or receipts, to whom and where payable and for what quantity of tobacco the same was given, and that such receipt or receipts are lost, mislaid or destroyed, and that he, she or they are lawfully entitled to receive the tobacco therein mentioned, be sworn to before any justice of the peace of the county where the same was payable, either by the executor or administrator, or any indifferent person. And the executor or administrator shall, in other respects, pursue the mode prescribed by the forty-first section of the act, entitled, "An act for reducing into one the several acts of See Rev'di assembly for the inspection of tobacco," passed the twenty- Code, 1st vol. p. ninth of November, in the year seventeen hundred and ninety- 267. two. 5. This act shall commence and be in force from the passing Commencement. thereof. CHAP. VIII. An Act to explain an Act, entitled an Act, reducing into one the several Acts of Assembly, for the Inspection of Tobacco. [Passed February 4, 1809.] WHEREAS doubts have arisen, whether inspectors of tobac co should be allowed any compensation by the public for any hands which have to attend the ware-houses under their care by the sixteenth section of the law entitled "An Act reducing into one the several acts of assembly for the inspection of tobacco; to obviate which, See Rev'd Coi 1st vol. p. 259. Preamble 1. Be it enacted, That they shall not be allowed by the common- No compensation wealth any compensation for the services of such hands. for hands, &c. 2. This law shall commence and be in force from the passing Commencement thereof. CHAP. IX. An Act, authorising the President of the United States to open an Inland Navigation from the Chesapeake Bay or the Port of Norfolk, to the Channel of Currituck Sound, and from Lynha ven Bay to the eastern branch of Elizabeth River. 1. 1. Bit 6 [Passed January 30, 1809.] it enacted by the General Assembly, That it shall be lawful President of the for the President of the United States, and he is hereby U. States may authorised, so soon as the assent of Congress shall be given there- cause inland na to, and the necessary sum of money appropriated therefor, to o- vigation to be o pened. pen an inland navigation, from the Chesapeake Bay, or the port of Norfolk, to the channel of Currituck Sound, and also from Lynhaven Bay to the eastern branch of Elizabeth River. 2. This act shall commence and be in force from the passing commencement thereof. See Rev. C. 1st vol. ch. 86, p. 141, 151. Preamble. id, p. 147. Exchange warrants, how to be granted. Proviso. Original war. rants, with affidavies, to be preserved. Duties of Regis ter. Provise. CHAP. X. An Act to explain and amend the Act, entitled "an Act, for reducing into one, the several Acts concerning the Land-Office, ascertaining the terms and manner of granting waste and unap propriated Lands, for settling the titles and bounds of Lands, directing the mode of processioning, and prescribing the duty of Surveyors. WHE [Passed February 1, 1809.] THEREAS by the fortieth section of the act entitled "an act, for reducing into one, the several acts concerning the Land Office, ascertaining the terms and manner of granting waste and unappropriated lands, for settling the titles and bounds of lands, directing the mode of processioning, and prescribing the du ty of surveyors," it is among other things provided in general terms, that all persons, as well foreigners as others, shall have a right to assign warrants or certificates of survey for lands, without prescribing any particular mode of assignment; and whereas it is represented to this present General Assembly, that there are ma by land warrants outstanding, which have been transferred, sometimes by the mere endorsement of the name of the holder, and at others by assigament, whout attestation, and doubts have arisen, whether in such cases it would be proper for the Register of the Land Office, to grant to the present holders, new warrants, in exchange for warrants so transferred and assigned ; 1. Be it enacted, That the Register of the Land Office may, and he is hereby authorised & required, on the application of the present holder or holders thereof, to receive any land warrant beretofore issued, although such warrant may have been transferred by the mere indorsement of the name or unattested assignment of the original purchaser, or any subsequent holder, and to grant other warrants in exchange therefor in the mode heretofore prescribed by law; Provided always. That no such exchange shall be made, unless the applicant therefor shall have previously annexed to such warrant his own affidavit, stating that, so far as he knows or believes, the indorsements or assignments appearing on such warrant have been made fairly and bona fide; and that he or those in whose name or names such exchange is sought is or are the true and rightful proprietor or proprietors of such warrant. 