1803. Manner of proceeding on certain fines, &c. Penalties on offi cer for neglect of duty. Clerk to take re CHAP. LXXVI. An Act more effectually to enforce the Payment of certain Fines into the Public Treasury.* 1. [Passed January 30, 1806.] E it enacted by the General Assembly, That whenever any Bfine, forfeiture, penalty or amercement, shall be imposed or adjudged by any court, the whole or any part whereof shall be to the use of the commonwealth, the clerk of such court shall, immediately after the term at which such fine, forfeiture, penalty, or amercement was imposed or adjudged, issue a writ of fieri facias, or capias ad satisfaciendum against the defendant or delinquent, for the amount thereof, which execution shall be directed, levied and accounted for, and the sheriff or other officer in whose hands it may be placed, shall be liable to the same penalties for neglect of duty, as are prescribed by law in other cases of executions on behalf of the commonwealth. And for the more effectual collection and ceipt for execu- payment of the said fines, forfeitures, penalties and amercements, tion, &c. and it shall be the duty of every clerk, issuing an execution as aforesaid, transmit same to to obtain from the sheriff or other officer to whom it is directed a auditor. receipt therefor, a copy of which receipt, together with a copy of the execution and of the judgment on which it was founded, certified by the said clerk, shall be transmitted by him to the auditor of public accounts, within sixty days after the date of the said receipt; and such certified copies shall be evidence on any motion made against the said sheriff, on account of the said execution; for which services the clerk shall be allowed one dollar, to be paid out of the public treasury. And if any clerk shall fail to transmit any of the aforesaid papers, within the time aforesaid, he shall forfeit and pay fifty dollars, to the use of the commonwealth, to be recovered by action of debt or information, in any court of record. Duty of Auditor. Proviso. 2. The auditor of public accounts shall, immediately on receiving from any clerk, the receipt of the sheriff or other officer as aforesaid, debit the said sheriff or officer with the amount thereof in his account of the revenue for that year; and if the said sheriff or officer shall fail to pay the same at the time the public taxes are payable, after an allowance for insolvencies, to be made by the court of his county or corporation, such sheriff or other officer shall be subject to the same proceedings against them for default, as are or shall be directed in cases of public taxes. Provided, That no sheriff or other officer shall be liable for the amount of any execution directed by this act, which shall not be returnable before the public taxes are due and payable by him into the treasury, until the revenue of the next succeeding year becomes due, at which time he shall pay the amount collected by virtue of such execution as before di rected. 3. And whereas, it hath been represented, that considerable sums of money, arising from fines, forfeitures, penalties and amercements, imposed and adjudged for the use of the commonwealth, remain in the hands of the sheriffs and others, who have failed to pay the same into the public treasury: * See Rev. Code, vol. 1, ch. 65, sec. 17, pa. 71-ch. 66, sec. 63, pa. 83-ch. 67, sec. 74, pa. 93-ante ch. 4-ante ch. 24, sec. 3, clerks to certify amount of proceeds of sales of property of persons taking oath of insolvency at suit of commonwealth, and sheriffs to account as for other fines. 1805. now due. 4. Be it therefore enacted, That the clerks of the several courts within this commonwealth, in which any fine, penalty, forfeiture or amercement, may have been imposed or adjudged to the use of Duties of clerks the commonwealth, shall, within three months after the commence- where such fines, &c. are ment of this act, transmit to the auditor of public accounts, correct lists of all writs of capias pro fine, or other writs of execution that have issued from their respective offices, on judgments rendered, since the first day of January, one thousand seven hundred and rinety-six, for any fine, penalty, forfeiture or amercement, appropriated by law, either in part or the whole, to the use of the commonwealth, together with their amount severally, the officer's name to whom delivered, and the return of such officer, if any be made. Every clerk, failing to transmit such list, shall forfeit the sum of fifty dollars, to be recovered by motion in the general court, by the auditor of public accounts, for the use of the the commonwealth, on ten days previous notice. 