No. IX.

3. And be it further enacted, That any sheriff refusing to re- Penalty on sheeive the said list of lands, or to grant a receipt for the same, or receive the list, riff refusing to failing to make due and faithful return of his proceedings, relative or failing to ac thereto, shall on proof thereof in any court of record within this count for the commonwealth, on motion of the auditor of public accounts, for- money. feit and pay the sum of ten pounds, and costs: Provided, such sheriff has ten days previous notice of such motion. And the said motion may be repeated during the continuance of such failure, by the auditor, on giving new notice as aforesaid, until recovery be had of double the amount of arrearages due on the land, in such lists as may be put into his hands, with interest, damages and costs of such motion or motions.

be allowed the

4. And be it further enacted, That any sheriff making sale of the Sheriffs to con lands as aforesaid, be authorised and required on payment of the vey the land sold purchase money being made to him, to convey the said land in fee, by them, and to to the purchaser or purchasers by one or more deed or deeds as may be necessary, and that the proper expenses attending the sur- veying it. veying and laying off such land, shall be paid by the said sheriff, and be allowed to him in settlement of his account.

expense of sur

said land at their

5. And be it further enacted, That where any sheriff shall here- To survey the tofore have been allowed in settlement with the treasurer for any own expense, survey of the lands aforesaid, and shall not have made the said where the; have survey, that he shall cause such survey to be made when required, been heretofore at his own costs, or that it shall and may be lawful for the audi- allowed for it, or to pay the ator of public accounts by himself or agent, to demand and receive mount thereof to the said allowance; and if it shall not be paid, he may recover the the Auditor, amount thereof by motion, with costs, in any court of record, on ten days previous notice to any such sheriff or sheriffs, or their securities; and the money so refunded, the auditor shall account for and pay into the treasury, on order from the executive, who shall previously examine and certify his account to be right.

is redeemed.

6. And be it further enacted, That whenever the lands shall be or to the party redeemed and released as aforesaid, on which no survey has been, in case the and and where the said allowance has been made to any sheriff, it shall be repaid to the owner of such land, and he shall have the same remedy against such sheriff and his securities, as is herein given to the auditor of public accounts.

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

of the act.

CHAP. XXII.

An Act for the Election of additional Representatives to the present

Congress.

[Passed December 20th, 1791.-Acts of 1791, ch. 7, pa. 7.]

WHEREAS it is necessary that provision be made for the Preamble.

election of additional representatives to serve in con

congress, when

gress until the fourth day of March, one thousand seven hundred and ninety-three; Be it enacted by the General Assembly, that on Additional rethe second Tuesday in February next, an election shall be held for presentatives to choosing one representative to congress for the counties of Acco- to be elected; mack and Northampton, which shall compose one district; for the arrangement of counties of Norfolk, Princess Ann, Nansemond, Isle of Wight, districts. Surry, and Southampton, which shall compose another district;

No. IX.

and for every other district, except the district of Kentucky, greeably to the arrangement thereof made by the act, entituled "an act for the election of representatives pursuant to the consti tution of government of the United States," one additional member shall be chosen: Provided always, That if this state shall be enti tled to no more than nine additional members to congress, that then the counties of Accomack and Northampton, shall not of themselves form a district, but shall continue annexed to the counties of Norfolk, Princess Ann, Nansemond, Isle of Wight, Surry, and Southampton. Provided also, That if this state shall be entitled to eleven additional representatives, in that case, the counties of Berkeley, Frederick, and Shenandoah, shall form one district, and the counties of Monongalia, Ohio, Harrison, Hampshire, Hardy, Pendleton, and Randolph, shall compose another district.

Elections, how 2. And be it further enacted, That the said elections shall be to be conducted. conducted in the same manner and under the same rules and regu lations, as are prescribed by an act of assembly, entituled, “an act for the election of representatives, pursuant to the constitution of government of the United States."

Repealing clause.

Commencement of the act.

3. So much of every other act, as prescribes the time of electing representatives to serve in the congress of the United States, is hereby repealed.

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

Preamble.

Part of an act of Assembly to be deemed to have been suspended.

1

CHAP. XXIII.

An Act to amend and explain the Act, entituled "An Act to amend the Act, entituled, An Act concerning a New Edition of the Laws of this Commonwealth, reforming certain rules of Legal Construction, and providing for the due publication of the Laws and Resolutions of each Session."

