and that the said four hundred and ninety six acres of land, with the appurtenances, and the slaves afore said, and the issue and descendants of them, so long as any of them shall be living, shall pass in descent, remainder and reversion, to such person and persons, for such estate and estates, and subject to the like limitations, as the said tract or parcel of land, called Barbers field, alias Barbers hills, is, and stands limited, by the last will and testament of the aforesaid John West. III. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, all such right, title, estate, interest, claim and demand, other than the persons claiming under the last will and testament of the said John West, as they, every or any of them, could or might claim if this act had never been made. IV. Provided always, That the execution of this act shall be, and is hereby suspended, until his majesty's approbation thereof shall be obtained. Signed by ROBErt Dinwiddie, Esq. Governor, JOHN ROBINSON, Speaker, GEORGII II, Regis, Angliæ, Scotiæ, Franciæ, et widdie, esq. At a General Assembly, begun and held at the College in the City of Williamsburg, Robert Dinon Thursday the twenty seventh day of Governor. February, in the twenty fifth year of the reign of our sovereign lord George II. by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, &c. and in the year of our Lord, 1752. And from thence continued by several prorogations, to Thursday the first day of November, in the 27th year of his majesty's reign, and in the year of our Lord 1758, and then held at the Capitol in the City of Williamsburg; being the second session of this Assembly. CHAP. I. An Act for reducing the several laws made for establishing the General Court, and for regulating and settling the proceedings therein, into one act of Assembly. I. FOR the regular determination of suits and con- Edit. 1769, troversies, and for erecting, constituting, and contin. p. 292. uing such courts as shall be competent and necessary to hear and determine all such causes as shall be brought before them; II. BE it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That at some one certain place, lawfully appointed, and at the time and times herein after directed, there shall be held one principal court of judicature, for this colony and dominion; which court shall be, and is hereby established by the name of the general court of Virginia; and shall consist of his majesty's governor or commander in chief, and council for the time being, any five of them to be a court, and they are Five of them hereby appointed and declared judges or justices, to hear and determine all suits and controversies which shall be depending in the said court. The general court of Virginia. Who shall be judges thereof. to be a court. The judges III. And be it further enacted by the authority aforeto be sworn. said, That every person who shall, from time to time, or at any time hereafter, accept the office of a judge or justice of the said court, before his entering upon, and executing the same, shall take the oaths appointed to be taken by act of parliament, and repeat and subscribe the test, and shall also take the following oaths, to wit: Their oath as judges of common law. The Oath of a Judge of the General Court. You shall swear, that you will well and truly serve our sovereign lord the king, and his people, in the office of a judge or justice of the general court of Virginia, and you shall not counsel, or assent to any thing which may turn to the hurt or disheriting of the king, by any way or colour, and you shall do equal law and execution of right to all the king's subjects, rich and poor, without having regard to any person: You shall not take by yourself, or by any other person, any gift or reward, of gold, silver, or any other thing, for any matter by you done, or to be done, by virtue of your oflice: You shall not take any fees, or other gratuity, of any person, great or small, except such salary as shall be by law appointed, or such salary as his majesty, his heirs or successors, shall think fit to allow you for your service: You shall not maintain, by yourself, or any other, privily or openly, any plea or quarrel, hanging in any of the king's courts: You shall not delay any person of com mon right, for the letters of the king, his governors The Oath of a Judge of the General Court in Chancery. As judges in You shall swear, that well and truly you will serve Chancery. our sovereign lord the king, and his people, in the office of a judge or justice of the general court of Virginia, in Chancery, and that you will do equal right to all manner of people, great and small, high and low, rich and poor, according to equity and good conscience, and the laws and usages of this colony and dominion of Virginia, without favour, affection, or partiality. So help you God. IV. And if any person whatsoever, shall presume to sit, or execute the said office, without first qualify- executing Penalty for ing himself as by this act required, he shall, for every this office such offence, be fined five hundred pounds current before sworn money, one moiety thereof to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, and the other moiety to the informer. in. V. And be it further enacted, by the authority afore- Jurisdiction said, That the said general court shall take cognizance of this courtof, and are hereby declared to have power and jurisdiction to hear and determine, all causes, matters, and things whatsoever, relating to, or concerning any person or persons, ecclesiastical or civil, or to any person or things, of what nature soever the same shall be, whether brought before them by original process, appeal from any inferior court, or by any other ways or means whatsoever. process nor VI. Provided always, That no person shall take No original original process, for the trial of any thing in the ge- But on penal neral court, of less value than ten pounds sterling, or laws, for less two thousand pounds of tobacco, on penalty of having than 101. ster. such suit dismissed, and the plaintiff being non-suited, or 20001. tob. and paying costs of suit. Except against county courts or vestries. General year. VII. Provided also, That any action may be commenced and maintained in the general court, by, or against the justices of any county court, or other inferior court, or the vestry of any parish, although the sum sued for shall not exceed ten pounds, or two thousand pounds of tobacco. VIII. And be it further enacted by the authority aforecourt to be said, That the said general court shall be held two held twice a times every year, to wit, one of the said courts shall begin upon the tenth day of April, if not Sunday, and then on the Monday thereafter, and shall continue to be held twenty four natural days, Sundays exclusive; and the other court shall begin upon the tenth day of October, if not Sunday, and then on the Monday thereafter, and shall also be held and continue twenty four natural days, Sundays exclusive. Rules of court for docketing causes. Court may adjourn. IX. And that the first five days of every general court be appointed for hearing and determining suits in chancery, appeals from decrees of the county courts, or other inferior courts, in chancery, and writs of supersedeas to such decrees, and that the other days be appointed for trying suits or prosecutions on behalf of his majesty, and all other matters depending in the said court. X. And that before every general court the clerk shall enter, in a particular docket for that purpose, all such causes, and those only, in which any issue is to be tried, writ of enquiry to be executed, special verdict, case agreed, or demurrer to be argued, and all causes set down for hearing, or argument in chancery, in the same order as they stand in course of proceedings, setting, as near as may be, an equal number of such causes to each day. XI. Provided always, That if the business of the said court should be ended in less time than the days herein before appointed for the judges or justices to sit, it shall be lawful for them to adjourn to the next succeeding general court. XII. And for the more regular prosecution and deRules of issu- termination of suits, or other processes in the said court, ing and re- Be it further enacted by the authority aforesaid, That all turns of pro- original process, either by writ, summons, or any cess. other manner or means, and all subsequent process thereupon, to bring any person or persons whatsoever, to answer in any action, real, personal, or mixed, suit, information, bill, or plaint, in the general court, |