5. And be it further enacted, That it shall be the duty of the au- Duty of auditor. ditor of public accounts, on receiving such list, to proceed against such sheriff or other officer, from whose return it shall appear that he has collected any fine, penalty, forfeiture or amercement, or part thereof, by motion in the general court, on ten days previous notice, for the amount so collected, on which motion, the list certified by the clerk shall be admissible evidence. since 1796 to at 6. And be it further enacted, That it shall be the duty of the Clerks to deliver clerk of every court, in which any such fine, penalty, forfeiture or list of executions amercement has been imposed or adjudged, to furnish the attor- torney prosecutney, prosecuting on behalf of the commonwealth in such court, with ing for commen a list of all writs of capias pro fine, or other writs of execution, is- wealth. sued since the said first day of January, one thousand seven hundred and ninety-six, and which were delivered to any sheriff or other officer, and not returned. And it shall be the duty of such attorney, to proceed by motion in such court, against such eriff or other officer, for failing to return such process: And such sheriff or other officer, having ten days previous notice, shall be liable to the same recovery for the use of the commonwealth, as is provided by law for failing to return other executions on behalf of the commonwealth. And on any such process being afterwards returned sätisfied, in whole or in part, it shall be the duty of the clerk to certify such return to the auditor, who shall proceed to recover the same as herein before directed. 7. And be it further enacted, That it shall not be lawful for any Power of courts the term at which the same shall be adjudged: Provided, That no- Proviso. P Provided Proviso, 1805. vy, or which may be otherwise specially appropriated by any act of the general assembly. Commencement. 8. This act shall commence and be in force from and after the first day of June next. CHAP. LXXVII. Law giving re. ward by country for killing wolves repealed. As to county of An Act to Repeal part of the several Acts allowing Rewards for 1. Killing Wolves.* [Passed January 31, 1806.] E it enacted by the General Assembly, That all and every act and acts heretofore made, giving a reward for killing wolves, shall be, and the same are hereby repealed, so far as they may prescribe that the rewards paid by the county, shall be re-paid by the public. 2. And be it further enacted, That all acts and parts of acts allowing a reward for killing wolves, so far as the same respects the county of Russell, be, and the same are hereby repealed. Commencement. 3. This act shall commence and be in force from the passing thereof. Executive may 1. grant auditor leave to be ab CHAP. LXXVIII. An Act concerning the Auditor.t Passed February 1, 1806.] Babe authorised to grant leave of absence to the audisent from Rich- tor, from the city of Richmond, whensoever such permission will not be incompatible with the public interests; and during the ab sence of the auditor, the chief clerk shall discharge the duties of the office, in like manner as by law he is authorised to perform such duties in case of the sickness of the auditor. E it enacted by the General Assembly, That the executive mond. Commencement. 2. This act shall be in force from and after the passing thereof. CHAP. LXXIX. An Act giving further time to the Proprietors of certain Lands, Further time to 1. redeem lands for. feited for non payment of taxes. BE it enacted by the General Assembly, That the proprietors of lands forfeited to, and vested in the commonwealth, by the non-payment of taxes, agreeably to the act, entituled, "An act more effectually to provide for the payment of taxes upon lands within this commonwealth," may redeem the same by paying into the treasury of this commonwealth, on or before the first day of * See sess. acts of 1798, ch. 34, sec. 3, pa. 17. †See Revised Code, vol. 1, ch. 85, pa. 139-ante ch. 38, auditor chosen annually. Ante ch. 20-see also post. ch. 109, by which it is provided, that lands forfeited shall not be liable to location, but may be redeemed by the former owner, within 3 years, by paying the principal sum due for taxes, and interest, at the rate therein specified. March, in the year eighteen hundred and seven, all arrears of taxes 1805. due thereon. 2. This act shall commence and be in force from and after the Commencement, passing thereof. CHAP. LXXX. An Act to amend the several Laws concerning the High Courts of 1. B Chancery.