Abbildungen der Seite
PDF
EPUB

fhall have been firft nominated to, and approved by the court by whom fuch

inspector fhall have been appointed.

IV. ALL acts and parts of acts coming within the purview of this act, shall Repealing claufe: be and the fame are hereby repealed.

V. THIS act fhall commence and be in force from and after the paffing Commencing claufe

thereof.

CHAP. CCCII.

An At repealing the aft, intituled, An act authorifing the Executive to procure

1.

BE

arms for the defence of the Commonwealth..

[Paffed the 27th of January, 18c2.]

E it enacted by the General Affembly, That the act paffed the twenty- Act for procuring armë fixth day of December, one thoufand feven hundred and ninety-five, repealed. intituled, "An act authorifing the executive to procure arms for the defence of

the Commonwealth," fhall be and is hereby repealed. Provided however, That Provifo.
no contract entered into by the executive by virtue thereof, fhall be affected
by this act.

II.

THIS act fhall be in force from the paffing thereof.

Commencing claufe.

[blocks in formation]

An Act changing the mode of proceeding on indictments and informations in cer

J.

tain cafes.

[Paffed the 28th of January, 1802.]

Wor indictment for a trefpafs or mildemeanor be fent to a grand jury,

HEREAS doubts have arifen, whether any information can be filed Preambles

unless the name of a profecutor be written at the foot of fuch information or indictment, for removing thereof;

II. BE it therefore enacted by the General Affembly, That where any infor- No profecutor required mation fhall be filed by the attorney for the commonwealth, by exprefs order of in certain cafes. the court entered of record, the party supposed to be culpable having failed to appear, and thew good caufe against fuch order, having been required fo to do by fummons, appointing a convenient time for that purpofe, ferved upon him, or left at his ufual place of abode, no profecutor fhall be required on fuch information. Nor fhall any fuch profecutor be required on an information, or bill of indictment for a trefpafs or misdemeanor filed or fent to a grand jury, which fhall be filed or fent to a grand jury, on, and in confequence of a previous prefentment of a grand jury made on their own knowledge, or on the information of any two of their own body.

Profecutions commenc ed before this aft not to

III. ALL and every act and acts, claufe and claufes of acts, containing Repealing claufe. any thing within the purview of this act, shall be and are hereby repealed: Provided always, That nothing in this act contained, fhall be conftrued to affect any profecution on an indictment or information which shall have commenced before the paffing thereof. IV. THIS act shall commence and be in force from and after the paffing Commencing claufe: thereof.

be affected.

An Act for calling in and registering Certificates of the Public Debt of this State

I.

CHAP. CCCIV.

[Paffed the 28th of January, 1802.]

E it enacted by the General Affembly, That before a warrant fhall be if

[ocr errors]

upon which intereft is allowed by law, the owner or holder of fuch certificate fhall depofit the fame with the treasurer, who fhall grant a receipt therefor, fpecifying the amount of fuch certificate, diftinguishing the principal from the interest thereof; and upon fuch receipt being prefented to the auditor of public accounts, the faid auditor fhall, and he is hereby required, to iffue a new certificate for the principal, and a warrant for the intereft.

Owners of certificates

treafure, before war

rants to iffue

II. AND be it further enacted, That if the holder or owner of any certifi- Interest on certificates sate of a debt due from this flate, fhall not on or before the first day of Janu. to cease after 1802, un

til depofited with trea- ary one thoufand eight hundred and three, make application for a warrant for

furer,

Provifo.

Certificates to be reeived for arrears of certain taxes.

Treasurer to keep a regifter of certificater.

Commencing clanfe.

the intereft due thereon, fuch intereft fhall ceafe after that period until the faid certificate fhall be depofited with the treasurer as aforefaid. Provided however, that nothing herein contained fhall be conftrued to injure or affect the owners or holders of any certificates upon which warrants have been iffued fince the first day of January one thoufand eight hundred and two, but fuch perfons shall be allowed until the firft day of January eighteen hundred and four, to depofit fuch certificates as aforefaid.

