137 



There is one supreme court, called the court of ap" 

 peals, composed of the judges of the three superior 

 courts, assembling twice a year at stated times at Rich- 

 mond. This court receives appeals in all civil cases 

 from each of tlie 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 tiie Consul for their state, or, if both parties choose 

 it, by the ordinary courts of justice. If one of the par- 

 ties 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 count}^ court, the foreigner may re- 

 move it into thn 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 audi- 

 tors, consisting of three members appointed by the ge- 

 neral assembly, any two of whom may act. But an in- 

 dividual, dissatisfied with the determination of that 

 board, may carry his case into the proper superior 

 court. 



A description of the laws. 



The general assembly v/as constituted, as has been 

 already shown, by letters patent of March the ninth, 

 1G07, in the fourth 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 adojition, however, we have no other proof than 

 their ])ractice till the year 1G61, when they were ex- 

 pressly adopted by an act of the assembly, except so far 

 as ' a difference of condition ' rendered them inapplica- 

 ble. Under this adoption, the rule, in our courts of ju- 

 dicature 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, un- 



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