" commencement thereof be particularly mentioned; and, in the former case, th "day of passing thereof, shall be noted next after the title." In 1789, (four year afterwards,) (f) an act passed, the 2nd section of which, declares, that," Every "act passed during any stated annual session, shall commence in force on the first "day of March, then next ensuing, unless, in the act itself, another day be particularly mentioned for the commencement thereof." The committee of revisors reported a bill, the title of which, was, "A Bill concerning election of members of General Assembly; AND DECLARING WHEN ACTS OF ASSEMBLY SHALL COMMENCE IN FORCE," (g.) In this bill, they retained such parts of the act of 1785 as were in force, and particularly substituted the 2nd section of the act of 1789 for the 22nd section of the act of 1785. (h.) But when the act of 1785 was republished from its title, the 22nd section was, of course, retained, and the 2nd section of the act of 1789 rejected. The above is but one, among many instances, in which laws in force were omitted in the Revised Code, from the peculiar mode of publication. An Another circumstance which produced many omissions was this: The legislature, in providing for a republication of the laws by the act of 1792, (i) directed that the Declaration of Rights, and Constitution of this Commonwealth, should be prefixed to the Code; that certain acts should be published from their titles; and that these, together with the laws, as revised and enacted during that session, should be printed; but, with respect to the acts of a public nature originally passed at the session of 1792, the law was silent. This edition was not printed till the year 1794; and, though it purported to contain all the public acts from 1792, to 1794, inclusively, yet it will be found, that some of those which, for the first time, passed at the session of 1792, were omitted, as we' as others of 1793, and 1794. act of 1792, To amend "An act authorising the Executive to direct the sheriffs to "sell certain lands the property of the commonwealth," and another," To provide "more effectually for the collection of the public taxes in certain cases," which were omitted in the edition of 1794, were very properly introduced into the appendix to that of 1803, (k.) But the acts for "arranging the counties into districts, to choose representatives to congress;" "repealing the act providing a sinking fund for the gradual redemption of the public debt;"" repealing so much of a former law as prohibited the sale of goods, wares and merchandizes, at public vendue;" and for appointing electors to choose a President and Vice Pressident of the United "States," were omitted in both editions. They are therefore inserted in this, (l.) Until the act of 1792, a law was in force which prohibited, under severe penalties, the sale of goods at auction. It is only by the 2nd section of the act of the same session, for appointing electors to choose a President and Vice President of the United States, that the time is positively fixed for the people to meet, to vote for electors; the act of 1803, (m) only declaring, that the persons qualified to vote for electors, under the "act for appointing electors to choose a President and Vice President of the United States," shall each hereafter vote for twenty-four electors, without saying at what time they are to meet for that purpose. The edition of 1803 contained all the laws in that of 1794; and continued down the public acts to the end of the session of 1801; besides some acts of a public na ture inserted in the appendix. (f) See Appendix No. IX. p. (104,) sect. 2.-(g) See Revised Bills, 1792, vol. I. p. 7—(h) Ibid. sect. 25, p. 12-(i) See Revised Code, vol. I. ch. 149, p. 292, s. 1, 4.-(k) See Revised Code, vol. I. Appendix, ch. 5, p. 453, and ch. 6, p. 454. —(7) See Appendix No. IX. p. (114.) (118.)(m) See ch. 31, p. 31, of this vol. It would be useless here to enumerate all the acts of a public nature which have been omitted in the late revisals, as an inspection of Appendix No. IX. to this volume will exhibit them at one view. Two of those acts are, however, of such general importance, that it is deemed proper to notice them more particularly. By an act passed in 1794, entituled, "An act to amend the act prescribing the mode of ascertaining the taxable property within this commonwealth, and of collecting the public revenue," (n) there was a legislative exposition of the 35th section of the same act, as it passed in 1792, (0) by which, it was declared, that no land should be deemed forfeited for the non-payment of taxes, unless the returns and notices prescribed by the 34th section of the same law had been made and given. In 1796, another act passed, declaring, that "all entries thereafter made shall become void, “unless surveyed within two years after their date, and the lands subject to another “location," (p.) Both of these acts were omitted. Among the laws inserted under the title of "OMITTED ACTS," there are some which have been superseded by acts subsequently passed; but still, as rights have accrued under them, and they are of general concern, it was deemed expedient to retain them. Such are all the laws, relating to the sale of lands for the nonpayment of taxes. The collecting under one head the several laws concerning waste and unappropriated lands on the Eastern and Western waters will prevent the necessity of a laborious examination into this intricate branch of our statutes, whenever it may be necessary to recur to it. A list of titles of