1. CHAP. XXXII. An Act to amend an act concerning the manufacture of tobacco. BE [Passed January 24, 1804.] 1803. bacco without a E it enacted by the General Assembly, That if any person shall Penalty for mapresume to stem or manufacture tobacco without having ob- nufacturing totained a license in the manner prescribed by the act passed the twentieth of January, one thousand eight hundred and one, he shall for every such offence forfeit and pay the sum of one hundred dollars, to be recovered by an action on the case, wherein the defendant shall be ruled to bail, in the name of the deputy attorney of the county or corporation in which such offence shall be committed, for the use of the commonwealth; the expenses of which prosecution shall be certified by the court in which the prosecution was carried on, and the auditor is hereby authorised to grant a warrant upon the treasurer for the same. And the said offender shall moreover for◄ feit and pay the sum of ten dollars for every ten pounds of tobacco so by him or her stemmed or manufactured, to be recovered by a warrant before any justice of the peace for the county or corporation in which the offence shall be committed, one half of which fine shall be to the use of the informer, and the other half shall be applied towards lessening the county or corporation levy; and moreover, it shall be the duty of the magistrate before whom such warrant shall be tried, to order all the tobacco found in such stemmery or mandfactory, together with every sort or kind of implement employed in the same, to be seized and kept by the proper officer of the county or corporation, until the next court to be held for the same, when it shall be the duty of the said court to direct the same to be publicly sold, the proceeds of which sale shall be applied one half to the use of the informer, and the other half to be applied towards lessening the county or corporation levy. 2. It shall be the duty of the county or corporation courts in which Inspectors to be any licenses to stem or manufacture tobacco shall have been appointed. grant ed, to appoint, at their sessions in the month of April in each year, a ft and suitable person to act as inspector of the said county or corporation for one year, whose duty it shall be to inspect all manu- Their duty. factured tobacco within the same, and if, in his opinion, such tobacco, be good, clean and merchantable, he shall pass the same, stamp or mark the cask wherein it is packed or prized, and grant a certificate, that the same has been inspected according to law. He shall inspect no tobacco, for which the manufacturer shall not produce a manifest, and is hereby authorised and directed, to seize such tobacco. wherever it may be found, dispose thereof, and pay the money arising therefrom, into the public treasury. The compensation for his Their pay. services shall be fixed by the court which made his appointment, to be paid by the stemmer or manufacturer according to the services actually performed. certificate. 3. And if any person shall presume to sell tobacco stemmed or Penalty for sellmanufactured, within this commonwealth, without the inspector's ing without a certificate, he shall be subject to the like penalty of ten dollars for every ten pounds of manufactured tobacco, so by him sold, or offered to be sold, to be recovered in like manner as directed by this act. See Revised Code, vol. 1, ch. 278, pa. 409.—Also, post ch. 78, scc. 4. 1803. 4. Nothing herein contained shall be so construed as to prevent planters or farmers in country places, from stemming or manufacNot to affect far- turing tobacco, the produce of their own farms or plantations; nor mers in any coun- shall this act extend to any county westward of the Blue Ridge, nor to any county in which there is no inspection established by law. ty west of the Blue Ridge. Casks to be branded. Commencement. Slaves to be registered in cer tam cases. 5. Be it further enacted, That every person so manufacturing, shall cause to be branded upon the cask containing the tobacco so stemmed or manufactured, his own name and the name of the county in which he shall reside; which said brand or mark shall justify any person in selling the same, notwithstanding the provisions contained in section sixth of this act. 6. This act shall commence and be in force from and after the passing thereof. CHAP. XXXIII. An Act directing the registering the names, ages and sexes of Slaves in certain cases.* 1. [Passed January 24, 1804.]; E it enacted by the General Assembly, That in all cases where any slave or slaves shall be allotted to any widow for her dower or shall be devised to her for life in lieu thereof; or shall be held by any person for his or her life only or the life of any other person or persons, every such person entitled to such life estate, or his or her guardian, if he or she be an infant, shall within sixty days after coming to the possession of any such slave or slaves, cause to be lodged with the clerk of the court of that county wherein he or she resides, a list containing the names of all such slaves, dePenalty for ac. scribing their ages and sexes, under the penalty of fifty dollars for glect. each slave; that such clerk shall record the said list in a well bound book to be kept for that purpose; for which he shall receive from the person furnishing any such list a fee of one dollar; that the increase of all such slaves, shall, within the like time from their births in like manner be registered with the said clerk, under the like penalty, and for a farther fee in each case of twenty-five cents. That in case of the intermarriage of any such widow, her husband shall from that time perform all the duties required of her by this act, under the like penalties. How the penalty 2. That all the penalties incurred by this act shall go and accrue shall be applied. to any party aggrieved, to be recovered with costs by action of debt, bill, plaint, or otherwise, in any court of record. Commencement. Free persons charged with criminal offences how to be committed. 