Proviso, as to the that circuit is now bound to do: Provided, that nothing herein residence of the contained shall be construed to authorise any judge during the pejudges. riod of such exchange, to reside out of the circuit to which he may have been assigned by law. Commencement. 'Records, &c. of the superior courts for Mason, Cabell, Richmond, Goochland and Greensville counties, where to be kept. Where offices have 6. This act shall commence and be in force from and after the passing thereof. CHAP. LXVI. An Act concerning the Records and Papers of certain Superior 1. B Courts of Law. [Passed January 15, 1811.] E it enacted by the General Assembly, That until the county courts of Mason, Cabell, Richmond, Goochland and Greensville shall cause offices for the clerks of the said counties to be erected at their respective court-houses according to law, the said clerks, who are also clerks of the superior courts of law of the said counties, shall be, and are hereby authorised to keep the records and papers of the last mentioned courts, and in vacation to transact the business thereof, at such places as they now are, or hereafter may be permitted to keep the records and papers of their county courts. 2. And be it further enacted, That in all cases where offices not been have not been provided for the clerks of superior courts of law, built for clerks of such clerks may keep the records and papers of the said courts at superior courts, records, &c. such places as the judges thereof shall think fit, and so enter of where to be kept. record. Commencement. Preamble. SeeRev. Code 1 vol p. 158, and Ibid p. 165. Clerks of courts the clerk of the 3. This act shall be in force from the passing thereof. CHAP. LXVII. An Act, to amend the Act, entitled an Act for regulating Conveyan ces, and also to amend the Act, entitled an Act, reducing into one the several acts concerning Wills, the distribution of Intestates" Estates, and the duty of Executors and Administrators. (Passed February 12, 1811.) WHEREAS it has been represented to this General Assem bly, that the 8th section of the "Act for regulating conveyances," and the 37th section of the "Act, reducing into one the several acts concerning wills, the distribution of intestates' estates, and the duty of executors and administrators" is imperfeet, and that many of the clerks of the respective courts of record within this commonwealth have failed to transmit to the clerk of the general court dockets of writings admitted to be recorded in said courts, and lists of certificates for probats and administrations, as by the aforesaid sections they are required-For remedy whereof, 1. Be it enacted by the General Assembly, That it shall be the of record to deli- duty of the clerks of the respective courts of record within this ver, annually, to commonwealth, on or before the first day of June annually, to de general court a liver, or cause to be delivered to the clerk of the general court, a docket of all wri. docket of all writings admitted to be recorded in such courts with tings admitted to in the preceding year, (commencing from the first of January) record. containing the dates thereof, and of the acknowledgments and pro bats, the names, surnames and additions of the parties thereto in alphabetical order, and the quantities and situations of land, num. bers and names of slaves and descriptions of personal estate conveyed thereby, in the following form: Iwhen Form of such Quantities and situations of docket. Kind of When ackn'd. Names of the par- land, number and names of Date conveyance for proved. ties, &c. slaves & description of personal estate conveyed. And it shall likewise be the duty of the said clerks respectively Also a list of all to deliver, or cause to be delivered, on or before the said first day certificates for of June, annually, to the clerk of the general court, a list of all probats aud adcertificates for probats and administrations granted in their courts ministrations. respectively within the preceding year, commencing from the said first day of January, in this form: Date of Penalty of N me of testa Names of Names of ad- Names of secucertificate bond. tor or intestate Executors ministrators rities. Form of such list For which said docket and list, the said clerks respectively may Receipt may be demand of the clerk of the general court his receipt. demanded. 2. And if any clerk shall fail herein, for every such failure he Penalty on clerks shall forfeit and pay to the commonwealth forty doilars, to be re- for failure. covered on motion, without notice, in the general court, and the onus probandi shall lie on the defendant. Mode of reco very. and of the attor ney general. 3. And the clerk of the general court shall, after the first day Duty of the clerk of June, and before the sitting of the next general court thereaf- of the general ter, in each year, deliver to the attorney general a list of the court, clerks (if any) who shall have failed to deliver, or cause to be delivered to him the dockets of writings and lists of certificates for probats and administrations, agreeably to the directions of this act; and it shall be the duty of the attorney general to proceed to a recovery of the penalty aforesaid. 