ties until a clerk for the superior court shall be appointed and qualified. 18. And be it further enacted, That the clerk of the district court of Williamsburg shall be the clerk of the superior court of James City, and not of the superior court of York, and all judg ments rendered in the said district court before the first day of January last, which were on that day, wholly or in part unexecuted, shall be executed by the said superior court of James City. And in all cases where forthcoming bouds have been taken on any judgment rendered in the said district coart, the superior court of James City shall have full power to award execution; and shall have and exercise all power relative to the same which the said district court had. And the said superior court of James City, and the clerk thereof, shall have the same power, and perform the same duties, relative to replevy bonds, and twelve months bonds, which the said district court had, and the clerk thereof might have performed. 19. Be it further enacted, That the courts established by this aet and the acts to which this is an amendment, shall have concurrent jurisdiction with the quarterly courts in all matters of detinue and trover. Provision relating to Williamsburg, James-City and York. In what cases concurrent juris diction with county courts. 20. And be it further enacted, That it shall and may be lawful Judges may exfor the judges of the courts established by this act, at any time to change circuits. exchange with each other the circuits to which they may be assigned; which exchange shall be perpetual. 21. All acts and parts of acts coming within the purview of this act shall be and the same is hereby repealed. 22. This act shall commence and be in force from and after the passing thereof. Repealing clasue Commencement. CHAP. VII. An Act, to amend the Act, en An Act to amend the Act, entitled 1. BE [Passed January 24, 1809.] E it enacted by the General Assembly, That when any tobacco hath remained or shall hereafter remain undemanded in a public ware-house three years after the same hath been or shall be inspected, or where any inspected tobacco shall have been or may hereafter be brought from an upper to a lower warehouse, and shall remain undemanded in the same for three years from the time of its reception therein, the inspectors shall advertise in any newspaper published in this commonwealth, most convenient to the ware-house where the tobacco may be, for three weeks successively, a list of the marks, numbers and weights of such tobacco, with the names of the persons for whom it was inspected :-And if no owner appears to claim the same within three months, they shall, at the next court to be holden for the county in which such ware-house shall be, after the expiration thereof, and advertising as aforesaid, deliver to the court the like list, which court is hereby empowered and required to order the same to be publiciy sold at the court-house door, on a court day, to the highest bidder: The clerk of such court shall transmit within three months to the auditor of public accounts, a list of such tobacco so direct. See Rev. C. 2d vol. p. 58, 83, 100; and sessions acts of 1803, ch. 91 1804, ch. 131805, ch. 70; also post, ch. 49 and 1809, ch. 19. Provision where tobacco shall remain undemand ed 3 years in pub lic ware-houses: Penalty on inspectors for fail ing to pay. May be sued on their bonds. Storage to be paid. ed by the court to be sold, and the money arising from the sale thereof shall be paid by the inspectors to the treasurer of this state for the time being, on or before the tenth day of October then next following, who shall account for the same from time to time, to the General Assembly; and if any person, having a right to any tobacco, so sold, shall prove the same thereto, the said treasurer shall repay the same to such person or persons for whom such tobacco was sold. 2. And be it further enacted, That on the failure of such inspeeter or inspectors to pay into the treasury of this commonwealth, within the time hereinbefore mentioned, the money arising from the sale, or sales of such tobacco, or on his or their failure to pay any other money, which shall be due and payable from him or them to the commonwealth, according to law, it shall and may be lawful for the auditor of public accounts, having given ten days previous notice on his or their bond or bonds, to recover judg ment in the general court, on motion against such inspector or inspectors, his or their security or securities, or his or their executors or administrators, for the amount so remaining due and unpaid with costs. 