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1878. COURTS OF CHANCERY, Juries in.—

All facts in causes whether of Chancery,
Common, Ecclesiastical, or Marine law,
shall be tried by a jury upon evidence given
vivâ voce, in open court; but where witnesses
are out of the Colony, or unable to attend
through sickness, or other invincible necessity,
their deposition may be submitted to the
credit of the jury.—
Proposed Va. Constitution. Ford ed., ii, 24.
(June. 1776)