private and local acts (which had never been omitted till the edition of 1794,) is given, to aid the researches of those who may have occasion to refer to a law not to be found in any collection of public acts. But the most difficult, and, it is presumed, not the least useful, part of the compilation, has been the TABLE OF FINES, FORFEITURES, PENALTIES AND AMERCEMENTS, designating to what uses respectively appropriated. A collection of this kind has long been much wanted: for, while it will have a tendency to guard the people against incurring the penalties of the law, it will direct the right appli cation of fines, whenever they shall be imposed. If the value of this part of the work might be estimated by the time which it has taken to prepare it, the compiler would rate it at very little short of the price of the whole book. The whole of this volume, according to the original plan, had been printed off before the meeting of the last legislature; but the publication was suspended, in order to introduce the acts of the last session of the General Assembly; since which, some additional heads have been inserted; particularly the LIST OF TITLES OF PRIVATE AND LOCAL ACTS. To the whole, is subjoined, a very copious Index, referring to the section as well as the page; in the compilation of which, much time and labour have been bestowed, as may readily be inferred from the circumstance of its containing EIGHTY EIGHT pages. The publisher having embarked a large capital in this work, his own interest, as well as the importunities of the public, would have induced him to complete it as early as possible. If the publication has been delayed longer than was originally contemplated, he feels confident, that more than an adequate compensation will be afforded by the additional matter contained in the volume. (n) See Appendix No. IX. p. (125.)-(9) See Revised Code, vol. I. ch.83, p. 134.-(p) See Appendix No. IX. p. (129.) GENERAL ASSEMBLY, begun and held at the Capitol, in the City of Richmond, on Monday the girth day of December, one thousand eight hundred and two. CHAP. I. in Act authorising the several county and corporation courts within this commonwealth, to appoint one or more Master Commissioners for each of the said courts.* [Passed December 22, 1802.] Band corporation courts within That the poration courtsto apint one or more master commissioners, resident within their coun- commissioners. appoint master v or corporation; and in all cases in chancery therein depending, in >hich it may be deemed necessary to refer the accompts of the parties tigant to a commissioner, the said courts shall direct one of the said Their duty. ommissioners to examine, state and return the same, with his re port thereon to the court, and shall cause a reasonable allowance for Allowance tis services to be taxed in the bill of costs. services. for 2. This act shall commence and be in force from and after the pass- Commencement. ng thereof. CHAP. II. An Act more effectually to prevent malicious and vexatious suits.† THE [Passed January 2, 1803.] HE more effectually to prevent malicious and vexatious suits, trict, county and corporation courts within this commonwealth, shall Plaintiffs to give assault and battery and slander, to give security for the payment of costs in such action, and on failure to give such security within a reasonable On failure, suits time to be fixed on by the court, it shall be lawful for such court, and to be dismissed they are hereby directed to dismiss the same with costs: Provided, with costs. That nothing herein contained shall be so construed as to prevent poor persons from instituting suits as heretofore. 2. This act shall commence and be in force from and after the first Commencement. day of May next. CHAP. III. An Act raising the salary of the Clerk of Accounts in the Auditor's 1. BE Office. E it enacted by the General Assembly, That the auditor of Clerkofaccounts public accounts issue a warrant on the treasury for the dif- salary raised. Amended by act of 1805 as to the collection of their fees, &c.-see post ch. 67 -see, also, Rev. Code, vol. 1, ch. 64, sec. 57, pa. 68, and ch. 298, sec. 9, pa. 429, as to the appointment of commissioners in the superior courts of chancery. Ibid, ch. 114, sec. 3, pa. 216, as to the collection of their fees. Post ch. 103, sec. 1 and 7, as taking accounts in vacation and fees for copies of papers. † See Revised Code, vol. 1. ch. 76, sec. 16, pa. 109. b 1802. Enacting clause. Clerks of the general and district likewise to the auditor. ference of salary formerly received, and that which was received since the first of January, one thousand eight hundred and two, amounting to fifty-one dollars, sixty-six cents, each quarterly payment, to Joseph Jackson, clerk of accounts in the auditor's office; and that the salary of the clerk of accounts be, and the same is hereby raised equal to that received by the first clerk in the said office. (a) 2. This act shall commence and be in force from and after the passing thereof. CHAP. IV. An Act to provide more effectually for the collection of fines for the use of the Commonwealth.* B [Passed January 12, 1803.] 