1806. Powers of agents. Proviso. Compensation to agents. Additional com. pensation when money is recovered out of the state. Commencement! Preamble. County courts in ber every year to to sheriffs for keeping stock, cxecution. And they are moreover empowered to remove from office any such agent for good cause, and appoint another in his stead. 8. And be it further enacted, That the powers vested in the agents to be appointed under this act shall extend to all defaulters who stand indebted to the public, of whatsoever description they may be Provided, Such debt became due prior to the first day of November, one thousand eight hundred and two. 9. Each agent shall be allowed and paid by the Executive, out of the said arrearages, not less than seven and one half per centum, nor more than twenty-five per centum on the monies actually paid into the public treasury. 10. And be it further enacted, That where any such arrears cannot be recovered within this commonwealth, because of the removal out of this state of the sheriffs or collectors, or their securities, who may owe such arrears, the executive shall allow such agent an additional per centum on all monies which may be thus collected, not exceeding in the whole thirty-three and one third per cen tum. 11. This act shall commence in force from the passing thereof, CHAP. CVII. An Act to amend an Act to continue and amend an Act for further continuing and amending the Act, entituled, " An Act for reducing into one the several Acts concerning Executions, and for the relief of Insolvent Debtors." [Passed January 19, 1807.] WHEREAS the tenth section of the act, "To continue and amend an act, for further continuing and amending the act, entituled an act for reducing into one the several acts concerning executions, and for the relief of insolvent debtors,(a) hath been found to operate unequally and injuriously, by allowing the same compensation to sheriffs or other officers, for supporting slaves and live stock taken in execution or by attachment, at all seasons of the year and in every part of the commonwealth, when the means of their sustenance fluctuate with the seasons and are of different value in different situations : 1. BE it therefore enacted by the General Assembly, That the county and corporation courts within this commonwealth, shall be, and they respectively are authorised and empowered, in the months of May and October in each and every year, to settle and adjust the compensation to be allowed to sheriffs or other officers within &c. taken under their respective counties, for supporting slaves or live stock taken by any writ of attachment or execution, till the same be sold or otherwise legally discharged from such attachment or execution; Provided, The allowance so made shall not exceed twenty cents per day for each slave, seventeen cents per day for each horse or mule, nine cents per day for each head of horned cattle or hog, and six cents per day for every sheep or goat; which allowance, so adjusted and settled, shall be by the sheriff or other officer, performing (a) See Rev. Code, vol. 1, chap. 176, pa. 324 the duty, charged, collected and paid, in the same manner, and by the said party, as is directed by the aforementioned act. 1806. benefit of bounds 2. And be it further enacted, That if any person or persons tak- Person put in en or charged in execution, shall enter into bond, with good and prison to have sufficient security, under a reasonable penalty, upon condition that for one year only. he, she or they shall not depart or go out of the rules or bounds of the prison, to which he, she or they be committed, it shall be lawful for the sheriff or other officer in whose custody such prisoner or prisoners shall be, to permit him, her, or them to go out of the prison and return again at pleasure during one year after the date of such bond; after the expiration of which time, if the person or persons so taken or charged in execution shall not be discharged by due course of law, it shall be the duty of the sheriff, or other officer to whose custody such person or persons were committed, to recommit him, her, or them to close jail and confinement, from which such person or persons shall not thereafter be discharged until the debt or demand for which he, she or they were taken or charged in execution shall be paid; or until he, she or they shall have taken and subscribed the oath and schedule, and shall have made the delivery or transfer of his, her or their property required by law for the discharge of insolvent debtors.(b) 3. This act shall commence and be in force from and after the Commencement first day of May next. CHAP. CVIII. An Act concerning District Courts, and concerning the Assignors af Bonds, Bills and Obligations. [Passed January 19, 1807.] E it enacted by the General Assembly, That whensoever General court 1. Birot from any cause it shall so happen that the regular session failing to allot of the general court shall not be holden, so that an allotment of the judges to disdistricts among the judges shall fail to be made by that court, the ment to stand. several judges shall attend to hold courts in the several districts to which they were last allotted. (c) tricts last allot 2. And be it further enacted, That when any suit or action shall Suit removed by hereafter be removed from any county or corporation court, to any habeas corpus or district court by writ of habeas corpus or certiorari, such cause certiorari to shall be placed in the same situation in such district court as it stand as it did, stood in the inferior court when such writ of habeas corpus or certiorari was delivered. And it shall be the duty of every such district court to proceed to a final judgment in the manner such inferior court ought to have done, without any new pleadings, unless the same would have been proper if such suit had remained in the inferior court.