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GENERAL ASSEMBLY, begun and held at the Capitol, in the City of Richmond, on Monday the fifth day of December, one thousand eight hundred and eight.

CHAPTER I.

See Rev.

Code, vol. 2. Ap.

An Act to encrease the compensation allowed by law to the Electors No. IX, p. (121,) of a President and Vice-President of the United States.

1.

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[Passed December 8, 1808.]

and Sess'ns acts of 1792, ch. 30, sec. 10.

electors.

E it enacted, That in lieu of the allowance now made by law, for the travelling expenses and attendance of electors Compensation to of a President and Vice-President of the United States, each elsctor shall be allowed for his travelling expenses eight cents per mile and ferriages, and for his daily attendance three dollars. 2. The provisions of this act shall be extended to the electors of the President and Vice-President of the United States now in To extend to eservice.

lectors now in service.

3. Provided, That no compensation for travelling expenses, nor his daily attendance, shall be received by any elector who may be Proviso. a member of the General Assembly.

This act shall commence and be in force from the passing

4. thereof.

1.

CHAP. II.

An Act concerning Elections in certain cases.

[Passed December 12, 1808.]

E it enacted by the General Assembly, That whenever a va

BE

Commencement.

divided.

cancy doth or shall exist in the representation of any coun- Manner of directty of this commonwealth, which hath been, or may become dividing a writ of eleced after the general annual election, the Speaker of the House of tion, where a Delegates shall issue a writ of election to supply such vacancy to County has been the sheriff of each county formed by such division; and the sherif of the county retaining the original name shall, upon the receipt of such writ, forthwith give notice to the sheriff of the other county of the day on which the election shall be holden, which shall be within fifteen days and not less than ten days thereafter:-And both sheriffs shall thereupon give notice to the freeholders of their respective counties of the time and place appointed for holding such election, by advertisement to be affixed at four of the most convenient places in each county, not less than five nor more than ten days before the election, and the election shall be made in the sheriff. courthouse of each county by the sheriff, or in his absence by the under sheriff thereof, in the manner prescribed for a general election; it shall be held on the same day in each county, and no

Duties of the

votes shall be received, except by virtue of a freehold in the coun- Election, how to ty where the vote shall be given. The sheriff's or under sheriffs of be conducted. both counties conducting the election shall, on the fourth day af

ter that appointed for holding the said election, meet at the courthouse of that county retaining the name of the county before the

division, and shall then and there compare the polls respectively taken at the elections in their several counties, and having ascertained the person having the greatest number of votes, giving their own votes, in any case of the two foremost on such polls having Election, how to an equal number of votes, and in case their votes also shall be dibe decided in vided, deciding the same by lot, shall make their return in the case of an equali. ty of votes. following manner, or to the following effect; upon each writ shall be indorsed these, or the like words: "The execution of this writ appears in a schedule hereunto annexed;" and on another paper connecting the several writs together, shall be written these, or the like words; "By virtue of these writs to us directed in our Return of the full counties held at the courthouses thereof respectively, on the cheriff. day of in the year of our Lord by the electors of our said counties, qualified according to law, we caused to be chosen a delegate (or delegates) namely,

Election, how to

to

fill the vacancy or (vacancies) in these writs mentioned. Given under our hands and seals the day and year aforesaid." And the officers conducting the elections shall make their returns immediately, to the Speaker of the House of Delegates.

2. And be it enacted, That whenever a vacancy shall occur in be conducted in the representation of any senatorial district embracing a county, case of a senato- which shall have become divided as aforesaid, the election for supplying such vacancy shall be conducted in all respects as if the new county had existed and formed a part of the said district before the general election.

rial vacancy.

Commencement.

See Revised

Code, vol. 2, pa. 131, and Sess❜ns. acts of 1806, ch. 25, sec. 1.

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

CHAP. III.

An Act to amend the Act giving power to the County Courts to establish Ferries, and to regulate the Rates of Ferriage.

[Passed January 4, 1809.]

Certain part of 1. BE it enacted by the General Assembly, That so much of the

he act authorising courts to establish ferries, &c. repealed.

Proviso.

Commencement.

act passed the seventeenth day of January, one thousand eight hundred and seven, entitled "An act giving power to the county courts, to establish ferries and regulate the rates of ferriage," as directs the courts, in fixing the rate of ferriage, to observe that for every wheel of a carriage, the same ferriage be allowed as for a horse, shall be, and the same is hereby repealed. And the said courts may in their discretion fix the rate of ferriage on wheel carriages. Provided, That a majority of the magistrates of such courts shall be present when such rates shall be established by virtue of this act.

2. This act shall be in force from and after the first day of May next.

CHAP. IV.

An Act allowing Persons arraigned of Misdemeanors in certain cases, the right of Challenge.

[Passed January 9, 1809.]

Persons arraign. 1. BE it enacted by the General Assembly, That in all cases

ed for misdemea

where any person or persons shall hereafter be put upon nors, entitled to his, her or their trial for any misdemeanor, the punishment the right of chal- whereof is or shall be confinement in the jail and penitentiary lenge.

house of this commonwealth, such person or persons shall be allowed the same right of challenge as is allowed to persons arraigned for felony.

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

1.

CHAP. V.

An Act concerning Executions, and for other purposes,

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[Passed January 31, 1809.]

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Conditions on

ments & decrees.

