Page:Notes on the State of Virginia (1802).djvu/196

182 it at their firſt ſeſſions, as they muſt alſo do if it be originally commenced before them. In caſes of life and death, ſuch foreigners have a right to be tried by a jury, the one-half foreigners, the other natives.

All public accounts are ſettled with a board of auditors, conſiſting of three members, appointed by the general aſſembly, any two of whom may act. But an individual, diſſatisfied with the determination of that board, may carry his caſe into the proper ſuperior court.

A deſcription of the laws.

The general aſſembly was conſtituted, as has been already ſhewn, by letters-patent of March the 9th, 1607, in the 4th year of the reign of James the firſt. The laws of England ſeem to have been adopted by conſent of the ſettlers, which might eaſily enough be done whilſt they were few and living all together. Of ſuch adoption however, we have no other proof than their practice till the year 1661, when they were expreſly adopted by an act of the aſſembly, except ſo far as ‘a difference of condition’ rendered them inapplicable. Under this adoption, the rule, in our courts of judicature, was that the common law of England, and the general ſtatutes previous to the 4th of James, were in force here; but that no ſubſequent ſtatutes were, unleſs we were named in them, ſaid the judges and other partiſans of the crown, but named or not named, ſaid thoſe who reflected freely. It will be unneceſſary to attempt a deſcription of the laws of England, as that may be found in Engliſh publications. To thoſe which were eſtabliſhed here, by the adoption of the legiſlature, have been ſince added a number of acts of aſſembly paſſed during