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1802.

لهنا

attendance upon such summons, and every person residing in and summoned out of another county, shall have the said allowance of twenty-five cents per day for attendance, and three cents per mile for travelling to the place of attea dance, and the same for returning, besides ferriages, to be charged to the person or persons at whose request such witness was summoned, which sum shall be taxed in the bill of costs of such suit, and finally recovered against the party who may be cast in such suit: Provided nevertheless, that the attendance of not more than one witness to each particular fact shall be so Only one fitness taxed. Such witnesses shall be privileged from arrest in all cases witnesses free except treason, felony and breaches of the peace, in the same man- from arrest. mer as witnesses attending the courts of this commonwealth are.

to each fact.

3. This act shall be in force from and after the first day of May Commencement.

next.

'CHAP. XII.

An Act providing Seals for the District Courts.

[Passed January 22, 1803.]

vide scals for the

1. DE it enacted by the General Assembly, That it shall be the du- Exemuire toprò, BE ty of the executive, and they are hereby required, to pro- district courts. cure or cause to be made, as soon as convenient, a seal of such metal and with such device as they shall think proper, for the use of each Every certificate district court within this commonwealth, which shall be deposited under such seal with the clerk of such court; and on each certificate under to be taxed and accounted for by every such seal, there shall be paid to the clerk, a tax of one dollar, the clerks. and a fee to himself of twenty-five cents. And the said clerks shall account for the taxes by them received under this act, in the same manner, and under the same penalties, as for taxes on law process. 2. This act shall be in force from the passing thereof.

CHAP. XIII.

An Act for confirming and establishing the boundary line between this state and the state of Tennessee, as ascertained and adjusted by cer

1.

tain commissioners.

W

[Passed January 20, 1803.]

Commencement.

THEREAS the commissioners appointed to ascertain and Preamble, adjust the boundary line, between this state and the state of Tennessee, in conformity to the resolution passed by the legislature of this state, for that purpose, have proceeded to the execution of the said business, and made a report thereof, in the words following, to wit: "The commissioners for ascertaining and adjusting the boundary line between the states of Virginia and Tennessee, appointed pursuant to public authority on the part of eacn, namely: General Joseph Martin, Creed Taylor, and Peter Johnston, for the former, and Moses Fisk, general John Sevier and general George Rutledge, for the latter, having met at the place previously appointed for that purpose, and not uniting, from the general result of their astronomical observations, to establish either of the former lines called Walker's and Henderson's, unanimously agreed, in order to end all controversy respecting the subject, to run a dne west line equally distant from both, beginning on the summit of the moun- Line agreed opain generally known by the name of the White-top mountain, where on. C

1802.

Commissioners

the northeastern corner of Tennessee terminates, to the top of the Cumberland mountain, where the southwestern corner of Virginia terminates, which is hereby declared to be the true boundary line between the said states, and has been accordingly run by Brice Mar tin and Nathan B. Markland, the surveyors duly appointed for that purpose, and marked under the directions of the said commissioners, as will more at large appear by the report of the said survey. ors, hereto annexed, and bearing equal date herewith.

2. The commissioners do further unanimously agree, to recom agree to recommend to their respective states, that individuals having claims or ti. mend the pass- tles to lands on either side of the said line, as now fixed and agreed ing of laws to secure titles to on, and between the lines aforesaid, shall not in consequence thereof, in any wise be prejudiced or affected thereby; and that the legislatures of their respective states, should pass mutual laws to ren der all such claims or titles, secure to the owners thereof.

lands.

Recommending

cers.

3. And the said commissioners do further unanimously agree, to laws to confirm recommend to their states respectively, that reciprocal laws should be passed, confirming the acts of all public officers, whether magis trates, sheriffs, coroners, surveyors or constables, between the said lines which would have been legal in either of the said states, had no difference of opinion existed about the true boundary line.

To be ratified by the legislatures.

4. This agreement shall be of no effect, until ratified by the legisla❤ tures of the states aforesaid, respectively, and until they shall pass mutual laws for the purposes aforesaid. Given under our hands and seals at William Robertson's, near Cumberland Gap, December the eighth, eighteen hundred and two.

Jos. MARTIN,

(L. s.)

JOHN SEVIER,

(L. S.)

CREED TAYLOR, (L. s.)

MOSES FISK,
PETER JOHNSTON,
GEORGE RUTLEDGE, (L. s.)
(L. s.)

(L. s.)

Certificate ofthe
Surveyors ap-

the line.