III. AND be it further enacted, That all certificates of debts due from this commonwealth, upon which intereft is allowed by law, shall be receivable in discharge of any arrears of public taxes due prior to the year feventeen hundred and ninety-eight.

IV. THE treasurer of this commonwealth fhall keep in a book or books well bound, a register of all certificates alphabetically arranged, for the principal as aforefaid, and of fuch others as from time to time fhall be paid in difcharge of taxes, or otherwife redeemed, and fhall alfo carefully file and preferve the original certificates depofited with him by virtue of this act, and all others which may be redeemed, fo that the fame may be infpected by the fucceeding General Assembly.

V. THIS act shall be in foree, from the paffing thereof.

CHAP. CCCV.

An Act, to amend the act, intituled, An act to amend an det to reduce into one the feveral aits concerning Slaves, Free Negroes and Mulattoes:

[Paffed the 29th of January, 1802.]

Penalty upon matters 1. veffel, who fhall permit any flave to come on board his veffel without

E it enacted by the General Affembly, That any mafter or skipper of a

of veffels for permitting flaves to come on board or for dealing with them,

[blocks in formation]

the leave or confent of the mafter or overfeer, given in writing, or fhall buy, fell, or receive of, to, or from a flave, any commodity whatfoever, without the leave or confent of the mafter or overfeer given in writing as aforesaid, shall forfeit and pay for every fuch offence, in addition to the penalties now imposed by law, the fum of twenty dollars, to be recovered by warrant from any magiftrate of the county or corporation, by any perfon who will profecute for the fame; upon fervice of which warrant, the offender fhall be taken and remain in cuftody until judgment; and in cafe of conviction, fhall be by fuch magiftrate committed to the jail of his county or corporation, there to remain until payment of the penalty aforefaid: Provided always, That in case the fkipper of any veffel be a flave, he thall receive for every fuch offence, thirty-nine lashes on his bare back, to be inflicted by order of any magiftrate of a county or corporation.

II. AND be it further enacted, That where an action on the cafe fhall be brought against any mafter or skipper as aforefaid, for dealing with any flave, under the fixteenth fection of the act of Affembly, intituled, " An act to reduce into one the feveral acts concerning flaves, free negroes, and mulattoes,' fuch mater or skipper fhall be required to give appearance bail; provided the plaintiff fhall make affidavit before a magiftrate of the caufe of fuch action, to be tranfmitted to the clerk of the court wherein the fuit fhall be profecuted.

III. AND be it further enacted, That any perfon who fhall on the fabbath day, buy, fell, or receive, of, to or from a flave, any commodity whatsoever; without the leave or confent of the mafter or overfeer of fuch flave given in writing, or fhall buy, fell, or receive of, to, or from any free negro or mus latto, any commodity whatfoever, on the day aforefaid, fhall in addition to the penalties now impofed by law, forfeit and pay the fum of ten dollars, to be recovered by warrant from any magiftrate of the county or corporation, by any perfon who will profecute for the fame.

IV. THIS act shall commence and be in force, from and after the paffing

thereof.

CHAP. CCCIV..

An Act for arranging the Counties of this State into Diricts, to choofe Reprefentatives to Congress.

BE

[Paffed the 30th of January, 1802.]

