1807. tain conditions. shall be destroyed or rendered incapable of grinding for the public use, shall permit the same to remain in that condition for the space of three years without rebuilding such mill; it shall be lawful for the derman, &c. may person or persons entitled in remainder or reversion, (after the de- rebuild on certermination of either of the said particular estates therein, as the case may be) to such mill, to enter upon the premises at the expiration of the said three years, and rebuild such mill for his, her or their own use; and reversioners and remaindermen, as aforesaid, shall have the same length of time to rebuild, as is allowed at present by law to one obtaining an order on leave in the first instance to build a mill. 2. Be it further enacted, That before any reversioner or remain- Must sue out að derman shall have the right, as aforesaid, to rebuild any mill, he or quod damnu. they shall sue out his or their writ of ad quod damnum, whereupon a jury as in other cases shall assess the damages that will accrue to the tenant for life or years, which damages shall be paid to such tes nant, before an order shall be had to rebuild: Provided, That no- Proviso. thing in this act contained shall extend to infants, femes covert, persons imprisoned, persons of unsound mind, or beyond sers, until the expiration of three years from the removal of such disability. All acts and parts of acts coming within the purview of this act, shall be and they are hereby repealed. 3. This act shall commence and be in force from and after the Commencement} passing thereof. An Act for the Defence of the Eastern Frontier of this Commonwealth. 1 CHAP. CXXVIII. [Passed February 8, 1808.] E it enacted by the General Assembly, That the Executive of Executive to this Commonwealth be, and they are hereby authorised and cause cannon to required, to cause to be mounted on sufficient and proper carriages, be mounted. all the pieces of artillery belonging to this commonwealth, fit for service, the expense whereof shall be defrayed out of any monies in the treasury. gress being obtained, Execu tive to raise cight 2. And be it further enacted, That so soon as the consent of Con- Consent of Congress shall have been obtained, and the Executive shall deem it expedient, they shall cause to be raised for the service of this commonwealth, eight companies of artillerists, each company to consit companies of arof one captain, one first lieutenant, one second lieutenant, onethird tillerists, if they lieutenant, four sergeants, four corporals, two musicians, eight think it expediartificers, and fifty-six privates, whose monthly pay, rations, and en'. clothing, shall be the same as is allowed by the United States. Every recruit shall be enlisted for five years, unless sooner discharged; and shall on his enlistment receive a bounty of sixteen dollars. The men enlisted to serve in the said corps, shall be able bodied free white citizens, not less than five feet five inches high, and between the ages of eighteen and forty-five years, and such as owe allegiance to no foreign power: But no person under twentyone years of age shall be enlisted without the consent of his father, guardian, or master, as the case may be. same as in the ar 3. The compensation to be allowed for wounds or disabilities re- Gompensation, ceived by any person belonging to the said corps, while in the line &c. to soldiers. of his duty, in public service, shall be the same as is in like cases, my of the United allowed by the United States. And every person belonging to the states. 1807. To be governed by the articles of war, &c. Expense, how to be defrayed. To be employed at the discretion of the Executive. Executive to said corps shall take and subscribe the following oath: "I, A. B. "do swear that I will be true to the commonwealth of Virginia, and will se ve faithfully against all the enemies and opposers "thereof, an i obey the orders of the Governor, and the orders of "the Officers set over me, according to the rules and articles of "war." 4. The said corps of artillerists shall be in all respects subject to the rules and articles of war, which have been established by Congress, or by such ruies as shall be by law established. 5. The expense of raising and maintaining the said corps, shall be defrayed out of any money in the treasury. 6. The said corps shall be employed by the Governor or Chief Magis rate of this Commonwealth for the protection thereof, in such manner as he shall think proper. 7. And in order that the claim which this state will have upon cause correct acs the general government (who are bound to provide for the common counts to be kept, &c. defence) may be sufficiently authenticated, the executive shall cause to be kept correct accounts, supported by proper vouchers, of all the expenses incurred in raising and maintaining the said companies of artillerists. Commencement. Sheriff levying execution on pro perty how to pro 8. This act shall commence and be in force from and after the passing thereof. 1. BE CHAP. CXXIX. An Act concerning Sheriffs.* [Passed February 8, 1808] E it enacted by the General Assembly, That if any sheriff or other officer shall levy an execution on property, and a doubt seed where the shall arise whether the right of such property is in the debtor, or right is disputed. not, such sheriff or officer, may apply to the plaintiff, his attorney or agent, for his bond with good security for indemnification for the sale of the property seized; which, if the plaintiff, his attorney, or agent, refuses or fails to give, on or before the day of sale, the sheriff or other officer, shall be justified in delivering up such proper ty to the party from whose possession the property was taken. Proviso. Party Claiming. not to proceed a gainst sheriff' where obligors sufficient. Commencement. 