5. And whereas Brice Martin and Nathan B. Markland, the sur pointed to run veyors duly appointed to run and mark the said line, have granted their certificate of the execution of their duties, which certificate is in the words following, to wit: "The undersigned surveyors, having been duly appointed to run the boundary line between the states of Virginia and Tennessee, as directed by the commissioners for that purpose, have, agreeably to their orders, run the same, beginning on the summit of the White-top mountain, at the termination of the northeastern corner of the state of Tennessee, a due west course to the top of the Cumberland mountain, where the southwestern corner of the state of Virginia terminates, keeping at an equal distance from the lines called Walker's and Henderson's, and have had the new line run as aforesaid, marked with five chops in the form of a diamond, as directed by the said commissioners. Given under our hands and seals, this eighth day of December, eighteen hundred and two.

Line as

esta

B. MARTIN, (L. s.) NAT. B. MARKLAND, (L. s.) And it is deemed proper and expedient, that the said boundary line so fixed and ascertained as aforesaid, should be established and confirmed on the part of this commonwealth :

6. Be it therefore enacted by the General Assembly of the Commonblished, ratified. wealth of Virginia, That the said boundary line between this state and the state of Tennessee, as laid down, fixed and ascertained by the said commissioners above named, in their said report above recited, shall be, and is hereby fully and absolutely, to all intents and

purposes whatsoever, ratified, established and confirmed on the part of this commonwealth, as the true, certain and real boundary line between the said states.

1802.

7. All claims or titles to lands derived from the government of Titles to land North Carolina or Tennessee, which said lands by the adjustment granted by N. and establishment of the line aforesaid, have fallen into this state, Carolina & Tenshall remain as secure to the owners thereof, as if derived from the government of Virginia, and shall not be in any wise prejudiced or affected in consequence of the establishment of the said line.,

nessee confirm

ed..

8. The acts of all public officers, whether magistrates, sheriffs, co- Acts of officers roners, surveyors or constables heretofore done or performed in that confirmed. portion of territory between the lines called Walker's and Henderson's lines, which has fallen into this state by the adjustment of the present line, and which would have been legal if done or performed in the states of North Carolina or Tennessee, are hereby recognised and confirmed.

9. This act shall commence and be in force, from and after the passing of a like law on the part of the state of Tennessee.

CHAP. XIV.

An Act more effectually to restrain the practice of Negroes going at

1.

large.*
[Passed January 25, 1803.]

any

Commencement.

towns-see Rev.

B E it enacted by the General Assembly, That from and after Free negroes & the commencement of this act, every free negro or mulatto, mulattoes to be who resides in any county in this commonwealth, shall be registered registered. and numbered in a book to be kept for that purpose by the clerk of the court of the said county, which register shall specify the age, name, How to be color and stature of such free negro or mulatto, together with registered in apparent mark or scar, on his or her face, head or hands, and in Code, vol. 1, ch. what court he or she was emancipated; or that such negro or mulat- 163, pa. 315. to was born free. A copy of the said register, signed by the clerk and attested by one justice of the peace of the county wherein such register shall be made, shall be delivered to the said negro or mulatto, on application, for which copy the clerk may demand and receive twenty-five cents, to be paid by the person receiving the same.

Clerk's fee.

2. Provided always, That the clerk shall in no case grant a copy Proviso, of such register, until the court of the county in which such free negro or mulatto resides, shall have certified that such register has been truly made.

CHAP. XV.

An Act to amend the several acts heretofore made, to prevent unlaw

1.

ful gaming.t

[Passed January 25, 1803.]

HEREAS the several laws heretofore made to prevent unlawful gaming have been found extremely beneficial in many respects, yet their salutary effects have in some instances been evaded by the subtilty and ingenuity of gamblers, and other disorderly persons, who for the most part make their living by en

See Revised Code, vol. 1, chap. 163, sec. 5, 6, 7, 8, chap. 283, see. 5, 6, pa. 413. † See Revised Code, vol. 1, chap. 96, page 174—chap. 221, page 373.

Preamble.

1802.

How fines shall he collected.

Preventing delays in prosecuting offenders.

IN THE TWENTY-SEVENTH YEAR OF THE COMMONWEALTH.

couraging and promoting gambling: And whereas doubts have arisen concerning the true construction of civers parts of the said laws, and the mode of executing them; and the delays usually permitted in courts in ordinary cases, being often times the means by which the greatest offenders escape from justice, whereby practices greatly tending to the general corruption of the morals of youth and the ruin of private families, have of late greatly encreased in divers parte of this commonwealth, for remedy whereof,

2. Be it enacted and declared by the General Assembly of this Cor monwealth, That every fine, forfeiture and penalty imposed, declared, inflicted or incurred, or which may be imposed, declared inflictéd or incurred, for the use of the commonwealth, under any act, or part or parts of any act heretofore made, or under this act, or any act which shall or may hereafter be made, for the prevention or discouragement of any kind of unlawful gaming, or for the suppression thereof, shall and may be recovered in any court of record in this commonwealth, upon presentment or indictment by a grand jury, or upon information filed by the attorney for the commonwealth, in any such court, or by action of debt, bill, plaint, or any other le gal ways or means whatsoever; and in every such case, no excep◄ tion shall be admitted or sustained, for any defect or want of form in any presentment, indictment, information or other suit or action whatsoever, which may be brought or instituted on behalf of the commonwealth, or of any person or persons entitled to sue for the same, either on his own behalf, or on the behalf of such person and the commonwealth, but the court before whom any such presentment, indictment, information, suit or action, shall be brought, shall proceed to give judgment according to the very right of the case, any former law, custom or usage to the contrary notwithstanding.

