usters, and training of the officers of the said regiment; and that clerks of the several courts of enquiry shall hereafter be allowI for their services, a sum not exceeding eight dollars, for each ay they shall attend the said courts, and four dollars for each list ines they shall make out as required by law; the provost mard shail also be allowed for his services, a sum not exceeding three dollars, for each day he shall attend the courts of enquiry, and no

more.

4. And be it further enacted, That it shall be the duty of the derks of the several courts of enquiry, to transmit to the audior of public accounts, a certified copy of the sheriff's receipt for ach list of militia fines put into his hands for collection, together th a copy of such list; and such certified copy of the sheriff's reeipt shall be evidence on a motion against him for such fines.

1804.

5. And be it further enacted, That the commanding officer Commanding of of every troop of cavalry, and company of artillery, shall hereafter and artillery, to nake his report of delinquents to the commanding officer of the bat- whom to make alon in which such delinquent shall reside.

returns.

6. So much of the fourteenth section of the act, entitled, "An act, to amend and reduce into one the several acts of the ge- [Ante chap. 36.] neral assembly for regulating the militia of this commonwealth,"

as empowers the executive to issue commissions for more than one

troop of cavalry to each regiment, is hereby repealed.

7. This act shall commence and be in force from and after the Commencement irst day of April next.

CHAP. LIV.

An Act to amend the act, "To prevent the circulation of Private

1.

Bank Notes."*

[Passed January 25, 1805.]

E it enacted, That it shall not be lawful for any person to of Note issued by fer in payment any note or bill, whether payable to bearer banking compas or other person, which shall have been emitted by any banking com- ny without a pany, not having a charter.

charter not to be circulated.

2. And be it further enacted, That offenders against the true in- Penalty. tent and meaning of this act, shall incur all the pains and penalties of the act, entitled, "An act to prevent the circulation of private bank notes."

3. This act shall commence and be in force from and after the first day of April next.

L

CHAP. LV.

An Act further to amend the Penal Laws of this Commonwealth.↑

[Passed January 29, 1805.]

Commencement

E it enacted by the General Assembly, That the thirty- Part of the act of fourth section of an act, passed on the thirteenth day of 1792 repealed. November, in the year one thousand seven hundred and ninety-two

See Revised Code, vol. 1, ch. 11, pa. 15.

+See Revised Code, vol. 1. ch. 200, pa. 355-ch. 264, pa. 402-ch. 279, pa. 410th. 284, pa. 413—ante ch. 16-ch. 21-ch. 41-post ch. 111.

1,804.

[Rev. Code, vol. I, ch. 74, p. 106]

Offences not punishable by

entitled, "An act directing the method of proceeding against free persons charged with certain crimes, declaring the mode of proceeding on indictments, informations and prosecutions on penal statutes, and for preventing vexatious and malicious prosecutions, and moderating amercements," shall be and the same hereby is repealed.

2. All actions, suits, bills, indictments, or informations, which death or confine shall be had, brought, sued, or exhibited upon any penal law, where ment in peniten- the punishment to be inflicted upon the offender, on conviction, tiary, within shall neither be death nor imprisonment in the jail and penitentiawhat time to be ry house, shall be had, brought, sued exhibited, or moved within one year next after the offence committed, and not after; except where a longer or shorter time for the commencement of such suit, or prosecution, is, or shall be fixed by law.

prosecuted.

Perjury, &c.

ed.

3. Every indictment, or information, for perjury, subornation of when prosecut perjury, or such forgeries or publications thereof, as may not be punishable by death, or imprisonment in the jail or penitentiary house, shall be exhibited or moved within three years next after the time of committing the offence, and not after.

Hog stealing, 4. If any person shall steal any hog, shoat, or pig, such person how punished. shall be adjudged to be guilty of petty larceny, and shall have the same trial and punishment, as in other cases of petty larceny.*

nished.

Counterfeiting 5. Be it further enacted, If any person shall falsely make, forge notes of Virginia or counterfeit, or cause or procure to be falsely made, forged or bank, how pucounterfeited, or willingly act or assist in the false making, forging or counterfeiting, any bill or note of the bank of Virginia, with intention to defraud either the corporation of the president, directors and company of the bank of Virginia, or any person whatsoever; or shall pass or tender, or offer to pass or exchange, or shall cause or procure to be passed or tendered, or offered to be passed or exchanged, any such bill or note of the bank of Virginia, knowing the same to be false, forged or counterfeited, then every such person, being thereof lawfully convicted, shall be punished with confinement in the jail and penitentiary house, at hard labor, for not less than ten nor more than twenty years.

Who may be wit. nesses to prove

such counterfeits.

Setting fire to a house in a town, how punished.

Arson, how punished.

