Pell books to be recorded. Certificates of elections to be transmitted to congress; Penalty on sheriffs for any ne glect of duty; Penalty for bribing electors; Allowance to the sheriffs for expences; "said district as a member of the house of representatives for the Two fair duplicates of such certificate and return shall be made by the said sheriffs and other officers under their hands and seals, in the manner before recited, one of which shall be delivered to the person elected to represent the district, and the other shall be transmitted to the governor and council, within twenty days, un, der the penalty of three hundred dollars upon each sheriff, or other officer, in case of failure or neglect herein; to be recovered by motion in any court of record, by the auditor of public accounts to the use of the commonwealth, on ten days previous notice of such motion. 5. The said sheriffs and other officers, shall also under like penalty and recovery, deliver to the clerks of their respective counties, within ten days after such return, the original poll books, to be by such clerk entered of record under the like penalty for failure, as for failing to record the poll books taken at the election of members to the general assembly-and where a poll shall be taken in any county which shall not become so, until after the election, which shall first be holden in pursuance of this act, the officer conducting such election shall deliver the poll books by him kept, to the clerk of his county, as the same now stands, to be by him also recorded under the like penalty. 6. It shall be the duty of the executive to inclose to the congress of the United States, the certificates and returns of elections aforesaid, transmitted to them from the respective districts without delay. 7. Any sheriff or other officer, refusing to take the poll when he shall be required by a candidate or elector; or taking it in any other manner than is herein before prescribed; or making or signing a false certificate or return of election as herein before directed; or making any erasure or alteration in the poll book; or refusing to suffer any candidate or elector at his own expense to take a copy of the poll book, shall forfeit and pay six hundred dollars; which penalties may be recovered with costs, in actions of debt, by any person who will sue for the same; one half to his own use, and the other half to the use of the commonwealth. 8. Any candidate or other person in his behalf who shall directly or indirectly give or agree to give any elector or pretended elector, money, meat, drink, or other reward, in order to be elected or for having been elected, shall forfeit and pay fifteen hundred dollars for each offence, to be recovered with costs by action of debt, to the use of any person who will sue for the same. 9. And be it further enacted, That the sheriffs and other officers, shall receive for their trouble and expense in conducting the said their trouble and elections, one dollar and sixty-seven cents for the day on which they shall attend to compare the different polls, together with an allowance of ferriages, and four cents a mile for travelling to and from the county, in which they shall meet for that purpose, to be paid in the same manner as the electors, who are to vote for a president of the United States, are paid. No. IX. conducted; 10. Until the counties of Madison, Grayson, and Lee shall take Elections in effect, elections of representatives for congress shall be holden at three new coun the places appointed by law for holding the first courts in such ties, how to be counties, and shall be conducted by the first magistrate of the said counties, or in case of sickness or other disability, the next in commission who shall attend the election, under the like regulations as elections are held in the other counties within this com monwealth, vote more than once for the 11. Provided, That no person entitled to suffrage in pursuance No elector to of this act, shall during the same election, vote more than once for the same candidate, under the penalty of one hundred dollars, same candidate. to be recovered by action of debt, in any court of record, by any person who will sue for the same, clause. 12. So much of every other act, as prescribes the time of elect Repealing ing representatives to serve in the congress of the United States, shall be, and the same is hereby repealed. 13. This act shall commence and be in force from and after the Commencement passing thereof, CHAP. XXV. An Act to amend an Act, entituled "An Act authorising the Executive to direct the Sheriffs to sell certain Lands the property of this Commonwealth. [Passed November 24th, 1792.-Acts of 1792, ch. 20, pa. 82.] Note. This act is published in the appendix to vol. 1, ch. 5, pa. 453. CHAP. XXVI. An Act repealing the Act, entituled " An Act providing a Sinking 1 B [Passed December 7th, 1792.-Acts of 1792, ch. 21, pa. 82.] of the act. E it enacted by the General Assembly, That the act, entitu- Act establishing led "an act providing a sinking fund for the gradual re- sinking fund re pealed. demption of the public debt," shall be and the same is hereby repealed. 