2. And be it further enacted, That such original warrant, with the affidavit thereto annexed, shall be carefully filed away by the Register of the Land Office; and it shall be his duty to publish quarter yearly in some newspaper published in the city of Richmond, a list of all original warrants, for which exchange warrants have been granted; noting therein the date of such eriginal, the right on which it issued, the quantity of land, the name of the original holder, of every indorser, assignor and assignee, and the name and residence of the person or persons to whom exchange warrants have been granted therefor; Provided, That nothing herein contained shall be construed as impairing or in any manner affecting the rights of individuals to such original warrant, other than those to whom such exchange warrants may have been granted; but such individuals may be at liberty to contest the rights growing out of such warrant in the same manner as if this act had never passed. s. And be it further enacted, That no treasury land warrant Warrants, how hereafter issued shall be assignable but by written assignment on assignable. the back of such warrant, attested by two or more witnesses; and that no new warrants shall be hereafter granted in exchange for such warrant, unless it shall be signed in the manner required by this section. 4. And be it further enacted, That in future the fees for copies Fees to be paid. of the Register of the Land Office, to be by him paid into the public treasury, shall be as follows: for a copy of a grant, or pateat of land, where the same doth not exceed four hundred words, sixty-three cents; and for every thirty words thereafter, three cents; for a copy of a plat and certificate of survey, where the same doth not exceed ten courses, sixty-three cents, and for every course thereafter, two cents; and for any other copy or certificate, where the fee is not already fixed by law, and doth not exceed two hundred words, twenty-five cents; and for every thirty words thereafter, three cents, and no more, any law to the contrary notwithstanding. 5. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. XI. An Act concerning Special Courts of Appeals. [Passed February 2, 1809.] Provision for E it enacted by the General Assembly, That whensoever a 1. special courts of appeals in certain cases. or infirmity from attending the said court during one whole term thereof, and it shall appear probable in the opinion of the other judges that the disability will continue during the next succeeding term, and if at the same time one or more of the remaining judges of the said court be interested in any suit or suits pending therein, so that, from the combined causes of disability and interest, á court cannot be formed for the trial of such suit or suits, a special court shall be summoned for the purpose of trying such suit or suits, in the same manner, and under the same regulations as prescribed by the fifth and sixth sections of the act entitled "An act, for reducing into one act, the several acts concerning See R. Gode, the court of appeals and special court of appeals." 1st vol. p. 61. 2. The said court when in session shall be attended by the same Regulations, &c. officers, have the same powers and allowances, take the same oaths, and be governed by the same regulations, as are prescribed by the seventh, eighth, ninth and tenth sections of the before recited act. 3. This act shall commence and be in force from and after the Commencement, passage thereof. CHAP. XII. 1. An Act concerning the service of Warrants for small Debts. [Passed February 3, 1809.] E it enacted by the General Assembly, That it shall not be lawful for any sheriff or deputy sheriff, to serve any warrant issued by any justice of the peace, requiring any person or persons to appear before any justice of the peace, to answer in any Sheriffs and dee puties not to serve warrants. R. Code, vol. 2, page 124, and Sess'ns. acts of 1806, ch. 19. Provision where suit for debt, detinue or trover, which may be cognizable and determinable by any one justice of the peace; but such warrant shall be directed to, and served by some constable, agreeably to the second section of the act entitled "An act to amend the act concerning constables," passed the tenth day of January one thousand eight hundred and seven. 2. And be it further enacted, That on the death, resignation, reconstable dies, moval or refusal to act, of any constable assigned by the court BiG. of any county to any particular district thereof, it shall be lawful for any other constable of such county to perform the duties of a constable within that district where such death, resignation, removal or refusal may have happened. Executions on rected to a con 3. And be it further enacted, That all executions awarded on war ants to be di- judgments, rendered by any justice of the peace, for debt, detinue or trover, shall be directed to some constable of the county, who shall levy and return the same agreeably to the provisions of the above-mentioned act. stable. Commencement. 