holding the said office of inspector or commissioner, and every person or persons, who, after such disqualification, shall presume to perform the duties of the said offices, shall forfeit and pay the sum of five hundred dollars, to be recovered by action of debt, or information, before any court of record within this commonwealth, one half whereof shall be to the use of the informer, the other half to the use of the commonwealth. 1803. 3. Be it further enacted, That the salaries of the inspectors at the Salaries for infollowing warehouses, shall be as follows: at Nicholas's warehouse, spectors at certwo hundred and fifty dollars; at Rivanna, two hundred and fifty tain places. dollars; at Swann's Creek, two hundred dollars; at Cannon's, two hundred and fifty dollars; at Horseley's, two hundred and twenty dollars; at Martin's, two hundred and eighty dollars; at Amherst, two hundred and ten dollars; at Tye River, two hundred dollars; at Wicomico warehouse, one hundred and thirty three dollars, thirty three cents; and at Camden warehouse, one hundred and fifty dollars. 4. Be it further enacted, That in addition to the sum of one dol- Inspection tax lar, heretofore directed to be paid to, and received by the inspectors, at the different public warehouses, in pursuance of the twenty first section of the above recited act, there shall be paid by the exporter er manufacturer of tobacco, to the inspectors, the further sum of twenty five cents. 4, as to refused tobacco.] 5. Be it further enacted, That when any tobacco shall be brought Refused tobacco to a public warehouse, which, in the estimation of the inspectors how disposed of. thereof, ought not to pass, the owner of such refused tobacco, shall have his choice, either to pick, or to have the same picked, according to the regulations of the present law; or he may direct the in- [See post ch. spectors to receive the same within their warehouse for safe custo- 58, & ch.73, sec. dy, until the commencement of the next ensuing inspection ; and the inspectors are hereby bound, upon the verbal or written directions of the said proprietor, to receive such tobacco, being previously paid fifty cents for each hogshead; which shall be appropriated to the payment of warehouse rents, and the said tobacco safe to keep in their custody until the commencement of the ensuing inspection, unless previously required by the proprietor to reinspect the same; if the tobacco thus laid by, shall not have been reinspected, at the request of the proprietor, it shall then be lawful for the inspectors and they are hereby directed, if practicable, within ten days after the commencement of the succeeding inspection, to uncase and reinspect the same, and if in their opinion, it shall be sound, merchantable and clear of trash, they shall grant receipts or notes for the same, in manner and form heretofore prescribed by law; but if refused, it shall be immediately picked, as is by law directed: Provided always, That this section shall not be so construed, as to compel the public to pay to the proprietor of the said tobacco, the value of the same, should it be burnt or otherwise destroyed, previous to its being reinspected. rents. 6. Be it further enacted, That the inspectors of all warehouses When inspectors shall settle with and pay the rents due thereon, to the proprietors shall settle their thereof, on the tenth day of April and the tenth day of October in accounts for each year, under the penalty of one thousand dollars for every failure, to be recovered by the proprietors, on motion to the next succeeding court, to be holden for the county or corporation, ten days, previous notice being given, 60. 1803. IN THE TWENTY-EIGHTH YEAR OF THE COMMONWEALTH. 7. And be it further enacted, That the inspectors at the several warehouses in this commonwealth, shall hereafter sell their transfer When they shall tobacco at October court. sell their transfer tobacco. 8. All acts or parts of acts, which come within the purview of this Repealingclause act, shall be, and the same are hereby repealed. Inspectors fined 9. And be it further enacted, That if any inspector, or inspectors, for failing to burn shall fail to have all refused tobacco actually burnt, according to law, refused tobacco. he or they for every such omission, shall forfeit and pay the sum of [ See margi- one hundred dollars, to be recovered by motion, in any court of reral note to sect. cord within this commonwealth, one half to the use of the common5.] wealth, and the other half to the informer. Ducked tobacco &c. 10. And be it enacted, That when any inspected tobacco shall get to be reinspected ducked in transportation down any river or canal, the same shall be carried to some warehouse, there to be reinspected, hung up, and dried and reprized in good order under the direction of the inspectors, or of the superintendant of the public warehouse, and when so reprized, the inspectors or superintendant, as the case may be, shall reweigh the same, and mark the true weight upon each cask, for which service, and finding nails, the owner shall pay six dollars for each hogshead. Commencement. Auditor to be chosen annually. Commencement. ed. Capital. 11. This act shall commence and be in force from and after the first day of April next. CHAP. XXXVIII. An Act to amend an act, to reduce into one act, the several acts concerning the Auditor and Treasurer.* 1. [Passed January 30, 1804.] E it enacted by the General Assembly, That the auditor of public accounts shall hereafter be chosen annually, by joint ballot of both houses of assembly; Provided nevertheless, That the present auditor shall hold his office until the first day of January next. So much of the above recited act as comes within the purview of this act, shall be and the same is hereby repealed. 