[Passed November 3d, 1791.—Acts of 1791, ch. 15, pa. 10.]

WHEREAS by the third section of the act passed at the

last session of assembly, entituled "an act to amend an act, entituled, an act concerning a new edition of the laws of this commonwealth, reforming certain rules of legal construction, and providing for the due publication of the laws and resolutions of each session," It is enacted, That the said revisors shall make report of their proceedings to the next session of the general assembly, and that an act passed at the last session, entituled "an act repealing part of an ordinance by which certain English statutes were declared to be in force within this commonwealth," shall be, and the same is hereby continued until the general assembly shall have acted thereon. And whereas doubts have arisen, whether by continuing the last recited act, the said ordinance was not repealed, and for removing such doubts, as well as to declare and explain the law thereon, Be it enacted, That so much of the said act as repeals a part of the ordinance by which certain English statutes were declared to be in force within this commonwealth, shall be deemed, taken, and considered to have been suspended, until the revisors shall make report of their proceedings, and the general assembly shall have acted thereon.

2. And be it further enacted, That the said recited ordinance, Part of an ordiso far as the same relates to the said statutes, shall continue to be nance concern in force.

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

TUESDAY, the 1st of November, 1791. ESOLVED, That the executive be requested to procure fifteen hundred copies of the laws of the last session of congress, or a greater number if necessary, having regard to the number of the judges of the superior courts, magistrates, clerks, and attornies for the commonwealth; and that they be also requested to have the same number of the laws of each succeeding session of congress printed, and cause the same to be distributed amongst the several counties and corporations within this commonwealth, in the same manner as the laws of the general assembly.

November 5th, 1791.-Agreed to by the senate.

TUESDAY, the 29th of November, 1791.

M
R. CORBIN reported, from the committee to whom was
referred a letter from the revisors of the laws, stating a
difference of opinion, as to the object of the legislature, with re-
spect to that branch of their duty, which consists in "preparing
bills upon the subject of such laws, as from their multiplicity ought
to be reduced into single acts," that the committee had, according
to order, had the same under their consideration, and had come
to several resolutions thereupon, which he read in his place, and
afterwards delivered in at the clerk's table, where the same were
again twice read, and agreed to by the house, as followeth:

Resolved, That it is the opinion of this committee, that it was the intention of the legislature, in assigning the aforementioned duty to the revisors, that the several laws now existing on the same subject, should be consolidated into single bills, but that no new matter should be introduced into the system; the object of the act under which the said revisors were appointed, being to compile a new and concise edition, and not to form a new code of laws.

Resolved, That it is the opinion of this committee, that the revisors in examining the bills which have been drafted, ought to conform to this construction of the said act, and, that as soon as the revisal shall be completed, the executive be requested to order the public printer to print two hundred and fifty copies of the bills, under the direction of any two of the committee of revisors, two copies of which shall be transmitted by the executive to each county and borough within this commonwealth, for the use of the delegates, and one copy to each of the senators who may compose the next general assembly.

Resolved, That the revisors ought to be authorised and empowered to employ a clerk.

December 3d, 1791.-Agreed to by the senate.

Pp

ing the English statutes continued

No. IX.

The first twelve articles proposed as amendments to the constitution of the United States, were adopted this session, by resolutions of the house of delegates and senate.-See resolutions at the end of acts 1791, and laws of the United States, vol. 4Appendix, pa. 23.

CHAP XIV.

An Act for arranging the Counties of this Commonwealth, ints
Districts to Choose Representatives to Congress.

[Passed December 26th, 1792-Acts of 1792, ch. 1, pa. 1.]

Arrangement of 1 BE it enacted by the General Assembly, That the counties of

districts for the election of re

congress;

