1804. 1 lowances as are made to sheriffs and guards removing prisoners to the penitentiary; which fees and allowances shall be paid out of the public treasury. CHAP. LX. An Act further to amend the Act, entituled, “An Act to reduce inte one the several Acts concerning Slaves, Free Negroes and Mulattoes."* Penalty for car- 1. rying slayes off. [See as to mas. ters of vessels, Revised Code, vol. 1, ch. 103, also ch. 222, sec. 6, page 374.] sec. 50, pa. 192— Bail may be re quired as of right. Construction of this act. Penalty on masters of vessels for allowing B [Passed January 31, 1805.] E it enacted by the General Assembly, That whosoever-hereafter shall carry or cause to be carried any slave or slaves out of this commonwealth, or who shall carry or cause to be carried any slave or slaves out of any county or corporation within this commonwealth, into any other county or corporation within the same, without the consent of the owner or owners of such slave or slaves, or of the guardian of such owner or owners (if he, she or they, be a minor or minors) and with intention to defraud or deprive such owner or owners of such slave or slaves, shali be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not less than one hundred, nor more than five hundred dollars, and shall also be imprisoned in the jail or penitentiary house, for a period not less than two, nor more than four years; which fine and imprisonment shall be fixed and ascertained by a ju ry. And the person offending herein shall moreover be subjected to pay to the owner or owners of the slave or slaves carried away as aforesaid, double the value of such slave or slaves, together with double the amount of all costs and expenses by him, her or them incurred in regaining or attempting to regain such slave or slaves, to be recovered by an action on the case in any court of record in this commonwealth, having original jurisdiction over such actions. In all actions instituted for the recovery of the penalty imposed by this act, bail may be required of the defendant or defendants as of right. 2. And as doubts may arise as to what shall be considered a carrying away or removal, within the meaning of this act, Be it further enacted, That not only all those who shall willingly and designedly carry away slaves as aforesaid, but all masters of vessels, who, having a slave or slaves on board their said vessels, shall sail beyond the limits of any county, with such slave or slaves on board, shall be considered as carrying off or removing such slave or slaves, within the true intent and meaning of this act. And any person travelling by land, who shall give countenance, protection, or assistance to such slave or slaves, for the purpose of preventing him, her, or them, from being stopped or apprehended, shall also be considered as carrying off or removing such slave or slaves, within the true intent and meaning of this act. 3. Be it further enacted, That any master or skipper of a vessel, who shall permit any slave to come on board his vessel without leave or consent of his master, overseer, or owner, or shall buy, reboard their ves- ceive of or from a slave, any commodity whatsoever, without the sels in certain leave or consent of the master, owner, or overseer, as aforesaid, slaves to come on cases. • See Revised Code vol. 1, ch. 103, pa. 186, and notes subjoined; also post. chap. 69. 1804. shall forfeit and pay for every such offence, in addition to the pemalties now imposed by law, the sum of two hundred dollars; one third thereof, shall go to the master or owner of such slave, one [See Rev. Code, third to the informer, and one third to the overseers of the poor for the use of the poor. vol. 1, ch. 305, p. 432.] 4. In any action which shall be brought against the master or Defendant may skipper of any ship or vessel, in pursuance of this act, the defendant may be held to bail. 5. And be it further enacted, That it shall not be lawful for the overseers of the poor who may hereafter bind out any black or mulatto orphan, to require the master or mistress to teach such or phan reading, writing or arithmetic. Black or mulatto orphan not to be taught reading, writing or arith metic. 6. All acts, and parts of acts, coming within the purview of this Repealing act, shall be, and the same are hereby repealed. clause. 7. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. LXI. An Act to explain and amend the Act, entituled, "An Act reducing into one the several acts concerning the Fees of certain Officers, and declaring the mode of discharging the said Fees and County Le 1. vies."