct, be kept in the former capitol in the city of Williamsburg. 32. 88. During the unavoidable absence of the principal clerk and his deputies, if any he have, the court may appoint a clerk pro tempore, who, after taking the necessary oaths of his office, shall be competent and authorized to perform the office of a clerk, and during his continuance therein, shall be entitled to all the fees thereof. Act of February 17, 1834, Ses. Acts 1833-4, ch. 51, p. 71. 33. § 1. Hereafter, the court of every county within this commonwealth, where no office shall have been erected, shall cause to be provided or erected, and kept in repair, (or where the same shall be provided or erected already, shall maintain and keep in good repair,) at the courthouse of each respective county, or within convenient distance of the same, and at the charge of such county, a suitable and secure building of stone or brick, for the office of the clerk of the circuit superior court of law and chancery, for such county; and may for that purpose purchase one acre of land, the fee simple whereof, when purchased, is hereby declared to be in the court of the same county, and their Act of February 17, 1834, Ses. Acts 1833-4, ch. 51, p. 71. successors, to the use of such county, and for no other use whatsoever: Provided, That no county court shall be compelled to erect such an office for the clerk of the circuit superior court of law and chancery for such county where already the office of the county court may be sufficient for both offices: Provided however, and be it further enacted, That it shall not be lawful for the justices of any county court to make an order for the erection of any such building as aforesaid, unless a majority of the acting justices of such court shall be present at the time of making such order, or unless such court shall have entered on record at a preceding term, their intention of making such order, and caused the sheriff or other public officer to summon the justices thereof to attend at the next court for the purpose aforesaid. Clerks' Fees. See ante, tit. FEES, No. 6. Act of March 8, 1819-January 1, 1820. R. C. ch. 69. 34. § 27. It shall not be lawful for any clerk of a superior court of law to exercise the office of a justice of the peace, and any clerk so offending, shall be subject to the same penalties, to be recovered and applied in like manner with those incurred by persons presuming to act as magistrates without first qualifying as the law directs. Jan. 12—June 1, 1798, č. 233, R. C. Act of April 16, 1831, Ses. Acts 1830-31, ch. 11. Sup. R. C. ch. 109. 35. 71. All process of the said circuit superior courts of every nature and kind, original, mesne or final, and as well in chancery as at law, shall be issued to the sheriff of any county, or to the serjeant of any corporation, or other proper officer of the county or corporation wherein the same is required to be executed or served, and the same shall be by him duly executed or served and returned. Act of March 21, 1836, Ses. Acts 1835-6, ch. 45. 36. 2. In all decrees hereafter rendered in any of the courts of this commonwealth, in which no special commissioner shall be appointed to carry the same into effect, the sheriff or coroner of the county, or serjeant of the corporation, in which such decree may be rendered, shall execute the same according to the directions thereof; and for all moneys received by such sheriff, coroner or serjeant, or either of them, by virtue of any such decree, they and their securities respectively, on failure to pay over and account for the same as required by law, or directed by the said decree, shall be liable and subject to the same fines, penalties and recovery, as is now authorized by law against sheriffs, coroners and serjeants for failure to return executions, or to pay over money made by them thereon. And the sheriff, coroner or serjeant, shall have the same remedy against their deputies and their securities respectively, as they now have in case of failure to return executions, or to pay over money made by them thereon: Provided nevertheless, That nothing herein contained shall be so construed as to prevent the courts of chancery from enforcing their decrees in the manner now authorized by law. Act of April 16, 1831, Ses. Acts 1830-31, ch. 11. Sup. R. C. ch. 109. 37. 72. If such officer, to whom such process shall be delivered, shall neglect or fail duly to execute, or serve and return any such process to him delivered, according to the precept thereof, or shall make a false return thereupon, he shall, for such neglect or failure, or for such false return, be liable to the same pains and penalties, and the same proceedings may be had against Act of April 16, 1831, Ses. Acts 1830-31, ch. 11. Sup. R. C. ch. 109. him, as are now imposed and provided by law, in the case of such officer failing or neglecting duly to execute, or serve and return, or making a false return of the same or similar process. 38.73. The clerk of each circuit superior court of law and chancery, shall keep process-books, wherein he shall regularly note all process issued by him, original, mesne or final, and all orders and decrees, which he shall issue, to be served on parties to the causes, or other matters pending in the court; the dates and return days thereof; the time of issuing the same from the office, and the person to whom delivered, or to whom transmitted. He shall take a receipt in his said process-books from the sheriff of the county, or serjeant of the corporation, or other officer of the county or corporation, in and for which the court is held, for all process, orders or decrees to him delivered to be executed or served. And all process, orders and decrees, intended to be executed or served in other counties or corporations, unless it be otherwise directed by the party or his attorney, shall be sent by the clerk, by mail, postage paid by him, to the sheriff, serjeant, or other proper officer of the county or corporation within which the same are to be executed or served; and the fact and date of such transmission thereof by mail, shall be noted by him in the process-books. Such sheriff, serjeant, or other officer, also, when he shall have executed or served such process, decrees or orders, may, if he can find no other safe and prompt conveyance, return the same by mail to the clerk, noting the contents on the envelope; and the clerk shall take such packages containing such process, decrees or orders, out of the post office, paying the postage thereupon charged. The clerk shall keep a regular account of all postage so by him paid, and shall be allowed to charge thirtythree and a third per centum thereon for his trouble; which account he shall lay before the court from time to time, at intervals not exceeding twelve months; and such accounts being distinctly made out by him, and verified by his oath or affirmation, if deemed correct by the court, shall be allowed, and ordered to be paid by the parties chargeable therewith. The entry to that effect on the order-book, shall be deemed notice to all parties concerned: and if any person or persons shall fail to pay the sum with which such person or persons stand so charged, within sixty days, the clerk may issue an execution against such person or persons, and his or their surety, for costs, if such surety there be, for such sum so charged to him or them, and allowed by the court, and the costs of the execution: Provided, That the clerk may in open court, or at the rules, enter a rule requiring security of any party or parties, for whom such postage is to be by him paid and advanced, for the reimbursement of the amount thereof to him, with thirty-three and a third per centum thereon as aforesaid; and if, upon such rule made, the party or parties shall fail or refuse to give such security, on or before the rule day next ensuing, the clerk shall be exempt from the duty of paying and advancing such postage. 39. § 74. In all proceedings against any sheriff, serjeant or other officer, for failing to return any process, order or decree, proof that such process, order or decree, was put into the post office, duly addressed to him, and that the postage thereon was paid, shall be sufficient evidence of the receipt thereof by the sheriff, serjeant or other officer, unless he make oath or affirmation, that he did not himself receive it, and that he verily believes it was not received by any of his deputies. Act of March 8, 1819-January 1, 1820. R. C. ch. 69. 40. § 40. The sheriff of the county, in which any circuit court shall sit, shall execute all judgments rendered by such court in any criminal case: Provided, Such judgments are by law to be executed in the said county; and shall, in all respects, act as sheriff of the said court. 1792, c. 66, R. C. |