Former owner of forfeited lands, permitted to redeem.

Sess'ns acts

of 1808, ch. 14,

and Ante p. 21.

Duties of the auditur, &c.

What lands liable.

Commissioners of

revenue discharged, &c.

Deeds, to whom to be made.

Rep'ling clause.

Penalty on commissioner neg lecting, &c.

Commencement.

9. Be it enacted, That the former owners of forfeited lands, which are made irredeemable by the first section of the act, entitled, an aet providing for the redemption of certain lands forfeited by the non-payment of the taxes due thereon, shall be permitted to redeem said lands, at any time before the first day of May, in the year one thousand eight hundred and eleven, by the payment of the amount required by the act aforesaid, and ten per centum oa the amount thereof.

10. Be it further enacted, That the lists which it shall be the duty of the auditor of public ac ounts to deliver to the collector of taxes, pursuant to the second section of the aforesaid act, shall be of all lands which would have become irredeemable at the time mentioned in said second section if this act had never been made, and which shall not be thereafter redeemed. The auditor of public accounts shall not be obliged to deliver said lists to the collector in the year of one thousand eight hundred and eleven, until the first day of June; and the duty required of the collector by the said second section shall not be performed by him.

11. Be it further enacted, That the sales to be made by virtue of the third section of the aforesaid act, shall be of ail lands which would have been liable if this act had never been made, excepting nevertheless such lands as may be redeemed by virtue of this

act.

12. Be it further enacted, That the commissioners of the revenue shall be, and they are hereby discharged from all duties required by the aforesaid act, and the sales to be made pursuant to the said act shall be made by the commissioners appointed by this act, or any two of them. The purchasers at sales, pursuant to the aforesaid act, shall pay the money for which said sales shall be made to the sheriff, who shall grant receipts therefor; and the said purchasers shall deliver said receipts into the office of the clerk of the superior court of law in each county, which clerk shall certify the same to the auditor of public accounts, to be used by him as evidence, in the same manner and under like regulations as is prescribed by this act to be done and performed in cases of sales of lands for the failure of the owners thereof to enter the same in the commissioners' books,

13. Be it enacted, That the deeds to be made in virtue of the eighth section of the aforesaid act shall be made by the commissioners appointed by this act, or any two of them, and not by the sheriff only.

14. Be it enacted, That so much of the aforesaid act as comer within the purview of this act shall be and the same is hereby re pealed.

15. Be it further enacted, That every commissioner appointed by this act who shall fail or refuse to carry the same into execu tion, without some reasonable excuse, to be adjudged of by the court, shall forfeit and pay five hundred dollars, recoverable by action of debt or information, to the use of any person who will inform or sue for the same.

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

CHAP. XLVII.

An Act to amend the seceral Acts concerning the County and other
Inferior Courts of this Commonwealth.

1.

BE

[Passed February 8, 1810.]

of any

de

See Rev'd

Code, 1st vol. p.

E it enacted by the General Assembly. That the several County and corcounty and corporation courts within this commonwealth, poration courts writs of ne exat their monthly and quarterly sessions, shall have the same pow- power to grant eat. er to grant writs of ne exeat, to prevent the departure fendant out of the county till security be given for performing the decree of the court, as is now given to the superior courts of chancery in term time, and to be exercised in the same manner, 2. And be it further enacted, That any two justices of the peace of a county or corporation, when the court is not sitting, shall have the same power of awarding writs of ne exeat, as is now exercised by the judges of the superior courts of chancery in vacation.

67, 68.

Two magistrates similar power in

certain cases.

3. And be it further enacted, That on application to an inferior Applicant to give court whilst in session, or to two of the members thereof in vaca- bond, &c. tion, it shall be the duty of the said court, or of the two justices in vacation, to require of the applicant bond with sufficient security, in a sum at least double the amount of the debt or value of the thing claimed. That the court when in session shall by order fix the penalty of the said bond, and in vacation the justices shall, by their endorsement on the affidavit required by this act, in like manner ascertain the penalty in which the bond is to be taken. That it shall be the duty of the clerks of the respective county and evrporation courts to take the said bond when sufficient security is offered; and on the applicant's complying with the provisions of this act, the clerk of the said court shall furnish to him a writ of ne exeat in the following form: "The commonwealth of Virginia to Form of the writ the sheriff' or coroner of county (or sergeant of the greeting: Where

or to

(as the case may

city, corporation or borough of
as it is represented to the court of the county of
the court of the city or borough of
be) or to two of the members of one of the aforesaid courts, viz:
A. B. and C. D. two justices or aldermen (as the case may be) on
the part of E. F. in a suit instituted by him against G. H. defen-
dant, that the said G. H. designs quickly to leave this common-
wealth, as by oath made in that behalf appears, which tends to the
great prejudice and damage of the said E. F. therefore in order
to prevent this injustice, you are hereby commanded, that you do
without delay cause the said G. H. to come before you, and give
that he will not go, or
sufficient bail or security in the sum of

attempt to go out of the limits of this commonwealth without the
leave of our said court, or performing such decree as may be made
in the suit aforesaid; and in case the said G. H. shall refuse to
give such bail or security, then you are to commit him to the jail
of your county, city or borough (as the case may be) there to bo
kept in sale custody until he shall do so of his own accord ; and
when you have taken such security, you are forthwith to make
and return a certificate thereof to the justices of our said court
distinctly and plainly under your seal, together with this writ.---
Witness, &c."

