Be it further enacted, That the escheator of each county in Certificate to be the state shall, within sixty days after any inquisition found on be- transmitted by half of the commonwealth, transmit to the register of the land of the Register, fice a certificate of the number of tracts of land or lots escheated the Escheator to lished. by any such inquisition and office found, the reputed area or quantity of such land, the county where situated, and the name or names of the person or persons found to have died seized, or the name or names of the person or persons from whom the said lands escheated. And thereupon it shall be the duty of the register to and to be pub. cause the contents of every such certificate to be published six weeks in some newspaper in the city of Richmond and in the city of Washington. And it shall be the duty of the register to lay before the executive a copy of the said certificates, who shall direct the sale of the said escheated lands, at such times and places with- Sale of escheated in the county, and upon such terms as to them shall seem proper: lands to be directed by the exProvided, that a sale of any escheated land shall not be directed by ecutive. the executive until the expiration of twelve months from the time of publication before required. And no sale shall hereafter be made of any escheated lands by any escheator, unless by order from the executive. and circuit courts 4. And be it further enacted, That the term of twelve months, Claim to be made ter such publicafrom the time of making the publication aforesaid, shall be hereaf in 12 months af ter allowed for the commencement of any claim to the said lands. tion. And it shall be the duty of the clerks of the county and circuit Clerks of county courts, within the jurisdiction of which the escheated lands lie, to certify to the within two months from the expiration of the said twelve months, Executive. to certify to the executive whether any claim has been made or not; and where claim is made, it shall be the duty of the clerk of the court in which such claim is made, to certify whether there has been a decision in favor of the commonwealth or not, within two months after such decision shall have been made. 5. This act shall be in force from the passage thereof. CHAP. LXII. An Act to Provide for the Education of the Poor. [Passed February 12, 1811.] Commencement, rate. BE E it enacted by the General Assembly, That all sums of mo- Literary fund vesnor and others, ney which have accrued, or may hereafter accrue to the li- ted in the Goverterary fund established by an act, entitled an act, to appropriate who are consti certain escheats, penalties, confiscations and forfeitures to the en- tuted a body pocouragement of learning, shall be, and the same are hereby vest- litic and corpoed in the following persons, to wit, The governor, lieutenant governor, treasurer, attorney general and president of the court of appeals of this commonwealth for the time being, and they and their successors are hereby constituted a body politic and corporate under the denomination of the president and directors of the Denomination. literary fund, with power to sue and be sued, plead and be impleaded, and to hold lands and tenements, goods and chattels, and the same to sell, dispose of or improve for the purposes hereafter mentioned. And the said commissioners, or any three of them The Governor to shall have power to constitute a board for the transacting of all be the President. business relative to the said fund; of which board, when present, the governor shall be president; and they shall have power to appoint a clerk from without their own body, and such other officers as they may deem necessary, and to make such rules and regulat Power to appoint a clerk and other officers, &c. ons for the better ordering of their proceedings as to them may seem meet: Provided they be not inconsistent with the constiTo report to the tution and laws of this commonwealth. And the said president General Assem- and directors shall report to the general assembly once in every bly annually. year the state of the funds committed to their charge, with such recommendations with regard to the improvement thereof, as to them shall seem advisable. Annual lottery 2. And be it further enacted, That, in further aid of the said for seven years fund, the said president and directors are hereby empowered to authorised. raise annually for a term of years not exceeding seven, by lottery, kers. each county. any sum not exceeding thirty thousand dollars. In recovering money due for tickets in said lottery, the said president and directors may have remedy by motion against the purchasers thereof, and the agents and their sceurities who may be appointed to To be conducted sell the same: Provided moreover, that it shall be lawful for the by president and said president and directors to conduct all the operations of such directors in per- lottery in person or by commissioners or agents by them appoint son, or by agents, ed for that purpose, or, if it he deemed more advisable, to contract or by an undertaker or underta- for the drawing of the said lottery, with any undertaker or undertakers, for such share of the profit thereof as to them may appear reasonable; reserving to the fund which it is designed to aid, or not, at their discretion, a greater or less interest in such lottery. Attorney or agent s. And for the more speedy and certain collection of the liteto be appointed in rary fund throughout the commonwealth, the said president and directors are authorised and required to appoint in each county and corporation therein an attorney or agent for the collection of the funds of that county or corporation, who shall act without any fee or emolument, and whose duty it shall be to repert to the president and directors, from time to time, such portion of the said fund as any officer appointed to collect the same may have collected and failed to pay into the public treasury, or such pertion thereof as may be uncollected in the hands of any person, and to authorise proper actions to be instituted for the recovery thereof in the name of the said president and directors; the costs of which shall be defrayed by the said president and directors out of the literary fund: Provided, that nothing in this act shall be construed to prevent the sheriff's of the respective counties from collecting such fines and other sums of money as they are at present by law authorised and required to collect and account for. His duty. Proviso. A school er 4. And be it further enacted, That as soon as a sufficient fund schools, for the e- shall be provided for the purpose, it shall be the duty of the direc ducation of the tors thereof to provide a school or schools for the education of the tablished in each poor in each and every county of the commonwealth. poor, to be es county. 