See Rev'd Code, 1st vol. p. 85, and the case of Wilkinson vs. Mayo, SH. & M. 565. Preamble. Certain cases in which quarterly and monthly courts have exerjurisdiction, de cised concurrent clared valid. Provision in certain cases. Concurent jurisdiction, when. CHAP. XXVI. An Act concerning the jurisdiction of County and Corporation [Passed February 10, 1809.] HEREAS doubts have arisen whether the probat of wills, the granting of letters of administration upon intestate's estates, and the admission of deeds to record, at the quarterly terms, of the county and corporation courts, is legal; for remedy whereof, 1. Be it enacted by the General Assembly, That in all questions which shall hereafter arise, in any court of law or equity, touching the probat of wills, the granting of letters testamentary, or letters of administration heretofore made or granted at quarterly terms of the county and corporation courts, such probat, letters testamentary, or letters of administration, shall be taken and adjudged to be as good and valid to every intent and purpose as if the same had been made or granted at a monthly term. 2. Be it further enacted, That in all questions which shall hereafter arise on any deed heretofore proved wholly, or in part, at a quarterly term of a county or corporation court, and admitted to record, and in which the execution of such deed shalll be drawn in question, the probat thereof, and the order so made shall be taken, as against the grantor, bargainor or lessor, his heirs and de visces, and as against all subsequent purchasers, who shall become so after the passing of this act, or who heretofore have become purchasers with notice; and also as against all those claiming under such future purchaser or former purchaser with notice, to be as good and sufficient evidence of the execution of such deed as if such probat and order had been made at a monthly term. 3. And be it further enacted, That county and corporation courts shall have hereafter concurrent jurisdiction, at their monthly and quarterly terms, to receive the probat of deeds and wills, and to grant letters of administration and letters testamentary. 4. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. XXVII. Rev'd Code, An Act to amend an Act, entilled an Act, to empower the Executive 2d. vol. p. 135, to appoint persons to collect Arrears of Taxes. and sessions acts of 1806, ch. 4. [Passed February 11, 1809.] Agents appointed 1. BE it enacted by the General Assembly, That the agents ap to collect arrears of taxes, how to proceed. of distress. pointed, or hereafter to be appointed, by virtue of the act, entitled "An act to empower the Executive to appoint persons to collect the arrears of taxes," shall proceed to collect all ar rears of taxes due this commonwealth, including those appropriated by several acts of the General Assembly to particular objects, prior to the first day of November, one thousand eight hundred and six. 2. The said agents or any person or persons acting under their To have power authority, shall have like power of distress within their res pective districts, as other collectors of public taxes have by law. 3. All persons appointed by the agents, and accepting to assist give bond and se- in the collection of the arrearages of taxes, shall, before they procurity. ceed to collect, give bond and security, and take an oath for the Such agents to faithful discharge of the duties of their office of collectors, and they and their securities shall be subject to a recovery in a summary way by the agent, as deputy sheriffs and their securities are to their principals. 4. It shall be the duty of the auditor of public accounts, upon Duties of the au the application of the agent, to make out transcripts of the commis- diter. sioners' books, for all arrears of taxes due to the commonwealth within his district, prior to the first day of November, one thousand eight hundred and six; and such transcripts shall be considered authority by which the agent, or those acting under his authority shall proceed to collect. 3. And be it further enacted, That it shall be the duty of the Agents to take agents to take receipts of the sheriffs or other officers to whom receipts of she executions in behalf of the commonwealth are delivered; and in riffs, &c. case they fail to return the process so delivered, and the monies collected or bonds by them taken to the agent delivering such process on or before the return day mentioned in such execution, a copy of the receipt chall be transmitted by the agent to the auditor of public accounts, which shall be deemed sufficient evidence for the auditor to obtain a judgment against such delinquent sheriff or other officer for failing to return such process. 6. This act shall commence and be in force from and after the Commencement, passing thereof. CHAP. XXVIII. See R. Code, 2d vol. p. 141. of 1806, ch. 30. An Act to amend an Act, entitled an Act, concerning the distribution and sess'ns acts of Public Arms. [Passed February 16, 1809.] 1. BE Public arms, E it enacted by the General Assembly, That it shall be the duty of the Executive to distribute the public arms now in how to be distri the capitol and armory, and those hereafter manufactured, by for- buted. warding them to the colonel commandants of each regiment, so as that there shall not remain at any time undistributed a greater number than six thousand muskets, three hundred rifles, and one Number to be rethousand five hundred swords. tained. 