Hening's Statutes at Large

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AT A

GENERAL ASSEMBLY

Begun and held at the Public Buildings in
the City of Richmond, on Monday
the eighteenth day of October in
the year of our Lord one thousand
seven hundred and eighty-four and
in the ninth year of the common-
wealth.

Benjamin Harrison esq. governor.

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CHAP. I.*

An act for the establishment of courts of assize.† [Chap. XL in original.]

I. FOR rendering the administration of justice more expeditious and convenient, as well as less burthensome to individuals and to the commonwealth; Be it enacted by the General Assembly, That immediately after the first day of January, in the year of our Lord one thousand seven hundred and eighty six, the clerk of the general court shall make a fair transcript of the recording each and every suit depending in the said court, wherein an issue is to be tried or inquiry of damages to be made, and transmit the same to the clerks of the several assizes, wherein such suits are to be tried, according Act for the establishment of courts of assize.

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* In the original the chapters are continued progressively from the May session, although the paging commences anew. −− In this edition, the chapters will commence with number 1, and the chapters in the original placed in the margin.

† This act never went into operation. It was suspended until the first day of January 1786. By act of 1786, ch. 13, it was further suspended, until the first day of January 1788, and by act of 1787, ch. 16 it was repealed; but it was succeeded by the act of 1788, ch. 67 establishing District Courts. The Circuit Courts were substituted for the district courts. See acts of 1807, ch. 3, and 1808, ch. 6.

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to the regulations herein after mentioned. For the trial of issues and inquiry of damages on the records so transmitted, there shall, in every year, be holden a court of assize at the places and times following: At the city of Richmond, on the first day of April, and on the first day of October; at the city of Williamsburg, on the thirteenth day of April, and on the thirteenth day of October; at Northumberland court-house, on the first day of April, and on the first day of October; at King and Queen court house, on the twentieth day of March, and on the twentieth day of September; at Fredericksburg, on the third day of May, and on the third day of November; at Winchester, on the tenth day of April, and on the tenth day of October; at Staunton, on the first day of April, and on the first day of October; at Charlottesville, on the thirteenth day of April, and on the thirteenth day of October; at Dumfries, on the twenty third day of April, and on the twenty third day of October; at Monongalia court-house, on the first day of May, and on the twenty-fifth day of September; at Washington court-house and Fort Chiswell, alternately, on the tenth day of May, and on the tenth day of October; at Suffolk, on the third day of May, and on the third day of November; at Petersburg, on the lands of Sarah Newsum, which she has ceded to the corporation of Petersburg for the purpose of erecting their public buildings, on the twenty third day of April, and on the twenty third day of October; at Brunswick court-house, on the thirteenth day of April, and on the thirteenth day of October; at Prince Edward court-house, on the tenth day of April, and on the tenth day of October; at Bedford court-house, on the twenty third day of April, and on the twenty third day of October; and at Accomack court house, on the twenty third day of April, and on the twenty third day of October; and if any of the said several days shall happen to be Sunday, then the said courts of assize shall respectively, as the case may happen, begin on the succeeding day, and shall continue to sit until the business depending before the court shall be ended, or so much thereof as can be finished before it shall be necessary for the judges to proceed to the next assize. In all suits or actions at common law, whether real, personal, or mixed, which shall be depending in the general court on the said first day of January, in the year of	When and where courts of assize to be held. In suits depending in the general court, issues to be tried at

to the regulations herein after mentioned. For the trial of issues and inquiry of damages on the records so transmitted, there shall, in every year, be holden a court of assize at the places and times following: At the city of Richmond, on the first day of April, and on the first day of October; at the city of Williamsburg, on the thirteenth day of April, and on the thirteenth day of October; at Northumberland court-house, on the first day of April, and on the first day of October; at King and Queen court house, on the twentieth day of March, and on the twentieth day of September; at Fredericksburg, on the third day of May, and on the third day of November; at Winchester, on the tenth day of April, and on the tenth day of October; at Staunton, on the first day of April, and on the first day of October; at Charlottesville, on the thirteenth day of April, and on the thirteenth day of October; at Dumfries, on the twenty third day of April, and on the twenty third day of October; at Monongalia court-house, on the first day of May, and on the twenty-fifth day of September; at Washington court-house and Fort Chiswell, alternately, on the tenth day of May, and on the tenth day of October; at Suffolk, on the third day of May, and on the third day of November; at Petersburg, on the lands of Sarah Newsum, which she has ceded to the corporation of Petersburg for the purpose of erecting their public buildings, on the twenty third day of April, and on the twenty third day of October; at Brunswick court-house, on the thirteenth day of April, and on the thirteenth day of October; at Prince Edward court-house, on the tenth day of April, and on the tenth day of October; at Bedford court-house, on the twenty third day of April, and on the twenty third day of October; and at Accomack court house, on the twenty third day of April, and on the twenty third day of October; and if any of the said several days shall happen to be Sunday, then the said courts of assize shall respectively, as the case may happen, begin on the succeeding day, and shall continue to sit until the business depending before the court shall be ended, or so much thereof as can be finished before it shall be necessary for the judges to proceed to the next assize. In all suits or actions at common law, whether real, personal, or mixed, which shall be depending in the general court on the said first day of January, in the year of

When and where courts of assize to be held.

In suits depending in the general court, issues to be tried at

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our Lord one thousand seven hundred and eighty six, or which shall thereafter be instituted in the said court, wherein the venue is or shall be laid in either of the counties of Henrico, Hanover, Chesterfield, Goochland, or Powhatan, the issue shall be tried and the inquiry of damages be made at the court of assize to be held at the city of Richmond; if the venue is or shall be laid in either of the counties of James city, Charles city, New-Kent, Surry, Gloucester, York, Warwick, or Elizabeth city, the issues shall be tried and the inquiry of damages be made in the said court of assize to be held at the city of Williamsburg; if the venue is or shall be laid in either of the counties of Richmond, Westmoreland, Lancaster, or Northumberland, the issues shall be tried and the inquiry of damages made at the said court of assize to be held at Northumberland court-house; if the venue is or shall be laid in either of the counties of Essex, Middlesex, King and Queen, or King William, the issues shall be tried and the inquiry of damages made at the said court of assize to be held at King and Queen court houses; if the venue is or shall be laid in either of the counties of Spotsylvania, Caroline, King George, Stafford, Orange, or Culpeper, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Fredericksburg; if the venue is or shall be laid in either of the counties of Frederick, Berkeley, Hampshire, or Shenandoah, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Winchester; if the venue is or shall be laid in either of the counties of Augusta, Rockbridge, Rockingham, or Greenbrier, the issues shall be tried and the inquiry of damages be made at the said court of assize to beheld at Staunton; if the venue is or shall be laid in either of the counties of Albemarle, Louisa, Fluvanna, or Amherst, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Charlottesville; if the venue is or shall be laid in either of the counties of Fairfax, Fauquier, Loudoun, or Prince William, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Dumfries; if the venue is or shall be laid in either of the counties of Harrison, Yohogania, Monongalia, or Ohio, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Monongalia court-house: if the	the assizes, accordingly as the venue is laid, Counties assigned to each court of assize.