(d) 3. And be it further enacted, That the assignee or assignees, his, Assignee may her or their executors or administrators, of any bill, note or obli- recover from any gation, shall hereafter be entitled to recover from any previous as- previous assign signor or assignors, his, her or their executors or administrators: (b) See Revised Code, vol. 1, ch. 151, sec. 37, pa. 303. (c) Allotments of the judges prescribed by act of 1788, ch. 67, sec. 4, pa. 30~ See also Rey. Code, vol. 1, ch. 192, pa. 348-ante ch. 82. (d) See Rev. Code, vol. 1, ch. 66, sec. 22, pa. 77. or. 1806. ها Proviso. Commencement mond district. Provided, That in any suit brought against a remote assignor or assignors, his, her or their executors or administrators, he, she or they shall be subject only to such recovery, and shall have the benefit of the same défence as if the suit had been instituted by the immediate assignee or assignees. And provided also, That no joint action shall be commenced or prosecuted against any two or more persons, unless where they shall be joint assignors. But nothing in this act contained shall be so construed as, in any manner, to abridge or destroy any rights which indorsees of bills of exchange, or assignees of bonds, notes and obligations now are entitled to by law.(a) 4. And be it further enacted, That the court directed to be hola of term in Rich- den in the city of Richmond, for the district composed of the counties of Henrico, Hanover, Chesterfield, Goochland and Powhatan, shall hereafter commence on the twenty-eighth day of March and twenty-eighth day of August in every year, and continue, if business requires, fifteen juridical days. If any of the said days should happen on a Sunday, such court shall commence on the suc ceeding day.(b) Commencement. Mode of proceeding where taxes are not 5. This act shall commence and be in force from and after the first day of April next. CHAP. CIX. An Act to amend an Act, entituled," An Act more effectually to provide for the Payment of Taxes upon Lands within this Commonwealth.* 1. [Passed January 20, 1807.] E it enacted by the General Assembly, That when the taxes paid upon lands. mained, or shall hereafter remain unpaid for the space of two years, such tract or parcel of land shall be forfeited to the commonwealth, and shall not be subject to location. Provided nevertheless, That the tract or parcel of land so as aforesaid forfeited, shall be subject to the redemption of the former rightful and proper owner at any time within three years after such forfeiture shall have accrued, upon payment of the taxes due thereupon, according to the following rules, to wit: That if the said taxes shall be paid in the first year after such forfeiture shall have accrued, there shall be paid an interest of twenty-five per centum per annum on the amount of the said taxes from the time they became due, till paid: If the said taxes shall be paid in the second year after such forfeiture shall have accrued, there shall be paid an interest of fifty per centum per annum on the amount of taxes due as aforesaid: If the said taxes shall be paid in the third year after such forfeiture shall have accrued, there shall be paid an interest of one hundred per centum per annum, as aforesaid: Provided also, That nothing in this act shall be so construed as to affect the rights of infants, femes covert, or persons of unsound mind, until one year after the disabi Proviso. (a) See Rev. Code, vol. 1, ch. 29, pa, 36-ch. 191, pa. 348. See ante chap. 20-chap. 79. lities shall have ceased, on their paying all taxes due, with an interest thereon at the rate of ten per centum per annum on the amount due as aforesaid. 2. All acts and parts of acts coming within the purview of this act, are hereby repealed. 1806. Repealing clause. 3. This act shall commence and be in force from and after the first Commencement, day of March next. 1. CHAP. CX. An Act respecting the Militia of this Commonwealth.* [Passed January 20, 1807.] E it enacted by the General Assembly, That when applicati Officer applied! to to arrest ano Bon shall be made for the arrest of any officer, in all such ther to deter cases, the commanding officer to whom such application shall be mine if offence is made, shall determine whether the offence be cognizable before a cognizable by military tribunal: and in all such cases, the charge or charges ex- Charge to be military tribunal, hibited against such officer, shall be supported by affidavit. Supported by affidavit. 2. No officer shall be arrested for any act of which he may be No arrest to take alledged to have been guilty two years previous to the application place after two for such arrest. years missions. 3. If any militia officer shall be convicted of felony, or of any Certain offences misdemeanor punishable by confinement in the penitentiary house, to vacate com. or by stripes; or of perjury or forgery, such conviction shall completely supersede and annul his commission, and the office which he filled shall be deemed vacant. 