1803.

sickness or other just cause to perform the services required of him as commissioner of the revenue, he may, and is hereby permitted and allowed, to employ some fit and proper person to assist him, They may emwho shall take an oath before the county or corporation court, faith- ploy an assistant, fully to discharge the duties of the office, and for whose good conduct the principal shall moreover be liable.

2. And be it further enacted, That it shall be the duty of every How they shall person when called upon by a commissioner of the revenue for his acquire lists of taxable property. or her list of taxable property to deliver to the said commissioner on oath or affirmation, a true account of all lands by him or her held by patent or conveyance, which have not been already entered on the books of the commissioner, subject to taxation; and the commissioner shall enter the same on his land book, at the rate the same has been heretofore valued; and if the said land has never been va- dix to vol. 1, pa. [See Appenlued, then he shall proceed to value the same as prescribed by the 437.] act entituled "An act for equalizng the land tax within this commonwealth,"

lists of alienati⚫ons.

3. And be it further enacted, That the clerks of the several county When clerks and corporation courts shall deliver to the said commissioners their shalldelivertheir lists of alienations, on or before the tenth day of March annually, instead of the time heretofore appointed by law; and shall include therein all conveyances, which are partly, although not fully proved. The fee of a commissioner for making a transfer in consequence of any alienation, shall hereafter be eighty three (a) cents instead of the fee now allowed by law, to be charged to the person only to whom the transfer is made.

4. Be it further enacted, That no commissioner of the revenue Commissioners shall hereafter be appointed or act as collector of any public tax, not eligible to act county or corporation levy, or poor rate.

as collectors.

5. And be it further enacted, That it shall be lawful for any com- Their power to missioner of the revenue, where he shall discover, on proper evi- rectify errors. dence, any error or mistake, in the quantity or valuation of any lands; or where the same is charged more than once in the books for the preceding year, to rectify the same in the list made out by him, so as to make the same correspond with the true quantity and valua tion, and as shall appear to him just.

6. And be it further enacted, That where it shall come to the knowledge of any commissioner, by any evidence, which, in his opinion, can be relied on, that any grant has issued, or title vested, in any person to any land, within his county, it shall be lawful for him to value and list the same, as in other cases directed by law, although he shall not have received a list from the register or clerk of the emanation of such patent or recording such title.

On good evi

dence they may list all property omitted.

7. This act shall commence and be in force from and after the Commencement passing thereof,

(a) Altered to fifty cents, by act of 180-4-See post ch. 56, sec. 2.

An Act to amend the act, entituled, an act to amend the Penal Lar of this Commonwealth, and for other purposes.*

Term of confine 1. ment in the penitentiary for certain crimes,

convicts who had

B

[Passed February 1, 1804.]

E it enacted by the General Assembly, That the term of con finement in the Penitentiary of every free person convicted o robbery, burglary, or horse stealing, or as accessary thereto, shall be not less than five years, nor more than ten years; and of every such person convicted of arson, (a) or as accessary thereto, shall be not less than ten years, nor more than twenty one years.

[This section 2. So much of the act, entituled, "An act, to amend the penal not to extend to laws of this commonwealth," as directs an account to be kept be created a debit tween the public and each convict in the penitentiary, shall be and against the com- the same is hereby repealed; but it shall be hereafter in the discrefore the passing tion of the inspectors, on the discharge of any prisoner, to make of this act-Acts him an allowance not exceeding thirty dollars, if, in their judgment, of 1804, chap. 98, such prisoner shall have been industrious, and conducted himself in pa. 57.] an orderly manner.

monwealth be

Prisoners escap

tried.

3. The trial of prisoners escaping from the penitentiary, shall in ing, where to be future be had for such escape, before the district court holden in the city of Richmond; and prisoners so escaping shall remain in the penitentiary and be treated as other convicts, after their apprehenRecordofformer sion until such trial shall take place; upon which trials, the copies conviction to be of the records transmitted to the keeper of the penitentiary relative to the former trials of such prisoners, shall be produced and filed of record in the said district court.

filed.

Petit larceny to

4. All free persons accused of petit larceny, shall be tried in the be punished by court of that county wherein such offence was committed, in the stripes or confinement, at the manner prescribed by the act, entituled, "An act to amend the sediscretion of the veral laws concerning the penitentiary;" (b) and upon conviction jury. of an offender, he or she shall be punished by stripes on his or her bare back, not less than ten, nor more than forty, for any one offence, or by confinement in the penitentiary house for a term not less than eighteen months, at the discretion of the jury before whom such person shall be tried.

