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Capitol, in the City of Richmond, on Monday the third day of December, one thousand eight hundred and ten.

CHAP. LV.

Public taxes for the year 1810.

1.

An Act imposing Taxes for the support of Government. [Passed January 30, 1811.]

E it enacted by the General Assembly, That the public taxes for the year one thousand eight hundred and eleven shall be as follows, to wit: on lands for every hundred dollars value, agrecably to the equalizing law, forty-eight cents; for every slave above the age of twelve years, except such as have been or shall be exempted in consequence of age or infirmity, by the respective county or corporation courts, forty-four cents; for every stud horse or jack ass, twice the price such horse or ass covers a mare by the season; for all other horses, mules, mares and colts, twelve cents each; for every ordinary licence five dollars, on every hundred dollars of the rent of such ordinary, to be ascertained by the rent paid by the tenant ; and where such tavern is in the occupancy of the proprietor, the yearly value shall be ascertained by the commissioners of the revenue: Provided, That for every ordinary licence, not less than twelve dollars and fifty cents shall be paid for every four wheeled riding carriage, except phætons and stage waggons, one dollar and twenty-five cents per wheel; for all photons and stage waggons, eighty-four cents per wheel; for every other riding carriage with two wheels, forty three cents per wheel; for all houses and lots in town, one doliar and fifty-six cents on every hundred dollars of the rent thereof, to be ascertain ed by the rent paid by the tenant; and where such house or lot is in the occupancy of the proprietor, the yearly rent or value thereof shall be ascertained by the commissioners of the revenue, or either of them, by comparison of its value with that of other houses or lots actually rented; on every licence to sell merchandize of foreign growth and manufacture, by wholesale and retail, forty dollars; on every licence to retail such goods, fifteen dollars; on every licence to a hawker or pedlar, of dry goods, tin or pewter ware, thirty dollars; on cach appeal to the court of appeals from the superior courts of chancery, and superior courts of law in this commonwealth, two dollars: Provided, that no taxes shall be collected on lands, lots, houses or other property belonging to this commonwealth, or to any county, town, college or seminary of learning, or attached to any house or houses for divine worship: And provided also, That nothing in this act shall be so construed as to prevent any farmer or planter, from selling salt, tea, sugar, molasses, coffee, spices, iron or steel to his neighbors, when such articles were purchased as a return load for his or her produce or other property taken to market.

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

CHAP. LVI.

An Act Appropriating the Public Revenue.

[Passed January 30, 1811.]

1. BE it enacted by the General Asembly, That the taxes and ar- Public revenue rearages of taxes not otherwise appropriated, due prior to how appropriat, the year one thousand eight hundred and eleven, & all other branch- ed. es of public revenue which arise to the commonwealth prior to the first day of January, one thousand eight hundred and twelve, and the surplus of all appropriations heretofore made, shall constitute a general fund, and be appropriated in the following manner: For the expenses of the general assembly, fifty thousand dollars; for officers of civil government, seventy thousand dollars; for offieers of militia, including adjutant general and brigade inspectors, elerks, adjutants, provost martials and musicians, six thousand five hundred dollars; for militia fine fund, one thousand five hundred dollars; for criminal charges, including guards in the country, nineteen thousand seven hundred dollars; for removing criminals to the penitentiary, three thousand dollars; for the internal charges of the penitentiary, including officers' salaries, nine thousand five hundred and forty-six dollars, and twelve cents; for slaves executed and transported, six thousand dollars; for public guard in the city of Richmond, eight thousand dollars; for lunatic hospital, eight thousand five hundred dollars; for the eighth instalment to the bank of Virginia, thirty thousand dollars; one year's interest on the state shares therein, three thousand six hundred dollars; for interest on the public debt, six thousand dollars; for pensioners, six thousand dollars; for repairs of public warehouses and commissioners, five thousand dollars; for commissioners of the revenue, fifteen thousand dollars; for the manufactory of arms, including foundery and boring mill, and officers' salaries, sixty-five thousand dollars; for rifles to be made under contract agreeably to an act of assembly, five thousand dollars; for the purchase of lead, and materials for powder, two thousand dollars; for public services of circuit court clerks, two thousand five hundred dollars; for clerks' and sheriffs' fees, five hundred dollars; for one hundred and fifty copies of the third volume of Hening's Statutes at Large, seven hundred and fifty dollars; for representation to congress and state senate, five hundred dollars; for gun carriages, including the expenses of repairing arms under contract, eight thousand nine bundred dollars; and for contingent expenses, fifteen thousand dollars.