4. And be it further enacted, That the clerks of the county and Fees to the other inferior courts of this commonwealth for performing the so

clerks.

Court to have power to revise and controul

veral duties required by this act, shall be allowed the same fees as the clerks of the superior courts of chancery receive for similar services.

5. And to prevent oppression and delay, Be it further enacted, That the court to which the proceedings on a writ of exeat granted by two magistrates may be returned, shall have full power judgment of ma to revise and controul the judgment of the said magistrates, and tô gistrates in gran affirm or to reverse the decision, as to the propriety of having awar ing ne exeats. ded such writ. All questions concerning writs of ne exeat granted in vacation shall be among the first motions concerning civil busiJustices authoriness acted on by the court, without regard to their order on the docket,

rior courts.

sed to hold defendant to ap6. Be it enacted, That any justice of the peace in actions of pearance bail in certain actions trespass, assault and battery, trover and conversion, and in actions brought in supe. on the case, commenced in the superior circuit court of law of any county, where upon proper affidavit or affirmation it shall appear to him proper that the defendant or defendants should give appearance bail, may and he is hereby authorised to direct such bail to be taken by endorsement on the original writ or subsequent process, and every sheriff shall govern himself accordingly.

See acts of 1810, ch. 10, post ch. 64.

See sess❜ns acts of 1809, ch. 13, and ante p. 48.

Preamble.

Construction of the former act.

Sess'ns acts

CHAP. XLVIII.

An Act Supplemental to an Act, entitled "an Act, to continue in force for a limited time, an Act paseed on the thirty first day of January last, entitled an Act concerning Executions, and for other purposes."

W

[Passed February 9, 1810.]

WHEREAS difficulty may arise in the construction or application of an act, entitled" an act to continue in force for a limited time an act passed on the thirty-fist day of January last, entitled an act concerning executions and for other purposes," oecasioned by delay in its final passing;

1. Be it therefore enacted by the General Assembly, That the said act shall be so construed as to apply to an act passed the thirty-first of 1808, ch. 5, day of January, one thousand eight hundred and nine, entitled an act "concerning executions, and for other purposes," in the same manner that it purports to apply to an act passed on the thirtyfirst day of January last, entitled an act "concerning executions and for other purposes."

ante p. 5.

Proceedings on certain bonds.

When execution

may be awarded

2. And be it further enacted, That where any bond has been, or shall be taken, by any sheriff or other officer, by virtue of the said act, passed on the thirty-first day of January, one thousand eight hundred and nine, such officer shall be liable to the same fine for not returning such bond to the proper office, or delivering it to the party entitled to receive it, as directed by law for not returning a replevy bond.

3. And be it further enacted, That on all bonds entered into by virtue of the last recited act, pursuant to any judgment rendered on bonds taken by a justice of the peace, any magistrate of that county, where such bond was executed, may award execution thereon at any time after the thirty-first day of May next.

before a magis

trate.

Certain bonds to

4. And be it further enacted, That all bonds taken by virtue of have the force of the act of assembly passed on the first day of February, one thoujudgments. sand eight hundred and eight, concerning executions for the sale of property on twelve months credit, shall have the force of judg ments, and be proceeded on in the same manner as replevy bonds under the said act; and it shall and may be lawful for the clerks

See Rev'd

of the respective courts within this commonwealth, where such bonds may be lodged, to issue execution or executions thereon af- Code, 2d vol. p. ter the thirty-first of May next; any thing in the said act contain- acts of 1807 ch. 156, and sess❜ns ed to the contrary notwithstanding. And on all executions issu- 6. ed on bonds taken by virtue of an act passed on the first of February, 1808, entitled an act concerning the sale of property under executions and incumbrances, and an act entitled an act concerning executions and for other purposes, passed on the 31st of January, 1809, the clerks or the justices, as the case may be, shall endorse "no security to be taken."

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

CHAP. XLIX.

An Act to amend the several Laws concerning the Inspection of

1.

Tobacco.*

[Passed February 9, 1810.]

:

sed of.

Penalty for chan ging note, &c.

Proviso.