Board constituted for the go

5. The inspectors of the penitentiary, the governor and council, and the attorney general, shall constitute a board with full power to vernment of the make such regulations for the internal government of the penitentiary, as may to them from time to time appear expedient, to which regulations the keeper and all the officers shall strictly conform.

penitentiary.

[Repealed. Scepost ch.111.3

Commencement.

6. This act shall commence and be in force from and after the first day of April next.

*Sec Rev. Code, vol. 1, ch. 200, pa. 355-ch. 264, pa. 402-ch. 279, pal 410-ch. 284, pa. 413-Ante ch. 16-ch. 21-post ch. 55-ch. 111.

(a) Arson, is now death.-See post ch. 55.

(b) See Ante. ch. 21.

CHAP. XLII.

An Act to fix the salaries of certain Officers.*

[Passed February 2, 1804}

1803.

1. E it enacted by the General Assembly, That the officers here- Salaries allowed after mentioned, shall be allowed annually the following salaries, to wit; the keeper of the penitentiary house, the sum of one thousand two hundred dollars; to the assistant keepers of the penitentiary, two hundred and fifty dollars each; the turnkey to the penitentiary house, the sum of two hundred and sixty six dollars and sixty-six cents; the clerk of the penitentiary house, the sum of six hundred and twenty five dollars; the door keeper of the capitol and of the council, whose duty it is to keep the capitol clean, and obey the orders of the executive, the sum of three hundred dollars; the keeper of the keys of the capitol, the sum of two hundred dollars; to each of the under clerks in the register's office, five hundred dellars; to the keeper of the public seal, three hundred dollars; to the assistant clerk of the council, one thousand dollars; the superintendant of the manufactory of arms, the sum of two thousand dollars; the master armourer, the sum of one thousand dollars; the assistant armourer, the sum of one thousand dollars'; the clerk to the manufactory of arms, the sum of five hundred dollars; which several sums shall be paid quarterly out of the treasury, on warrants to be issued by the auditor of public accounts; and to the commissary and store keeper to the manufactory of arms, the sum of five hundred dollars, to commence as soon as the executive shall adjudge that his services are necessary, and shall be paid in the same manner that the other salaries allowed by this act, are paid.

2. And be it further enacted, That the chief clerk of the auditor's Chief clerk to office, shall perform the duties of the said auditor, in case of sick- ties of the audiperform the duness (a); and whenever such case shall occur, the said clerk shall tor in case of be allowed a compensation for such service, at the rate of one hun- sickness. dred and sixty six dollars and sixty seven cents, per annum in proportion to the time that he shall be employed therein, provided that nothing herein contained shall be construed so as to increase the salary of the clerk of accounts in the auditor's office.

His compensati

on.

Proviso.

3. All acts or parts of acts, which authorised the executive to fix Repealing clause the salary of any clerk, shall be and the same are hereby repealed.

CHAP. XLIII.

An Act subjecting the securities of Sheriffs to motions in certain ca

1.

ses.t

[Passed February 2, 1804.]

Bie cuced by the County, for the collection where E it enacted by the General Assembly, That hereafter where Judgmentmay be public revenue, shall fail to pay the same in the public treasury, pur

See ante. ch. 22.

sheriffs and their securities jointly for failing to pay the amount of the public revel

(a) Or in case of leave of absence, which may be granted by the executive- nuc.. see post ch. 78.

See Rev. Code, vol. 1, ch. 151, pa. 294, 341—ch. 249, pa, 390—ch. 295, pa. 425

51-ch. 176, pa. 324-ch. 183, pa. ch. 17.

1803.

Proviso.

The same for

process.

suant to law, it shall be lawful for the auditor of public accounts, and he is hereby required and directed, to obtain a judgment by motion jointly against such sheriff and his securities, in the general court; Provided, such sheriff, his security or securities, or such of them against whom judgment shall be rendered, shall have ten days previous notice of such motion; and the lands, tenements, goods and chattels of the said security or securities, shall be liable in the same manner, as the sheriffs are now liable.