1. E it enacted by the General Ambly, That the counties of this commonwealth, and the cities and boroughs entitled to reprefentation, fhall be divided into twenty-two diftricts, in manner following to wit:-The counties of Monongalia, Brooke, Ohio, Harrifon, Wood and. Randolph, fhall compofe one diftrict: The counties of Berkeley. Jefferfon and Hampshire fhall compofe another diftrict: The counties of Frederick and Shenandoak fhall compofe another district: The counties of Rockingham, Hardy, Pendleton, Augufta and Bath fhall compofe another diftrict: The counties of Greenbrier, Rockbridge, Botetourt, Monroe and Kanawha fhall compofe another diftrict: The counties of Wythe, Tazewell, Montgomery, Washington, Grayfan, Ruffel and Lee fhall compofe another district: The counties of Loudoun, Fairfax and Prince-William fhall compofe another diftrict: The counties of Weftmoreland, Richmond, Lancaster, Northumberland, King-George and Stafford fhall compose another diftrict: The counties of Fauquier and Culpeper shall compofe another diftrict: The counties of Orange, Madifon, Louifa and Spotfylvania fhall compofe another diftrict: The counties of King & Queen, KingWilliam, Effex and Caroline fhall compofe another diftrict: The counties of York, Middlefex, Mathews, James-City, Gloucefter, Warwick, ElizabethCity, Accomack and Northampton, and the city of Williamsburg fhall compofe another district: The counties of Franklin, Bedford, Patrick and Henry hall compose another diftrict: The counties of Halifax, Pittfylvania, and Campbell fhall compofe another diftrict: The counties of Prince Edward, Charlotte, Buckingham and Cumberland thall compofe another diftrict: The counties of Powhatan, Goochland, Amelia and Chesterfield shall compofe another diftrist: The counties of Brunfwick, Lunenburg and Mecklenburg hall compofe another diftrict: The couaties of Dinwiddie, Prince-George, including the town of Petersburg, and the counties of Greenfville and Nottoway thall compose another diftrict: The counties of Suflex, Southampton, Surry and Ile of Wight fhall compofe another diftrict: The counties of Norfolk, Princefs-Ann, Nanfemond and the borough of Norfolk fhall compofe another diftrict: The counties of Albemarle, Amherst and Fluvanna fhall compote another diftri&t; and the counties of Henrico, Charles City, New-Kent, Hanover, and the city of Richmond fhall compofe another district.

Arangement diffries.

II. AND be it further enacted, That the perfons qualified by law to vote for Reprefentatives in cormembers to the houfe of delegates in each county, city and borough compofing grefs how to be elected. a diftrict, fhall affemble at their refpective courthouses, on the fourth Wedneiday in April, in the year one thoafand eight hundred and three, and alfo on the fourth Wednesday in April in every fecond year thereafter, and then and there vote for fome difcreet and proper perfon, being a freeholder and refident within fuch district, as a member of the houfe of reprefentatives for the United States.

III. THE high fheriff of each county, or in cafe of his fickness or inability Elections, how to be to attend, one of the deputy sheriffs, or the mayor of any city or borough, or in concuted. cafe of his inability to attend, the recorder of each city or borough entitled to representation, fhall conduct the faid election, at which no determination shall be had by view, but each perfon qualified to vote, thall fairly and publicly poll, and the name of the voter fhall be duly entered under the name of the perfon voted for, in proper poll books to be provided by the officer conducting the election, for which purpose he hall appoint fo many writers as he shall think fit, who fhall refpectively take an oath, to be adminiftered by him, or make folemn affirmation, that they will take the poll fairly and impartially: He shall deliver a poll book to each writer, who shall enter in diftinct columns under the name of the perfon voted for, the name of each elector voting for fuch perfon. Like proclamation and proceeding fhall be had for conducting, continuing, and clofing the poll in each county of a diftrict, as is prefcribed by law in the election of members to the General Affembly; and preclamation fhall also be made at the courthouse door, or place of holding fuch election, of the perfon having the greateft number of votes on the poll, on the clofing thereof. Each elector shall be entitled to the fame privilege from arreft, and Privilege of el tors

Hhh

ing.

and penalty for not vot be fubject to the like penalty and forfeiture for failing to attend and vote at fuch election, as is prefcribed by law, in the cafe of election of members to the General Affembly. Such failure to attend fhall be difcovered and proceeded on in like manner, and under the fame penalties as is by law provided againt fuch failures in the election of members to the General Affembly.

Duties of returning officorso

Poll books to be recorded.

Certificates of elections to be tranfmitted to congrefs.