3. And for the prevention of unnecessary delays, in the prosecution of offenders, Be it further enacted, That where any presentment or indictment authorised by this or any other act, shall be made by a grand jury, the court wherein the same shall be made, shall inmediately order the proper process to bring the offender before them, returnable with all convenient expedition; which process may be directed to the sheriff or other officer, of any county or corporation within this commonwealth, where the offender or offenders may be found, and such sheriff or other officer to whom the same shall be direçted, is hereby empowered and required to execute the same, and make return thereof to the court from which it issued; and if the defendant being duly summoned, shall fail to appear, and plead to such presentment or indictment immediately, the court shall forthwith proceed to give judgment against him in the same manner as if he had appeared and confessed the charge, or denying it, had been found guilty by the verdict of a jury, and may award execution against him accordingly; but if he shall appear, and plead not guilty to the presentment or indictment, the court shall without delay proceed to the trial, and render judgment according to the very right of the case as herein before directed; and where upon any rule to shew cause why an information should not be filed by the attorney for the commonwealth, the defendant shall fail to appear and shew cause, pursuant to the notice duly given him, or left at his usual place of abode, in every such case, if the information be thereafter filed, the court may on any day after the day of shewing cause, proceed to give judgment upon such information, in the same manner, as upon a pre

1802.

sentment or indictment by a grand jury: Provided nevertheless, That
if the offender against whom any judgment may be rendered, for
want of his appearing to answer the presentment or indictment, or to Proviso,
shew cause against the filing the information, shall at any time during
the same term, appear, and surrender himself in custody, cr give
bail, being ruled so to do by the court, for his appearance when re-
quired, and plead not guilty to the presentment, indictment or infor-
mation, it shall be lawful for the court in every such case, to set aside
the judgment against him, and thereupon the court shall without de-
lay, proceed to the trial in the same manner as if he had appeared
and pleaded thereto in the first instance, and shall render judgment
thereupon according to the very right of the case, without regard to
any exception that may be alledged against it.

before the court.

4. Whenever judgment shall be rendered against any offender by How offenders virtue of this act, if he be not present, the court may award a capias may be brought for the fine, and also to bring the body of the offender before the court, in order to be dealt with as the law directs, which capias, may be directed to the sheriff or other officer, of any county or corpora tion within this commonwealth, where the offender may be found, and such sheriff or other officer, to whom the same shall be directed, is hereby empowered and required, to execute the same, and make return thereof to the court from which it issued; and upon every such capias, the sheriff or other officer, shall take good and sufficient bail in a sum not exceeding five hundred dollars, nor less than two hundred dollars, for the appearance of the defendant, on the first day of the next court; and if he shall fail to take such bail, he shall forfeit a sum not exceeding five hundred dollars to the commonwealth; and if the defendant, being bailed, shall fail to appear accordingly, the bail bond shall be forfeited, and shall immediately be put in suit, and the cleik shall endorse upon the writ, that bail is required.

ines

5. Every fine, penalty and forfeiture, which shall be imposed in Application of any superior court, for the use of the commonwealth, by virtue of this act, or any other act for preventing, discouraging or suppressing gaming, shall be applied to the building, repairing and supporting public jail, clerks' cffices and courthouses, for the use of the district. courts of this commonwealth, and shall be paid into the treasury for that purpose, by the sheriff or other officer collecting or receiving the same; and every fine, penalty and forfeiture, which shall be imposed in any county or corporation court, on behalf of the commenwealth, shall be one half for the use of the poor of the county or corporation, in which the judgment shall be rendered, and paid to the overseers of the poor; and the other half to the use of the county or corporation, and applied towards lessening the county levy, in such manner as the court of such county or corporation shall direct.

fined

6. And for removing certain doubts which have arisen in the con- Taverns and tastruction of some of the acts or parts of acts, made for preventing, en keepers discouraging and suppressing unlawful gaming, Be it further enacted and declared, That every house of entertainment, or public resort, within this commonwealth, whether the same be a licensed tavern or not, shall be deemed and taken to be a tavern, and the owner, master, keeper or occupier, of every such house, shall be deemed a tavern keeper, within the true intent and meaning of this act, and within the true intent and meaning of all and every act and parts of

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