2. And be it further enacted, That if such bond and security be given, it shall be returned with the execution to the office of the court from whence it issued; and any person claiming such property, may in the name of such officer, prosecute his or her suit up. on the bond, and recover such damages as the jury may assess; Provided nevertheless, That the party claiming such property, shall give to the plaintiff in such execution, his agent or attorney, reasonable notice of his claim, so as to enable him to give such bond and security, before the day of sale, which notice shall be proved to the satisfaction of the sheriff, or other officer, by the affidavit of some disinterested person, before he shall restore the property executed to the claimant. 3. And be it further enacted, That the party laying claim to the property, shall be barred of his right of action against the sheriff, unless the obligors in the bond aforesaid prove insolvent. 4. This act shall be in force from the passing thereof, Sec ante ch. 97, p. 122-and vol. 1, ch. 80, p. 120, CHAP. CXXX. An Act to amend the several Acts prescribing the mode of ascertaining the Taxable Property within the Commonwealth, and for Col-lecting the Public Revenue, and for other purposes.* 1 BE [Passed February 9, 1808.] 1807. of the Revenue E it enacted by the General Assembly, That the commission- Commissioners ers of the revenue within this commonwealth now in office, not to take list of shall not preceed in the present year to perform the duties required property the year of them by the eighth section of the act, entituled, "An act prescrib- 1808. ing the mode of ascertaining the taxable property within the commonwealth and of collecting the public revenue," but shall commence on the first day of March, in the year one thousand eight hun dred and nine, and proceed without delay through their respective At what time to districts, and call upon every person subject to taxation, or having commence, &c. property in his or her possession or care on which any tax is imposed, for a written list thereof, which list being corrected, if necessary, and distinctly read over by the commissioner, to the per son delivering the same, he or she shall then make oath or affirmation, that such list contains a just and true account of all persons,, and of every species of property in his or her possession or care within the district (land only excepted) subject to taxation on the last day of February then next preceding; and that no contract, change or removal whatever of property had been made or entered into, or any other method devised, practised or used, in order to evade the payment of taxes; which oath or affirmation the commissioner is hereby empowered and directed to administer. And every commissioner hereafter appointed shall begin to perform his duty on the first day of March annually, and his list of taxable property and land shall have relation to the last day of February preceding, and every list hereafter taken, shall be returned to the persons directed by law, on or before the thirty-first of May in every year. Vacancies which may happen in the office of commissioner of the revenue, may be supplied by the several county and corporation courts at any of their stated sessions. 2. It shall be the duty of every sheriff and collector within this Sheriffs, how to commonwealth, to proceed to collect in the present year one thou- proceed in collecting taxes, sand eight hundred and eight, all taxes imposed by law, agreeably to the lists taken and returned by the commissioners of the revenue in the year one thousand eight hundred and seven. And the taxes agreeably to lists hereafter to be taken by the commissioners of the revenue, commencing the first day of March, in the year one thou sand eight hundred and nine, shall be collected by the sheriffs of the several counties within this commonwealth, in the same year, one thousand eight hundred and nine, in which the lists shall be so taken by the commissioners, and in like manner in each and every year thereafter. And the sheriffs shall on or before the first day When to pay moof November in each year, instead of the first day of October, pay ney into the trea into the treasury all taxes to be by them collected in such year- sury. And on motion hereafter to be made against any sheriff for judgment by reason of his failing to pay such taxes, no notice thereof shall be necessary: Provided always, That if such motion shall not Proviso. be made at the term of the general court next after the said taxes * See ante ch. 40, p. 68, and notes subjoined, 1807. clerks. shall become due and payable into the treasury, such sheriff or other officer failing to make payment as aforesaid, shall have ten days notice as heretofore. Ordinary license 3. Be it further enacted, That the tax required by law to be paid tax to be paid to by persons obtaining licenses to keep ordinaries, shall hereafter be paid to the clerks of the several county and corporation courts, instead of the sheriff's and sergeants of the respective counties and cor. porations; and the said clerks shall account for and pay the same into the treasury at the same time, under the same penalties, be liable to the like recovery against them, in case of delinquency, and be allowed for collecting, the same commission as is prescribed by law in respect to other taxes, to be collected and accounted for by them. County levies, when to be laid Overseers of poor, when to hold annual Inceting. 