2. It shall be the duty of the Executive, forthwith to cause such old arms to be public arms in the city of Richmond not distributed, as are out of repaired. order and capable of being rendered completely serviceable at less expense than it would cost to fabricate new arms fit for use, to be repaired by private contract or otherwise, so as to render them fit for use, at the least possible expense to the commonwealth, to be determined by authentic estimates of the various modes of repair in the election of the Executive: nor shall any of said arms be deemed incapable of repair according to the meaning of this act, unless first viewed and reported in writing so to be, by at least three disinterested artists, skilled in the manufacture of arms, previously sworn to declare the truth of the case. Code, p. 159, and sess'ns acts See 2d vol. Rev'd 3. Be it enacted, That as the Executive cause to be mounted on sufficient carriages, any piece or pieces of artillery, belonging to distributed. Artillery to be this commonwealth, agreeably to an act for the defence of the eastern frontiers of this commonwealth," it shall be lawful for the governor with advice of council, to cause the same to be distributed, in such manner as the service of the state may require. 4. And be it enacted, That the amount expended in the said repairs, shall be paid out of any money in the treasury not otherwise how to be paid appropriated. E of 1807, ch. 8. for. Repl'ingclause. Commencement. 5. All acts and parts of acts, within the purview of this act, shall be, and the same are hereby repealed. 6. This act shall be in force from the passage thereof. CHAP. XXIX. See Rev'd Code, An Act concerning the Mutual Assurance Society against Fire on vol. 2d, Appen dix No. VIII. Preamble. Buildings of the State of Virginia. [Passed February 16, 1809.] HEREAS it has been represented to the present General Assembly by a committee duly appointed by the Mutual Assurance Society against fire on buildings of the state of Virginia, that it will greatly tend to the prosperity thereof, if the changes herein after mentioned be made in the constitution of the said society: 1. Be it therefore enacted by the General Assembly, That any inGeneral meeting terest in a building may be assured in the said society in such manner and on such terms as the general meeting thereof, or the com mittee herein after mentioned may limit and appoint. mny limit the manner of assurance. Office of presi dent, directors and cashier gene ral abolished. Money to be paid into the Bank. mittee. Duties of said committee. 2. And be it further enacted, That the offices of president, directors, and cashier general of the said society, be and the samé are hereby abolished: and all monies received, or collected for and on account of the said society shall, by the person, or persons receiving or collecting the same, be paid into the bank of Virginia, on warrant from the principal agent, who shall acquit the person or persons paying the same upon the production of a receipt from the cashier, or other proper officer of the bank. 3. Be it further enacted, That instead of the office of president General meeting and directors, there shall be appointed by each annual general to appoint a com- meeting a committee to consist of as many of the members of the said society, as they shall from time to time think proper for the better ordering the affairs of the said society, who shall continue to discharge all the duties to be assigned them by the general meeting until a new appointment be made, and who shall meet quarteryearly or oftener if they think proper, or are required so to do by the principal agent; any three of whom shall form a quorum, and before whom the principal agent shall exhibit the record of his proceedings and the vouchers for his expenditures during their recess; and who shall examine, settle and report his accounts to the general meeting, and who shall keep a journal of their proceedings and have power from time to time to make any rules and regulations as to the government of the said society, and exercise all the powers now exercised by the president and directors, except what may be assigned to any other person or persons by the general meeting of said society; and which shall have full force and effect, unless rescinded by the general meeting, before whom they shall lay the journal of their proceedings. Vacancies in said committee, how to be supplied. Oath to be taken by principal agent. 4. And be it further enacted, That in case of the death, resig nation or refusal to act, of any of the members of the said committee so to be appointed, the vacancies occasioned thereby shall be supplied in such manner as the general meeting of the said søciety have or may direct. 5. And be it further enacted, That the principal agent for the time being, before he exercises the duties of his office, shall take the following oath, to wit: I de solemnly swear, that I will well and truly, to the best of my skill and abilities, faithfully perform the duties of my office of Principal Agent of the Mutual Assurance Society against fire on buildings of the state of Virginia, so long as I continue in office-so help me God; and moreover give bond and security to be approved of by the said committee in such penalty as the general meeting of the said society shall direct, conditioned for the faithful discharge of the duties of his office, and who shall receive such salary as the general meeting from time to time may allow, and continue in office until a new appointment shall be made. 6. And be it further enacted, That hereafter no quota or quotas No quota to be shall be assessed upon the members of the said society; nor shall assessed. any member who may have paid his original premium cease to be insured, notwithstanding he may have failed to pay any addition- Person who has paid premium al premium, quota or parts of a quota heretofore required, and not to cease to be that the general meeting of the said society or the committee afore- insured for nonsaid be and they are hereby authorised to require the members payment of quo of the said society, or such as may hereafter become members, to pay annually for the next succeeding ten years, such part of the What part of o original premium, as they have or may deem proper, to be col- riginal premium lected and accounted for in the mode hereinafter directed; Pro- may be called for. zided, That such annual sum do not exceed one fifth of the origi ta, &c. nal premium in the towns, and one seventh in the country; And Proviso. shall have paid such original premium. 