Penalty on heriffs, &c. for any neglect of duty.

Penalty for bribing e-. JeЯors.

IV. IMMEDIATELY after each election in a county, city and borough, held as aforefaid, the clerks of the poll having firft figned the fame, fhall deliver it to the sheriff or other officer who conduled the election, and fuch theriff or other officer, together with the refpective theriffs and other officers who conducted the poll of the feveral counties, cities and boroughs entitled to reprefentation in the district, (but in cafe of fickness, death or other difability of the offi cer who fhall have conducted the poll, then any other fheriff or officer of the county, and the recorder of any city or borough in which fuch difability may happen) fhall on the eighth day after the election, affemble at the courthouse of the county first named in fuch diftrict, and then and there compare the polls respectively taken at the elections in their feveral counties, cities and boroughs, and having afcertained by faithful addition and comparison of the numbers on the refpective polls, the perfon having the greateft number of votes upon the whole, giving their own votes in any cafe of the two foremoft on fuch poll having an equal number of votes, fhall proceed to certify fuch election under their hands and feals, in manner and form following, to wit: "We A. B. theriff "of County (or deputy fheriff as the cafe may be) C. D. fheriff of County (as the cafe may be) (and fo reciting the name of the fhe"riff, and whether principal or deputy of each county, and the name of the mayor or recorder, as the cafe may be, of each city or borough entitled to reprefentation in the diftrict) compofing one entire diftrict entitled by law to "elect a member to the houfe of reprefentatives of the United States, do hereby certify and make known, that at an election held on

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

at the

place of holding elections in our refpective counties, cities and boroughs, pur"fuant to law, the electors qualified to vote for members to the houfe of delegates, caufed to be chofen one perfon, to wit: G. H. to reprefent the faid "diftrict as a member of the house of reprefentatives for the United States, "Given under our hands and feals this day of -one thou"fand eight hundred and Two fair duplicates of fuch certificate and return, shall be made by the faid fheriffs and other officers under their hands and feals, in the manner before recited, one of which fhall be delivered to the perfon elected to reprefent the diftrict, and the other fhall be tranfmitted to the governor and council, within twenty days, under the penalty of three hundred dollars, upon each fheriff or other officer, in cafe of failure or neglect herein, to be recovered by motion in any court of record, by the auditor of public accounts, to the use of the commonwealth, on ten days previous notice of fuch motion.

V. THE faid fheriffs and other officers, fhall alfo under like penalty and recovery, deliver to the clerks of their refpective counties, within ten days after fuch return, the original poll books, to be by fuch clerk entered of record, under the like penalty for failure, as for failing to record the poll books taken at the election of members to the General Affembly--and where a poll fhall be taken in any county which fhall not become fo until after the election, which fhall firft be holden in purfuance of this act, the officer conducting fuch election, shall deliver the poll books by him kept, to the clerk of his county, as the fame now ftands, to be by him alfo recorded, under the like penalty.

VI. IT shall be the duty of the Executive to enclofe to the congress of the United States, the certificates and returns of elections aforefaid, tranfmitted to them from the refpective diftricts without delay.

VII. ANY sheriff or other officer, refusing to take the poll when he fhall be required by a candidate or elector; or taking it in any other manner than is herein before prefcribed; or making or figning a falle certificate or return of election, as herein before directed; or making any erafure or alteration in the poll book; or refufing to fuffer any candidate or elector at his own expenie to take a copy of the poll book, shall forfeit and pay fix hundred dollars, which penalties may be recovered with cofts in actions of debt, by any person who will fue for the fame; one half to his own use, and the other half to the ufe of the commonwealth.

VIII. ANY candidate or other perfon in his behalf, who shall directly or indirectly, give or agree to give, any elector or pretended elector, money, meat

drink, or other re vard, in order to be elected, or for having been elected, shall forfeit and pay fifteen hundred dollars for each offence; to be recovered with cofts, by action of debt, to the use of any perfon who will fue for the fame.

