and all attachments awarded by the said court at the common law; and all subpoenas, and other process in chancery, shall be sued out, and issued from the secretary's office, returnable on the respective days herein after directed, and shall bear teste by the governor or commander in chief for the time being, and be signed by the clerk of the said court, and may be executed at any time before the day of the return thereof; and all such writs and process shall be returnable to the next succeeding general court, on the several days following, to wit, all writs and other process at the common law, shall be returnable to the eighth or twenty third day of the next general court; subpoenas, and all other process in chancery, to the first, or twenty third day; process at the suit of his majesty, on criminal prosecutions, to the sixth day; process on petitions for lapsed land, to the seventh day; and on no other days or times whatsoever: And all such writs or process which shall be made returnable on any other days or times, shall be null and void; and if any writ or process shall be executed so late, that the sheriff hath not reasonable time to return the same, before the day of appearance herein after limited, and thereupon an alias or pluries capias, attachment, or other process shall be awarded, the sheriff shall not execute such subsequent process, but shall return the first process by him executed, and thereupon the plaintiff shall declare and use the same proceedings, as herein after directed, and as if such writ or process had been returned to the secretary's office, on or before the day of appearance, limited for the return thereof.

XIII. And that all appeals from decrees in chance- Appeals. ry, obtained in any county court, or other inferior court, shall be made to the third day of the next general court; and all appeals from judgments of any of the said courts in suits at common law, shall be to the respective days following, to wit, from the county courts of Henrico, Chesterfield, Prince-George, Dinwiddie, Surry, Isle of Wight, Southampton, Nansemond, Norfolk, Princess Ann, Albemarle, Amelia, Brunswick, Goochland, Cumberland, Halifax, and Lunenburg, to the eighth day; James-City, Charles City, New-Kent, Warwick, Elizabeth City, York, Hanover, and Louisa, to the ninth day; Gloucester, King-William, King and Queen, Middlesex, Essex, RR-VOL. 6.

Caroline, Augusta, Spotsylvania, and Orange, to the tenth day; Richmond, Westmoreland, Northumberland, Stafford, Lancaster, Fairfax, Frederick, KingGeorge, Culpeper, and Prince-William, to the eleventh day; Accomack, and Northampton to the twelfth day of the next succeeding general court, and no appeal shall be admitted on any other day: Appeals from such judgments of any corporation court, shall be to the same day as appeals from the county wherein such corporation is; and that all writs of error, superse· deas, and Certiorari, shall be returnable to the same ror. Super. days respectively, as appeals from judgments at the sedeas. Cer- Court of that county to which such writ or writs shall be directed; and the clerk of the court is hereby required to regulate the docket accordingly, proportioning the suits and causes to such of the said days, as will be most convenient.

Writs of er

tiorari.

Process

against a Coucillor.

1

Of a sheriff.

XIV. And be it further enacted, by the authority aforesaid, That if any action, or other process, shall be commenced and prosecuted against any person, being a member of his majesty's council of state, within this dominion, then instead of other process, which might be legally taken in like case against any other person, the clerk of the general court shall issue a summons, directed to the sheriff of the county where such councillor usually resides, reciting the matter or cause charged against him, and summoning him to appear and answer the same, upon such a certain day of the next general court, as shall be therein mentioned; and if such councillor shall not appear at the day, according to such summons, it shall be lawful for the court to award an attachment against the estate of such councillor, so failing to appear, and thereafter the proceedings in such cases, shall be in the same manner as upon the sheriff's returning non est inventus, upon any ordinary process; and in like manner process against the sheriff of any county, shall be issued and directed to any coroner of the county where such sheriff resides, and thereupon the like proceedings shall be had against him, as are herein before directed, concerning a councillor: And if any councillor, or sheriff, shall fail to answer process in chancery one or more distringas shall thereupon issue, to compel such defendant to answer.

XV. And be it further enacted, by the authority aforesaid, That when any writ shall issue whereby the

GEORGE

actions,

sheriff is commanded to take the body of any person Appearance or persons, to answer unto any plaintiff or plaintiffs, in personal in the general court, in any personal action, and no where no debt or damages shall be mentioned in such writ, or bail is requir if bail shall not be by law requirable; in every or any ed. such case, the sheriff to whom such writ shall be directed, may take the engagement of any attorney, practising in the general court, under his hand, endorsed upon such writ, that he will appear, or cause an ap pearance to be entered for the defendant, or defendants, within named, according to the return of the said writ: And such appearance shall be accordingly entered with the clerk of the court, in the secretary's office; on the second day after the end of the general court, to which such process shall be returnable; which said second day after the end of every general court, shall be accounted, deemed, and taken, and is hereby declared to be the day of appearance, to all process at the common law, or in chancery, returnable to any day of the court next preceeding; and if Attorney enany attorney, or other person practising as an attor. gaging to appear and ney, so engaging to enter, or cause an appearance to failing for be entered, shall fail so to do, he shall forfeit and pay feits 50s. to the plaintiff or plaintiffs, fifty shillings current money, for which judgment shall be immediately entered, and the plaintiff may take execution thereupon, by Capias ad Satisfaciendum, or Fieri Facias.