4. Be it further enacted, That the county levies shall hereafter be laid at the courts to be held in the respective counties in May or June in each year, instead of the time now prescribed by law; and the sheriffs of the several counties shall account for and pay the same according to law, on the first day of November, instead of the first day of October in every year. 5. Be it further enacted, That the overseers of the poor in each county shall hereafter hold their annual meeting and assess the poor rates on the fourth Monday in May, in the year one thousand eight hundred and nine, and in every succeeding year thereafter: and the collector of such rates, shall in future account for and pay the same according to law, on the first day of November in every year. Clerks of courts, 6. And be it further enacted, That the clerks of the several courts when to deliver within this commonwealth, shall hereafter deliver the tickets of their tickets. their fees to the sheriffs of the respective counties or sergeants of the respective corporations, on or before the first day of May in each year; and the said sheriffs and sergeants, shall account for and pay the same according to law, on or before the first day of November in every year. Proviso. Repealing clause 7. All acts and parts of acts, coming within the purview of this act, shall be and are hereby repealed. But nothing in this act contained shall be construed to alter, or dispense with, any of the duties assigned by law to the commissioners of the revenue, except so far as is herein expressly directed. Commencement 8. This act shall commence and be in force from the passing thereof. CHAP. CXXXI. An Act further to amend the Laws respecting the Militia of this Officer comman- 1 Commonwealth.* [Passed February 9, 1808.] E it enacted by the General Assembly, that until a sufficient ding may employ number of drummers and fifers shall be procured for each drummer & fifer. regiment of militia, agreeably to the fifty-sixth section of the law passed the twenty-eighth day of January, one thousand eight hundred and four, it shall be lawful for each officer commanding a battalion or company, to employ a drummer and fifer to attend his muster, and the drummer and fifer so attending, shall be paid out See ante ch. 36, p. 39, and notes. 1807. of the militia fines collected in the regiment, to which such battalion or company may belong, a sum not exceeding one dollar and twenty-five cents each, And the captains of light companies are hereby authorised and empowered to enlist such musicians as they Captains of light may think necessary for the service of their respective companies; enlist musicians. companies may but any musician so enlisted, shall not be entitled to any compensation unless when in actual service. trumpeter. 2. And be it further enacted, That until proper musicians can be Captain of Caval-, trained in the several troops of cavalry in this commonwealth, it Ty may employ shall be lawful for the captain commanding any such troop, to employ a trumpeter to attend on any regular parade of said troop, whose services shall be paid for out of the like fund, and in like manner, as is provided for musicians in the infantry, by the above section. 3. Be it further enacted, That every non-commissioned officer Fines for not at and soldier, failing to attend any regimental, battalion, or compa- tending muster.. ny muster, (not having a reasonable excuse, to be judged of by the battalion or regimental courts of enquiry) shall be fined in a sum not less than seventy-five cents, nor more than three dollars ; which fines, when assessed, shall be collected and accounted for as heretofore. His compensati or. 4. Be it further enacted, That whenever a court martial shall be Court Martial to convened for the trial of any commissioned officer, it shall be law- appoint a Clerk. ful for such court to appoint such person as the members thereof may think fit, to act as clerk, or judge advocate, and the clerk, or judge advocate, so appointed, shali receive a compensation for his services, to be judged of by the court before whom he shall have rendered the same, and to be paid out of the contingent fund. And the person appointed to summon any such court martial, shall receive compensation for his services, to be adjudged and paid in like manner. fact. 5. And be it further enacted, That whenever a court martial shall Number of wit hereafter convene for the trial of any commissioned officer, it shall nesses to each not be lawful to summon more than three witnesses, to depose to the same fact, and if more be summoned, their attendance shall be paid by the party at whose instance they shall attend. more than one 6. Be it further enacted, That hereafter no commissions shall be No commissions granted for more than one company of grenadiers, light infantry, to be granted for or riflemen, to each battalion of the militia of this commonwealth, light company to So much of any act, as directs that caps and uniforms for grena- a battalion. diers, light infantry, and riflemen, shall be purchased out of the money arising from fines on delinquents, shall be and the same is hereby repealed. 7. Be it further enacted, That if any non-commissioned officer Penalty for fail or private, at any muster, shall fail to go into the ranks when re- ing to go into the ranks. quired, or to perform any order given, (not having a reasonable excuse, to be judged of by a court of enquiry) such non-commissioned officer, or soldier, shall be fined in a sum not less than five nor more than ten dollars. 8 Be it further enacted, That no company of militia shall exceed the number of eighty, nor be less than forty, rank and file, and whenever any company district shall contain more than eighty persons, subject to be enrolled in the militia, by the captain or commanding officer thereof, the same shall be divided into two Number of men in a company iiitd. |