our Lord one thousand seven hundred and eighty six, or which shall thereafter be instituted in the said court, wherein the venue is or shall be laid in either of the counties of Henrico, Hanover, Chesterfield, Goochland, or Powhatan, the issue shall be tried and the inquiry of damages be made at the court of assize to be held at the city of Richmond; if the venue is or shall be laid in either of the counties of James city, Charles city, New-Kent, Surry, Gloucester, York, Warwick, or Elizabeth city, the issues shall be tried and the inquiry of damages be made in the said court of assize to be held at the city of Williamsburg; if the venue is or shall be laid in either of the counties of Richmond, Westmoreland, Lancaster, or Northumberland, the issues shall be tried and the inquiry of damages made at the said court of assize to be held at Northumberland court-house; if the venue is or shall be laid in either of the counties of Essex, Middlesex, King and Queen, or King William, the issues shall be tried and the inquiry of damages made at the said court of assize to be held at King and Queen court houses; if the venue is or shall be laid in either of the counties of Spotsylvania, Caroline, King George, Stafford, Orange, or Culpeper, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Fredericksburg; if the venue is or shall be laid in either of the counties of Frederick, Berkeley, Hampshire, or Shenandoah, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Winchester; if the venue is or shall be laid in either of the counties of Augusta, Rockbridge, Rockingham, or Greenbrier, the issues shall be tried and the inquiry of damages be made at the said court of assize to beheld at Staunton; if the venue is or shall be laid in either of the counties of Albemarle, Louisa, Fluvanna, or Amherst, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Charlottesville; if the venue is or shall be laid in either of the counties of Fairfax, Fauquier, Loudoun, or Prince William, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Dumfries; if the venue is or shall be laid in either of the counties of Harrison, Yohogania, Monongalia, or Ohio, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Monongalia court-house: if the

the assizes, accordingly as the venue is laid,

Counties assigned to each court of assize.

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venue is or shall be laid in either of the counties of Montgomery or Washington, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Washington court-house and Fort Chiswell, alternately; if the venue is or shall be laid in either of the counties of Norfolk, Isle of Wight, Princess Anne, Nansemond, or Southampton, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Suffolk; if the venue is or shall be laid in either of the counties of Prince George, Sussex, Dinwiddie, or Amelia, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Petersburg; if the venue is or shall be laid in either of the counties of Brunswick, Greensville, Lunenburg, or Mecklenburg, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Brunswick court-house; if the venue is or shall be laid in either of the counties of Prince Edward, Buckingham, Charlotte, Halifax, or Cumberland, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Prince Edward court-house; if the venue is or shall be laid in either of the counties of Bedford, Botetourt, Campbell, Pittsylvania, or Henry, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Bedford court-house; if the venue is or shall be laid in either of the counties of Accomack or Northampton, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Accomack court-house. To avoid improper trials by the management of the plaintiff, or the attorney for the plaintiff, the venue in transitory actions shall be laid in the county where the defendant is arrested, or where an attachment to force his appearance is levied, but may be changed by direction of the court upon good cause shewn. Previous to the holding the courts of assize, the court of appeals shall allot and regulate among themselves the court or courts of assize, at each of which two of the judges of the said court of appeals shall attend; which two judges, or in case of failure in either through sickness or other cause to attend, the other of them shall have full power to try all issues, and inquire of damages by a jury upon all records to be transmitted to them by the clerk of the general court, and therein to determine all questions	Venue, in transitory actions, where laid. What judges to attend assizes, and how allotted. Juries.

venue is or shall be laid in either of the counties of Montgomery or Washington, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Washington court-house and Fort Chiswell, alternately; if the venue is or shall be laid in either of the counties of Norfolk, Isle of Wight, Princess Anne, Nansemond, or Southampton, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Suffolk; if the venue is or shall be laid in either of the counties of Prince George, Sussex, Dinwiddie, or Amelia, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Petersburg; if the venue is or shall be laid in either of the counties of Brunswick, Greensville, Lunenburg, or Mecklenburg, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Brunswick court-house; if the venue is or shall be laid in either of the counties of Prince Edward, Buckingham, Charlotte, Halifax, or Cumberland, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Prince Edward court-house; if the venue is or shall be laid in either of the counties of Bedford, Botetourt, Campbell, Pittsylvania, or Henry, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Bedford court-house; if the venue is or shall be laid in either of the counties of Accomack or Northampton, the issues shall be tried and the inquiry of damages be made at the said court of assize to be held at Accomack court-house. To avoid improper trials by the management of the plaintiff, or the attorney for the plaintiff, the venue in transitory actions shall be laid in the county where the defendant is arrested, or where an attachment to force his appearance is levied, but may be changed by direction of the court upon good cause shewn. Previous to the holding the courts of assize, the court of appeals shall allot and regulate among themselves the court or courts of assize, at each of which two of the judges of the said court of appeals shall attend; which two judges, or in case of failure in either through sickness or other cause to attend, the other of them shall have full power to try all issues, and inquire of damages by a jury upon all records to be transmitted to them by the clerk of the general court, and therein to determine all questions

Venue, in transitory actions, where laid.

What judges to attend assizes, and how allotted.

Juries.