3. And be it further enacted, That any person or persons injur ed by the breach of the condition of any bond or bonds heretofore or hereafter given by any such inspector or inspectors, may and shall, at his, her or their costs and charges, commence and prosecute suits on such bond or bonds in the name of the Governor or Chief Magistrate, or his successors, against the parties therein bound; their executors or administrators, and shall and may reeover all damages which he, she or they may have sustained by reason of the breach of the condition or conditions of such bond or bonds; in which suit or suits, a copy of such bond or bonds shall be legal evidence, if certified by the clerk of the court of that county in which it shall have been taken, unless the defendant or defendants shall plead "non est factum," in which case the original shall be produced. And such bond or bonds shall not become void upon the first recovery, or if judgment shall be given against any plaintiff or plaintiffs who shall suc thereon; but suits may be prosecuted thereon, from time to time, for the benefit and at the proper costs and charges of any party injured, until the penalty expressed in such bond or bonds shall be recovered: Provided always, That if any verdict or judgment shall pass for the defenfant or defendants in any such suit, the person at whose instance such suit shall have been brought or prosecuted, shall pay such defendant or defendants, his or their costs. 4. And be it further enacted, That the proprietor or proprietors of all tobacco shall pay the same storage as heretofore, and that the commonwealth be bound to make good all and every loss, Commonwealth, which how long responany person or persons may sustain by kis or their tobacco, sible. so stored, being destroyed by fire within any period of time not exceeding two years from the date of its inspection. Remedy where inspector's re 5. And be it further enacted, That if any inspector's receipt or receipts hath been or shall be actually lost, mislaid or destroyed ecipt may be lost. in the lifetime of the person or persons entitled to receive the tobacco by virtue of such receipt or receipts, or between the death of such person or persons, and the qualification of his, her or their executors or administrators, the executors or administrators of such person or persons shall be entitled to receive a duplicate of the same: Provided, The number and date of every such receipt or receipts, to whom and where payable and for what quantity of tobacco the same was given, and that such receipt or receipts are lost, mislaid or destroyed, and that he, she or they are lawfully entitled to receive the tobacco therein mentioned, be sworn to before any justice of the peace of the county where the same was payable, either by the executor or administrator, or any indifferent person. And the executor or administrator shall, in other respects, pursue the mode prescribed by the forty-first section of the act, entitled, “An act for reducing into one the several acts of assembly for the inspection of tobacco," passed the twenty- Code, 1st vol. p. ninth of November, in the year seventeen hundred and ninety- 267. two. See' Rev'd 5. This act shall commence and be in force from the passing Commencement, thereof. CHAP. VIII. An Act to explain an Act, entitled an Act, reducing into one the several Acts of Assembly, for the Inspection of Tobacco. [Passed February 4, 1809.] WHEREAS doubts have arisen, whether inspectors of tobacco should be allowed any compensation by the public for any hands which have to attend the ware-houses under their care by the sixteenth section of the law entitled An Act reducing into one the several acts of assembly for the inspection of tobacco; to obviate which, 66 See Rev'd Co 1st vol. p. 259. Preamble. No compensation for hands, &c. 1. Be it enacted, That they shall not be allowed by the commonwealth any compensation for the services of such hands. 2. This law shall commence and be in force from the passing Commencement. thereof. CHAP. IX. An Act, authorising the President of the United States to open an Inland Navigation from the Chesapeake Bay or the Port of Norfolk, to the Channel of Currituck Sound, and from Lynhaven Bay to the eastern branch of Elizabeth River. [Passed January 30, 1809.] it enacted by the General Assembly. That it shall be lawful President of the 1. Bit by the for the United States, and he is hereby pened. of authorised, so soon as the assent of Congress shall be given there- cause inland na to, and the necessary sum of money appropriated therefor, to o- vigation to be o pen an inland navigation, from the Chesapeake Bay, or the port of Norfolk, to the channel of Currituck Sound, and also fromLynhaven Bay to the eastern branch of Elizabeth River. 2. This act shall commence and be in force from the passing Commencement, thereof. CHAP. X. See Rev. C. 1st vol. ch. 86, p. 141, 151. Preamble. Ibid, p. 147. Exchange warrants, how to be granted. Proviso. Original war. rants, with affidavits, to be preserved. Duties of Regis ter. Proviso. An Act to explain and amend the Act, entitled "an Act, for redu cing into one, the several Acts concerning the Land-Office, ascertaining the terms and manner of granting waste and unappropriated Lands, for settling the titles and bounds of Lands, directing the mode of processioning, und prescribing the duty of Surveyors. WH [Passed February 1, 1809.] HEREAS by the fortieth section of the act entitled "an act, for reducing into one, the several acts concerning the Land Office, ascertaining the terms and manner of granting waste and unappropriated lands, for settling the titles and bounds of lands, directing the mode of processioning, and prescribing the duty of surveyors," it is among other things provided in general terms, that all persons, as well foreigners as others, shall have a right to assign warrants or certificates of survey for lands, without prescribing any particular mode of assignment; and whereas it is represented to this present