this commonwealth shall be divided into nineteen districts, in manner following to wit:-The counties of Frederick and presentatives in Berkely, shall compose one district: The counties of Augusta, Rockingham, Shenandoah, Rockbridge, and Bath, shall compose another district: The counties of Hampshire, Hardy, Pendleton, Randolph, Harrison, Monongalia, and Ohio, shall compose another district: The counties of Wythe, Greenbrier, Kanawha, Lee, Russell, Montgomery, Grayson, and Washington, shall compose another district: The counties of Franklin, Bedford, Botetourt, Henry, and Patrick, shall compose another district: The counties of Halifax, Pittsylvania, and Campbell, shall com pose another district: The counties of Prince Edward, Charlotte, Buckingham, Cumberland, and Powhatan, shall compose another district: The counties of Brunswick, Mecklenburg, Lunenburg and Greensville shall compose another district: The counties of Dinwiddie, Amelia, Nottoway, and Chesterfield, shall compose another district: The counties of Sussex, Southampton, Surry, and Prince George, shall compose another district: The counties of Norfolk, Princess Anne, Isle of Wight, and Nansemond, shall compose another district: The counties of York, Accomack, Northampton, Elizabeth City, Warwick, Gloucester, and Mathews, shall compose another district: The counties of Henrico, Hanover, New Kent, Charles City, and James City, shall com pose another district: The counties of Albemarle, Amherst, Fluvanna, and Goochland, shall compose another district: The coun ties of Orange, Spottsylvania, Louisa, and that part of Culpeper, established as a county by the naine of Madison, shall compose an other district: The counties of King & Queen, King William, Essex, Middlesex, and Caroline, shall compose another district: The counties of Loudoun, Fairfax, and Prince William, shall compose another district: The county of Culpeper, as now divided, with the counties of Fauquier, and Stafford, shall compose an other district: And the counties of Richmond, Westmoreland, King George, Lancaster, and Northumberland, shall compose another district.

Qualification of electors;

2. And be it further enacted, That the persons qualified by law to vote for members to the house of delegates in each county and Elections, when corporation composing a district, shall assemble at their respective and where to be held; county courthouses, on the third Monday in March next, and also on the third Monday in March in every second year thereafter, and then and there vote for some discreet and proper person, being a freeholder and resident within such district as a member of the house of representatives for the United States

No. IX.

per- ducted;

3. The high sheriff of each county, or in case of his sickness or By whom; inability to attend, one of the deputy sheriffs (except in such counties where there shall be no sheriff) shall conduct the said election, at which no determination shall be had by view, but each person qualified to vote, shall fairly and publicly poll, and the How to be conname of the voter shall be duly entered under the name of the son voted for, in proper poll books, to be provided by the officer conducting the election, for which purpose he shall appoint so many writers as he shall think fit, who shall respectively take an oath, to be administered by him, or make solemn affirmation, that they will take the poll fairly and impartially. He shall deliver a poll book to each writer, who shall enter in distinct columns under the name of the person voted for, the name of each elector voting for such person. Like proclamation and proceeding shall be had for conducting, continuing, and closing the poll in each county of a district, as is prescribed by law in the election of members to the general assembly; and proclamation shall also be made at the courthouse door, or place of holding such election of the person having the greatest number of votes on the poll on the closing thereof. Each elector shall be entitled to the same privilege from arrests, and be subject to the like penalty and forfeiture for failing Privilege of to attend and vote at such election, as is prescribed by law, in the Penalty for not case of election of members to the general assembly. Such failure voting; to attend to be discovered and proceeded on in like manner, and under the same penalties, as is by law provided against such failures in the election of members to the general assembly.

clectors;

4. Immediately after each election in a county, the clerks of the Duties of the poll having first signed the same, shall deliver the same to the returning offisheriff or other officer who conducted the election, and such she- cers. riff or other officer, together with the respective sheriffs and other officers who conducted the poll of the several counties in the district, (but in case of sickness, death or other disability of the officer who shall have conducted the poll, then any other sheriff or officer of the county in which such disability, may happen) shall, on the eighth day after the election, assemble at the courthouse of the county first named in such district, and then and, there compare the polls respectively taken at the elections in their several counties, and having ascertained by faithful addition, and comparison of the numbers on the respective polls, the person having the greatest number of votes upon the whole, giving their own votes in any case of the two foremost on such poll, having an equal number of votes, shall proceed to certify such election under their hands and seals, in manner and form following, to wit:

"We, A. B. sheriff ofcounty, (or deputy sheriff, as the case may be,) C. D. sheriff of county (as the case may be) and so "reciting the name of the sheriff or magistrate, and whether prin"cipal or deputy of each county in the district, composing one "entire district entitled by law to elect a member to the house of "representatives of the United States, do hereby certify and make "known that at an election held on- at the place of holding "elections in our respective counties pursuant to law, the electors "qualified to vote for the member to the house of delegates, "caused to be chosen one person, to wit, G. H. to represent the