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about the legality of evidence, and other matters of law which may arise. For which trials, they shall cause the sheriff of the county wherein the assize court is to be held, who shall attend them throughout their whole session, to empannel and return jurors of the bystanders, qualified as the law directs, to be sworn of juries. They shall certify under their hands and seals, upon or with each record transmitted, the verdict that shall be given therein, together with such demurrers, exceptions to evidence, or exceptions to the opinion of the court, as they shall be desired by either party to certify, according to the truth of the case; which verdicts and other certificates, the clerks of assize shall in convenient time before the succeeding general court return to the clerks office in the general court. On the return of the postea, or certificate as aforesaid, to the clerk's office of the general court, in all such cases ,where a general verdict shall be given for either party, and there be no exceptions certified as aforesaid, and where no reasons are filed to stay judgment within fourteen days after the return of the postea as aforesaid, the general court at their next succeeding term, shall enter up judgment upon such verdicts, and an execution may issue thereupon. And in all such cases wherein a special verdict shall be given, exceptions certified, or reasons filed in arrest of judgment, the clerk of the general court shall put them on a docket for argument at the following general court. The judges of the general court shall, nevertheless, for good cause shewn, have power to order any issue, or writ of inquiry of damages in a suit depending before them, to be tried at their own bar. The judges of the court of appeals shall, and they are hereby authorized and empowered, to appoint a clerk to reach assize court, who shall continue in office during good behaviour, and shall keep his office and reside in the county where the assize court is to be held, attend the said courts of assize during their sittings, and make due entries and certificates of all matters and things as he shall be directed by the said courts of assize; he shall issue subpœnas for witnesses for either party upon the records sent him, and shall do all other things which the duty of his office may require; for which he shall be allowed such fees as by law shall be established, and none other. The said clerk shall	Verdicts certified to general court. Judgment, on postea, when entered. Trials at bar. Clerks of assize, how appointed, tenure of office and duty. Dockets.

about the legality of evidence, and other matters of law which may arise. For which trials, they shall cause the sheriff of the county wherein the assize court is to be held, who shall attend them throughout their whole session, to empannel and return jurors of the bystanders, qualified as the law directs, to be sworn of juries. They shall certify under their hands and seals, upon or with each record transmitted, the verdict that shall be given therein, together with such demurrers, exceptions to evidence, or exceptions to the opinion of the court, as they shall be desired by either party to certify, according to the truth of the case; which verdicts and other certificates, the clerks of assize shall in convenient time before the succeeding general court return to the clerks office in the general court. On the return of the postea, or certificate as aforesaid, to the clerk's office of the general court, in all such cases ,where a general verdict shall be given for either party, and there be no exceptions certified as aforesaid, and where no reasons are filed to stay judgment within fourteen days after the return of the postea as aforesaid, the general court at their next succeeding term, shall enter up judgment upon such verdicts, and an execution may issue thereupon. And in all such cases wherein a special verdict shall be given, exceptions certified, or reasons filed in arrest of judgment, the clerk of the general court shall put them on a docket for argument at the following general court. The judges of the general court shall, nevertheless, for good cause shewn, have power to order any issue, or writ of inquiry of damages in a suit depending before them, to be tried at their own bar. The judges of the court of appeals shall, and they are hereby authorized and empowered, to appoint a clerk to reach assize court, who shall continue in office during good behaviour, and shall keep his office and reside in the county where the assize court is to be held, attend the said courts of assize during their sittings, and make due entries and certificates of all matters and things as he shall be directed by the said courts of assize; he shall issue subpœnas for witnesses for either party upon the records sent him, and shall do all other things which the duty of his office may require; for which he shall be allowed such fees as by law shall be established, and none other. The said clerk shall

Verdicts certified to general court.

Judgment, on postea, when entered.

Trials at bar.

Clerks of assize, how appointed, tenure of office and duty.

Dockets.

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also prepare a docket of all the causes so transmitted by the clerk of the general court, setting them down in the same order as they stand in the course of the proceedings. All depositions taken in any suit so sent to be tried at any of the assizes, shall be transmitted together with the record. All writs of habeas corpus which shall be sued out during the session of assize, shall be returnable before the assize court of the circuit in which the prisoner is detained. And the said courts of assize shall have full power to hear and determine all treasons, felonies, murders, and other crimes and misdemeanors, which shall be brought before them; for which purpose, whenever any county court shall order a prisoner for further trial, they, or any one of the justices who sat in such court on the examination of the prisoner, shall, by warrant from under his or their hands and seals, direct the sheriff or his deputies to remove the prisoner and commit him to the gaol of that assize court at which the issues in civil causes for the county from whence he is removed are herein directed to be tried; which warrant the sheriff is hereby directed to obey, and may be furnished with powers to impress men for the safe-guard of such prisoners in like manner as is practiced in the removal of criminals to the public gaol. And the clerk of the county from whence such prisoner is removed, shall immediately after the court held for his county, upon the examination of such prisoner, issue a writ of venire facias to the sheriff of the county, commanding him to summon twelve good and lawful men, being freeholders of the county, to come before the court of assize where the prisoner is to be tried at its next session, and return a pannel of their names; which freeholders, or so many of them as shall names; which freeholders, or so many of them as shall appear, not being challenged, together with so many other good and lawful men of the bystanders, being freeholders of the assize district, as will make up the number twelve, shall be a lawful jury for the trial of such prisoner. If a prisoner shall desire any witnesses to be summoned for him or her to appear on the trial at the assizes, the clerk of assize shall issue subpœnas for such witnesses. The keeper of the respective assize goals, by order of any two justices of the same county, may impress guards for the safe keeping of all prisoners in their custody, to be paid by the public. The sheriff of each of the counties wherein an assize court	Depositions. Habeas Corpus. Criminal jurisdiction. Proceedings therein.

also prepare a docket of all the causes so transmitted by the clerk of the general court, setting them down in the same order as they stand in the course of the proceedings. All depositions taken in any suit so sent to be tried at any of the assizes, shall be transmitted together with the record. All writs of habeas corpus which shall be sued out during the session of assize, shall be returnable before the assize court of the circuit in which the prisoner is detained. And the said courts of assize shall have full power to hear and determine all treasons, felonies, murders, and other crimes and misdemeanors, which shall be brought before them; for which purpose, whenever any county court shall order a prisoner for further trial, they, or any one of the justices who sat in such court on the examination of the prisoner, shall, by warrant from under his or their hands and seals, direct the sheriff or his deputies to remove the prisoner and commit him to the gaol of that assize court at which the issues in civil causes for the county from whence he is removed are herein directed to be tried; which warrant the sheriff is hereby directed to obey, and may be furnished with powers to impress men for the safe-guard of such prisoners in like manner as is practiced in the removal of criminals to the public gaol. And the clerk of the county from whence such prisoner is removed, shall immediately after the court held for his county, upon the examination of such prisoner, issue a writ of venire facias to the sheriff of the county, commanding him to summon twelve good and lawful men, being freeholders of the county, to come before the court of assize where the prisoner is to be tried at its next session, and return a pannel of their names; which freeholders, or so many of them as shall names; which freeholders, or so many of them as shall appear, not being challenged, together with so many other good and lawful men of the bystanders, being freeholders of the assize district, as will make up the number twelve, shall be a lawful jury for the trial of such prisoner. If a prisoner shall desire any witnesses to be summoned for him or her to appear on the trial at the assizes, the clerk of assize shall issue subpœnas for such witnesses. The keeper of the respective assize goals, by order of any two justices of the same county, may impress guards for the safe keeping of all prisoners in their custody, to be paid by the public. The sheriff of each of the counties wherein an assize court

Depositions.

