GENERAL ASSEMBLY

Harrison esq.

Begun and held at the Public Build- Benjamin ings in the City of Richmond, on governor. Monday the eighteenth day of October in the year of our Lord one thousand seven hundred and eighty-four, and in the ninth year of the commonwealth.

CHAP. 1.*.

An act for the establishment of courts

of assize. t

[Chap. XLin original.]

Act for the establish.

I. FOR rendering the administration of justice more expeditious and convenient, as well as less burthensome ment of to individuals and to the commonwealth; Be it enacted courts of asby the General Assembly, That immediately after the size. first day of January, in the year of our Lord one thousand seven hundred and eighty six, the clerk of the general court shall make a fair transcript of the record in each and every suit depending in the said court, wherein an issue is to be tried or inquiry of damages to be made, and transmit the same to the clerks of the sev eral assizes, wherein such suits are to be tried, accord

*In the original the chapters are continued progressively from the May session, although the paging commen es ane In this edition, the chapters will commence with number 1, and the chapters in the original, placed in

This act never went into operation It suspended until the first day of January 1786. By act of 1786, ch 13, it was fur ther suspended, until the first day of January 1788, and by act of 1787, ch 16, it was repealed; but it was succeeded by the act of 1788, ch 67, establishing District Courts. The Circuit Courts were substituted for the district courts. See acts of 1807, ch. 3, and 1808, ch. 6. 17

When and where courts of assize to

be held

ing to the regulations herein after mentioned. For the trial of issues and inquiry of damages on the records so transmitted, there shall, in every year, be helden a Court of assize at the places and times following: the city of Richmond, on the first day of April, and on the first day of October; at the city of Williamsburg, on the thirteenth day of April, and on the thirteenth day of October; at Northumberland court-house, on the first day of April, and on the first day of October; at King and Queen court house, on the twentieth day of March, and on the twentieth day of September; at Fredericksburg, on the third day of May, and on the third day of November; at Winchester, on the tenth day of April, and on the tenth day of October; at Staunton, on the first day of April, and on the first day of October; at Charlottesville, on the thirteenth day of April, and on the thirteenth day of October; at Dumfries, on the twenty third day of April, and on the twenty third day of October; at Monongalia court-house, on the first day of May, and on the twenty-fifth day of September; at Washington court-house and Fort Chiswell, alternately, on the tenth day of May, and on the tenth day of October; at Suffolk, on the third day of May, and on the third day of November; at Petersburg, on the lands of Sarah Newsum, which she has ceded to the corporation of Petersburg for the purpose of erecting their public buildings, on the twenty third day of April, and on the twenty third day of October; at Brunswick court-house, on the thirteenth day of April, and on the thirteenth day of October; at Prince Ed ward court-house, on the tenth day of April, and on the tenth day of October; at Bedford court-house, on the twenty third day of April, and on the twenty third day of October; and at Accomack court house, on the twenty third day of April, and on the twenty third day of October; and if any of the said several days shall happen to be Sunday, then the said courts of assize shall respectively, as the case may happen, begin on the suc ceeding day, and shall continue to sit until the business depending before the court shall be ended, or so much thereof as can be finished before it shall be necessary In suits de- for the judges to proceed to the next assize. In all pending in suits or actions at common law, whether real, personal, real, personal, the general court, issues or mixed, which shall be depending in the general to be tried at court on the said first day of January, in the year of

ges

ech court of

our Lord one thousand seven hundred and eighty sis, the assizes, or which shall thereafter be instituted in the said accordingly court, as the venue wherein the venue is or shall be laid in either of the is laid, counties of Henrico, Hanover, Chesterfield, Goochland, of Powhatan, the issues shall be tried and the inquiry Counties asof damages be made at the court of assize to be held at signed to the city of Richmond; if the venue is or shall be laid in assize. either of the counties of James city, Charles, city, NewKent, Surry, Gloucester, York, Warwick, or Elizabeth city, the issues shall be tried and the inquiry of damabe made in the said court of assize to be held at the city of Williamsburg; if the venue is or shall be laid in either of the counties of Richmond, Westmoreland, Lancaster, or Northumberland, the issues shall be tried and the inquiry of damages made at the said court of assize to be held at Northumberland court-house; if the venue is or shall be laid in either of the counties of Essex, Middlesex, King and Queen, or King William, the issues shall be tried and the inquiry of damages made at the said court of assize to be held at King and Queen court house; if the venue is or shall be laid in either of the counties of Spotsylvania, Caroline, King George, Stafford, Orange, or Culpeper, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Fredericksburg; if the venue is or shall be laid in either of the counties of Frederick, Berkeley, Hampshire, or Shenandoah, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Winchester; if the venue is or shall be laid in either of the counties of Augusta, Rockbridge, Rockingham, or Greenbrier, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Staunton; if the venue is or shall be laid in either of the counties of Albemarle, Louisa, Fluvanna, or Amherst, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Charlottesville; if the venue is or shall be laid in either of the counties of Fairfax, Fauquier, Loudoun, or Prince William, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Dumfries; if the venue is or shall be laid in either of the counties of Harrison, Yohogania, Monongalia, or Ohio, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Monongalia court-house; if the

venue is or shall be laid in either of the counties of Montgomery or Washington, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Washington court-house and Fort Chiswell, alternately; if the venue is or shall be laid in either of the counties of Norfolk, Isle of Wight, Prin cess Anne, Nansemond, or Southampton, the issues shall be tried and the inquiry of damages be made at the said court t of assize to be held at Suffolk; if the venue is or shall be laid infeither of the counties of Prince George, Sussex, Dinwiddie, or Amelia, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Petersburg; if the venue is or shall be laid in either of the counties of Brunswick, Greensville, Lunenburg, or Mecklenburg, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Brunswick courthouse; if the venue is or shall be laid in either of the counties of Prince Edward, Buckingham, Charlotte, Halifax, or Cumberland, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Prince Edward court-house; if the venue is or shall be laid in either of the counties of Bedford, Botetourt, Campbell, Pittsylvania, or Henry, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Bedford court house; if the venue is or shall be laid in either of the counties of Accomack or Northampton, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Accomack court-house. To avoid improper trials by the management of the plaintiff, or the attorney for the plaintiff, the venue in transitory actions shall be laid in the county where the defendant is arrested, or where an attachment to force his appearance is levied. but may be changed by diWhat judges rection of the court upon good cause shewn. Previous sizes, and how to the holding the courts of assize, the court of appeals shall allot and regulate among themselves the court or courts of assize, at each of which two of the judges of the said court of appeals shall attend; which two judges, or in case of failure in either through sickness or other cause to attend, the other of them shall have full power to try all issues, and inquire of damages by a jury upon all records to be transmitted to them by the clerk of the general court, and therein to determine all ques

Venue, in transitory ac tions, where laid.

to attend as

allotted.

Juries.