3. This act shall commence and be in force from and after the first day of June next. CHAP. XXXIV. An Act to amend an act, entituled, “An act directing the method of proceeding against free persons charged with certain crimes, directing the mode of proceeding on indictments, informations and prosecuti ons, on penal statutes; and for preventing vexatious and malicious prosecutions, and moderating amercements," and for other purposes.‡ [Passed January 24, 1804.] 1. E it enacted by the General Assembly, That from and after + This refers to the 2d section in consequence of the engrossed bill being amended. Amended, post chap. 51. † See Revised Code, vol. 1, ch. 74, p. 102-ch. 264, sec. 2, pa. 402. a slave, shall be charged before a justice of the peace with any treason, murder, felony, or other crime or offence whatsoever against this commonwealth, if, in the opinion of such justice, such offence ought to be enquired into, in the courts of this commonwealth, such justice shall take the recognizance of all material witnesses, to appear before the court of his county or corporation, to give evidence against the offender, and immediately by his warrant, commit the person so charged, to the county or corporation jail; and moreover, shall issue his warrant to the sheriff of the county, or sergeant of the corporation, requiring him to summon at least eight, if so many there be, of the justices of the county or corporation, to meet at their courthouse on a certain day, not less than five nor more than ten days after the date thereof, to hold a court for the examination of 1803. the fact; which court, consisting of five members atleast, shall con- How the fact to sider whether, as the case may appear to them, the prisoner may be be enquired inte discharged from farther prosecution, or may be tried in the county or corporation, or in the district court; and shall thereupon proceed the same manner as prescribed by the act, entituled, “An act, directing the method of proceeding against free persons charged with certain crimes, declaring the mode of proceeding on indictments, informations and prosecutions on penal statutes, and for preventing vexatious and malicious prosecutions, and moderating amercements." If any justice before whom any person is charged Penalty on justiwith any such crime cr offence, shall commit such person to jail, ces and sheriffs El neglect or refuse to issue his warrant immediately for summon- forneglect of du ng the justices of his county or corporation, to hold a court for the examination of the fact; or if any sheriff or sergeant shall neglect or refuse to obey such warrant, or neglect or refuse to return the warrant to the court so summoned, endorsing thereon the manner in which he has executed the same, every person so neglecting or reSusing hereafter, shall, in either case, forfeit and pay the sum of one hundred dollars to the use of the commonwealth, to be recovered How to be reco by action of debt or information, in any court of record; and morevered. wer, shall be subject to the action of the party aggrieved, in which, f he or she recover, he or she, besides damages, shall recover double costs. ty. Witness's re 2. Be it further enacted, that when any person shall be sent by a county or corporation court, to the district court to be tried for cognizances to be transmitted treason or felony, the clerk of the court of the county or corporati- to district courts on, shall transmit and certify immediately, to the clerk of the disrict court, a copy or copies of the recognizance or recognizances, of ach and all the witnesses, recognized to appear at the district court, give evidence against the prisoner; and if the witness or witnesses, to bound to appear, shall fail to appear, pursuant to his, her or their rerognizance, the district court shall immediately cause his, heror their default to be recorded; and it shall be lawful for the district court to isme a writ or writs of scire facias, upon which the like proceedings hall be had as if the recognizance of the witness or witnesses had been aken in the district court: Provided, that the witness or witnesses, call first be summoned to shew cause, if any he, she or they can, why ach scire facias should not be issued. In like manner, the clerk of Also on prisonhe court of any county or corporation, shall certify and transmit ers recognizanthe clerk of the district court, a copy or copies of the recognizance ces, which are f any prisoner let to bail, who is to be tried in the district court, and ted to district so a copy or copies of the recognizance or recognizances of his courts. Proceedings thereon in case of a breach. to be transmit 1805. or her bail; and if any prisoner let to bail shall fail to appear in the district court, pursuant to his or her recognizance, the district court shall immediately cause his or her default to be recorded, and shail issue a writ or writs of scire facias against the prisoner and his or her bail, upon which the like proceedings shall be had, as if the prisoner had been let to bail by the district court. The copy or copies. of all recognizances so certified and transmitted to the clerks of the district courts, by virtue of this act, shall be admitted and received as evidence in the said courts, in like manner as the original or originals might have been, had they been entered into in the district Penalty on clerks courts. Any clerk failing to perform the duties required of him for neglect of du- by this act, shall forfeit and pay for each failure, to the use of the ty. Prisoners not more than once commonwealth, the sum of one hundred dollars, to be recovered by action of debt or information, in any court of record. Any clerk failing to perform the duties required of him by the twentieth section of the before recited act, shall forfeit and pay to the use of the commonwealth the sum of fifty dollars, to be recovered in any court of record by action of debt or information. 