Habeas Corpus.

Criminal jurisdiction.

Proceedings therein.

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by this act is directed to be held, shall, before every meeting of the assize court in their respective counties, summon twenty four freeholders out of the counties assigned to the assize court for the district in which they respectively reside, qualified as the laws directs for grand jurors, to appear at the succeeding court of assize; which twenty four men, or any sixteen of them, shall be a grand jury, and shall inquire of, and present all treasons, murders, felonies, or other misdemeanors whatsoever, which shall have been committed within the jurisdiction of such assize courts respectively. Upon any indictment for a capital offence being found by the grand jury to be true against any person or persons, the court of assize, before whom the indictment shall be found, shall cause such person or persons to be immediately arraigned, and tried by a petit jury summoned, as herein before is directed; and he, she, or they, being found guilty, to pass such judgment as the law directs, and thereupon award execution; and if the prisoner shall be found not guilty, to acquit him or her of the charge. Provided, That on all trials, the prisoner shall be allowed counsel upon petition; and when sentence of death shall be passed upon any prisoner, there shall be one calendar month at least between sentence and execution. Upon the trial of any prisoner for any offence punishable capitally, if a bill of exceptions or demurrer to evidence shall be offered on behalf of the prisoner, and a verdict shall afterwards be found against him, and the court of assize, before whom the trial is had, shall be divided in opinion, or entertain doubts about the propriety of such exceptions or demurrers, or where only one judge shall attend or be present, then he shall not finally determine such exception or demurrer, but in all such cases the sentence shall, by order of such judges or judge, be suspended until the same shall be determined by the general court, before whom such demurrer or bill of exceptions shall be laid on the first day of the next succeeding term; and if the judges of the general court shall be of opinion that no good cause is shewn to the contrary, execution of the sentence shall forthwith take place, in the same manner as if such demurrer or bill of exceptions had never been offered. The judges of the general court may, upon good cause shewn, order nay prisoner committed to the goal of a circuit, to be removed by habeas corpus to be tried at

by this act is directed to be held, shall, before every meeting of the assize court in their respective counties, summon twenty four freeholders out of the counties assigned to the assize court for the district in which they respectively reside, qualified as the laws directs for grand jurors, to appear at the succeeding court of assize; which twenty four men, or any sixteen of them, shall be a grand jury, and shall inquire of, and present all treasons, murders, felonies, or other misdemeanors whatsoever, which shall have been committed within the jurisdiction of such assize courts respectively. Upon any indictment for a capital offence being found by the grand jury to be true against any person or persons, the court of assize, before whom the indictment shall be found, shall cause such person or persons to be immediately arraigned, and tried by a petit jury summoned, as herein before is directed; and he, she, or they, being found guilty, to pass such judgment as the law directs, and thereupon award execution; and if the prisoner shall be found not guilty, to acquit him or her of the charge. Provided, That on all trials, the prisoner shall be allowed counsel upon petition; and when sentence of death shall be passed upon any prisoner, there shall be one calendar month at least between sentence and execution. Upon the trial of any prisoner for any offence punishable capitally, if a bill of exceptions or demurrer to evidence shall be offered on behalf of the prisoner, and a verdict shall afterwards be found against him, and the court of assize, before whom the trial is had, shall be divided in opinion, or entertain doubts about the propriety of such exceptions or demurrers, or where only one judge shall attend or be present, then he shall not finally determine such exception or demurrer, but in all such cases the sentence shall, by order of such judges or judge, be suspended until the same shall be determined by the general court, before whom such demurrer or bill of exceptions shall be laid on the first day of the next succeeding term; and if the judges of the general court shall be of opinion that no good cause is shewn to the contrary, execution of the sentence shall forthwith take place, in the same manner as if such demurrer or bill of exceptions had never been offered. The judges of the general court may, upon good cause shewn, order nay prisoner committed to the goal of a circuit, to be removed by habeas corpus to be tried at

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their bar; and in that case a jury shall be summoned from the vicinage to try such offender, in like manner as is directed for the summoning of a petit jury to attend an assize court. Where the grand jury in any court of assize shall present a person for an offence not capital, the court shall and may order the clerk to issue a summons or other process commanding the person to appear at the next court of assize to answer such presentment, and thereupon shall hear and determine the same as is now done upon such like occasions in the general court. And if the grand jury shall present any person for a criminal offence, who has not before been committed or examined by a county court for the same, the court of assize shall order the clerk to issue a capias against such person, directed to all sheriffs and constables within this state, commanding them to take such person wherever found, and carry him before a magistrate of the county wherein he shall be apprehended, who shall proceed therein in the manner directed by law for examination of criminals. The attorney general for the commonwealth, or some other to be appointed by the general court, and commissioned by the governor, to continue in office during good behaviour, shall attend each of the said assize courts on behalf of the commonwealth. The goaler for the county in which an assize court is hereby directed to be held, shall constantly attend the said court of assize, and execute the commands of the said court from time to time with regard tot he duties of his office, Every person summoned as a witness or juryman, and failing to appear, may be fined by the assize court to which he was summoned in the same manner as a witness or juryman might be fined by the assize court to which he was summoned in the same manner as a witness or juryman might be fined by the general court for such offences. And for the greater ease and convenience of suitors, the clerk of the general court shall from time to time, furnish each clerk of assize with a sufficient number of blank writs, which may by the respective clerks of assize be filled up and issued, as they shall be required, but which shall be made returnable to the clerk's office of the general court on the respective return days established by law. And each clerk of assize to prevent mistakes and errors, shall transmit a list of all writs by him issued; on or before the last return day in each session of the general court, to the end that the same may be docketed and proceeded on. All and every act or acts of	Presentments, proceedings on. Attornies for commonwealth. Witnesses & jurors failing to attend.

