Terms. bunal, shall be holden twice in every year, namely, on the twenty ninth, or when that shall happen to be Sunday, on the thirtieth day of March and August, and shall sit in the whole, six judicial days successively each time (unless the business depending before them be sooner dispatched) at the capitol in Williamsburg, or at such other place as shall be appointed by the general assembly, or in their recess, by the governour, with advice of the privy council, in any such emergency as will make the adjournment of any other Of what jud- court by his writ lawful. The judges of the high court. ges constitu- of chancery, general court, and court of admiralty, shall be judges of the court of appeals, of whom the Precedence first shall take precedence, and the second be next in of judges. rank, and five of them shall be a sufficient number to constitute the court. Every judge before he exercise ted. ges. this office, shall in that court openly give assurance of fidelity to the commonwealth, and take this oath: Oath of jud. "You shall swear that you will well and truly serve this commonwealth in the office of a judge of the court of appeals, and that you will do equal right to all manner of people, great and small, high and low, rich and poor, without respect of persons. You shall not take by yourself, or by any other, any gift, fee, or reward of gold, silver, or any other thing, directly or indirectly of any person or persons great or small, for any matter done or to be done by virtue of your office, except such fees or salary as shall be by law appointed. You shall not maintain by yourself or any other, privily or openly, any plea or quarrel depending in the courts of this commonwealth. You shall not delay any person of right for the letters or request of any person, nor for any other cause; and if any letter or request come to you, contrary to the law, you shall nothing do for such letter or request, but you shall proceed to do the law; any such letter or request notwithstanding. And finally in all things belonging to your said office, during your continuance therein, you shall faithfully, justly, and truly, according to the best of your skill and judgment, do equal and impartial Jurisdiction. justice, without fraud, favour, or affection." This court shall have jurisdiction, not only in suits origi nating there and adjourned thither for trials by virtue of any statute, which trials shall be by juries according to the course of law, but also in such as shall be brought before them by appeals and writs of errour to reverse decrees of the high court of chancery, judgments of the general court, and sentences of the court of admiralty; after those decisions shall be final there, if the matter in controversy be equal in value, exclusive of costs, to fifty pounds, or be a freehold or franchise; and also in such cases as shall be removed before them by adjournment from the other courts before mentioned, when questions, in their opinion, new and difficult occur; and moreover in such, wherein appeals to reverse decrees and judgments of the former general court, and sentences of the court of vice admiralty, as had not been determined, the one by the king of Great Britain in his privy council, the other by the high court of admiralty of Great Britain, before the fifteenth day of April, one thousand seven hundred and seventy six. The court shall appoint a clerk, tipstaff, Clerk, tip. and crier, the first removable for misbehaviour, the staff, and two others at pleasure, and shall be attended by the Sheriff to atsheriff of the county in which they sit, as their officer. tend. The party desiring to prosecute such appeal or writ Appeals, of errour, shall proceed in like manner, and shall be writs of erliable to like damages if the decree, judgment, or sen- prosecuted, tence be affirmed; and the said clerk shall issue the like process for summoning the adverse party, removing the records, suspending execution, and for every other requisite purpose, making those alterations in the form which are necessary to adapt it to the case, as are prescribed and ascertained in case of an appeal or writ of errour to reverse the decree, sentence, or judgment of a county, city, or borough court; and such prosecution shall be commenced within the time limited in the case last mentioned, unless it be such ap peal to the said king or high court of admiralty, in which instance the prosecution shall be cominenecd within twelve months after the first session of the said crier. ror, &c. how court of appeals shall be ended. The said clerk shall Duty of earefully preserve the transcripts of records certified clerks, as to to his court, with the bonds for prosecution, and all records, bonds, &c. papers relative to them, and other suits depending therein, docketing them in the order he shall receive Docketting them, that they may be heard in the same course, un- causes. less the court for good cause to them shewn, direct any to be heard out of its turn; and shall faithfully record their proceedings and decisions, and certify such as shall be given upon appeals, writs of errour, and mat ters removed by adjournment to the proper courts. A Statements clear and concise state of the case of each party in of cases. such appeal, writ of errour, or controversy adjourned by reason of novelty and difficulty, with the points intended to be insisted upon, signed by his counsel and printed, the expence whereof shall be taxed in the bill of costs, shall be delivered to every judge time enough before the hearing for his consideration; but the court, if this be neglected, may nevertheless hear and determine the matter, and may take into their consideration any thing apparent in the manuscript record, although it be omitted in such printed case, and may give such