E it enacted by the General Assembly, That the defendant or defendants shall have power to stay exccution upon any which defendants judgment or decree for money, which hath been or shall be render- may stay execu ed either by a court or justice of the peace, by tendering to the tions on judg court or justice of the peace by whom judgment shall have been rendered, within sixty days after the rendition of any judgment hereafter to be rendered, or within sixty days from the commencement of this act, as to any judgment or decree heretofore rendered, bond with sufficient security, payable to the plaintiff, or plaintiffs, his, her or their executors, administrators or assigns, in double the amount of the demand, conditioned to pay the principal and interest; Provided always, that the said bond and security may be given, either in court, or in the clerk's office of said court at any time within the aforesaid sixty days.

2. And be it further enacted, That when any distress for rent On proceedings due in money shall be made, the tenant may stay proceedings on on distress for such distress, by giving like bond with sufficient security, to rent. the sheriff or other officer levying the same, payable to the landlord, his executors, administrators or assigns, which bond it shall be the duty of such officer to deliver to the landlord, his agent, or attorney; or to return the same to the clerk's office of the county or corporation in which the distress shall have been made, within thirty days thereafter.

bonds.

3. And be it further enacted, That no execution shall issue up- And on replevy, on any replevy bond, bond given for property sold on twelve 12 months and months credit, or forfeited forthcoming bond heretofore executed, forthcoming provided, the obligors or their legal representatives shall give like bond and security to the court, or, if that be not holden, in the clerk's office of the court which by law now is, or hereafter shall be authorised to enforce the payment of such bond, within sixty days after the passage of this act, or before such replevy bond shall become due, or execution be awarded on such forfeited forthcoming bond.

Unsatisfied exe cutions in officers' hands to be

4. And be it further enacted, That every unsatisfied execution for money, which at the commencement of this act shall be in the hands of any sheriff, or other officer, may be stayed in the same manner as a judgment: Provided, the bond and security be Proviso. given for such purpose before the officer proceeds to sell.

stayed.

5. And be it further enacted, That the bonds taken in pursu- Bonds under this ance of this act, shall have the force of a judgment, and be as- act to have the signable, and, upon the expiration of this act, may be acted upon ment, be assignaforce of a judgas twelve months replevy bonds may be proceeded upon when bie, &c. due.

6. And be it further enacted, That all proceedings shall be sus- Proceedings on pended upon any decree rendered by any court of chancery for the decrees for sale sale of real or personal property, and also all proceedings by any on trust deeds,

of property, and

the same manner.

Provise.

may be stayed in trustee, on any deed of trust, may be stayed in the same manner as a judgment may be stayed by virtue of the first section of this act; in which case the bond with security is to be given in the name of the creditor to the trustee or commissioners: Provided nevertheless, That nothing in this act contained shall be so construed as to extend to any deed of trust, mortgage, or other lien on real or personal estate, given or created to indemnify any person or persons as security, or to secure the re-payment of any money paid by any person or persons as security for another, or to secure the payment of any sum or sums of money, received by another as attorney, sheriff, sergeant, coroner, constable, guardian, executor, administrator or committee of an ideot or lunatic, or ether person of unsound nind, or as receiver, or trustee under any order or decree of any court of law or equity.

Proceedings tobe had when the o

bligee shall think the security in

sufficient.

7. And be it further enacted, That if at any time the obligee or obligees, his, her or their executors, administrators or assigns of any of the bonds to be taken by virtue of this act, shall think the security insufficient, or likely to become so, he, she or they, as the case may be, shall have power upon giving ten days notice to the principal debtor, or debtors, his, her or their executors or administraters, if to be found in the county or circuit, and if not to be found, on advertising the same for one month, at the courthouse door, to move the court, to stay whose judgment or exeeution the bond and security shall have been given, for new security, which if the court award, and the defendant or defendants, his, her or their exccutors or administrators, shall fail to give, he, she or they, as the case may be, shall be deprived of the benefit of this act, and the bond theretofore given, shall be proceeded upon as if this act had expired. The landlord, his executors, administrators or assigns, shall have the same remedy against his tenant, his, her or their executors or administrators as to insufficient security, before the court of that county or corporation in which the distress was made.

Securities may 8. And be it further enacted, That any security to bonds, given require counter by virtue of this act, his, her or their executors or administrators, security. shall have power (with like notice) to require counter-security; and upon failure of the principal debtor or debtors, his, her or their executors or administrators, to give such, he, she or they shall forfeit the privileges of this act, and execution may go against the principal debtor or debtors, his, her or their executors or administrators, in favor of the creditor, and for the relief of the said security or securities, who nevertheless shall remain bound to the original ereditor in terms of their bond.

Proviso.

Provided always, That no judgment, execution or sale shall be stayed, until bond, with security, according to the provisions of this act, shall have been given; and that this act shall be construed to apply only to judgments for money arising upon contract Cases to which heretofore entered into, and to judgments for money, which have the provisions of been or may be rendered in suits where the cause of action shall

this act extend.

have accrued before the passage of this act; but that it shall not extend to judgments in actions of slander, assault and battery, trespass, and actions on the case founded in tort, and that it shall not apply to any judgment which shall be, or may have been recovered by any person or persons, his, her or their executors or administrators, as security against another, or to any judgment which shall be, or may have been recovered by any person or persons, his, her or their executors or administrators, as security,

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