5. And whereas by an act, entitled an act to appropriate cerSolemn protest tain escheats, penalties, confiscations and forfeitures to the encou against any future legislature's ragement of learning, it is provided, that the literary fund herein misapplying the mentioned shall be appropriated to the sole benefit of schools to literary fund. Commencement. be kept in each and every county in this commonwealth, an object equally humane, just and necessary, involving alike the interests of humanity and the preservation of the constitution, laws and liberty of the good people of this commonwealth; the present general assembly solemnly protest against any other application of the said funds by any succeeding general assembly to any other object than the education of the poor. 6. This act shall commence and be in force from the passing thereof. CHAP. LXIII. An Act to explain and amend an Act, entitled an Act to appropriale certain Escheats, Penalties, Confiscations and Forfeitures to the encouragement of Learning. [Passed February 11, 1811.] See sess'ns acts of 1809, ch. 14, ante ch. 44. HEREAS doubts have arisen in the construction of an act Preamble. WHEREAS deal Assembly, passed on the second day of Fe bruary, in the year one thousand eight hundred and ten, entitled "An act to appropriate certain escheats, penalties, confiscations and forfeitures to the encouragement of learning," and it is desirable to remove such doubts, and further to amend the said aot :Therefore, See acts 1809, ch. 14, pa. 15. 1. Be it enacted by the General Assembly, That all fines and pe- All fmes and peeuniary penalties heretofore imposed by any act of assembly, or cuniary penalties declared by the common law and now recoverable under the laws fines) appropriat (except militia of the commonwealth, of whatever nature or kind they may be, ed to literary (except militia fines) and to whatever use or purpose appropriat- fund. ed, shall accrue to the commonwealth, be paid into the public treasury, and appropriated to the encouragement of learning in the manner prescribed in the above recited act: Provided nevertheless, Provise. that nothing in this section, or in the said recited act contained, shall be construed to affect the rights of informers, or of persons prosecuting popular or quitam actions, or of individuals suing for penalties appropriated by law to the party injured. 2. Be it further enacted, That all confiscations and forfeitures Confiscations, for accruing to the commonwealth, and all personal property accruing feitures and dere lict personal proto the commonwealth as derelict, together with all arrears of mus- perty, together ter fines due to the commonwealth in every county and town with- with arreurs of in the same, and which are not now by law otherwise applied, muster fines (not shall be appropriated to the encouragement of learning, and ap; plied to the support of the literary fund in the manner prescribed by the above recited act. wise applied) ap propriated to the now by law other same fund. former, &c. may 3. Be it further enacted, That in all cases where, by law, any fine or penalty, either wholly or in part is given to the informer, given to the inor to any person who will sue for the same, it shall be lawful for (before prosecuthe commonwealth, at any time before a prosecution or suit shall tion commenced, have been bona fide commenced and duly prosecuted by such in- and duly prosecuted) be sued former or person entitled to sue, to sue for and recover such fine for by the comor penalty by bill, plaint, information, presentment or indictment monwealth. as the case may require, in any court of record within this com- Fines and penalmonwealth, having jurisdiction thereof: every fine and penalty so by the commonrecovered by the commonwealth, shall be appropriated to the sup- wealth, appropri port of the literary fund in the manner directed by the aforesaid ated to the same act. ties, so recovered fund. 4. This act shall commence and be in force from the passing Commencement. thereof. CHAP. LXIV. An Act authorising Bail to be taken in certain cases. HEREAS doubts exist whether justices of the peace can Preamble. under process issuing from the superior courts of law and of chancery; County or corporation court, or any two justices to admit to bail in certain cases. Be it therefore enacted, That it shall be lawful for the court of any county or corporation, or any two justices thereof, to admit to bail any person who may have been, or shall hereafter be arrested under the following process, that is to say; under any capias issuing from the general court, or any superior court of law, to compel the appearance of such person to answer any presentment, indictment or information for a misdemeanor, or to hear judgment on such presentment, indictment or information, or under any attachment issuing from the general court, the court of appeals, any superior court of law, or any superior court of chanRecognizance to cery, to bring the body of such person before such court. It shall be taken; be the duty of the court or justices, so admitting such person to bail, to take from him and his bail a recognizance in a sufficient sum, regarding the nature of the case and the estate of the offender, conditioned for the personal appearance of such person before the court from which the process, under which he was arrested, shall have issued, and at such time as may be required by said process. The said court or justices shall forthwith deliver such recognizance, duly certified, to the sheriff or other officer by whom the arrest was made, to be returned to the court from which the said process issued. If such sheriff, or other officer shall fail to return the said recognizance, to the court frem which the said process issued, on or before the return day of such process, he shall be subject to the same penalties as if he had failed to return the process itself. and delivered to the arresting of ficer. Penalty on him for failing to return such recognizance. Proviso. Proceedings to be had on such recognizance, if it be forfeited. Commencement. Preamble. ties. 2. Provided, That nothing herein contained shall be constru ed to extend to any attachment issued to compel the performance of any decree in chancery, or the payment of any money due to witnesses, or others, by any order, judgment or decree. 