IX. AND be it further enacted, That the sheriffs and other officers, shall Allowance to fheriffs, receive for their trouble and expenfe in conducting the faid elections, one dol- &c. conducting electi lar and fixty-feven cents for the day on which they shall attend to coin pare ons. the different polls, together with an allowance of ferriages, and four cents a mile for travelling to and from the county, in which they shall meet for that purcofe, to be paid in the fame manner as the electors, who are to vote for a Prefident and Vice President of the United States are paid.

X. PROVIDED always, That no perfon entitled to fuffrage in purfuance No elector to vote more of this act, fhall during the fame election vote more than once for the fame can- than once for fame candidate, under the penalty of one hundred dollars, to be recovered by action of didate. debt, in any court of record, by any perfon who will fue for the fame, nor fhall any fuch perion be admitted to vote in any fuch election, at the courthouse or other place of holding the election in any county, city or borough in a district, unless the freehold or other eftate in right of which he offers to vote, shall lie in that county, city or borough in which he gives his vote.

XI. BE it further enacted, That in cafe of the death or abfence of any perfon hereby required to hold an election, the fenior magistrate in each county, city or borough respectively, and in his abfence, inability or incapacity by being a candidate, the fecond, and fo on in fucceffion to the junior magiftrate, is hereby authorised, empowered and required, to perform the duties of the perfon fo dying or being abfent-And the faid magiftrates in cafe of refutal, thall be fubject to all the penalties to which any thariff or other perion required to hold an election, is liable, and shall be entitled to the fame compensation.

Magistrates to perform duties of theriffs in certain cafes.

XII. SO much of every other act, as prefcribes the time of electing repre- Repealing claufe. fentatives to ferve in the congrefs of the United States, and regulates the arrange

ment of the counties of this commonwealth for the faid parpole, thall be and

the fame is hereby repealed.

XIII. THIS aft fhall commence and be in force, from and after the fifth Commencing claufe. day of March, one thoufand eight hundred and three.

I.

BE

CHAP. CCCVI.

An Act to fix the Salaries of certain Officers.

[Paffed the 2d of February, 18oz.]

Salaries of certain offi

E it enacted by the General Affembly, That the officers hereafter mentioned, shall be allowed annually the following falaries: The keep- cers fixed. er of the Penitentiary houfe, the fun of one thoufand two hundred dollars; the turnkey to the Penitentiary houfe, the fum of two hundred and fixty-fix dollars and fixty-fix cents; the clerk of the Penitentiary houfe, the fum of fix hundred and twenty-five dollars; the door-keeper of the capitol, and of the council, whofe duty is to keep the capitol clean, and obey the orders of the Executive, the tum of three hundred dollars; and the keeper of the keys of the capitol, the fum of two hundred dollars; to each of the under clerks in the Regitter's office, five hundred dollars; to the keeper of the public fea!, three hundred dollars; to the affiftant clerk of the council, one thousand dollars, which feveral fums fhall be paid quarterly out of the treasury, on warrants to be iffued by the auditor of public accounts.

II. AND be it further enacted, That the following officers fhall be allowed Salaries of others fixed, annually, the salaries herein after mentioned, to be paid quarterly, and to com- but not to commence till mence as foon as the Executive adjudge that their fervices are neceffary-The fervices required. fuperintendant of the manufactory of arms, the ium of two thousand dollars; the mafter armourer, the fum of one thousand dollars; the affiftant armourer, the fum of one thousand dollars; the clerk to the manufactory of arms, the fum of five hundred dollars; and the commiffary and dore keeper to the manufactory of arms, the fum of five hundred dollars; which feveral fums lait mentioned, fhall be paid in the fame manner, that the other falaries anowed by this aft Until they commence, are paid; that until the last mentioned falaries commence, thote who are employed in the armory by the Executive fhall be paid as heretofore.

* liable to, in the roll,

perfons employed in armory to be paid as heretofore.

« ZurückWeiter »