Burning barns,

6. In all prosecutions for offences under this act, the president, cashier and other officers of the said bank of Virginia, or either of its offices of discount and deposit, and all stockholders, shall be deemed and admitted as competent witnesses.

7. And be it further enacted, That all and every person and persons, who shall at any time, either in the night or the day, maliciously, unlawfully and willingly, burn or set fire to any house or houses whatsoever, in a town, or shall aid, abet, assist, counsel, hire or command any person or persons to commit any of the said offences, being thereof lawfully convicted, and either of the said offences shall actually have been committed, shall be deemed guilty of felony, and shall suffer death as a felon.

8. If any person shall commit arson, being thereof lawfully convicted, he shall be deemed guilty of felony, and shall suffer death

9. All and every person and persons, who shall at any time, either &c. how punish- in the night or the day, maliciously, unlawfully and willingly, burn

ed.

* See the mode of trial and punishment for petit larceny, ante ch. 41, ses. 4❤ ch. 21, scc. 3, 4.

or set fire to any barn, stable, corn house, tobacco house, stack of wheat, barley, oats, corn, or other grain, or any stack of fodder, straw or hay; or shall aid, abet, assist, counsel, hire or command any person or persons, to commit any of the said offences, being thereof lawfully convicted, and either of the said offences shall actually have been committed, shall be deemed guilty of a misdemeanor, and shall be sentenced to undergo a confinement in the jail or penitentiary house, for any time not less than two, or more than five years; and shall moreover pay the full value of the property burnt or destroyed, to the owner or owners thereof.

1804.

10. Whosoever shall voluntarily and of purpose, slit the ear or Slitting the ear, lip of another, with intent to mark or disfigure such person, every ed. &c. how punishsuch offender, his or her aiders, abettors and counsellors, shall, on conviction, be sentenced to undergo an imprisonment at hard labour, and solitary confinement, in the jail and penitentiary house, for not less than two, nor more than ten years.

11. And be it further enacted, That if any slave shall hereafter at- Slave attempting tempt to ravish a white woman, and shall be thereof lawfully con- to ravish white victed, he shall be considered guilty of a felony, and shall be pu- woman, how pu

nished as heretofore.

12. Those shall be let to bail who are apprehended for any crime What prisoners not punishable with death, or confinement in the jail and penitenti- to be bailed. ary; and if the crime be so punishable, but only a light suspicion of guilt fall on the party, he shall in like manner be bailable: But if the crime be punishable with death, or confinement in the jail and penitentiary, and there be good cause to believe the party guilty thereof, he shall not be admitted to bail.

1.

CHAP. LVI.

An Act to Glass the Counties, and for other purposes.

[Passed January 29, 1805.]

E it enacted by the General Assembly, That the counties, ci- Counties to be Beties and boroughs, within this commonwealth, shall be di

vided into three classes; and that the counties of Frederick, Fau- appointment of quier and Loudoun, shall compose the first class, and the county of the revenue. commissioners courts thereof, may appoint three commissioners of the revenue therein; and the counties of Accomack, Albemarle, Amherst, Augusta, Bath, Brunswick, Bedford, Berkeley, Botetourt, Buckingham, Campbell, Caroline, Charlotte, Chesterfield, Culpeper, Camberland, Dinwiddie, Fairfax, Franklin, Greenbrier, Halifax, Hampshire, Hardy, Hanover, Harrison, Henrico, King and Queen, Louisa, Kanawha, Lunenburg, Mecklenburg, Monongalia, Montgomery, Nansemond, Norfolk, Orange, Ohio, Prince-Edward, Princess Anne, Pittsylvania, Prince-William, Pendleton, Rockbridge, Rockingham, Russell, Shenandoah, Southampton, Spottsylvania, Sussex, Wythe, and Washington, shall compose the second class, and the county courts thereof, may appoint two commissioners therein; and the counties of Amelia, Brooke, Charles City, Elizabeth City, Essex, Fluvanna, Gloucester, Goochland,(a) Greensville, Grayson, Henry, Isle of Wight,(a) James City, Jefferson, King-George, King-William, Lee, Madison, Mason, Mathews, Middlesex, Monroe, New-Kent, Nottoway, Northampton, Northumberland, Patrick, Powhatan, Prince-George, Richmond, Randolph, Stafford, (a) (a)The counties of Goochland, Isle of Wight and stafford placed in the second class by act of 1805, see post. ch.74.

M

1804.

Fee for alienati

on.

Commencement.

Office judg ments, interest on, how to be calculated.

Interest on cer

tain judgments, how to be fixed.

[Ante ch.29.]

Costs of notice in

cery courts.

Surry, Tazewell, Warwick, Wood, Westmoreland, York, Lancaster, and the cities and boroughs of Richmond, Williamsburg, Petersburg, Fredericksburg, Winchester, Staunton and the borough of Norfolk, shall compose the third class, and the courts of the said counties, cities and boroughs, may appoint one commissioner of the revenue therein.