3. Be it further enacted, That if any person charged with any to be examined crime or offence against the commonwealth, shall be acquitted or for same offence discharged from further prosecution by the court of the county or corporation in which the offence is or may by law be examinable, he or she shall not thereafter be examined, questioned or tried for the same crime or offence, but may plead such acquittal or discharge in bar of any other or further examination or trial for the same crime or offence, any law, custom, usage, or opinion, to the contrary, in any wise notwithstanding. Examining court 4. Be it further enacted, That a court held by virtue of this, or may adjourn to a the before recited act, for the examination of any person charged subsequent day if necessary. with any crime or offence against the commonwealth, may, for good cause shewn, adjourn to any subsequent day: Provided, That they shall not adjourn for a longer period than three days, except on the application of the prisoner, and then for not more than ten days from the day of adjournment, at which time such proceedings shall be had as if the court had proceeded to the examination of the fact, at their first sitting. Criminal not to be tried in dis 5. Be it further enacted, That before any person charged with trict court till treason or felony, shall be tried before a district court, he or she examined in in- shall be examined in the manner prescribed by law, by the court of ferior courts. the county or corporation, wherein the offence was committed. Judgment after 6. Be it further enacted, That after the verdict of twelve men, verdict not to be no judgment on any indictment or information, for felony, or any stayed for defect other offence whatsoever, shall be stayed or reversed, for any sup in indictment if offence is plainly posed defect or imperfection in any such indictment or information, so as the felony or offence therein charged to have been committed or done, be plainly and in substance set forth with convenient certainty, so as to enable the court to give judgment thereupon, according to the very right of the cause, any former law, custom or usage to the contrary notwithstanding. stated. This act not to 7. Nothing in this act contained shall be so construed as to apply apply to certain to any indictment or information already filed and now depending, or in any manner to repeal the act directing the mode of suing out and prosecuting writs of habeas corpus or the act directing what prisoners shall be let to bail. 8. All acts and parts of acts within the purview of this act, are hereby repealed. 9. This act shall commence and be in force from and after the first day of April next. CHAP. XXXV. An Act further declaring what shall be deemed unlawful meetings of Slaves.* [Passed January 24, 1804] WHEREAS it is represented to the general assembly, that it Preamble, is a common practice in many places within this commonwealth, for slaves to assemble in considerable numbers at meeting houses and places of religious worship, in the night, which, if not restrained, may be productive of considerable evil to the community. What shall be of slaves. 1. Be it therefore enacted, That all meetings or assemblages of slaves, at any meeting house or houses, or any other place or places, in considered un the night, under whatsoever pretext, shall be deemed and considered lawful meetings as an unlawful assembly, and any justice of the county or corporation wherein such assemblage shall be, either from his own knowledge, or the information of others, of such unlawful assemblage or meeting, may issue his warrant, directed to any sworn officer or officers, authorising him or them to enter the house or houses, where such unlawful assemblages or meetings may be, for the purpose of appre hending or dispersing such slaves, and to inflict corporal punishment on the offender or offenders at the discretion of any justice of the peace, not exceeding twenty lashes. a warrant. 2. And be it further enacted, That the said officer or officers shall Persons may be have power to summon any person to aid and assist in the executi- summoned to 88on of any warrant or warrants directed to him or them for the pursist in executing pose aforesaid, who, on refusal, shall be subject to a fine at the discretion of the justice, not exceeding ten dollars: Provided, That the Proviso. provisions of this act, shall not extend to any county west of the . Blue Ridge. 3. All acts and parts of acts coming within the purview of this Repealing act, shall be, and the same are hereby repealed. clause. 4. This act shall commence and be in force from and after the Commencement, passing thereof. CHAP. XXXVI. An Act to amend and reduce into one, the several acts of the General- [Passed January 28, 1804.]: W fence of a free people, and it is expedient to carry into effect HERE AS, a well regulated militia constitutes the great de- Preamble, the laws of the Congress of the United States, providing for the na Explained and amended at the next session, see post chap. 47. † See Revised Code, vol. 1, ch. 146, pa, 282-ch. 152, pa. 307-ch. 153, pa:310 ch. 182, pa. 331-ch. 241, pa. 383-ch. 263, pa. 400, for arming militia. Sess, acts, 1800, ch. 45, pa. 24, for arming the militia of certain towns, Ante. ch. 6, for the distribution of arms in certain cases. See post- 52-eh. 84-ch. 110-ch, 112, concerning the distribution of public arms. |