1. DE it enacted by the General Assembly, That if the clerk of the general court, or the clerk of any district court, shall fail to courts to trans- transmit to the sheriffs, lists of fines imposed by the said courts to the mit lists of fines use of the commonwealth, or to transmit copies thereof to the auditor to sheriffs and of public accounts, as now required by law; or if no such fines shall be imposed by such courts within the year preceding the period before which he ought to transmit such lists, and such clerk shall fail to certify to the auditor accordingly, he shall, for every such failure, forfeit and pay one hundred and fifty dollars, to be recovered by the auditor of public accounts on motion in the general court, to be applied to the use of the commonwealth, upon the parties having ten days previous notice of such motion. Penalty for neglect of duty and how recovered & appropriated. poration courts subject Cleiks of the 2. And be it further enacted, That the clerks of the several councounty and cor- ty and corporation courts, shall annually, before the last day of JanuSabfect to the ary, instead of the first of July, transmit to the sheriffs a list of all same duty, &c. as fines imposed by their respective courts in the year next preceding, clerks of the ge- to the use of the commonwealth, and certify copies of such lists to neral and district the auditor of public accounts; and the said sheriffs shall collect, levy and account for the said fines in the same manner and upon the same conditions, and be liable to the same penalties for failure therein, recoverable in like manner, as if they had been imposed by the general court, or a district court, courts. How fines collec 3. And be it further enacted, That all fines heretofore collected by ted and not paid the sheriff's of this commonwealth, or by any attorney prosecuting for into the treasury the commonwealth, and which shall not be paid into the treasury on may be recovercd. or before the first day of January next, shall be recoverable by the auditor, on motion in the general court, in the same manner as is directed by law for the recovery of the public taxes. Clerks to issue 4. And be it further enacted, That the clerk of any court imposing wilts against de a fine to the use of the commonwealth, shall, immediately after the Einquents. term at which such fine was imposed, issue a writ of fieri facias or capias ad satisfaciendum against the defendant or delinquent for the amount of such fine, which execution shall be directed, levied and accounted for as in other cases of executions on behalf of the commonwealth, and in every such case, the clerk shall note in his list of fines, that execution did issue for such fine or fines. Commencement. 5. This act shall be in force from the passing thereof. (a) See Revised Code, vol. 1, ch. 212, pa. 368. * See R. Code, v. 1, ch. 65, pa. 71, sec. 17-ch. 66, pa. 83 sec. 63—ch. 67, pa. 93, scc. 74. This act further amended by act of 1805—see post ch. 76-see also, post ch. 24, sec.3, CHAP. V. An Act for altering the time of holding Elections.† [Passed January 13, 1803.] 1802. 1. E it enacted by the General Assembly, That the elections of Days for holding the members of the legislature of this commonwealth, and elections. the members of the house of representatives of the United States, which this state is entitled, shall be held in the several counties -t corporations, on their respective court days in the month of A elections, time to meet. The meeting of the returning officers conducting the elections Officers condusCernators, shall be within five days, (a) and of members of con- ting rs, within ten days (b) after the last day of said elections, at the Where and what enthouse of the county, the name of which is first mentioned in the describing the district, and the said returning officers shall in all spects be governed by the rules and regulations at present estabshed by law. A freeholder shall only give one vote in a dis 2. Be it further enacted, That no frecholder shall vote more than wce for a senator or member of congress in the same district, at any tiet fra senator ne election. 1. ΟΙ mon ber of 3. This act shall commence and be in force from and after the Commercement. asing thereof. CHAP. VI. An Act for the distribution of Arms in certain cases.* [Passed January 13, 1803.] WHEREAS the distribution of arms to certain towns has Preamble. not been deemed completely adequate to the purpose inonded, and the security of the good people requires, that some further steps should be taken, to enable them effectually to defend themselves in certain emergencies. 2. Be it therefore enacted, That the governor with the advice of Executive to disSe council of state, be, and he is hereby authorised, at his discretion, tribute arias to arm such volunteer companies, and troops of cavalry, being com lete, as from their particular situation may require it. 3. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. VII. An Act to amend an act, entitled "An act to impose certain taxes on law process, and for other purposes."‡ [Passed January 14, 1803.] THEREAS it is represented to this general assembly, that sun- Preamble. dry notaries public have failed to account for and pay into ¡See R. Code, vol. 1, ch. 17, page 19—chap. 232, page 379.-chap. 250, pa. 391. 2) Formerly 20 days. See Revised Code, vol. 1, chap. 17, sec. 8. Afterwards red to 5 days. See Revised Code, vol. 1, chap. 250, sec. 5. Formerly 8 days. See Revised Code, vol. 1, chap. 304, pa. 433, sec. 4. 'See Revised Code, vol. 1, chap. 263, p. 400, as to the distribution of arms athe militia. Also, acts of 1803, post chap. 36, sects. 57,58, 59, 60, 61, 62--her provision for the distribution of arms by act of 1905, post cl...p. 84-see also, chap. 112. Arms to be distributed to certain towns by act of 1800, chap. 45, Some of the provisions of this act being of a permanent nature, it was thought st to publish the whole law. |