* [Passed February 1, 1806.] courts, where E it enacted by the General Assembly, "That all causes now Manner of prodepending or which hereafter may be depending in the ceeding in chanchancery district court of Williamsburg or Staunton, in which the cery district judge of such court is, or may be interested, shall be transmitted to the chancellors the chancery district court of Richmond. The court, by an order are interested in to be entered of record, shall, at the next term, direct the clerk to a cause. send the original papers in such suits to the Richmond chancery district court, with copies of all orders and interlocutory decrees made therein, and with a statement of the costs. The chancery district court of Richmond is hereby authorised and empowered, to proceed in, and to decide the causes thus transmitted, in the same manner as if they had been originally instituted therein. And causes which are now or hereafter may be depending in the chancery district court of Richmond, and in which the judge of that court may be interested, shall be transmitted in manner aforesaid, to the chancery district court of Williamsburg, to be there proceeded in, and decided in the same manner as if they had been originally instituted in that court. ceeding in certain cases during a vacancy in the office of judge of said courts. 2. And be it further enacted, That pending any vacancy which Manner of promay hereafter be occasioned by the death, resignation, or removal of any judge of the Richmond, Staunton, or Williamsburg chances ry district courts, the judge of the chancery district court nearest to the district where such vacancy shall happen, is hereby autho rised and required to grant injunctions and writs of ne exeat, in the same manner as if the cause of any such application had originated in his own district. 3. This act shall commence and be in force from and after the passing thereof. CHAP. LXXXI. An Act authorising the Superintendant of the Manufactory of Arms to receive Apprentices on behalf of the State. [Passed February 3, 1806.] Commencement. 1. E it enacted by the General Assembly, That the superinten- Superintendant dant of the manufactory of arms in this commonwealth, of manufactory shall be, and he is, hereby authorised to receive apprentices, not exof arms may take apprentices. ceeding forty, to learn the art of making arms, upon the same terms that apprentices are usually received by mechanics within this state: Provided, That no apprentice shall be bound to the said su *See Revised Code, vol. 1, ch. 64, pa. 63-ch. 297, pa. 426-ch. 298, pa. 428ante ch. 29. † See acts of 1797, ch. 18, pa. 12. 1805. County courts may bind or. phans to superintendant. Commencement perintendant for a time less than five years, nor more than eight years. 2. And be it further enacted, That the county courts within this commonwealth, may, whenever they think proper, direct the overseers of the poor to bind the poor infants within, their respeċtive counties, to the superintendant of the manufactory of arms; and in such cases as well as in all others within the meaning of this act, the said superintendant, if required, shall enter into bond as agent of the state, for a compliance with such contract on his part. 3. This act shall commence and be in force from and after the passing thereof. Preamble. Judge of general court hereafter appointed, to attend courts al lotted to his predecessor. CHAP. LXXXII. An Act to amend an Act, entituled, " An Act reducing into one the several Acts concerning the Establishment, Jurisdiction and Pow ers of District Courts."* W [Passed February 3, 1806.] WHEREAS, doubts have arisen, whether it is lawful for a judge of the general court to sit as a judge of any district court, unless he had been allotted thereto by the general court: BE it therefore enacted by the General Assembly, That any judge of the general court hereafter appointed, shall attend such district courts as have been allotted to the person in whose stead he shall be appointed; or, shall it so happen, that during the sitting of the general court, there shall be a vacancy, they shall allot such judges as are in office to such courts as they may deem proper; and whenever the vacancy is filled, the person or persons appointed, shall at tend the district courts that were not filled by the allotment. 2. And be it further enacted, That it shall be lawful for Hugh Holmes, Esquire, to attend such district courts as were allotted to Creed Taylor, Esquire, by the last general court. Commencement. 3. This act shall commence and be in force from and after the passing thereof. Free negro or Duty of constables. CHAP. LXXXIII. An Act, concerning Free Negroes and Mulattoes.† [Passed February 4, 1806.] 1. BE it enacted by the General Assembly, That no free ne gro or mulatto shall be suffered to keep or carry any firelock of any kind, any military weapon, or any powder or lead, withOut first obtaining a license from the court of the county or corporation in which he resides, which license may at any time be withdrawn by an order of such court. Any free negro or mulatto who shall so offend, shall, on conviction before a justice of the peace, forfeit all such arms and ammunition to the use of the informer. 2. It shall be the duty of every constable to give information a • See Revised Code, vol. 1, ch. 66, pa. 72-ch. 192, pa. 348—post. ch. 108, See ante ch. 60, and notes subjoined. |