Page:Notes on the State of Virginia (1853).djvu/158

142 and criminal, and twice more for criminal only. The Court of Admiralty sits at Williamsburgh whenever a controversy arises.

There is one Supreme Court, called the Court of Appeals, composed of the judges of the three Superior Courts, assembling twice a year at stated times at Richmond. This court receives appeals in all civil cases from each of the Superior Courts, and determines them finally. But it has no original jurisdiction.

If a controversy arise between two foreigners of a nation in alliance with the United States, it is decided by the Consul for their State, or, if both parties choose it, by the ordinary courts of justice. If one of the parties only be such a foreigner, it is triable before the courts of justice of the country. But if it shall have been instituted in a County Court, the foreigner may remove it into the General Court, or Court of Chancery, who are to determine 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 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 altogether. Of such adoption, however, we have no other proof than their practice, till the year 1661, when they were expressly 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