2. This set shall commence and be in force from and after the Commencement passing thereof. • See 1787, ch. 5, pa. 10. CHAP. XXVII. An Act to repeal in part an Act, ențituled “ An Act to prevent forestalling, re-grating, engrossing, and Public Vendues.' [Passed October 13th 1792.-Acts of 1792, ch. 22, pa. 83.] of this act. former act as E it enacted by the General Assembly, That so much of the act of assembly passed in the year one thousand seven hundred So much of a and seventy-seven, entituled "an act to prevent forestalling, re- prohibits sales grating, engrossing, and public vendues," as prohibits the sale of goods at ven of goods, wares and merchandizes at public vendue, shall be, and due reported, the same is hereby repealed.† See Chan. Rev. (Edit. 1785) pa. 66. This act was in force from the passing thereef.-See sessions aets 1792, 32, pa. 89. CHAP. XXVIII. No. IX. An Act to provide more effectually for the Collection of the Public Taxes in certain Cases. [Passed December 26th, 1792.—Acts of 1792, ch. 27, pa. 84.] Note. This act is published in the appendix to vol. 1, ch. 6, pa. 454. CHAP. XXIX. An Act for appointing Electors to choose a President and Vice [Passed October 10th, 1792.-Acts of 1792, ch. 30, pa. 87.] of the counties 1 Bit enacted by the General Assembly, That for the purpose Arrangement in districts. Who are to vote. held. of choosing twenty-one electors on behalf of this state, to vote for a president and vice-president of the United States, the several counties in this commonwealth shall be allotted into twenty●ne districts, in manner following, to wit: The counties of Northampton, Accomack, and Princess Anne, shall compose one district; the counties of New-Kent, Henrico, Charles City, James City, York, Warwick, and Elizabeth City, shall compose another district; the counties of Hanover, Caroline, and Louisa, shall compose another district; the counties of Fluvanna, Albemarle, Amherst, and Goochland, shall compose another district; the counties of Orange, Culpeper, and Spotsylvania, shall compose anther district; the counties of King & Queen, King William, Essex, Middlesex, Gloucester, and Mathews, shall compose another district; the counties of Norfolk, Nansemond, and Isle of Wight, shall compose another district; the counties of Sussex, Suthampton, Surry, Prince George, and Greensville, shall compose another district; the counties of Brunswick, Dinwiddie, and Mecklenburg, shall compose another district; the counties of Amelia, Nottoway, Chesterfield, and Powhatan, shall compose another district; the counties of Prince Edward, Buckingham, Cumberland, and Lunenburg, shall compose another district; the counties of Halifax, Charlotte, and Pittsylvania, shall compose another district; the counties of Bedford, Campbell, Franklin, Henry, and Patrick, shall compose another district; the counties of Richmond, Northumberland, Lancaster, Westmoreland, and King George, shall compose another district; the counties of Prince William, Stafford, and Fairfax, shall compose another district; the counties of Fauquier, and Loudoun, shall compose another district; the counties of Frederick, and Berkeley, shall compose another district; the counties of Rockingham, Augusta, and Shenandoah, shall compose another district; the counties of Bath, Botetourt, Rockbridge, Greenbrier, and Kanawha, shall compose another district; the counties of Hardy, Hampshire, Pendleton, Randolph, Harrison, Monongalia, and Ohio, shall compose another district; and the counties of Wythe, Montgomery, Washington, and Russell, shall compose another district. 2. That the persons qualified by law to vote for members to the Blections, when general assembly, in each county composing a district, and in the and where to be cities and boroughs entitled to representation in the general as sembly, shall assemble at their respective courthouses, on the first Monday in November next, and on every first Monday in November, in every fourth year hereafter, and then and there vote for some discreet and proper person, being a freeholder, and bona fide resident in such district, for twelve months, as an elector for such district, to vote for a president and vice-president of the United States. 3. That the high sheriff of each county, or in case of sickness By whom. or inability to attend, one of the deputy sheriffs, and the mayor or sergeant of each corporation, being first duly sworn by a magistrate of the county or corporation to act impartially, and a certificate of the taking such oath, under the hand of the magistrate delivered to him, 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 name of the voter shall be duly entered under the name of the person voted for, in proper poll books, to be provided by the officer conducting the election, for which pur- How to be con pose he shall appoint so many writers as he shall think fit, who ducted. shall respectively take an oath to be by him administered, or make solemn affirmation, that they will take the poll faithfully 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 voter, voting for such person. Like proclamation and proceeding shall be had for continuing and closing the poll in each county and corporation of a district, as prescribed by law, in the election of members to the general assembly; and proclamation shall also be made at the courthouse door of the person having the greatest number of votes on the poll at the closing thereof. 