121. A Bill Allowing a Bill of Exceptions to Be Sealed
When1 one impleaded before any court, and in any cause, where appeal2 lies to a higher court, doth alledge an exception praying that the Justices will allow it, if they will not allow it and he that alledged the exception do write the same exception, and require that the Justices will put their seals in testimony thereof, the Justices or the greater part of them present shall so do; and if such higher court upon complaint made of the said Justices, cause the record to come before them, and the same exception be not found in the roll, and the plaintiff shew the exception written, with the seals of the Justices put to it, the Justices shall be commanded that they appear at a certain day, either to confess or deny their seals. And if the Justices cannot deny their seals they shall proceed to judgment according to the same exception, as it ought to be allowed or disallowed.
Report description begins Report of the Committee of Revisors Appointed by the General Assembly of Virginia in MDCCLXXVI, Richmond, 1784 description ends , p. 84. Text of Act as adopted is in Hening, description begins William W. Hening, The Statutes at Large; Being a Collection of All the Laws of Virginia description ends xiii, 10–11.
Bill presented by Madison 31 Oct. 1785, postponed 14 Dec. to next session, and brought up again 1 Nov. 1786. Apparently no further action was taken on it at this time (JHD description begins Journal of the House of Delegates of the Commonwealth of Virginia (cited by session and date of publication) description ends , Oct. 1785, 1828 edn., p. 12–15, 92; same, Oct. 1786, p. 16–17). It was passed at the Oct. 1789 session; text of Act as adopted agrees with Bill as submitted by Committee of Revisors except as indicated below.
1. The Act begins with the usual enacting clause.
2. The Act adds at this point: “writ of error or supersedeas.”