2. This act shall commence and be in force from the passing thereof. CHAP. XXXIX. An Act for incorporating the Bank of Virginia. [Passed January 30, 1804.] Bank establish- I RE it enacted by the General Assembly, That a bank of Virginia shall be established at Richmond, the capital stock whereof shall not exceed one million five hundred thousand dollars, and shall be divided into shares of one hundred dollars each; and the subscriptions towards constituting the said stock, shall on the first Monday in May next be opened at Richmond for three thousand seven hundred and fifty shares; at Norfolk for three thousand shares; at Petersburg for two thousand two hundred and fifty shares; at Fredericksburg for fifteen hundred shares; at Winchester for five hundred and twenty five shares-at Staunton for four hundred and fifty shares; and at Lynchburg for five hundred and twenty five Commissioners shares;-under the superintendance of Edward Carrington, Joseph appointed to re- Gallego, Robert Pollard, George Jefferson, Philip N. Nicholas, ceive subscripti John Brockenbrough, Thomas Rutherford, Benjamin Hatcher and James F. Leitch, at Richmond; of Littleton W. Tazewell, Thomas H. Parker, Richard Blow, George M'Intosh, Theodorick Armistead, Richard E. Lee, William Bennett, John E. Hoit, and Solomon Bedinger, at Norfolk-of Robert Birchett, Robert Colquhoun, Ebenezer Stott, Archibald Thweatt, Paul Nash, John Bell, and John Wilder, at Petersburg-of Robert Patton, George French, Stephen Winchester, Alexander Duncan, Thomas Goodwin, John Mundell, and William S. Stone, at Fredericksburg; of Hugh Holmes, Edward Smith, Robert Mackey, Adam Douglas, William Davidson, John Ambler, Archibald M'Gill, and John Milton, at Winchester of John Wayt, Alexander St. Clair, John Fackler, Samuel Blackburn, John Coalter, John M'Dowell, Jacob Swoope, and Jacob Kinney, at Staunton; of James Steptoe, William Brown, Thomas Higginbotham, Samuel Irvine, William Warwick, Joel Yancey, James Stuart, and Thomas S. M'Cleland, at Lynchburg; and a majority of the said commissioners, at the places above mentioned respectively, shall be sufficient to perform the duties of their appointment; and they shall keep the subscription open at least for the term of ten days, and if not completed at the expiration of that term, then they shall keep the same open until the number of shares at the places above mentioned respectively, shall be subscribed for, and no longer-but if the subscription shall be filled at any time before the expiration of the said term of ten days, then, and immediately after the same shall be so filled, no person, or copartnership or body politic, shall, during the remainder of the term aforesaid, be permitted to subscribe for more than two shares. persons, co 1809. bing exclusively entitled to the benefit of shares. 2. And be it further enacted, That all the subscriptions and the Persons subscrishares obtained in consequence thereof, shall be deemed and held to be for the sole and exclusive use and benefit of the partnerships or bodies politic, respectively subscribing or in whose behalf the subscriptions respectively shall be declared to be made, at the time of making the same; and all bargains, contracts, promises and engagements, in any wise contravening this provision shall be void; and the persons, co-partnerships or bodies politic, respectively so subscribing, or for whose use the subscriptions shall be declared, to be made as aforesaid, shall have, enjoy and receive the share or shares respectively, obtained in consequence thereof; and all the interest and emoluments thence arising, as freely, fully, and absolutely, as if they had respectively paid the consideration therefor; any such bargains, contracts, promises or engagements to the contrary notwithstanding: Provided however, That no subscription Proviso. shall be received in Richmond, during the ten first days appointed for receiving the same, except in the name of some person or persons residing in the said city or in some part of the state, other than the cities and towns herein before mentioned as places for opening subscriptions; and so with respect to Norfolk, Petersburg, Fredericksburg, Winchester, Staunton and Lynchburg; thereby rendering the inhabitants of all the said towns, unable for the first ten days to subscribe in any town, except that in which they may reside, or to have subscriptions made in their names or for their use. 3. And be it further enacted, That the subscribers to the said Company incorbank, their successors and assigns, shall be, and are hereby created, porated." and made a corporation and body politic in law and in fact, by the name and style of "The President, Directors and Company of the 1803. Bank of Virginia," and shall so continue until the first day of May one thousand eight hundred and eighteen, and no longer; and by the name and style aforesaid, they shall be and are hereby made able and capable in law, to have, purchase, receive, possess, enjoy and retain, to themselves and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects, to an amount not exceeding in the whole three millions five hundred thousand dollars, including the amount of the capital stock aforesaid; and the same to sell, grant, demise, alien or dispose of; to sue and be sued, implead and be impleaded, answer and be answered, defend and be defended, in courts of record, or any other place whatsoever-and also to make, have and use a common seal, and the same to break, alter and renew at their pleasure; and also to ordain, establish and put in execution such bye laws, ordinances and regulations, as shall seem necessary and convenient for the government of the said corporation; not being contrary to the laws of this state, or of the United States; and for the making whereof, general meetings of the stockholders may be called by