* [Passed January 31, 1805.] BE it enacted, That the clerks of the several courts of com- Fees allowed. mon law and in chancery within this commonwealth, shall, for entering any rule in any cause at law or in chancery upon their rule docket, whereby one party shall require the other to file a declaration, plea, replication, rejoinder or other pleading, or for entering a common order, or a confirmation thereof, or filing any of the aforesaid pleadings at law, a bill, answer, replication, or other proceeding in chancery, the same fees as heretofore; but no clerk shall be entitled to any fee for continuing a cause or rule upon his rule docket: But it shall be the duty of the clerk to continue the cause or rule monthly, when the same shall be necessary, upon the rule docket; and for all which continuances, he shall be entitled to twenty-five cents quarterly, in lieu of all fees heretofore allowed for continuances, and no more. 2. Separate and distinct rule and court dockets shall be kept for Clerks to keep chancery causes in the county and corporation courts. separate dockets. 3. It shall not be lawful for any clerk to place any fee bill in the Clerk to charge hands of any sheriff, or demand or receive any fee, for a copy of a- no fee for copies ny writ, declaration, bill, or other pleading, or proceeding; or for unless made out, a copy of any judgment or decree, or of costs, in any cause, unless such copy * See Rev. Code, vol. 1, ch. 115, pa. 211-ch. 156, pa. 312-ch, 201, pa 362-ch. 249, sec. 9, pa. 391. 1804. Extortion, what prevent clerks from taxing in the bill of costs, or execution, to be recovered by the successful party, the fee for making up records as heretofore; nor shall this act extend to copies of records necessary in cases of appeal, writ of error or supersedeas. 4. If any clerk of a court shall hereafter knowingly and fraudulentand how punish- ly charge demand, exact or take more for any business by him done, than is allowed by law, or shall knowingly and fraudulently, charge, demand, exact or take, any fee for business not actually done, every clerk so offending, shall be held guilty of extortion, and on conviction thereof in the general court, by indictment or information, shall be amerced and imprisoned at the discretion of a jury, and shall be discharged from his office forever. Lawyers may in. spect papers. 5. The lawyers practising in any court, shall be allowed, at all times freely to inspect the papers and records of such court, without being constrained to take copies thereof. In future it shall not be the duty of the clerk of any court within this commonwealth, to make up a complete record in any cause therein decided, except in up complete re- those cases, where the title, or bounds of land shall be determined, and, in the case of appeal, writ of error or supersedeas. In what cases clerks to make cords. Allowance to jailors. Jailor's fees,bow recoverable. 6. And be it further enacted, That an annual allowance not exceeding twenty-five dollars per annum, shall be allowed by each county and corporation court, for the public services of their jailor; which sum shall be levied by the said courts at laying their respective levies. 7. And whereas, much injustice hath been done, by delay in recovering the fees due to jailors, Be it enacted, That it shall be lawful for any jailor to demand, at the end of to demand, at the end of every three months, of [See Rev. Code, the creditor at whose suit the debtor is in custody, or his agent, vol. 1, ch. 213, p. 368.] where by law the creditor is now liable, the amount of his account for maintenance of such debtor; and in case such creditor shall fail to make immediate payment thereof, it shall be lawful for such jailor, upon giving ten days notice to such creditor, or his agent, to recover by motion to his district, county or corporation court, the amount thereof; and the clerk of the court before whom such judgment shall be had, shall endorse upon any execution issued thereon, that no security is to be taken, and if the sheriff, or other officer, shall make return on two several executions that he cannot make the amount therein mentioned, it shall and may be lawful for such jailor to discharge such debtor out of his custody: But nothing in this, or any other act, is to be construed so as to compel any creditor to pay for the maintenance of his debtor, or the jailor to support him, when such debtor hath taken the benefit of the prison bounds. 8. This act shall commence and be in force from the first day of July next. Commencement. CHAP. LXII, An Act concerning the Land Office.