4. When the officers of any troop of cavalry or company of ar- Officers of light tillery, light infantry, grenadiers or riflemen, shall fail, or have fail- infantry, &c. failed, to keep the number of such troop or company equal to one half ing to keep company full for one its full number, for the space of one year, the governor, with ad- year, governor vice of council, may issue commissions for officers to command an- may issue comother troop or company, to be annexed to the same regiment, thers. which shall completely supersede the commissions issued to the officers of the former troop or company. mission to o 5. It shall be the duty of the officers of artillery and cavalry to Officers of caval attend the training of officers in the regiment wherein they respec- ry and artillery tively reside, and shall be subject to the same penalties on failure to attend train. ing of officers. as other officers of equal rank. 6. And be it further enacted, That none of the volunteer com- Volunteer companies of militia hereafter enlisted shall consist of more than se- panies not to exventy-five men rank and file. ceed 75. 7. And be it further enacted, That every person hereafter com- Officer to qualimissioned as a field officer, captain or subaltern, shall, within one fy within one month after he shall have received his commission, take the oaths month after receiving commisprescribed by law, and, in case of failure, he shall be considered as sion. having vacated his commission; and it shall be the duty of the court of the county wherein such person has been nominated, to proceed forthwith to nominate some other person to supply the vacancy; and in such nomination to certify the cause thereof to the executive. * See ante chap. 36, and notes subjoined. T 1806. Regulations as to public arms. Duties ofofficers whose companies have been armed. Duties of officers of battalions to whom arms have been delivered. Duties of com manding officer of companies. 8. And be it further enacted, That wherever the public arms have not been collected and distributed agreeably to the provisions of the act passed at the last session, it shall be the duty of the ma jor or commandant of every battalion where such failure has taken place, forthwith to collect and distribute such arms in the manner directed by the said act. And it shall be the duty of every noncommissioned officer or private, having in his possession any arms distributed before the fourth day of February, one thousand eight hundred and six, to deliver the same, with the accoutrements he may have received, to the commanding officer of the company to which he does, or did belong. Every non-commissioned officer or private neglecting or refusing to deliver such arms or accoutrements when thereto required by such commanding officer, shall forfeit and pay the sum of ten dollars, to be adjudged, collected and applied as other militia fines are. 9. And be it further enacted, That every person who now does command, or heretofore has commanded any company of militia within this commonwealth to whom any public arms have been delivered under the provisions of any act of the general assembly for distribution previous to the fourth day of February, one thousand eight hundred and six, shall, on or before the first day of October, deliver to the major or commandant of the battalion to which such company may belong, all the arms and accoutrements received by him before said time, and which may be delivered to him under the provisions of this act, or he shall deliver the receipts of the non-commissioned officers and privates to whom any arms have been distributed to such major or commandant. Every per son failing herein shall forfeit and pay for every stand of arms for which he fails to deliver a receipt, the sum of ten dollars, to be adjudged, collected and applied as other militia fines are: and such person shall moreover be liable in the sum of twenty dollars for every stand of arms by him lost, destroyed or disposed of for his private emolument, to be recovered by motion, on ten days previous notice, in the court of the county in which such person may reside, in the name of the governor for the time being, and to be certified, collected and accounted for by the sheriff in the manner as fines, forfeitures and amercements are. 10. And be it further enacted, That every person, being heretofore a major or commandant of any battalion of militia, and to whom any arms or accoutrements have been delivered for distribution prior to the fourth day of February, one thousand eight hundred and six, shall deliver to the major now commanding such battalion, before the first day of August next, all the arms and accoutrements undistributed, and where such arms, or any part of them, have been distributed, he shall deliver the receipts of the officers commanding companies. Every person failing herein shall forfeit and pay the sum of ten dollars for every stand of arms, or receipt for the same, which he shall fail to deliver; to be adjudged, collected and accounted for as other militia fines are. 11. And be it further enacted, That it shall be the duty of the commanding officer of every company, who has demanded, or shall demand of any non-commissioned officer or private any arms or accoutrements under the provisions of this act, and where such arms or accoutrements have not been delivered, to apply to any justice of the peace of the county where such arms or accoutre |