« PreviousContinue »
hundred pounds; and the same sheriff shall summon the justices of his county to meet at the courthouse thereof, within ten days after receipt of such certificate, and then deliver to them such list as aforesaid, out of which, twenty four shall be stricken, in manner before directed, any agent authorized by the prisoner, striking for him or her, or if no such appear, the justices striking only; and the remaining twelve shall be summoned as jurors for trial of the prisoner, by writ of venire facias, to be issued by the clerk of the last mentioned county. Every juror summoned by virtue of any such writ of venire facias, who shall fail at the return thereof, and from that time until he be discharge effectually guarding against counterfeiting of the bills of credit, treasury notes, and loan office certificates,” and of every other act as is within the perview of, and inconsistent with this, is repealed.
ed, to attend the general court, shall forfeit one hun
t’ersoits stispécted of having forged or counterfeited notes, how apprehend£Cls
• Rewards for apprehend
Allowances to witnesses, veniremen, and sheriffs, what, and how paid.
dred pounds, unless the defaulter shew good cause to the contrary, having been summoned for that purpose. Any justice of the peace may, by his warrant, cause to be apprehended and brought before him, every such person travelling in the county of the said justice, as he shall suspect to carry forged bills of credit or trea
sury notes, or loan office certificates, and search to be
made in the wearing apparel and baggage of the said.
An act for declaring and asserting goo. the rights of this commonwealth, “” concerning purcahsing lands from
Indian natives. I. TO remove and prevent all doubt concerning Exclusive’ purchases of land from the Indian natives, Be it de-right of clared by the General Assembly, That this common-jo. wealth hath the exclusive right of preemption from the *:::::: Indians of all lands within the limits of its own char-iands of Intered territory, as described by the act and constitu- dians assert: tion of government in the year one thousand seven “” . . hundred and seventy six; that no person or persons whatsoever have, or ever had, a right to purchase any. lands within the same from any Indian nation, except only persons duly authorized to make such purchases on the publick account, formerly for the use and benefit of the colony, and lately of the commonwealth; and that such exclusive right of preemption will, and ought -of" to be maintained by this commonwealth to the utmost of its power. . - ... II. And be it farther declared and enacted, That every purchase of lands heretofore made by, or on behalf of the crown of England or of Great Britain, from any Indian nation or nations within the before mentioned limits, doth and ought to enure for ever to and for the use and benefit of this commonwealth, and to and for no other use or purpose whatsoever; and that all sales and deeds which have been or shall be 'made by any Indian or Indians, or by any Indian nation or nations, ... Vol. x, N
for lands within the said limits, to or for the separate use of any person or persons whatsoever, shall be, and the same are hereby declared utterly void and of ng effect.
From Revie . wo • .
to An act constituting the Court of Ad; 1779, cisaly, e * Koi...". miralty.
Chan. Iłev. - - - . p. 104.] BE it enacted by the General Assembly, That the
Court of ad- o ve e miralty esta. court of admiralty to consist of three judges, any two
blished. of whom are declared to be a sufficient number to cono
* of stitute a court, shall have jurisdiction in all maritime
jiction, causes, exeept those wherein any parties may be acao
to be brought before them, shall, take::precedence in court according to the order in time of their appointments, and shall be governed in their proceedings and By whatlaws decisions by the regulations of the congress of the Ugoverned. mited States of America, by the acts of the generalaso sembly, by the laws of Oleron, and the Rhodian:sand. Imperial jaws, so far as they have been heretofore obs.... served in the English courts of admiralty; and by the Provision, laws of nature and nations. If the regulations of come *. oš" gress happen to differ from those of general assembly, ation of -- - - ** - F - - e ... the latter are declared to be supreme in cases wherein conflict with citizens only are litigants, and the former in all other laws of state. eases: Every future judge of this court shall be chosen . ” by joint ballot of both houses of assembly; and before he enters on the duties of his office, besides taking the oath of fidelity, he shall take the following oath, to be oath of jud. administered by the governour in council: “You shall ges. swear that well and truly you will serve this commonwealth in the office of a judge of the court of admiralty; that you will do equal right to all manner of people, great and small, high- and low, rich and poor, of what country or nation soever they be, without respect of persons. You shall not take by yourself, or by any other, any gift, see, or reward, of gold, silver, or any .
cused of capital offences now depending and hereafter
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 sees or salary as shall be by law appointed. You shall not maintain by yourself, or by any other, privily or openly, any plea or quarrel depending in the said court. You shall not delay any person of right for the letters or request of any one, 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 justice, without fraud, favour, affection, or partiality.” The taking of which oath, or the certificate thereof, shall be registered in the said court. Any judge executing his office before he shall have taken the said oath, or given assurance of fidelity to the commonwealth, shall forfeit five hundred pounds of current money, to the use of the commonwealth. This court or any two judges thereof, when it is not sitting, shall appoint a register, an advocate, and a marshal, when those offices shall become vacant, who shall take the oath of office, and of whom the register and marshal shall moreover give bonds, the former in one thousand pounds, and the other in ten thousand pounds, payable to the governour or his successours, with sure
ties, to be approved by the court or two judges, with eondition that they will faithfully and impartially perform their respective offices, and account for and pay all money which may come to their hands by virtue thereof; upon which bonds, suits may be severally brought for the benefit and at the costs of any persons grieved by breach of the conditions until the damages to be recovered shall be equal to the penalties. The judges, register, advocate, and marshal, shall continue in office so long as they respectively demean themselves well therein. The court shall sit so often as there shall be occasion, at the capitol in Williamsburg, until the general assembly shall appoint another place, or at, or in such house or place as the governour, with advice of the council, shall by writ of adjournment direct, in case an accident by fire or tempest, or a pestilential
Penalty for acting with out oath.
Register, advocate, and marshal.
Tenure at office.
Court, where to sit,
Sale of per. ishable goods.
Rules of practice:
disease, or an enemy, shall make it necessary. . This court shall have power to order sale of perishable goods to be made at any time, taking sufficient caution for securing the proceeds of the sale to him who shall be entitled to them by the final sentence. Every commander of a ship of war or other vessel belonging to the commonwealth, or to any citizen thereof, when he shall be required, shall assist the marshal of the said court acting by virtue of the process thereof, to seize and secure any vessel or goods subject to such process, so as not to violate the right of any other of the United States, or of any state, or prince in amity with them. When a citation shall have been served upon the owner or master of a vessel therein mentioned, if no person appear at the return day, or at such further time as the court for peculiar reasons shall ap
point, and enter into the litigation, the libel shall be
taken for confessed; and if return be made that the maso
nor more than six weeks after the making thereof; and the said order being so published; if there being such
appearance before expiration of the time limited; the
libel shall be taken for confessed accordingly; caution".
being given to secure the effects so that they may be subject to the future order of the court; and the serr. tence given thereupon shall be published in manner
aforesaid; and if the master, owner, or other person
interested at any time within one year after such last mentioned publication, or that being omitted within
seven years after sentence, by petition desire that the
cause be reheard, and give security for payment of
such costs as may be awarded against him, the court
shall admit such party to make his defence or claim, in the same manner as if he had appeared at the return of the citation and give such sentence as they think just and agreeable with the laws prescribed for the rules of their decisions. Commissions for taking the examinations of witnesses may be awarded, and
such examinations may be read in like cases as they