decree, judgment, or sentence, if it be not affirmed or reversed in the whole, as the court whose errour is sought to be corrected, ought to have given (affirming in those cases where the voices on both sides shall Decisions, be equal, with an allowance of the costs of appeal) to the party prevailing, to be certified as well as their opinion upon any adjourned question to the court, from which the matter was removed, who shall enter it as their own, and award execution thereupon accordingly. So much of a former act of assembly constituting a court of appeals, as comes within the perview of this act, is hereby repealed. how certifi ed. Repealing clause. Personal property of those join ing the ene my, how secured. CHAP. XXIII. An act to secure the moveable property of those who have joined, or here: after may join the enemy. WHEREAS during the present war, particularly in the late invasion, many persons have left this commonwealth and gone off with the enemy, some of whom have left many articles of moveable property behind them; that such property therefore may be immediately secured, Be it enacted by the General Assembly, That the governour, with the advice of the council, is. hereby empowered and required to appoint a person in each county within this commonwealth, wherein it may be necessary, to inquire into and secure all the slaves and other moveable property of all such persons as already have, or hereafter may depart and join the enemy, until the same can be proceeded in according to law. And that after office found, such moveable property when secured, shall be disposed of by the es cheator of the county according to law. When disposed of, by escheator. CHAP. XXIV. Bills of 1779, An act for punishing persons guilty (See Revised of certain thefts and forgeries, and chap. LXV. fixing the allowance to sheriffs, ve- also Chan, niremen, and witnesses, in certain cases. Rev. p. 102.] Stealing, ar taking by robbery,certain bills of credit, trea sury notes, certificates, BE it enacted by the General Assembly, That he or she shall be adjudged a felon and not have the benefit of clergy, who shall steal, or by robbery take from the possession or custody of another, any bill of credit or treasury note, or loan office certificate of the United States, or any of them, or any warrant of the gover- or warrants, nour or other person exercising that function, or any felony withcertificate of the auditors for publick accounts to the out clergy. treasurer, authorising the payment of money, or shall present, or cause to be presented, such loan office certificate at a loan office of the United States, or any of them, for the discharge of the whole or any part thereof, or such warrant or auditors certificate at the publick treasury for the payment thereof, knowing such loan office certificate or warrant, or auditors certificate to have been stolen, or by robbery taken from the possession or custody of another. And he or she shall be adjudged a felon and not have the benefit of clergy, who shall falsely make, forge, or counterfeit, or aid or assist in falsely making, forging, or counterfeiting a writing, signed and directed, or certified to the pub Forging or counterfeit ing certain warrants, treasury notes, &c. felony with out clergy lick treasurer, purporting to be a warrant of the governour, or other person exercising that function, or a certificate of the auditors for publick accounts to authorize the payment of money; or cause or procure such writing to be falsely made, forged, or counterfeited; or present such writing, or cause or procure it to be presented at the publick treasury, knowing it to have been falsely made, forged, or counterfeited, in order to receive the money, or any part of the money therein mentioned; or shall falsely make, forge, or counterfeit, or aid or assist in falsely making, forging, or counterfeiting, a writing to be offered to the auditors for pnblick accounts as a voucher, in order to obtain their allowance of a demand, and certificate of such allowance; or cause or procure such writing to be falsely made, forged, or counterfeited, or offer such writing, or cause or procure it to be offered to the said auditors, knowing it to have been falsely made, forged, or counterfeited, in order to obtain their allowance and certificate aforesaid. And he or she shall be adjudged a felon and not have the benefit of clergy, who shall forge or counterfeit, alter or erase, any bill of credit or treasury note, or loan office certificate of the United States of America, or any or either of them; or shall cause or procure such bill of credit or treasury note or loan office certificate to be forged or counterfeited, altered or erased; or shall aid or assist in forging or counterfeiting, altering or erasing such bill of credit or treasury note, or loan office certificate; or shall pass or tender, or shall cause or procure to be passed or tendered any such bill of credit or treasury note, or loan office certificate in payment or exchange, knowing the same to have been forged or counterfeitHaving in ed, altered or erased; or shall have in his or her custopossession, dy or possession, any press, types, stamp, plate, or for forging other instrument necessary to be used in the fabricaor counter- tion of such bill of credit or treasury note,, or loan of feiting. fice certificate, and not actually used in some publick printing office; or any paper with or without signature, on which the characters, words, and numerical figures contained in a genuine bill of credit or treasury note, or loan office certificate, are or shall be impressed or inscribed in like order as they are in such bill of cre dit or treasury note, or loan office certificate, or any such bill of credit, treasury note, or loan office certifi Instruments |