* [Passed January 31, 1805.] Register's fees 1. BE it enacted by the General Assembly, That from and after raised, the commencement of this act, the fees of the register of Sce Revised Code, yol. 1, ch. 86, pa. 141, and notes subjoined 1804. the land office, to be paid by him into the public treasury, (a) shall 2. And be it further enacted, That from and after the first day Only two clerks of October next, the register of the land office shall be allowed but allowed after 1st, two clerks, any law to the contrary notwithstanding. October next. 3. And be it further enacted, That the register of the land office, Register to be shall hereafter be chosen annually, by joint ballot of both houses of chosen annually." the general assembly; Provided nevertheless, That the present re gister shall hold his office until the first day of January next. 4. So much of any act, as comes within the purview of this act, Repealing shall be, and the same hereby is repealed. clause 5. This act shall commence and be in force from and after the Commencement passing thereof. CHAP. LXIII. An Act providing for the Support of Government, by the Imposition 1. of Taxes.* [Passed January 31, 1805.] E it enacted by the General Assembly, That the public taxes Public taxes for for the year one thousand eight hundred and four, shall be the year 1804 as follows, to wit: on lands, for every hundred dollars value, agreeably to the equalizing law, forty-eight cents; for every slave above the age of twelve years, except such as have been or shall (a) Fees of the register first made payable into the public treasury by act of October session, 1784, ch. 51, pa. 8. * See ante chap, 18, and the notes subjoined. be exempted by reason of age or infirmity, by the respective county or corporation courts, forty-four cents; for every stud horse and jack-ass, twice the price at which such horse or ass covers a mare for the season; for all other horses, mules, mares and colts, twelve cents each; for every ordinary license, twelve dollars and fifty cents; for every four wheeled riding carriage, except phaetons and stage waggons, one dollar and twenty-five cents per wheel; for all phaetons and stage waggons, eighty-four cents per wheel; and for every other riding carriage with two wheels, forty-three cents per wheel; for all lots and houses in town, one dollar and fifty-six cents, on every hundred dollars of the rent thereof, to be ascertained by the rent paid by the tenant; and where such house or lot is in the occupation of the proprietor, the yearly rent or value thereof shall be ascertained by the commissioners of the revenue, or either of them, by a comparison of its value with other houses or lots actually rented; on every license to sell merchandize of foreign growth or manufacture, by wholesale and retail, forty dollars; on every license to retail such goods, fifteen dollars; on every license to a hawker or pedlar, twenty dollars. 2. Provided, That no taxes shall be collected on lands, lots, houses, or other property, belonging to this commonwealth, or to any county, town, college, houses for divine worship, or seminary of learning. 3. And provided also, That without such license, a farmer or planter may sell salt, sugar, coffee, tea, spices, iron or steel, to his neighbors, purchased as a return load on carrying their produce in their waggons, or otherwise, to market. Appropriation of 1. public revenue. CHAP. LXIV. An Act to Appropriate the Public Revenue.* [Passed January 31, 1805.] E it enacted by the General Assembly, That the taxes and arrearages of taxes due prior to the year one thousand eight hundred and three, and all other branches of public revenue which arise to the commonwealth, prior to the first day of January, one thousand eight hundred and six, and the surplus of all appropriations heretofore made, shall constitute a general fund, and be appropriated in the following manner: For the payment of the expenses of the general assembly at their next session, forty-six thousand three hundred thirty-six dollars; for the officers of civil government, fifty-eight thousand dollars; for officers of militia, three thousand four hundred dollars; for expenses of examinations of criminals, in the county, corporation and district courts, including the expenses of guards employed over the district, county and corporation jails, forty-one thousand two hundred and sixty dollars; for slaves executed, three thousand dollars; for slaves transported, two thousand nine hundred dollars; for the lunatic hospital in the city of Williamsburg, six thousand five hundred dollars; for the public guard in the city of Richmond, fifteen thou See ante chap. 19, and note annexed. |