4. And be it further enacted, That it shall be the duty of the Farther duty of elerk of the general court, immediately after the passage of this the clerk of the act, to make out and deliver, or cause to be delivered to the clerks general court. of the respective courts of record within this commonwealth, a statemeat shewing the years for which said clerks have failed to deliver to him the dockets of writings and lists of certificates for probats and administrations, as directed by the 8th section of the act, entitled "An act for regulating conveyances," and the 37th section of the act, entitled "An act, reducing into one the several acts concerning wills, the distribution of intestates' estates, and the duty of executors and administrators 3" for which statement he may demand receipts of the said clerks respectively. dockets and lists 5. And it shall be the duty of the said clerks respectively, with- Clerks of courts in five months after receiving the said statement from the clerk of of record tomake the general court, to make out and deliver, or cause to be deliver out and deliver ed to the clerk of the general court, a docket of the writings, and which ought here lists of certificates for probats and administrations, which shall tofre to have appear by the said statement of the clerk of the general court not been furnished, K to have been delivered to him, as directed by the aforesaid sections of the acts aforesaid; for which they may respectively demand May demand re- the receipt of the clerk of the general court. And if any clerk ceipt. shall fail herein, he shall forfeit and pay to the commonwealth Penalty for fai. fifty dollars, to be recovered in the general court, on motion, lure. Mode of reco- without notice, by the attorney general, and the onus probandi shall lie on the defendant. very. Successor of a him; 6. And where any clerk shall have departed this life, having clerk to perform failed to deliver, or cause to be delivered to the clerk of the geneduties omitted by ral court, the dockets of writings and lists of certificates, as required of him by the 8th and 87th sections of the before recited acts, it shall be the duty of the successor of such deceased clerk to perform all the duties which his predecessor would have been bound to do, by the aforesaid sections, in relation to the said dockfor which he may ets of writings and lists of certificates, &c. for which services he demand fees of may demand and receive of the executor or administrator of the his executor or said deceased clerk, the same fees as are allowed by law to the clerk of the general court for recording the same. administrator. Rep'ling clause. Commencement. 7. All acts, and parts of acts coming within the purview of this act, shall be, and the same are hereby repealed. 8. This act shall commence and be in force from and after the passing thereof. CHAP. LXVIII. See 24 R.C.pa. An Act, to amend the Act, entitled an Act to amend the several 95, and acts of 1805, ch. 63. Preamble. this common Laws concerning Slaves.* [Passed January 17, 1811.] WHEREAS many inconveniences have arisen from the operation of an act passed on the 25th of January, one thousand eight hundred and six, entitled, "An act to amend the several laws concerning slaves:" For remedy whereof, Persons, citizens 1. Be it enacted by the General Assembly, That all persons, ciand residents of tizens of this commonwealth, and residing therein, who now are, wealth, authoris- or hereafter may be entitled, by marriage, descent or devise to ed to bring in any slave or slaves in any other of the United States of America, slaves held by or in any of the territories thereof, shall be at liberty to remove marriage, inher such slave or slaves into this state, and to keep the same therein; itance or devise, from any other any thing in the above recited act to the contrary not withstanding: of the U. States, Provided, that such person or persons, within sixty days after the or from any of removal of any such slave or slaves into this commonwealth, shall produce and offer for record to the court of the county or corporaUnder certain re. tion, in which he, she or they may reside, a certificate from the gulations. the territories thereof. court of the county or corporation, from which such slave or slaves shall have been removed; or if there be no such county or corporation court, a certificate from some other court of record, having jurisdiction over the place from which such removal may have been; specifying the manner in which such person or persons shall have acquired title to such slave or slaves, containing a description of their persons and names, and duly authenticated in the manner prescribed by law for the authentication of deeds executed See Rev'd Code, by persons residing out of this state, and to be recorded in the 1 vol. p. 157, § 5. courts of this commonwealth. The clerk of the court to which to record such such certificate is offered, shall record the same, and for the re Clerk of the court cording thereof, shall be entitled to the same fee, as is now allow- His fee. ed by law for recording deeds conveying personal property only. 2. This act shall commence from and after the passing there- Commencement of, and be, and continue in force for and during the term of two aud duration. years and no longer. CHAP. LXIX. An Act authorising the Executive to appoint Commissioners, to unite with Commissioners to be appointed on the part of the United States, in running a Line between the Lands reserved by, and the Lands ceded by this Commonwealth in the State of Ohio. [Passed February 13, 1811.] HEREAS it is expedient that a line should be permanent- Preamble. Wystablished between the lands reserved by this com monwealth for the benefit of the officers and soldiers of the Virginia line, and lying between the rivers Scioto and Miami, in the state of Ohio, and the other lands ceded by this commonwealth to the United States, by deed bearing date the first day of March, in the year one thousand seven hundred and eighty four; To run a line be 1. Be it enacted by the General Assembly, and it is hereby enact- Three commissied, That the governor of this commonwealth be, and he is hereby oners to be apempowered, by and with the advice of the privy council or council