2. Each commissioner shall receive for an alienation, fifty cents; and for an alteration, except made to correct an error of a commissioner, fifty cents.

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

CHAP. LVII.

An Act to reform the Practice of the District, County and Corpora

1.

BE

tion Courts in certain cases.

[Passed January 29, 1805.]

E it enacted by the General Assembly, That when any final judgment shall be entered up in the office of any court in this commonwealth, against any defendant or defendants, and their securities, or against any defendant or defendants, and sheriff, or other officer, by default, in any action of debt founded on a single bill, promissory note, or other writing signed by the party, for the payment of money or tobacco, it shall be the duty of the clerk to issue execution thereon, as well for interest until paid, from the time the said bill, promissory note, or other writing as aforesaid, was payable, as for the principal sum and costs, unless the said judgment shall have been set aside in the same manner as other of fice judgments may now be set aside.

2. And be it further enacted, That nothing contained in the fifth section of the act, intituled, " An act concerning proceedings in chancery and other purposes," shall be so construed as to allow interest on costs, or compound interest in any case whatsoever; and that hereafter, in all actions founded on contracts, the jury shall ascertain the principal sum due, and fix the period at which interest shall commence (if interest be allowed by them) and judgment shall be rendered accordingly, carrying on the interest till the judg ment shall be satisfied.

3. And be it further enacted, That in all cases where the district district & chan- courts of common law and chancery are authorized to render judg ments or award executions upon motions, wherein the plaintiff or plaintiffs shall prevail, fifty cents shall be taxed in the bill of costs for each notice proved to have been delivered; and it shall be the duty of the sheriffs, and other officers, when required, to give notices of such motions.*

Clerk may send process out of his county in certain chancery proceedings.

4. And be it further enacted, That whenever an injunction shall be obtained in any county or corporation court, to stay proceedings at law upon a judgment of such court, or a bill exhibited to foreclose the equity of redemption in mortgaged premises, (which is hereby declared to be sustainable in the court of the county or corporation where the land lies, notwithstanding the defendant or defendants,

* See Revised Code, vol. 1, ch. 270, pa. 405, same fee for notices in county and corporation courts.

or any of them, may reside out of such county or corporation) it shall and may be lawful for the clerk thereof to issue any legal process against such defendant or defendants, as do not reside within the said county or corporation, directed to the sheriff or sergeant of any county or corporation within this commonwealth, upon whose return the same proceedings shall be had, as if the process had been served by the proper officer of the county or corporation, in which the suit may be depending.

1805.

5. This act shall commence and be in force from and after the Commencement. first day of April next.

CHAP. LVIII.

An Act to amend an Act, entituled, " An Act, reducing into one the

1.

several Acts for the Inspection of Tobacco.*

[Passed January 30, 1805.]

BE to- pose of any refus

E it enacted, That whensoever hereafter a hogshead of to- Owner may dis

of

have it picked as at present or dispose of it at pleasure.

ing refused to

ed tobacco, or have it picked. 2. And be it further enacted, That whosoever shall ship, or Penalty for sendotherwise send out of the state, one or more hogsheads of refused tobacco, shall forfeit and pay for every such hogshead, four hundred dollars, recoverable in any court of record in this state, one half to the informer, and the other half for the use of the commonwealth.

3. This act shall be in force after the first of April next.

bacco out of the state.

Commencement

CHAP. LIX.

An Act making Compensation to Witnesses attending on the part of the Commonwealth in Civil Cases, and for other purposes.

1.

[Passed January 31, 1805.]

co monwealth in ci

E it enacted by the General Assembly, That every person Witnesses atmonwealth, before any court, in a civil case therein depending, vil cases to be shall be entitled to the same compensation for his or her attendance, paid. as is allowed by law to witnesses attending such courts on behalf See Revis. of individuals in like cases; and on a certificate of such attendance, ed Code, vol. 1, ch. 275, pa. 407, under the hand of the clerk of the court wherein the same was en- allowance to wittered, being produced to, and filed with, the auditor of public ac- nesses in prosecounts, he shall issue his warrant for the amount thereof, payable cutions for out of the public treasury. And in every civil case where the commonwealth shall prevail, all costs which it is liable to pay, shall be taxed in the bill of costs, and recovered in like manner as is provid, ed in the case of individuals.

crin.es or misdemeanors.]

certain cases.

2. Constables shall be allowed for arrests in criminal cases and Allowance to summoning witnesses, the same fees as are allowed the sheriff in constables in civil cases for the like services; and constables and guards employ- See ante ch ed in conveying prisoners to the county jail, shall have the same al- 8, fees ofconsta bies.]

See ante ch. 37 and the notes subjoined.-Further regulations concerning re fused tobacco, post. ch. 73, sec. 4.