General Assembly, that there are many land warrants outstanding, which have been transferred, sometimes by the mere endorsement of the name of the holder, and at others by assignment, without attestation, and doubts have arisen, whether in such cases it would be proper for the Register of the Land Office, to grant to the present holders, new warrants, in exchange for warrants so transferred and assigned; 1. Be it enacted, That the Register of the Land Office may, and he is hereby authorised & required, on the application of the present holder or holders thereof, to receive any land warrant heretofore issued, although such warrant may have been transferred by the mere indorsement of the name or unattested assignment of the original purchaser, or any subsequent holder, and to grant other warrants in exchange therefor in the mode heretofore preseribed by law; Provided always, That no such exchange shall be made, unless the applicant therefor shall have previously annexed to such warrant his own affidavit, stating that, so far as he knows or believes, the indorsements or assignments appearing on such warrant have been made fairly and bona fide; and that he or those in whose name or names such exchange is sought is or are the true and rightful proprietor or proprietors of such warrant. 2. And be it further enacted, That such original warrant, with the affidavit thereto annexed, shall be carefully filed away by the Register of the Land Office; and it shall be his duty to publish quarter yearly in some newspaper published in the city of Richmond, a list of all original warrants, for which exchange warrants have been granted; noting therein the date of such original, the right on which it issued, the quantity of land, the name of the original holder, of every indorser, assignor and assignee, and the name and residence of the person or persons to whom exchange warrants have been granted therefor; Provided, That nothing herein contained shall be construed as impairing or in any manner affecting the rights of individuals to such original warrant, other than those to whom such exchange warrants may have been granted; but such individuals may be at liberty to contest the rights growing out of such warrant in the same manner as if this act had never passed. 3. And be it further enacted, That no treasury land warrant Warrants, how hereafter issued shall be assignable but by written assignment on assignable. the back of such warrant, attested by two or more witnesses; and that no new warrants shall be hereafter granted in exchange for such warrant, unless it shall be signed in the manner required by this section. 4. And be it further enacted, That in future the fees for copies Fees to be paid. of the Register of the Land Office, to be by him paid into the public treasury, shall be as follows: for a copy of a grant, or patent of land, where the same doth not exceed four hundred words, sixty-three cents; and for every thirty words thereafter, three cents; for a copy of a plat and certificate of survey, where the same doth not exceed ten courses, sixty-three cents, and for every course thereafter, two cents; and for any other copy or certificate, where the fee is not already fixed by law, and doth not exceed two hundred words, twenty-five cents; and for every thirty words thereafter, three cents, and no more, any law to the contrary notwithstanding. 5. This act shall commence and be in force from and after the Commencement, passing thereof. 1. ·B CHAP. XI. An Act concerning Special Courts of Appeals. [Passed February 2, 1809.] Provision for E it enacted by the General Assembly, That whensoever a judge of the court of appeals shall be disabled by sickness holding special courts of appeals or infirmity from attending the said court during one whole term in certain cases. thereof, and it shall appear probable in the opinion of the other judges that the disability will continue during the next succeeding term, and if at the same time one or more of the remaining judges of the said court be interested in any suit or suits pending therein, so that, from the combined causes of disability and interest, a court cannot be formed for the trial of such suit or suits, a special court shall be summoned for the purpose of trying such suit or suits, in the same manner, and under the same regulations as prescribed by the fifth and sixth sections of the act entitled "An act, for reducing into one act, the several acts concerning the court of appeals and special court of appeals." 2. The said court when in session shall be attended by the same officers, have the same powers and allowances, take the same oaths, and be governed by the same regulations, as are prescribed by the seventh, eighth, ninth and tenth sections of the before recited act. See R. Code, 1st vol. p. 61. Regulations, &c. 3. This act shall commence and be in force from and after the Commencement. passage thereof. CHAP. XII. 1. An Act concerning the service of Warrants for small Debts. [Passed February 3, 1809.] BE it enacted by the General Assembly, That it shall not be Sheriffs and de serve warrants. lawful for any sheriff or deputy sheriff, to serve any war- puties not to rant issued by any justice of the peace, requiring any person or persons to appear before any justice of the peace, to answer in any |