their bar; and in that case a jury shall be summoned from the vicinage to try such offender, in like manner as is directed for the summoning of a petit jury to attend an assize court. Where the grand jury in any court of assize shall present a person for an offence not capital, the court shall and may order the clerk to issue a summons or other process commanding the person to appear at the next court of assize to answer such presentment, and thereupon shall hear and determine the same as is now done upon such like occasions in the general court. And if the grand jury shall present any person for a criminal offence, who has not before been committed or examined by a county court for the same, the court of assize shall order the clerk to issue a capias against such person, directed to all sheriffs and constables within this state, commanding them to take such person wherever found, and carry him before a magistrate of the county wherein he shall be apprehended, who shall proceed therein in the manner directed by law for examination of criminals. The attorney general for the commonwealth, or some other to be appointed by the general court, and commissioned by the governor, to continue in office during good behaviour, shall attend each of the said assize courts on behalf of the commonwealth. The goaler for the county in which an assize court is hereby directed to be held, shall constantly attend the said court of assize, and execute the commands of the said court from time to time with regard tot he duties of his office, Every person summoned as a witness or juryman, and failing to appear, may be fined by the assize court to which he was summoned in the same manner as a witness or juryman might be fined by the assize court to which he was summoned in the same manner as a witness or juryman might be fined by the general court for such offences. And for the greater ease and convenience of suitors, the clerk of the general court shall from time to time, furnish each clerk of assize with a sufficient number of blank writs, which may by the respective clerks of assize be filled up and issued, as they shall be required, but which shall be made returnable to the clerk's office of the general court on the respective return days established by law. And each clerk of assize to prevent mistakes and errors, shall transmit a list of all writs by him issued; on or before the last return day in each session of the general court, to the end that the same may be docketed and proceeded on. All and every act or acts of

Presentments, proceedings on.

Attornies for commonwealth.

Witnesses & jurors failing to attend.

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assembly, coming within the purview and meaning of this act, shall be, and they are hereby repealed. This act shall commence and be in force on the first day of January, one thousand seven hundred and eighty-six.	Commencement of act.
CHAP. II. An act for keeping in repair the pass at Rockfish Gap.	[Chap. XLI in original.]
I. WHEREAS it would greatly contribute to the ease and convenience of many counties to the westward of the Blue Ridge, that the pass through the same, at the place known by the name of Rockfish Gap, should be made as easy and accessible as possible: And whereas it would peculiarly contribute to the benefit of the counties of Augusta and Rockbridge, that the great road leading through the said gap, should not only for the present be repaired, but also kept in repair; and as the said counties are willing to be at the expence thereof,
II. Be it enacted, That the magistrates for the counties of Augusta and Rockbridge, at their respective courts to be held in the month of February next, are hereby directed and required, to assess on each tithable in the said counties the sum of twelve pence, for the purpose of repairing the said road; and that, on ten days after holding the said courts, a list of the tithables, with the tax annexed to each, shall be delivered to the sheriffs of the respective counties, who shall collect the same, as other taxes are, and make return thereof to their respective courts within six months; for which they shall be allowed five per cent. to be paid out of the money by them collected.	Provision for keeping the road over Rockfish gap in repair, by the courts of Augusta and Rockbridge.
III. And be it further enacted, That the said courts shall appoint a commissioner, in whose hands the money collected as above, shall be deposited, and shall pay out the same agreeable to the directions of the court of Augusta, who are hereby empowered and directed

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to superintend this business. The court of Augusta shall also, at their ensuing February court, advertise that they will on the first Monday in March, let the repairing of the said road to the lowest bidder, and any three shall attend at that day on the spot for that purpose. The magistrates of the said court shall also, in the name of both counties, take bond with good security of the person or persons contracting to repair the same, that it shall be done in such time and manner as they may think best, and engage on behalf of the said counties for payment thereof. And in case the party contracting, shall fail to perform his contract, the said court is empowered to proceed against him as the law directs; and that the penalty arising from such failure, shall be deposited in the hands of the commissioner aforesaid (who shall also be amenable to the said court for the performance of his trust) and applied to the purposes of this act.
IV. And be it further enacted, That the aforesaid county courts of Augusta and Rockbridge, shall, whenever they shall find it necessary, levy a sufficient sum on their respective counties, for the purpose of keeping the said road in repair; which sums so levied, shall be deposited as aforesaid, for the sole purpose of keeping the said road in repair; which sums so levied, shall be deposited as aforesaid, for the sole purpose of keeping the same in repair; provided that the said tax so levied in each county shall be uniform, and that it shall not on each tithable exceed the sum of four pence. Should any or all of the magistrate of the aforesaid counties, refuse, or fail to put this act into execution, according to the intent and meaning thereof, they shall severally forfeit the sum of fifty pounds; to be recovered by bill, plaint, or information, in any court of record, one half to the use of the informer, the other to be applied to the purpose of this act.

to superintend this business. The court of Augusta shall also, at their ensuing February court, advertise that they will on the first Monday in March, let the repairing of the said road to the lowest bidder, and any three shall attend at that day on the spot for that purpose. The magistrates of the said court shall also, in the name of both counties, take bond with good security of the person or persons contracting to repair the same, that it shall be done in such time and manner as they may think best, and engage on behalf of the said counties for payment thereof. And in case the party contracting, shall fail to perform his contract, the said court is empowered to proceed against him as the law directs; and that the penalty arising from such failure, shall be deposited in the hands of the commissioner aforesaid (who shall also be amenable to the said court for the performance of his trust) and applied to the purposes of this act.

IV. And be it further enacted, That the aforesaid county courts of Augusta and Rockbridge, shall, whenever they shall find it necessary, levy a sufficient sum on their respective counties, for the purpose of keeping the said road in repair; which sums so levied, shall be deposited as aforesaid, for the sole purpose of keeping the said road in repair; which sums so levied, shall be deposited as aforesaid, for the sole purpose of keeping the same in repair; provided that the said tax so levied in each county shall be uniform, and that it shall not on each tithable exceed the sum of four pence. Should any or all of the magistrate of the aforesaid counties, refuse, or fail to put this act into execution, according to the intent and meaning thereof, they shall severally forfeit the sum of fifty pounds; to be recovered by bill, plaint, or information, in any court of record, one half to the use of the informer, the other to be applied to the purpose of this act.

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CHAP. III.

An act for altering the court day of the county of Chesterfield.

[Chapter XLII in original.]

I. BE it enacted by the General Assembly, That a court for the county of Chesterfield shall, from and after the first day of April next, be held on the second Thursday in every month; any law to the contrary thereof notwithstanding.

Court day of Chesterfield county altered.

CHAP. IV.

[Ch. XLIII in original.]

An	act for altering the boundary line between the Glebe lands of the parish of Manchester, in the county of Chesterfield, and the lands of William Logwood.

I. WHEREAS it hath been represented to this present general assembly, that it will be mutually advantageous to the parish of Manchester, in the county of Chesterfield, and William Logwood, to straighten the line between the glebe lands and the land of the said Logwood, which are at present bounded by Isham's branch, and which from its meanderings makes upwards of forty courses in less than a mile:

II. Be it therefore enacted by the General Assembly, That the vestry of the said parish shall be, and they are hereby empowered, to straighten the line between the said lands, and to exchange, by deed, to be recorded in the court of the said county, such parts of the glebe land as will by this means be annexed to the land of the said Logwood, for such parts of his land as will be annexed to those of the said glebe.