E it enacted by the General Assembly, That whensoever Refused tobacco, warehouse, the owner thereof shall not remove but may dispose of the same by sale to any person or persons whomsoever, and it shall be the duty of the inspectors, at every public warehouse in this commonwealth, to issue notes for every hogshead of refused tobacco, specifying on the face of such note the number, gross and nett weight, and that it is refused tobacco, which shall in like manner be marked on each cask; and if any person be detected in altering or changing the face of such note, the person so detected shall be dealt with in the same manner as the law prescribes in cases of forgery of tobacco notes heretofore and it shall not be lawful for any inspector to deliver any hogshead of refused tobacco without the note accompanying the order for such delivery: Provided however, nothing contained in this act shall be so construed, as to authorise inspectors of tobacco to become purchasers thereof. 2. And be it further enacted, That it shall not be lawful for any Refused tobacco, inspector of tobacco at any public warehouse in this common- to whom to be dewealth to deliver any hogshead of refused tobacco to any person livered. or persons other than a licenced stemmer or manufacturer, who shall be licenced in the county or corporation court in which he may reside, and shall be bound in a penalty not less than five thousand dollars faithfully to comply with the provisions of this act, and also to have administered to him in open court the following oath or afirmation, viz : I — in the presence of "Almighty God, do solemnly swear or affirm (as the case may be) "that all refused tobacco, which shall by me be received or shall in any way come into my possession, either as my own property "or consigned to me by other persons, shall not pass out of my "possession directly or indirectly until it first shall have been du“Îy inspected and passed, as is provided for, in the act entitled an "act to amend the several laws concerning the inspection of to"bacco."

9

3. And be it further enacted, That no refused tobacco which is received by any stemmer or manufacturer, shall pass out of his

Oath to be taken by licenced stemmer or manufac turer.

Refused tobacco rec'd by stem

mer or manufac turer, how to be

(*) See Rev'd Code, p. 58, 83, 100, and sess'ns acts of 1803, ch. 91-1804, ch. disposed of. 13-1805, ch. 70, and 1808, ch. 6-Rev'd Code, 2d vol. ch. 7.

Executive autho

rised to appoint fourth inspector.

See Rev'd Code, 1st vol. p. 256, 257.

Proviso.

possession, until it first shall have been duly inspected and passed. If it be manufactured, it shall be inspected as the law has heretofore provided for the inspection of tobacco; and if it be prepared, as leaf or stemmed tobacco, it shall be prized in hogsheads, and inspected at any one of the public warehouses, which, when passed at such public warehouse, shall have imposed upon it the same duties, and shall be entitled to the same advantages as it would have been had it not been originally refused.

4. And be it further enacted, That if any person or persons shall ship any refused tobacco, unless it shall be first inspected and passed, as is provided for in this act, he or they shall forfeit and pay one dollar for every pound of tobacco so shipped, which shall be recovered in any court of law, having original jurisdiction in this commonwealth; and it shall be lawful for any person to sue for the same; and if it be a licenced stemmer or manufacturer thus offending, he shall forfeit his licence and the penalty annexed thereto, and shall ever after be disqualified to hold such licence; and the informer shall be entitled to one half of any money thus forfeited and recovered; and the balance to the commonwealthall acts and parts of acts to the contrary notwithstanding: Pro vided however, that at any time the owner of such refused tobacco, his or their agent, shall be at liberty to pick and re-prize the same at their discretion.

5. And be it further enacted, That it shall be the duty of every inspector of tobacco and of every civil officer in this commonwealth to give information of every offence committed against this act, which shall come within his or their knowledge, to some at torney or prosecutor for the commonwealth, whose duty it shall be, thereupon, to institute a prosecution against the person or persons offending for the penalty or penalties prescribed by this act. And whenever any prosecution instituted upon information of any inspector or other officer shall fail, the costs of such prosecution shall be paid by the Treasurer out of the surplus money arising from the inspection of Tobacco; and the Auditor shall issue a warrant therefor in favor of the party entitled, upon his exhibiting to him a copy of the judgment of the court therefor.

6. Be it further enacted, That the executive shall be, and are hereby authorised to appoint a fourth inspector, at any warehouse within this commonwealth, whenever in their opinion such ap pointment shall become necessary. The said inspector shall officiate as such, whenever a sufficient number of the inspectors already appointed shall, from sickness or other cause, be incapable of acting, and shall be paid out of the salaries of the inspectors failing to act, in proportion to the time he shall officiate: Provided however, That nothing in this act shall be so construed as to prevent any inspector or inspectors of tobacco in any county within this commonwealth, above the falls of the rivers, or other inspee tion at which there is no licenced stemmer or manufacturer of to bacco, from delivering such refused tobacco to any person or per sons whatsoever, upon his or their giving to the said inspector or inspecters a receipt for the same, and moreover executing a bond with approved security to such inspector or inspectors, in the penalty of one hundred dollars for every hogshead or hogsheads of tobacco so received, conditioned that the said hogshead or hogsheads of tobacco shall not be sent out of this commonwealth by him, her or them, as the case may be, but that the same shall be sold or disposed of to a licenced stemmer or manufacturer of tobaccs