2. And be it further enacted, That where any principal sheriff, or money received his deputy, shall receive any money by virtue of any writ of fieri by virtue of any facias, or other process, and shall fail to pay the amount, or so much as shall be in his hands, it shall be lawful for the party on whose behalf such process was awarded, to obtain a judgment against the principal sheriff and his securities, or their legal representatives, jointly (b); Provided, That they, or such of them against whom judgment shall be rendered, have ten days previous notice of such motion: Provided, That nothing in this act contained shall be so construed as to subject the securities of sheriffs to such motions, in cases where they have become such, before the commencement of this act.

Proviso.

Part of the former law repealed.

[See Rev. Code, vol. 1, ch. 187, pa. 344.]

Proviso.

Commencement.

CHAP. XLIV.

An Act to amend the act, for reducing into one the several acts concerning the Land Office; ascertaining the terms and manner of granting waste and unappropriated lands; directing the mode of processioning, and prescribing the duty of surveyors.

1.

[Passed February 2, 1804.]

Bit enacted act of the general assembly, passed on the twenty eighth December one thousand seven hundred and ninety five, entituled, "An act, to amend the act for reducing into one the seve ral acts concerning the land office; ascertaining the terms and manner of granting waste and unappropriated lands; settling the titles and bounds of lands; directing the mode of processioning; and prescribing the duty of surveyors," shall be and the same is hereby repealed; and surveys shall be received into the land office, and locations made on land office treasury warrants, under the same regu lations as before the passing of said act: Provided, That no location shall be made on any warrant in any other county than that in which the first location on such warrant is made; and if any person hath part of such warrant unappropriated, it shall be lawful for such person to obtain an exchange warrant for such unappropriated part; And provided also, That the surveyor of any county, where any location or locations is or are made, shall certify on the back of such warrant, how much remains unappropriated, and if the whole of the said warrant be appropriated, the same shall accompany the last survey made by virtue thereof.

E it enacted by the General Assembly, That the second sec

2. This act shall commence and be in force from and after the passing thereof.

(b) See post ch. 97, sec. 4, where a similar remedy is extended to sergeants and coroners.-See also Rev. Code, vol. 4, ch. 176, sec. 8, pa. 325, a like remedy for failing to return an execution.

SENEGAL ASSEMBLY, begun and held at the Capitol, in the City of Aichmond, on Monday the fifth day of December, one thousand eight hundred and four.

1804.

CHAP. XLV.

An Act to amend the act, entitled, "An act, directing the mode of appointing the Public Printer, prescribing his duties, and for other purposes therein mentioned."*

1. BE

[Passed December 19, 1804.]

E it enacted by the General Assembly, That it shall be the Duties of public duty of the public printer, within forty days after the ris- printer. ing of the assembly in each session, to publish three thousand two hundred copies of the laws of such session; and for the duties herein prescribed, and for all the duties heretofore prescribed by the act, entitled, “ An act, directing the mode of appointing a public printer, prescribing his duties, and for other purposes therein mentioned," shall be entitled to receive the sum of twenty five hundred Salary. dollars, and no more.

ance of duties.

2. And be it further enacted, That the person who shall be ap- To give bend for pointed public printer by the general assembly, shall previously to faithful perform entering upon the duties of the said office give bond with approved security, to the governor of this commonwealth for the time being, in the penalty of five thousand dollars, for the faithful performance of the duties belonging thereto.

extra work done

3. And be it further enacted, That it shall moreover be the duty To furnish spea of the public printer, previously to the rising of the general assem- ker with list of bly in each session, to furnish the speaker of the house of delegates during a session. with his account for printing bills and other documents for the use of the general assembly during such session; and the speaker is hereby empowered to certify the same to the auditor, for such amount as he may think a reasonable compensation for such services, and

the same.

e auditor shall grant a warrant on the treasury for

4. And be it further enacted, That when the public printer shall When laws are have delivered the number of copies of the acts, directed by this delivered gover nor & council to act, for the use of the commonwealth, the governor, with advice of grant dequate council, shall be authorised to direct the auditor of public accounts, roportion of sato grant to the said public printer, a warrant on any fund, for the lary. whole, or such part of his annual salary, as he, with advice aforesaid, shall think proper.

5. All acts and parts of acts, within the purview of this act, are Repealing hereby repealed.

clause.

6. This act shall commence and be in force from the passing Commencement thereof.

See Revised Code, vol. 1, ch. 238, page 382.