Boundary line between glebe of parish of Manchester, in Chesterfield county, and lands of William Logwood, altered.

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CHAP. V.

[Chap. XLIV in original.]

An	act for altering the place of holding courts in the county of Prince George

I. WHEREAS it hath been represented to this assembly, that the situation of the court-house in the county of Prince George, is very inconvenient to a great part of the inhabitants of the said county:

II. Be it therefore enacted, That the justices of the peace for the said county of Prince George, or a majority of them, shall fix upon a place for holding courts in the said county, at or as near the centre thereof, as the situation and convenience will admit of; and thenceforth the said court shall proceed to erect the necessary public buildings at such place, and when such buildings shall be completed, courts for the said county shall be held at the said place.

Place of holding courts in Prince Geo. county, altered.

CHAP. VI.

[Chap. XLV in original.]

An	act to amend the act, intituled, An act for dissolving several vestries, and appointing overseers of the poor in certain counties.

I. WHEREAS it is represented that in many counties within this commonwealth the sheriffs have neglected to hold elections of overseers of the poor at the time directed by the act for dissolving several vestries, and electing overseers of the poor, and it is doubted whether such elections can be made at any other time within three years: For remedy whereof,

II. Be it enacted, That the sheriffs of the said counties where such elections ought to have been made, and were not, shall proceed to elect overseers of the poor in like manner as is directed in the said recited act; and the overseers so chosen, shall continue in office

Overseers of the poor to be elected in those counties, where the sheriffs have failed to hold elections.

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until the next general election of overseers of the poor for said counties; and have the same powers, and be subject to the same penalty, as if they had been elected at the time prescribed by the said act. All proceedings had or done by the overseers of the poor, conformable to law, after the time of their continuance in office expired, and before a new election takes place, shall be as valid and effectual as if had or done within the time for which they were by law authorized to act.

CHAP. VII.

Chap. XLVI in original.

An	act to amend and reduce the several acts for appropriating the public revenue, into one act.

I. WHEREAS it hath become necessary to amend the laws for appropriating the public revenue, and to reduce the several appropriations thereof into one act; Be it enacted by the General Assembly, That the money arising from the tax of one and an half per centum on lands and lots, shall be applied as follows: One tenth part thereof shall be applied to the redemption of the paper money funded agreeable to the recommendation of congress of the eighteenth of March, one thousand seven hundred and eighty; the interest arising on paper money of this state funded, at the rate of one thousand pounds paper for one pounds specie, shall also be made good out of the said tax; and so much thereof as arises from ands and lots within the borough of Norfolk, shall be applied annually to the payment of a debt due from the public to the said borough, for public building belonging to the same, destroyed by order of convention, until the value of the same shall be fully paid; and all the rest of the money arising from the said tax on lands and lots, shall be paid to congress towards this state's quota of the debts due by the United States: One half of the money arising from the tax on slaves, shall be applied to the redemption of the debt

Appropriation of the revenue.

Of the land tax.

Of the slave tax.

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due to the army and navy of this state, agreeable to an act, intituled, "An act for providing certain and adequate funds for the redemption of certificates granted to the officers and soldiers of the Virginia line, on continental and state establishments, for their arrears of pay and depreciation;" and so much of the other half thereof shall be paid to congress, as will annually make up, together with the land tax, the sum of four hundred thousand dollars: The money arising under the revenue law from the taxes on free male tithables and taxable property, shall form a general fund, ten thousand pounds of which per annum shall be at the disposal of the executive, to defray the contingent charges of government; and five thousand pounds reserved, to be disposed of by votes of the general assembly, as the public exigencies may require; from the said fund shall also be paid the salaries to the officers of civil government and the wages of the members representing this state in congress, and five thousand pounds annually shall be taken out of the first receipts thereof to pay the pensions to wounded or disabled officers and soldiers; all warrants to be drawn for payment of money lent the public, on the requisition of the general assembly in the session held in May, one thousand seven hundred and eighty, or of Thomas Jefferson, esq. then governor of this commonwealth, shall be paid out of the said funds; the interest arising on the loan office debt registered in the auditors office before the passing of this act, or which shall be registered in the said office on or before the first day of May next, shall also be made good out of the said fund, warrants for such interest being previously issued agreeable to law; all arrearages due to military pensioners, and all warrants heretofore drawn on the contingent or military funds, shall be made good out of the said general fund; and all sums of money voted by the general assembly during the present session to be paid out of the revenue of one thousand seven hundred and eighty-four, and not otherwise provided for, and all former votes for the payment of money arising from the two-tenths of unappropriated revenue, shall be made good out of the said general fund; the said fund shall also be charged with the interest of money due by the public for slaves that have been executed agreeable to law, warrants for which interest, at the rate of five per centum per annum, shall	Of the poll tax, and the tax on personal property.

due to the army and navy of this state, agreeable to an act, intituled, "An act for providing certain and adequate funds for the redemption of certificates granted to the officers and soldiers of the Virginia line, on continental and state establishments, for their arrears of pay and depreciation;" and so much of the other half thereof shall be paid to congress, as will annually make up, together with the land tax, the sum of four hundred thousand dollars: The money arising under the revenue law from the taxes on free male tithables and taxable property, shall form a general fund, ten thousand pounds of which per annum shall be at the disposal of the executive, to defray the contingent charges of government; and five thousand pounds reserved, to be disposed of by votes of the general assembly, as the public exigencies may require; from the said fund shall also be paid the salaries to the officers of civil government and the wages of the members representing this state in congress, and five thousand pounds annually shall be taken out of the first receipts thereof to pay the pensions to wounded or disabled officers and soldiers; all warrants to be drawn for payment of money lent the public, on the requisition of the general assembly in the session held in May, one thousand seven hundred and eighty, or of Thomas Jefferson, esq. then governor of this commonwealth, shall be paid out of the said funds; the interest arising on the loan office debt registered in the auditors office before the passing of this act, or which shall be registered in the said office on or before the first day of May next, shall also be made good out of the said fund, warrants for such interest being previously issued agreeable to law; all arrearages due to military pensioners, and all warrants heretofore drawn on the contingent or military funds, shall be made good out of the said general fund; and all sums of money voted by the general assembly during the present session to be paid out of the revenue of one thousand seven hundred and eighty-four, and not otherwise provided for, and all former votes for the payment of money arising from the two-tenths of unappropriated revenue, shall be made good out of the said general fund; the said fund shall also be charged with the interest of money due by the public for slaves that have been executed agreeable to law, warrants for which interest, at the rate of five per centum per annum, shall

Of the poll tax, and the tax on personal property.