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

CHAP. LVII.

An Act making a further Appropriation for the Manufacturing of

Arms.

[Passed December 29, 1810.]

1. BE it enacted by the General Assembly, That the further sum Further sum ar

of five thousand dollars, shall be, and the same is hereby ap- propriated for propriated, to supply a deficiency arising in the appropriation made manufacturing during the year one thousand eight hundred and ten, for defraying the expenses attending the manufacturing of arms, to be paid

arms, &c,

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Commencement.

See sess'ns acts of 1806, ch. 22.

out of any money in the treasury not already otherwise appropri ated.

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

CHAP. LVIII.

An Act, to amend the Act entitled an Act, to amend an Act reducing into one Act the several Acts concerning the Court of Ap peals.

Act relative to the 1.
Court of Appeals,
passed January
14, 1807 (see Re

vised Code, 2d
vol. p. 127) re-
pealed.

Court, hereafter, to consist of five judges.

To commence the first of March, 1811.

Length of session.

Power of adjournment.

Salary of Judges.

Commencement.

[Passed January 9, 1811.]

E it enacted by the General Assembly, That, so much of the aet, entitled “an act, to amend an act, reducing into one act the several acts concerning the court of appeals," passed January the fourteenth, one thousand eight hundred and seven, which reduces the number of judges to three; and so much of the said act as declares that the sum heretofore appropriated for the payment of the five former judges of the court of appeals, shall be equally divided among three judges, when that court shall be reduced to that number agreeably to the provisions of the said act, shall be, and the same is hereby repealed.

2. And be it enacted, That the court of appeals shall hereafter consist of five judges; any three of said judges shall constitute a court: the said court shall commence its sessions on the first day of March next, and its sitting shall be permanent if the business of the court require it: Provided always, that the court may in their discretion adjourn for short periods; but it shall be their duty to sit at least two hundred and fifty days in the year, unless they sooner dispatch the business of the court.

3. And be it further enacted, That each judge shall be allowed two thousand five hundred dollars per annum for his services. 4. This act shall commence and be in force from and after the passing thereof.

CHAP. LIX.

An Act to amend the several Laws concerning the Court of Appeals. [Passed February 13, 1811.].

Frocess, when re- 1. turnable

BE

E it enacted by the General Assembly, That all writs of error and of supersedeas, and all reviving and other process issuing from the court of appeals or under the order of one or more of the judges thereof, shall be made returnable to the first Monday in any month, after the award of such writ or process, that the party praying and suing out such writ or process may direct: Provided always, That there shall not be less than fifteen nor more than ninety days between the teste and return day of such writ or process; and the return of such writ or process to such day executed shall be effectual, whether the said court of appeals be, on the return thereof, in session or not: And whenever such writ of If not executed, process shall not be executed, the clerk of the said court is hereby new process to be authorised and required to issue another like writ or process upon the application of the party suing out the former writ or process. Clerk may issue And where any person plaintiff or defendant in any suit depending process of revivor in the said court shall be dead, it shall be lawful for the clerk of the during recess of said court, during the recess of the court, upon application, to issue proper process to enable the court to proceed to a final judgment

issued.

the court.

or decree, in the names of the representatives of such deceased person.

Be it further enacted, That all appeals from judgments of Appeals to be ta the general court and the superior courts of law for the several ken to the Court of Appeals gene counties, and from decrees of the superior courts of chancery, rally; not to any shall be entered generally to the court of appeals, instead of being particular day. entered as heretofore to a particular day of the next term of that

court.

be decided with

ed up.

