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CHAP. XXIV.

An Act to enable persons in custody on behalf of the commonwealth to take the oath of insolvency.

[Passed December 28, 1803.]

!. B” it enacted by the General Assembly, That from and after

the passing of this act it shall be the right of every person on whom any fine or amercement has been or hereafter shall be imposed by the judgment of any court, and who by such judgment is directed to stand committed until the fine or amercement is paid, or who is or shall be in custody by virtue of any capia's pro fine or execution on behalf of the commonwealth, to take the oath of insolvency in the same manner as is now directed by law in the case of insolvent debtors, and shall thereupon be discharged out of custo

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dy: Provided nevertheless, That nothing in this act contained shall Provisa.

be so construed as to comprehend cases when by the judgment of any court a certain period of imprisonment is imposed as a Punishment, but in every such case the party shall remain in custody until such period is expired, or until he or she shall be otherwise discharg— ed by due course of law. - -

2. And be it further ehacted, That the property and effects surrendered by such insolvent shall be sold by the sheriff in the same manner as is now directed by law in the case of insolvent debtors, of which the sheriff shall return an account to the clerk of the court in which such judgment was rendered within thirty days thereafter under the penalty of one hundred dollars for every failure, to be recowered by motion in the said court: and it shall be the duty of the attorney prosecuting on behalf of the commonwealth in such court to move against such sheriff: Provided, That he have ten days previous notice of such motion.

3. The clerks shall certify the amount or proceeds of such sales, and the sheriff shall account for them in the same manner as is now directed by law in other cases of fines.

4. This act shall commence and be in force from and after the passing thereof.

. CHAP. XXV.

An Act for the reimbursement of certain expenses incurred by the
Overseers of the Poor.”

[Passed January 3, 1804.]

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HERE AS it is represented that certain suits have been in- Fream".

stituted in the courts of this commonwealth against the over

seers of the poor in sundry counties to prohibit them from proceed

ing under the act passed the 12th day of January 1802, entituled, * An act concerning the Glebe lands and churches within this commonwealth,” and it is unreasonable that they should be compelled to pay out of their own estates, the costs that have been or may be incurred by them in defending the said suits;

1. Be it therefore enacted, That the expenses which have been, or Howevenues in

shall be incurred by the overseers of the poor of any county in de

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sending the said suits, or any other suit or suits of the like nature, § overseers of which may hereafter be instituted, shall be levied by the court of ..." 18O3. such county upon the tithables thereof, and paid by the collector of \-y—’ the county levy by an order of the court.

* Sec Revised Code, vol. 1, chap. 289, pag 421.

Commencement. 2. This act shall be in force from the passing thereof.

* * CHAP. XXVI. An Act to prevent the destruction of Oysters within this Commonwealth. [Passed January 6, 1804.]

Wi. EREAS it is represented to this General Assembly that

Preamble. - - - ** - - - -
* - the quantity of oysters in the rivers and creeks within this

some time since prevailed, of collecting large quantities of oysters and burning them for the purpose of obtaining lime from the shells.

o siestroying oy- hereafter burn or cause to be burnt any oysters taken out of any risuci's. ver or creek within this commonwealth for the purpose of obtaining lime therefrom, or for any other purpose by which such quantity of

|| || ovsters will be wasted or destroyed, he or they shall for every such

persons fined for 1. BE it therefore enacted, That if any person or persons shall o

* gistrate, one moiety to the informer, the other moiety to the over* . seers of the poor for the use of the county: Provided, That nothing - * * herein contained shall be so construed as to prevent any person from burning oyster shells after the oysters have been used.

2. This act shall commence and be in force from and after the

Commencement. -
- passing thereof.

CHAP. XXVII.
An Act to amend an act, entituled “An act concerning estrays.”
[Passed January 16, 1804.]

How, estrays 1. E it enacted by the General Assembly, That if the valuation of * advertis- any estray, which shall be taken up under the act, entituled o “an act concerning estrays,” shall exceed twenty shillings, it shall be o sufficient for the taker up thereof, instead of publishing in the Virgio nia Gazette, the notice and certificate in the manner required by the third section of the said act, to cause the same to be published in | any newspaper that may be printed nearest to the place where such 'o estray may have been taken up, and in every case where the owner cstray. of an estray shall demand the valuation money therefor, or receive | -- the estray again, he shall, besides paying thereout the clerks’ and printers’ fees, in lieu of the other charges by the said act allowed, pay to the person entitled thereto, such compensation for keeping and supporting such estray, as shall be adjudged reasonable by any two free-holders, to be first sworn by a justice of the peace, in the county where such estray may have been taken up. So much of the third section of the above recited act, as comes within the purview of this act, shall be and are hereby repealed.