the directors, in the manner herein after specified, and generally to do and execute all acts, matters and things which a corporation or body politic, in law, may or can lawfully do and execute, subject to the rules, regulations, restrictions, limitations and provisions herein after prescribed and declared. Regulations to 4. And be it further enacted, That it shall be lawful for any perbe observed in son, copartnership, or body politic, in person or by attorney, to subobtaining subscriptions. scribe for a share or number of shares, not exceeding thirty, in any one day, except in the case before provided for; and except also, as shall be herein after directed, relatively to the commonwealth of Virginia; but in case the amount of subscriptions at any of the places before mentioned shall exceed the number of shares there allowed to be subscribed, the excess thus created, shall be reduced within the number of shares authorised to be subscribed at such places respectively, in manner following, that is to say; from the subscription and subscriptions highest in amount, the proper commissioners shall subtract a share or shares, until the same shall be made equal to the subscription or subscriptions, next highest in amount; and as often as the case shall require, they shall so proceed to subtract, a share or shares, from the subscription or subscriptions, remaining from time to time, highest in amount, until the aggregate of all the subscriptions be reduced to the number of shares authorised to be subscribed at the places before mentioned, respectively; and if by and after the operation of such subtraction (as often as the same shall be necessarily made and repeated as aforesaid) a greater number of shares may be allowed to one or more of the subscribers than to the rest, or if the number of shares shall eventually be greater than the number of shares authorised at the places before mentioned respectively, so that at least one share cannot be allowed to each and every subscriber, then, and in either of the before mentioned cases, the commissioners shall ascertain by lot, in whom the greater number of shares or the right of subscribing for and retaining one share, (as the case may be) shall be vested; and the person and persons in whose favor the lot may thereupon fall, shall be deemed to all intents and purposes, the lawful subscriber and subscribers, for such share and shares respectively; and the amount of the share or shares subscribed for, except in the case of the commonwealth, shall be paid by the several and respective subscribers in gold or silver-one 1803. Ith thereof at the time of subscribing; one fouth within sixty surer of the state to act as one ex 5 And be it further enacted, That for the well ordering of the Directors to be Fairs of the said corporation, there shall be fourteen directors, be- chosen at annual citizens of this state, elected yearly by the stockholders, at a meeting's & reaeral meeting to be held annually at Richmond, on the first Monin January, for that purpose; in which election the treasurer officio. behalf of the state shall have a vote or votes equal to the greatest aber of votes which shall be given at the said election on any ree thousand shares, held by the greatest number of stockholders; d moreover, the treasurer of the state for the time being, shall be e ex officio. At the same time and place there shall be chosen, der the same rules and regulations, thirteen directors for Nork; and the like number in like manner shall be chosen for Petersarg; and also the like number in like manner for Fredericksburg. And the directors at the several places aforesaid, at their first meeting ter each election, shall choose one of their number as a president: Provided, That the first election of directors shall not be included the before mentioned general regulation; but shall be held at the me and in the manner herein after directed; And provided, That Proviso. case it should at any time happen that an election of directors ould not be made upon any day, when pursuant to this act it ought have been made, the said corporation shall not for that cause be eemed to be dissolved, but it shall be lawful on any other day thin ten days thereafter, to hold and make an election of directors, such manner as shall have been regulated by the laws and ordinces of the said corporation; and that in case of the death, resigtion or absence from the state of a director, his place shall be fillup by a new choice for the remainder of the year, by a majority directors, at the place where such vacancy shall happen; Provided, Further provise. That every person voting for directors at any election, shall previs to giving his vote, make oath or solemnly affirm, that the share shares in right whereof he offers to vote, is or are, really and bofide his own property, and not held in trust or for the use, benetar emolument of any other person or persons, nor in pursuance of y contrivance or design to obtain for himself, or for any other peror persons a greater number of votes than he or they are fairly titled to, according to his or their true interest in the bank, in conformity with the proportions of voting on shares as established by this act. And where any person offers to vote as a proxy, an adavit to the same effect, of the person whom he represents, shall be sufficient;-to take any such oath or affirmation falsely, shall be perjury. ed to commissi 6. And be it further enacted, That on the first day of June next, List of subscrib devery thirty days thereafter, if the subscription shall not be soor- ers to be return r closed, the commissioners appointed at Norfolk, Petersburg, oners appointed Fredericksburg, Winchester, Staunton and Lynchburg, shall respect- for Richmond. rely transmit and deliver to the commissioners appointed in and |