4. Each voter shall be entitled to the same privilege from ar- Voters to be pr rests, and be subject to the like penalty and forfeiture for failing vileged from ar to attend, and vote at such election, as prescribed by law in the rests. election of members to the general assembly; such failure to attend to be discovered and proceeded upon in like manner, and under the same penalties, as is by law prescribed against such failures in the election of members to the general assembly. elections. 5. Immediately after each election in a county or corporation, Sheriffs to meet, the clerk of the polls having first signed the same, and made oath compare the to the truth thereof, a certificate of which oath, under the hand of polls and certify a magistrate of the county, shall be subjoined to each poll, shall deliver the same to the sheriff or other officer, who conducted the election, and such sheriff or other officer, together with the respective sheriffs who conducted the poll of the several counties in the district, except in the case of the disability or sickness of such sheriff, then any other sheriff of the county in which such sickness. or disability may happen, shall, on the Monday next after the said election, assemble at the courthouse of the county first named in such district, and then and there compare the polls respectively taken at the election in their several counties and corporations, 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 of Forms of the county, or deputy sheriff, (as the case may be) C. D. certificate: "sheriff of county, and E. F. mayor or sergeant (as the case may be) of the city or borough of (and so on reciting Certificates to be transmitted to the governor, and duplicates delivered to the clectors. zette. แ No. IX. "the name of the sheriff or other officer, whether principal or one thousand seven hundred and 6. Two fair duplicates of such certificate and return shall be made by the said sheriffs and other officers, under their hands and seals, in the manner before recited, one of which shall be delivered to the person elected to represent the district, and the other shall be transmitted to the governor and council, within fifteen days, under Names of elec- the penalty of three hundred dollars, upon such sheriff or other tors to be pub- officer holding such election, in case of failure herein; to be reco Jished in the ga- vered by motion in any court of record by the attorney general, to When & where the use of the commonwealth. And the governor and council' they are to meet shall thereupon advertise in the public gazette, the names of the and vote. persons so elected, who shall assemble in the city of Richmond on the first Wednesday in December next, and on every first Wednesday in the month of December in every fourth year thereafter, to vote for a president and vice-president of the United States. Each elector chosen pursuant to this act, and failing to attend and vote for a president and vice-president of the United States at the tinre and place herein directed, shall, except in cases of sickness or any other unavoidable accident, forfeit and pay six hundred dollars; to be recovered by the attorney general, to the use of the commonwealth, by action of debt, bill, plaint, or information, in any court of record. Poll books to be delivered to the courts to be re clerks of the corded. manner than 7. The said sheriffs and other officers shall, under the penalty of one hundred and fifty dollars, to be recovered on motion by the attorney general, to the use of the commonwealth, in manner aforesaid, deliver to the clerks of the respective counties, cities, or boroughs, within ten days after making their returns as aforesaid, the original poll books, to be by such clerks entered of record, under the like penalty for failure as for failing to record the poll books taken at the election of members to the general assembly, and recoverable in like manner. Penalty on she8. Any sheriff, deputy sheriff, or other officer, refusing to take riffs for refusing the poll, when he shall be required by a candidate or person quato take the poll, lified to vote for members to the general assembly, or taking it in or taking in other other manner than is herein before prescribed, or making or signing herein directed, a false certificate or return of election as herein before directed, or making any erasure or alteration in the poll books, or refusing to suffer any candidate or person qualified to vote, at his own expense, to take a copy of the poll books, shall forfeit and pay three hundred dollars; which penalty may be recovered with costs, in action of debt, by any person who will sue for the same; one half to his .own use, and the other half to the use of the commonwealth. &c. |