pointed to act with an equal of state, to appoint three commissioners, who, or any two of number on the whom, acting in conjunction with an equal number of commission- part of the Uniters to be appointed on the part of the United States, shall run a ed ed States. line for the purpose aforesaid, so as to distinguish clearly, through- tween the lands out the whole course of the said line, the lands reserved as afore- ceded and the said, from the other lands ceded as aforesaid, according to the lands reserved true intent and meaning of the said deed of cession. And the bet- by Virginia, in ter to enable the commissioners aforesaid to discharge the duties A surveyor to be hereby assigned to them, the governor, by and with the advice of appointed to ascouncil, is also authorised to appoint a surveyor to aid them in gist them. running said line, who shall be entitled to the same compensation, tion. and take the same oath as a commissioner. the state of Ohio. His compensa 2. Be it farther enacted, That the line which may be run by Line to be estab the commissioners appointed by virtue of this act, and the com- lished, unless dismissioners acting on the part of the United States. shall be con- approved by the Legislature with. sidered hereafter as the true line between the lands reserved as in a certain peaforesaid, and the lands ceded as aforesaid; unless the legislature riod. of this commonwealth shall, during its first or second session, after the report of the said commissioners shall have been made to the executive, disapprove the same: Provided however, that Proviso. nothing in this section contained shall be obligatory, unless the act of the Congress of the United States, under which the commissioners of the United States may be appointed, shall contain a provision to the same effect. Commissioners' 3. Be it farther enacted, That the commissioners who may be appointed by virtue of this act shall be entitled to sixteen cents compensation. for every mile they may travel from their respective places of abode to the point at which the said line shall commence, and the sum of six dollars per diem, during the time for which they may be actually engaged in running the said line. 4. Each commissioner who may be appointed by virtue of this Oath to be taken, act shall take an oath before the governor and council, or before Commencement. Forfeited lands to remain the property of the commonwealth. 22, of the sessi sions acts) the court of the county in which he resides, to be certified by the clerk of the court to the governor and council, that he will honestly. impartially and diligently perform the duty prescribed by this act. 5. This act shall be in force from the passing thereof. CHAP. LXX. An Act concerning Lands forfeited for the non-payment of the 1. [Passed February 14, 1811.] E it enacted by the General Assembly, That all lands which shall become forfeited to this commonwealth, by virtue of an act, entitled, "An act providing for the redemption of certain (Ste Acts of lands forfeited by the non-payment of the taxes thereon," and by 1808, ch. 14, pa. virtue of one other act, entitled, " An aet to compel persons who ons acts-and acts Own lands in this commonwealth to cause the same to be entered of 1809, ch. 16, in the books of the commissioners of the revenue, and for other pa. 17, of the ses- purposes," shall remain the property of the commonwealth, and No such forfei- be subject to such future disposition as may hereafter by law he ture to accrue, if directed: Provided, That no forfeiture of such lands shall accrue taxes be paid with in any case where the arrears of taxes, with ten per centum per ten per cent inteannum interest thereupon, shall be paid into the treasury on or the first of Nov. before the first day of November 1811; and that no forfeiture of any lands occasioned by the failure of any tenant for life to pay Forfeiture occa the taxes due thereon shall operate on any other estate except that sioned by failure of such tenant for life, unless such estate be found to be insufficient to operate on his to pay the arrears of taxes due thereon: And provided, that the estate only, if it be rights of infants, femes covert, and persons of unsound mind shall sufficient to pay not be affected by this act, until eighteen months after such disabilities shall have ceased.. rest, on or before 1811. of tenant for life, the taxes of infants, &c. 2. And be it further enacted, That nothing contained in the act Lands, already last above recited shall be so construed as to require that any entered on the lands, already entered, and now remaining on the books of the missioners, not to commissioners of the revenue in this commonwealth, shall be rebe re-entered. entered thereon. books of the com Rep'ling clause. Commencement. 3. And be it farther enacted, That so much of the above recited acts as comes within the purview of this act, shall be, and the same is hereby repealed. 4. This act shall commence and be in force from the passing thereof. CHAP. LXXI. See R. C. 21 An Act, to amend the Act, entitled an Act, to prevent the destruction volume, page 28, of Oysters within this Commonwealth. and acts of 1803, ch. 51. Penalties us [Passed January 9, 1911.] Inormer for is: 1. BE it enacted by the General Assembly, That if any person struments in shall use any drag, scoop or rake, or other instrument, excatching oysters. cept tongs, such as have been generally used for the purpose of catching oysters within the waters of this state, every person so offending, and being thereof convicted before a magistrate of ei ther of the counties adjoining the water course in which the of fence has been committed, shall forthwith pay the sum of twenty See also acts of 1811, ch. 18, 19-post ch. 98, 99, |