Commencement. , 2. This act shall commence and be in force from and after the passing thereof. - - - - - - - ,

* See Revised Code, vol. 1, chap. 16, page 18,

commonwealth is greatly diminished by a practice which has for

offence forfeit and pay ten dollars, recoverable before a single ma

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CHAP. XXVII". 18O3.

An Act to amend the seventeenth section of the act, entituled “An act

“reducing into one the several acts concerning the fees of certain
“officers, and declaring the mode of discharging the said fees and
“county levies.”
[Passed January 20, 1804.]

1. Bo it enacted by the General Assembly, That the clerks of the clerks of chan

several superior courts of chancery shall receive for services cery courts alrendered the commonwealth, the same fees as are by law allowed loo for similar services in suits and controversies between individuals, io. oad no other compensation or allowance. Their fee bills against the dividuals. tommonwealth, having been first examined and certified by their reopective courts, shall be paid, on a warrant frc;m the auditor, out of ony money in the treasury.

2. All acts or parts of acts, coming within the purview of this act, Repealing shall be, and the same are hereby repealed. - clause.

3. This act shall commence and be in force from and after the commencement. Passing thereof.

CHAP. XXIX.

An Act concerning the proceedings in Courts of Chancery, and for other purposes.

[Passed January 20, 1804.]

1. B E it enacted by the General Assembly, That from and after the chancery courts

commencement of this act, the several courts within this may award interest oil final de

crecs.

commonwealth having original chancery jurisdiction, shall have power and authority in all cases where by any final decree, any sum or sums of money, or quantity of tobacco are directed to be paid to either party, to award interest until the same shall be paid, any law or custom to the contrary notwithstanding.

2. And be it further enacted, That the court of appeals, and the court of appeals several district courts of chancery, in all cases where any decree ren- "loh"noy dered for any sum of money or quantity of tobacco, shall, on appeal oil..". therefrom, be affirmed, shall award to the appellee, damages at the joindecrees rate of ten per centum per ammum on the whole amount, (including upon appeals. the cost) for which such decree was rendered, from the time the appeal was obtained until the affirmance in the appellate court, in satisfaction of all damages or interest, and legal interest from that time

until the same shall be paid.

3. And be it further enacted, That in all cases where hereafter any Dissolved ininjunction shall be wholly dissolved, the bill of the complainant shall o stand dismissed of course, with costs, unless sufficient cause is shewn 2- * | Wit gainst such dismission at the next term, where the same shall be in the * district'courts of chancery; and where the same shall be in any of the Proviso. inferior courts, at or before the second court, let the same be monthly or quarterly thereafter. And it shall be the duty of the several clerks of the said courts to enter such dismission on the last day of

the terms aforesaid. - Courts to award

4. And be it further enacted, That where any injunction shall be . * against hereafter obtained, to stav the proceedings on any judgment render, '''''''"..."are ed in any of the courts of this commonwealth, for money or tobac- dissolved.

w 30 IN THE Twenty-EIGHTH YEAR. or ris E Commonwealtir. -

1803. co, and such injunction shall be dissolved wholly or in part, dama, *-Y-4 ges at the rate of ten per centum per annum from the time the injunction was awarded, until the dissolution, shall be paid to the party on whose behalf such judgment was obtained, on such sum as apclerks of dis- pears to be due, including the costs; and where any such injunctito cours to on shall be depending in the tistrict courts of chancery, the clerk, o: of such court, shall, on dissolution thereof, certify to the clerk of ... .';..." the courtwherein the judgment was obtained,the orderof dissolution, Guuji'ls. . as also the time of granting and dissolving such injunction, and the - - clerk shall issue the execution according to the provisions of this Damages on act; and in all cases where a forthcoming bond has been executed {...". to by the complainant in such injunction, and no judgment rendered i."...” “ thereupon, the court in which cxecution is awarded, shall direct the said damages to be included in the judgment, which shall be in saProviso. tisfaction of all interest and damages during the time aforesaid: Provided nevertheless, that where the injunction is granted in order to obtain a discovery, or any part of the judgment shall remain injoined, the court wherein the injunction shall be depending, may, if it appear to them just, direct that no such damages shall be paid by the complainant, or such proportion, as according to equity, they deem expedient; and the clerk of the court where the judgment was rendered, or the court by whom execution shall be awarded, shall govern themselves accordingly. *

Interest to be al. , 5. And be it further enacted, That upon all judgments rendered . !. k2 o by the courts of common law, in actions founded on contracts, inteJudgments. rest shall be awarded on the principal sum or damages recovered,

and costs, until such judgment shall be satisfied. (a) *...* 6. And be it enacted, That hereafter the chancery court for the coort day alter. district of Staunton, shall be holden on the tenth day of July, instead ed. of the first, unless that day be on Sunday; in such case, it shall be

holden on the succeeding day.