7. And be it further enacted, That from and after the passing Provision for reof this act, the principal agents of the said society may proceed with valuation. the appraisers to re-value any buildings not yet re-valued since the last periodical term of re-valuations, and at such periodical re-valuations as the general meeting may hereafter direct, which may have been, or may be declared for insurance in the said society, in such manner and under such regulations as the general meeting of the said society, or the committee aforesaid may limit and appoint, and that no new declaration and signature of the proprietor or proprietors shall be necessary; and that the certificates of such special agent and appraisers, shall be as effectual, as the declarations of re-valuation now required; any law, usage or custom to the contrary notwithstanding. 8. And be it further enacted, That any member of the said so- Members, how ciety, or any person who may hereafter become a member thereof, to withdraw. may withdraw in such manner and under such regulations as the general meeting of the said society have, or may hereafter limit and appoint. such 9. And be it further enacted, That in case of death, resignation Provision where or inability to act of the principal agent during the recess of the general agent is general meeting of the said society, the said committee be and they incapable of act are hereby authorised to appoint a principal agent, upon ing. terms, and in such manner as the general meeting have or may direct; and who shall take the same oath, and give like bond and security to the said society, to be approved by the said committee, as is herein required to be given by the principal agent, who thereupon shall be qualified to execute all the duties of the office, until such disability be removed, or until the next annual appoint ment. 10. And be it further enacted, That all original papers or copies Papers, when valid. Rep'ling clause. Froviso. Reservation. from the records of the general office of the said society, attested by the principal agent for the time being, and all policies signed by him, shall be effectual in law, as if authenticated in the mode heretofore prescribed by law, & shall be as good evidence in all the courts of this commonwealth as the originals if produced would be, or as if authenticated in the mode heretofore prescribed. 11. And be it further enacted, That all acts and parts of acts coming within the purview of this act, shall be and are hereby repealed: Provided nevertheless, that nothing herein contained shall be construed to affect any contracts made with, or debts and claims heretofore due to or from the said society: and that the principal agent shall and may in all cases represent the persons heretofore in office, concerning all things to be done by them respectively, under such regulations as may have been or shall be adopted by the said society. 12. Nor shall any thing herein contained, affect any remedy or remedies, which the society may at present have against the property insured. CHAP. XXX. Two years allowed to improve upper navigation. Majority of commissioners here tofore appointed, An Act giving further time to the James River Company, to complete the Navigation thereof. 1. B [Passed January 20, 1809.] E it enacted by the General Assembly, That the further time of two years, to be computed from the passing of this act, shall be and the same is hereby allowed the James river company, to make the river well capable of being navigated in dry seasons, by vessels drawing one foot water at least, according to the terms of their charter; and that in the mean time they be allowed to receive the tolls established by law. 2. A majority of the commissioners heretofore appointed, shall have power to view and explore the river according to the provito view said river. sions of the act, passed on the thirty-first day of January, one thouSee Rev'd Code, sand eight hundred and five, entitled "An act concerning the James river company." and sess'ns acts of 1804, ch. 30. 2d vol. Appen. dix No. 1, p. 8, Five years allowed for connecting with tide water. 3. And be it further enacted, That the said company shall be allowed the further time of five years from the passing of this aet, and no longer, for opening the navigation of said river to tide water, according to the terms of the eighteenth section of the aet, entitled an act, for clearing and improving the navigation of James river. And in case the said company shall fail to complete the Appendix No. I, same in the time hereby limited, it shall be lawful for the General Assembly for ever thereafter, to regulate the rates of toll, to be received by the said company, and furthermore to enforce the completion of the said navigation, under such terms and conditions as by law may be prescribed. p. 8, Commencement. 4. This act shall commence and be in force from and after the passing thereof. |