4. This act shall be in force from and after the first day of May next. CHAP. XIII. An Act concerning the Clerks of the County Courts. [Passed February 13, 1809.] Clerks of county 1. BE it enacted by the General Assembly. That, from and after Courts, when to act as clerks of superior courts. the last day of this present month, the clerks of the seve ral county courts, except the clerks of those counties in which district courts were holden, the clerk of Prince-George and the clerk of James City county, shall have full power and authority, and they are hereby required to act as clerks of the superior courts of their respective counties, until a clerk for the superior court shall be appointed and qualified. The clerk of the county court of York shall, in like manner, from the last day of this month act as clerk of the superior court of that county until a elerk shall be appointed and qualified. 2. And be it further enacted, That the clerk of the district court of Petersburg, shall be the clerk of the superior court of Prince George and not of Dinwiddie, and that from and after the last day of this present month, the clerk of the county court of Dinwiddie shall have full power and authority, and he is hereby required to act as clerk of the superior court of Dinwiddie until a clerk of the said superior court shall be appointed and qualified. 3. And be it further enacted, That so much of any former law as authorises the clerks of county courts to act as clerks of the superior courts, from the last day of February next, until the appointment and qualification of clerks for the said superior courts, shall be, and the same is hereby repealed. 4. All acts and parts of acts within the purview of this act, are hereby repealed. 5. This act shall be in force from and after the passing thereof. CHAP. XIV. An Act to organize and establish Superior Courts of Law in the Counties of Accomack and Northampton, and for other purposes. 1. BE [Passed February 9, 1809.] (21) ampton to con E it enacted by the General Assembly, That, in addition to Counties of Acthe circuits formed by the act entitled an act, to amend comack & North. the act entitled an act to organize and establish a superior court stitute a fourof law in each county of this commonwealth, the counties of Acco- teenth circuit. mack and Northampton shall form a fourteenth circuit, and an additional judge of the general court shall be appointed therefor, Additional judge who shall reside within the circuit and receive a salary of seven to be appointed hundred and fifty dollars, to be paid as the salaries of other judg- therefor. es are paid. A superior court of law shall be holden for the Court, when to be county of Accomack at the courthouse thereof, on the first Monday in May, and the first Monday in October in every year. A superior court of law shall in like manner be holden for the county of Northampton, at the courthouse thereof, on the third Monday in May and the third Monday in October. And each term of the said courts shall continue twelve judicial days, unless the business thereof shall be sooner finished. holden. 2. And be it further enacted, That the several acts to which Acts relating to this is supplemental shall be considered as extending to the four- the subject in teenth circuit in the same manner as to the other circuits in the force. Commonwealth. 3. So much of the act of February last, to which this is supple- Law relating to mental, as relates to the quarterly courts of Accomack county, court of Accoshall be repealed; and all recognizances and process, which are mack repealed. made returnable to the quarterly court in February, shall be returned to the quarterly court to be held in March. 4. And be it further enacted, That a superior court of law shall Time of holding be holden for the county of Louisa, on the third Monday after the superior courtin fourth Monday in April, and on the third Monday after the fourth Louisa. Monday in September in every year, instead of the times prescrib by the before recited act, passed the fourth day of the present month; and the county court of Louisa shall hereafter hold a court of quarterly sessions in the month of June instead of May in each year, 5. This act shall commerce and be in forec from and after the Commencement. passing thereof. CHAP. XV. An Act providing for the redemption of certain Lands forfeited by See post ch. the Non-payment of the Taxes thereon. 1. BE [Passed February 6, 1809.] E it enacted by the General Assembly, That all lands heretofore forfeited, or hereafter to be forfeited to the commonwealth for the non-payment of taxes, by virtue of the laws now in force, shall be redeemable at any time within three years from the time when such forfeiture bath heretofore accrued, or shall hereafter accrue, and until the first day of March next succeed. ing the expiration of the said term of three years, on payment of the taxes due thereon, with an interest of ten per centum per annum, on each year's tax, from the time when the same became or 46, 70, 98, 99— and Sessions acts of 1809, ch. 16--1810, ch. 16, and 1811, ch. 18, 19. Lands forfeited, when and how redeemable. See acts of 9-post ch. 46. 1809, ch. 16, sec. |