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be issued on the first day of January annually; and the warrants granted to venire-men and witnesses, for their attendance on criminal prosecutions, and apprehenders of horsestealers, shall be made good out of the said fund. And whereas certain duties on merchandize imported, and also a tax of four shillings per hogshead on all tobacco exported, have been assigned in aid of the slave tax, and other funds established for the payment of the principal and interest of the certificates granted to the officers and soldiers for their arrears of pay and depreciation, the first payment of such principal to commence on the first day of January, one thousand seven hundred and eighty-five, and from the various postponements of the collection of the taxes, these funds have not hitherto proved adequate to such payment, and it is judged absolutely necessary for the support of public credit, that the fullest assurance shall be given for the punctual payment of the interest of those certificates;
II. Be it therefore enacted, That provided the money arising from half of the slave tax of one thousand seven hundred and eighty-four, the collection of which hath been postponed to January, one thousand seven hundred and eighty-five, shall, together with the duties on merchandize imported and tobacco exported, and appropriated to the payment of the said military debt, prove insufficient for the payment of the warrants that have heretofore issued, or may issue in the year one thousand seven hundred and eighty-five, for interest of the said certificates, all such warrants shall be made good out of the general fund; and if there shall be any excess or overplus from the said half of the slave tax and other funds assigned for the payment of the said military debt, over and above the payment of the warrants heretofore issued, or which may issue in the year one thousand seven hundred and eighty five for the payment of the interest of the said debt, all such excess or overplus arising within the year one thousand seven hundred and eighty five shall be applied in aid of the said general fund: Ten thousand pounds shall be applied in the year one thousand seven hundred and eighty-five to the purchase of arms and ammunition agreeable to an act of the present session, which shall be made good out of the money arising from the land office, not otherwise appropriated; and if the same shall	Appropriation of duties on goods imported, and tobacco exported.

be issued on the first day of January annually; and the warrants granted to venire-men and witnesses, for their attendance on criminal prosecutions, and apprehenders of horsestealers, shall be made good out of the said fund. And whereas certain duties on merchandize imported, and also a tax of four shillings per hogshead on all tobacco exported, have been assigned in aid of the slave tax, and other funds established for the payment of the principal and interest of the certificates granted to the officers and soldiers for their arrears of pay and depreciation, the first payment of such principal to commence on the first day of January, one thousand seven hundred and eighty-five, and from the various postponements of the collection of the taxes, these funds have not hitherto proved adequate to such payment, and it is judged absolutely necessary for the support of public credit, that the fullest assurance shall be given for the punctual payment of the interest of those certificates;

II. Be it therefore enacted, That provided the money arising from half of the slave tax of one thousand seven hundred and eighty-four, the collection of which hath been postponed to January, one thousand seven hundred and eighty-five, shall, together with the duties on merchandize imported and tobacco exported, and appropriated to the payment of the said military debt, prove insufficient for the payment of the warrants that have heretofore issued, or may issue in the year one thousand seven hundred and eighty-five, for interest of the said certificates, all such warrants shall be made good out of the general fund; and if there shall be any excess or overplus from the said half of the slave tax and other funds assigned for the payment of the said military debt, over and above the payment of the warrants heretofore issued, or which may issue in the year one thousand seven hundred and eighty five for the payment of the interest of the said debt, all such excess or overplus arising within the year one thousand seven hundred and eighty five shall be applied in aid of the said general fund: Ten thousand pounds shall be applied in the year one thousand seven hundred and eighty-five to the purchase of arms and ammunition agreeable to an act of the present session, which shall be made good out of the money arising from the land office, not otherwise appropriated; and if the same shall

Appropriation of duties on goods imported, and tobacco exported.

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prove insufficient, the residue shall be drawn from the general fund: Thirty thousand pounds shall be paid in the year one thousand seven hundred and eighty-five in discharge of debts due by this state to persons who are not citizens thereof; all the money arising from the sale of the Gosport lands, shall be applied to the payment of the said debts, and in aid thereof, the money arising from the duty of two and a half per centum on merchandize imported, and from the tax on law process and alienations, shall also be applied. And that immediate provision be made for paying part of the said debts, the sum of ten thousand pounds shall be drawn from the arrearages of taxes for the year one thousand seven hundred and eighty-three: And if the several funds herein appropriated to the payment of such debts, shall not be sufficient to make up the aforesaid sum of thirty thousand pounds, the same shall be made good from the general fund. And if the said appropriations shall on or before the last day of December, one thousand seven hundred and eighty-five, exceed the said sum of thirty thousand pounds, such excess or overplus shall be applied in aid of the general fund. Such creditors of the public, within the aforesaid description, whose claims are established or directed to be paid by vote of the general assembly during the present session, shall be first paid out of the said funds so much as may be directed by such vote or resolution, and the balance shall be apportioned by the governor amongst any of the foreign creditors, in such manner as to him, with advice of council, may seem reasonable. In aid of the funds heretofore appropriated by an act passed in the year one thousand seven hundred and eighty-two for payment of the debts due in the commercial department, ten thousand pounds shall be drawn from the arrearages of one thousand seven hundred and eighty-three of which ten thousand pounds, six thousand pounds thereof shall be paid to the late agent, David Rots, [Ross,] in part of the debt due to him from the public, and the balance thereof shall be apportioned amongst all the creditors in the said department, in such manner as to the governor, with advice of council, may seem proper. The tax arising from five shillings per hundred acres to be paid on each hundred acres of land included in any patent, agreeable to an act of the present session, shall be applied first to the payment of the balance due on the	Appropriation of tax on patents.

prove insufficient, the residue shall be drawn from the general fund: Thirty thousand pounds shall be paid in the year one thousand seven hundred and eighty-five in discharge of debts due by this state to persons who are not citizens thereof; all the money arising from the sale of the Gosport lands, shall be applied to the payment of the said debts, and in aid thereof, the money arising from the duty of two and a half per centum on merchandize imported, and from the tax on law process and alienations, shall also be applied. And that immediate provision be made for paying part of the said debts, the sum of ten thousand pounds shall be drawn from the arrearages of taxes for the year one thousand seven hundred and eighty-three: And if the several funds herein appropriated to the payment of such debts, shall not be sufficient to make up the aforesaid sum of thirty thousand pounds, the same shall be made good from the general fund. And if the said appropriations shall on or before the last day of December, one thousand seven hundred and eighty-five, exceed the said sum of thirty thousand pounds, such excess or overplus shall be applied in aid of the general fund. Such creditors of the public, within the aforesaid description, whose claims are established or directed to be paid by vote of the general assembly during the present session, shall be first paid out of the said funds so much as may be directed by such vote or resolution, and the balance shall be apportioned by the governor amongst any of the foreign creditors, in such manner as to him, with advice of council, may seem reasonable. In aid of the funds heretofore appropriated by an act passed in the year one thousand seven hundred and eighty-two for payment of the debts due in the commercial department, ten thousand pounds shall be drawn from the arrearages of one thousand seven hundred and eighty-three of which ten thousand pounds, six thousand pounds thereof shall be paid to the late agent, David Rots, [Ross,] in part of the debt due to him from the public, and the balance thereof shall be apportioned amongst all the creditors in the said department, in such manner as to the governor, with advice of council, may seem proper. The tax arising from five shillings per hundred acres to be paid on each hundred acres of land included in any patent, agreeable to an act of the present session, shall be applied first to the payment of the balance due on the

Appropriation of tax on patents.