XVI. And be it further enacted, by the authority afore- Where bail said, That upon executing any process, whereupon shall be rebail shall be requirable, the sheriff shall return there- quirable. with the names of the bail by him taken, and a copy

of the bail bond, to the secretary's office, before the day of appearance; and if the defendant shall fail to In what case the bail, or appear accordingly, or shall not give special bail, be- sheriff' shall ing ruled thereto by the court, the bail so returned be liable. shall be subject to the same judgment, and recovery, and have the same liberty of defence, as the defendant might have, or be subject to, if he had appeared, and given special bail; and if the sheriff shall not return bail, and a copy of the bail-bond, or the bail so returned shall be judged insufficient by the court, or the defendant shall fail to give special bail, being ruled thereto by the court, then judgment shall be given against the sheriff, in the same manner, and with the same condition, as against the bail: And if the sheriff depart this life, before judgment be confirmed

Sheriff's re

the bail is judged insufficient.

against him, in such case it shall be lawful to confirm such judgment against the executors, or administrators, of such sheriff; and if there shall not be any probat or administration granted, then it shall be lawful to confirm the judgment against the estate of such deceased sheriff; and a writ of Fieri Facias shall and may issue, to seise and levy so much of his goods and chattels, as will satisfy the judgment, and every part thereof.

XVII Provided always, That the plaintiff shall medy where object to the sufficiency of the bail, during the sitting of the general court, to which the writ is returnable, and at no time after; and no judgment shall be entered against the sheriff, where bail is returned, unless such bail shall be adjudged insufficient by the judges of the general court, at the time aforesaid; and where the bail shall be adjudged insufficient, and judgment shall be given against the defendant and sheriff, the sheriff shall have the same remedy against the estate of such bail, as he may have against the defendant's estate.

defendant

and sheriff

or bail, may be set aside.

Where judgXVIII. Provided also, That every interlocutory or ment against final judgment, against any defendant and the sheriff, or against any defendant and the bail, returned by the sheriff, entered or obtained before any general court, next ensuing the return of the writ upon which such defendant was arrested, shall be set aside, if the defendant upon the eighth day of the court next ensuing the return, as aforesaid, shall be allowed to appear without bail, or shall put in good bail, and plead to Remedy for issue immediately.

sheriff or bail XIX. And be it further enacted by the authority aforewhere judg- said, That in every case, where judgment shall be ment is con- confirmed against any defendant or defendants, and against them the bail, or against any defendant or defendants, and

fimed

the sheriff, or against his executors or administrators, or against his estute, as aforesaid, it shall and may be lawful for the court, where such judgment shall be confirmed, upon motion of such bail or sheriff, or his executors or administrators, or of any other person, on his or their behalf, to order an attachment against the estate of such defendant or defendants, or so much thereof as shall be sufficient to satisfy such judgment and costs, and all other costs and charges concerning the same; which attachment shall be returnable to the next succeeding court, and thereupon such estate shall

by the court be condemned, for satisfaction of the juegment, costs, and charges aforesaid, and shall be sold as goods taken in execution, by fieri facias; and out of the money arising by such sale, so much as shall be sufficient shall be paid to the bail, or sheriff, or his executors or administrators, to his and their own proper use, and the remainder, if any, after charges deducted, to the person from whom the same` was attached, or his, her, or their attorney, or agent, when required.

take recog

not setting.

XX. And be it further enacted, by the authority afore- Any judge of saia, That it shall and may be lawful to and for any the general judge or justice of the general court, and every such court may judge or justice is hereby authorized and impowered, nizance of when the said court is not sitting, to take a recogni- bail, when zance of bail in any action in the said court depend- the court is ing, which shall be taken de bene esse; and if the plain- But may be tiff or his attorney shall except to the sufficiency, of excepted to. the bail so taken, notice of such exception shall be given to the defendant, or his attorney, at least ten days before the next succeeding general court, and if the bail so taken shall be judged insufficient by the court, the recognizance thereof shall be discharged, and such proceedings shall or may be had against the defendant or defendants, as if no such bail had been taken; but if such bail shall be judged sufficient, or shall not be excepted to within the time aforesaid, then the same shall stand and be chargeable to all intents and purposes, as if the recognizance had been taken in court: And every person becoming special bail for Were speany defendant or defendants, shall be liable to the ble. judgment given against him, her, or them, unless he re der the defendant's body in execution, in discharge of his bail.

cial bail lia

No special XXI. Provided always, That no special bail shall bail in suits be requirable in any suit brought upon a penal law, upon penal unless by such law bail shall expressly be directed.

Rules in re

expressly by XXII. And be it further enacted by the authority afore- the law resaid, That when any sheriff shall return, that he hath quired. taken the body of any defendant, and committed him turns of writs to prison, for want of bail, the plaintiff may proceed, and appearand the defendant shall have liberty to make defence, ance in cus, as where an appearance shall be entered and accepted: nevertheless, such defendant shall not be discharged out of custody, unless the plaintiff be ruled to accept an appearance, at the next succeeding general

tody.