Commcncement. 7. This act shall commence and be in force from and after the first day of May next.

CHAP. XXX.
An Act to amend the act, entituled “An act concerning Escheators.”

[Passed January 21, 1804.]

Tuty of the com- 1. E it enacted by the General Assembly, That it shall be the ofue duty of the commissioners of the revenue, on or before the revenue. first day of January annually, to furnish a list to the escheators of

their counties of all lands within their respective precincts, of which any person hath died seized of an estate of inheritance, intestate, and without any heir known to the said commissioners, or to which penalty for fai- no person is entitled to their knowledge. Any commissioner failing lure of duty. herein shall forfeit and pay the sum of fifty dollars, to be recovered by action of debt in any court of record, one half of which shall be to the use of the commonwealth, and the other half to the informer.

(a) This section explained and amended by act of 1804, ch. 8, pa. 8, sec. 2, of sessions acts. See post ch. 57.

* See Revised Code, vol. 1, chap. 82 pa. 126—chap. 180, pa. 328—chap. 224,

pa. 375—chap. 230, pa. 379. By this last mentioned act, creditors of a deceased

erson whose land is escheated to the commonwealth may petition the general court, in which case the treasurer is to be made a party,

2. It shall be the duty of every escheator, on receiving such insormation from a commissioner of the revenue, or from any other perwon, to proceed to hold his inquest to determine whether any such tract of land hath escheated to the commonwealth, under to penalty of fifty dollars, to be recovered and appropriated as aforesaid for failing to hold any such inquest.

3. And be it further enacted, That where any person shall die indebted seized of lands which shall become escheat to the commonwealth, not having personal property sufficient to pay such debts, the creditor may exhibit his petition before the court of the county in which such escheat shall take place, or in the court of the district wherein such county is situated, making the escheator of such county, a party defendant, who shall defend such claim, and the said court shall proceed to judgment according to the right of the case, and render the same for such sum as sho! appear to be due to such petitioner, if any thing; and it shall be the duty of such tscheator on such judgment being rendered, to satisfy and pay the amount thereof, if the proceeds of the sale shall be sufficient and yet in his hands, and if the same shall have been paid into the treasury, the auditor shall and he is hereby required, on a copy of such judg

ment properly authenticated being filed, to issue a warrant, and the

treasurer shall pay the amount, or so much as has been received on

account of such sale.

4. This act shall be in force from the first day of May next.

CHAP. XXXI. An Act to amend an act, entituled, “An act to amend an act, entitotled, an act for appointing Electors to choose a President and Vice-President of the United States.* [Passed January 21, 1804.]

1. Bo it enacted by the General Assembly, That the persons qua

lified to vote for electors of a president and vice-president of the United States, under the act entituled, “an act, for appointing electors to choose a president and vice-president of the United States,” (a) shalleach vote hereafter for twenty-four electors, in manher herein directed. . Every voter shall vote for one person residing in each electoral district as arranged by this act ; for which purpose, the counties of Norfolk, Princess Anne, Nansemond and borough of Norfolk, shall compose one district; the counties of Surry, Isle of Wight, and Prince George, one other district ; the counties of Sussex, Dinwiddie and Southampton, one other district; the counties of Brunswick, Lunenburg, Mecklenburg and Greensville, one other district ; the counties of Charlotte, Halifax and Prince Edward, one other district; the counties of Amelia, Chesterfield, Cum. berland, Nottoway and Powhatan, one other district; the counties of Albemarle, Amherst, Buckingham and Fluvanna, one other district; the counties of Franklin, Pittsylvania, Campbell, Bedford, Henry and Patrick, one other district; the counties of Goochland, Henrico, Louisa and City of Richmond, one other district; the counties of Hanover and Caroline, one other district; the counties

"Firstlawfor appointing twelve electors, sessions acts of 1788, ch. 1, pa. 1, by districts. Sess. acts of 1792, ch. 30, pa. 87, twenty-one electors, by districts—(1799) Revised Code, vol. 1, ch. 254, pa. 393, twenty-one electors by a general ticket.

(a) Passed October 19th, 1792-see sess. acts of 1792, p2.87.

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