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claim of Thomas Bentley, and then to the payment of the interest arising on the debts due by this state to sundry persons for services rendered in the western country, and whose claims are established by report of the commissioners appointed to liquidate the same, and the governor is hereby empowered to direct the auditors of public accounts to issue warrants for the payment of such interest in favor of those creditors coming within the description aforesaid, as may to him, with advice of council, appear entitled to a preference; and no such warrants shall issue but by special direction of the governor, as aforesaid, or by vote or resolution of the general assembly, and it shall be expressed in the body of such warrant from what fund the same shall be paid; and provided the money arising from the same shall exceed the amount of the interest warrants which the governor, with advice aforesaid, may direct to be issued, then it shall and may be lawful for the governor, with advice of council, to direct that payment shall be made out of the same in discharge of the whole or any part of the principal due to any such creditor or creditors, who may, in his opinion, deserve a preference therein. All the money arising from the sale of tobacco saved when the tobacco warehouse at Rockey Ridge was destroyed by fire, shall be apportioned by the treasurer amongst the persons entitled to the same, agreeable to a report made by the commissioners appointed by an act, intituled, "An act to appoint commissioners to state and settle the losses sustained by the burning the warehouses at Rockey Ridge." except so much as relates to the payment of sixteen hogsheads noted by the said commissioners as remaining doubtful, and five hogsheads of re-landed tobacco, which the said commissioners are hereby authorized and empowered to make further inquiry into and report to the assembly at their next session. And the treasurer is hereby further authorized and empowered to apportion all the money arising from the additional tax of three shillings per hogshead on tobacco exported, agreeable to the act before recited, amongst the several persons entitled to the same, agreeable to the aforesaid report, at such times and in such manner as may to him appear most proper, first paying to the clerk of the said commissioners, the sum allowed him by the said commissioners for his services; and the treasurer shall lay an account	On tobacco exported.

claim of Thomas Bentley, and then to the payment of the interest arising on the debts due by this state to sundry persons for services rendered in the western country, and whose claims are established by report of the commissioners appointed to liquidate the same, and the governor is hereby empowered to direct the auditors of public accounts to issue warrants for the payment of such interest in favor of those creditors coming within the description aforesaid, as may to him, with advice of council, appear entitled to a preference; and no such warrants shall issue but by special direction of the governor, as aforesaid, or by vote or resolution of the general assembly, and it shall be expressed in the body of such warrant from what fund the same shall be paid; and provided the money arising from the same shall exceed the amount of the interest warrants which the governor, with advice aforesaid, may direct to be issued, then it shall and may be lawful for the governor, with advice of council, to direct that payment shall be made out of the same in discharge of the whole or any part of the principal due to any such creditor or creditors, who may, in his opinion, deserve a preference therein. All the money arising from the sale of tobacco saved when the tobacco warehouse at Rockey Ridge was destroyed by fire, shall be apportioned by the treasurer amongst the persons entitled to the same, agreeable to a report made by the commissioners appointed by an act, intituled, "An act to appoint commissioners to state and settle the losses sustained by the burning the warehouses at Rockey Ridge." except so much as relates to the payment of sixteen hogsheads noted by the said commissioners as remaining doubtful, and five hogsheads of re-landed tobacco, which the said commissioners are hereby authorized and empowered to make further inquiry into and report to the assembly at their next session. And the treasurer is hereby further authorized and empowered to apportion all the money arising from the additional tax of three shillings per hogshead on tobacco exported, agreeable to the act before recited, amongst the several persons entitled to the same, agreeable to the aforesaid report, at such times and in such manner as may to him appear most proper, first paying to the clerk of the said commissioners, the sum allowed him by the said commissioners for his services; and the treasurer shall lay an account

On tobacco exported.

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LAWS OF VIRGINIA, OCTOBER 1784−−9th OF COMMONWEALTH.


of his proceedings herein before the general assembly at their next meeting. And whereas great part of the money arising from the said duty of three shillings may remain a considerable time in the hands of the inspectors, unless they are by law required to make speedy payment thereof,
III. Be it therefore enacted, That the several inspectors of tobacco within this commonwealth, shall pay into the treasury, on the first day of May next, or within ten days thereafter, all the money in their hands, or with which they are chargeable on the said first day of May, deducting a commission of two and an half per centum for their trouble. And if any inspector or inspectors shall fail to account and pay into the treasury all money with which they are chargeable under the said law, deducting their commission, on or before the first day of October next, such inspector, so failing, shall pay fifteen per centum damages on the amount of such money; to be recovered, by motion of the solicitor general, before any court of record in this commonwealth, giving ten days previous notice in writing to such delinquent. So much of every act as comes within the purview of this act, shall be, and the same is hereby repealed.	Inspectors when to account & pay.

of his proceedings herein before the general assembly at their next meeting. And whereas great part of the money arising from the said duty of three shillings may remain a considerable time in the hands of the inspectors, unless they are by law required to make speedy payment thereof,

III. Be it therefore enacted, That the several inspectors of tobacco within this commonwealth, shall pay into the treasury, on the first day of May next, or within ten days thereafter, all the money in their hands, or with which they are chargeable on the said first day of May, deducting a commission of two and an half per centum for their trouble. And if any inspector or inspectors shall fail to account and pay into the treasury all money with which they are chargeable under the said law, deducting their commission, on or before the first day of October next, such inspector, so failing, shall pay fifteen per centum damages on the amount of such money; to be recovered, by motion of the solicitor general, before any court of record in this commonwealth, giving ten days previous notice in writing to such delinquent. So much of every act as comes within the purview of this act, shall be, and the same is hereby repealed.

Inspectors when to account & pay.

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Pages 399-419 ======

Pages 438-450

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