such case to be

two months from

discontinued for

3. And be it further enacted, That all appeals allowed from From interlocu interlocutory decrees of the superior courts of chancery by the tory decrees, to judge of such superior court, or any judge or judges of the court in 60 days after of appeals, shall be heard and determined by the said court of ap- the record shall peals within sixty days after the record in such appeal shall be have been carricarried up to the court of appeals: And it shall be the duty of Duty of clerks of the clerk of the superior courts of chancery, when appeals shall be courts in such ca allowed from such interlocutory decrees, to make out a copy of ses. the record without delay; and should the party or parties at whose Copy of record in instance such appeal may be allowed, fail to file with the clerk of filed with the the court of appeals, a copy of the record within two calendar clerk of the Court months from the time of the allowance of such appeal, such ap- of Appeals within peal shall be dismissed unless good cause be shewn to the contra- the time of allow ry. The said court of appeals shall not stand adjourned for want ance of the ap of a sufficient number of judges to constitute a court, either at peal. the commencement of its sessions, or after such commencement Court not to be for a longer time than the want of such sufficient number conti- non-attendance of mues; and when a sufficient number of judges to form a court shall judges. attend, they shall proceed to business. It shall be the duty of the Judgments, or or clerk of the said court to certify all judgments and orders of the ders, when to be said court as soon after they shall be rendered or made as can con- clerk. veniently be done, unless the court for good cause shall otherwise direct. After the lapse of two calendar months from the renditi- After final judg on and entry of any judgment or decree of the said court, purport- ment or decree, ing to be a final one, the cause in which such judgment or decree months, no reshall be rendered and entered shall not be reheard. In case a hearing to be transcript of the record in any appeal, writ of error or superse- granted. deas shall not be filed with the clerk of the said court within six If copy of record calendar months after the same shall have been granted, such ap- be not filed within any appeal, &c. peal, writ of error or supersedeas shall be dismissed, unless good in six months, apcause be shewn to the contrary. The said court, or any judge peal to be disthereof in vacation, may grant writs of error or supersedeas to the Writs of error or judgments or decrees of the superior courts of law or of chancery, supersedeas to be and allow appeals from the decrees of the latter in all such cases granted by the wherein writs of error and of supersedeas or appeals might have court or any been heretofore allowed. judge thereof in

certified by the

missed.

vacation.

2. And whereas a doubt exists whether a judge of the court of Judges to be a· appeals be amenable to legal process in civil cases during the sit- menable to legal ting of the court; Be it therefore enacted, That any judge of said process during court shall be liable to be sued, and shall be otherwise amenable the sitting of the to civil process during the terms of said court in the same manner as he would be during the recess of the court.

court.

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

I

CHAP. LX.

An Act directing the Sale of certain Public Property, and for other purposes.

[Passed February 13, 1811.]

Commissioners 1. appointed to contract for building M.Kim, Abraham B. Venable, William Wirt and Robert Green a house for the how, be, and are hereby appointed commissioners, who, or a majority of whom, shall have power to contract for the building of a house for the use of the governor of the commonwealth, on the lot on which the present governor's house stands.

E it enacted by the General Assembly, That Matthew

BEC it the Gelden, David Bullock, Witham

Governor.

Money appropriated.

Commissioners to sell certain public property.

To rent a house

2. Be it further enacted, That, for the erection and completion of said building, the sum of twelve thousand dollars shall be ap propriated, which sum the said commissioners shall not have pow. er to exceed; nor shall the commonwealth in case of excess be in any wise liable therefor. The commissioners aforesaid shall also have power to sell at public auction, for cash, or on a short credit, the lot of ground lying between Wright Southgate's and Edmund Randolph's, and to convey to the purchaser or purchasers all the commonwealth's title to, and interest in said lot; and also to sell, for the best price that can be obtained, the materials of which the present governor's house is composed; and the monies arising from such sales it shall be their duty to pay into the public treasury.

3. Be it further enacted, That for the present accommodation for one year, for of the governor, the commissioners aforesaid are hereby authoris ed to rent, for one year, on the best terms, a suitable and convenient house in the city of Richmond.

the Governor's

use.

Commencement.

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

Information, of 1. lands liable to es

See Rev. Code 2d vol. p. 30, 31.

CHAP. LXI.

An Act to amend the several Laws concerning Escheats.*

[Passed February 14, 1811.]

E it enacted by the General Assembly, That any person, other

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cheat, to be in an escheator of this commonwealth information of lands liable to writing, & on oath escheat according to the first section of an act passed January the or affirmation. twenty-first, one thousand eight hundred and four, entitled act, to amend an act, entitled an act concerning escheators," shall reduce the same to writing, and make oath or affirmation thereto, before it shall be the duty of the escheator to proceed to hold an inquest.

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2. And be it further enacted, That, when a jury of inquisition for escheat shall be convened, and shall not be able to complete the same in one day, the escheator shall have power to adjourn the proceedings from day to day, until the same be tried and finished; and any juror failing to attend the inquest according to the first summons, or according to adjournment, shall be returned to the next superior court of law for the county where the inquest is te be holden, and shall be liable to a fine not exceeding fifty dol

lars.

* See Revised Code, 1st volume, ch. 82, 180, 224-2d volume, ch. 30, acts of 1803, ch. 77, 1809, ch. 14, ante ch. 44.

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