3. Be it further enacted, That if any such recognizance shall be forfeited, it shall be lawful for the court, into which the same is properly returnable, to proceed thereon in the same manner as if it had been entered into in such court. 4. This act shall commence from and after the passage thereof, CHAP. LXV. An Act to amend the seceral Laws concerning the Superior Courts of Law in this Commonwealth. [Passed February 14, 1811.] HEREAS in construing the several laws concerning the superior courts of law in this commonwealth, doubts have arisen whether the said courts, or any of them, have jurisdiction to hear and determine motions on behalf of securities against their principals, and of a security or securities against others jointly bound with them as security in the same obligation, to recover money paid under the judgment of a former district court; for the removal whereof, Superior courts 1. Be it enacted by the General Assembly, That each superior of counties to court for the county in which a district court may have been holhave jurisdiction as to motions on den, shall have, exercise, possess and enjoy the same jurisdiction behalf of securi-, to hear and decide all questions arising on motions made, either by a security against his principal to recover money paid under a judgment of the said district court, or of a security or securities against others jointly bound with him or them in the same obliga. tion, where the principal obligor proves insolvent, to recover their and each of their respective shares and proportions of the debt paid under the judgment of the said district court, as the said district court had previous to the passage of the act, entitled an act to organize and establish a superior court of law in each county of this commonwealth. 2. Be it enacted, That in future in all actions, suits or contests In contests com whatsoever in any of the superior courts of law within this com- roads, probate of cerning mills, monwealth, where the contest shall be concerning mills, reads, wills, and obtain the probate of wills or certificates for obtaining administration, ing administrati any person or persons, body politic or corporate feeling aggrieved ons, party desirous of appealing by the judgment or sentence of any of the said courts, and being must spread the desirous to appeal from the said judgment or sentence, or to ob- evidence on the tain a writ of error or supersedeas thereto, shall spread the testi- record. Court of Appeals mony on the record; and that in future it shall not be lawful for not to hear parol the court of appeals in any civil action to hear or receive parol testimony. testimony. ment of the court 3. Whereas inconveniences have arisen in cases carried up by Recital of inconappeal, writ of error or supersedeas from the former Alexandria veniences (in caHustings Court to the court for the district composed of the coun- from the Dumses brought up ties of Fairfax, Fauquier, Loudoun and Prince William, and from fries district thence to the court of Appeals, in consequence of the said court of court) arising appeals being bound, by the existing laws, where the judgment from the judg. sought to be corrected be not affirmed or reversed in the whole, of appeals, being to certify their judgment to the superior court of law for that certified to the County where the judgment was rendered; the certified judgment superior court of being now sent to the superior court of law for the county of Fair- Fairfax county. fax, which court possesses neither the original or appellate proceedings; the aforesaid district court having been held at Dumfries, in the county of Prince William; for the removal whereof, Be it enacted, that whenever the court of appeals shall find it ne- Certificate to be cessary to certify to the superior court of law, on any judgment made, hereafter, to the superior which had been brought up by appeal, writ of error or supersedeas court for Prince from the former Hustings Court of Alexandria, it shall be the du- Wiliam county. ty of the court of appeals to certify their judgment to the superior court of law for the county of Prince William. 4. Be it further enacted, That so much of the act, entitled an See Rev. Code act, to amend the act, for reducing into one the several acts con- 1 vol. p. 390, § 1. cerning executions, and for relief of insolvent debtors, as requires of the 1st section Repeal of part that there shall be thirty days between the teste and return of ex- of the act conecutions on judgments of the former district courts of law, shall cerning executibe, and the same is hereby repealed; and that in future there shall ons, passed Janube fifteen days between the teste and return of executions emanat- ary 24th, 1799. ing from the offices of the superior courts of law, whether the the superior said executions be made returnable on the first day of the next courts of law, resucceeding court, or on the first day of the month. Executions from turnable in 15 approbation of days. Be it further enacted, That it shall be lawful for the Judges of the gejudges of the general court, from time to time, to exchange with neral court may each other the circuits to which they are respectively assigned, by exchange their an arrangement made between any two of them, approved by the circuits, with the general court, and there entered of record: Provided, that such the general court. exchange shall not be for a longer period than one year at any one But not for a longtime. Whenever any such arrangement shall have been made, er period than one approved and recorded as aforesaid, it shall be the duty of each year at a time. judge making such arrangement to hold courts in the several counties of the circuit, to which the other may have been assigned, during the period of time for which the exchange shall have been agreed on; in the same manner as the judge assigned by law to |