Pages i-v, 1-21
|  Pages 47-65
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| Pages i-v, 1-21
| Pages 47-65
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| CHAP. XV. | ||
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| (Passed the 18th of November, 1789.) | ||
| SECT. 1. WHEREAS many evil disposed persons have falsely and deceitfully contrived, devised and imagined privy tokens and counterfeit letters in other men's names, unto divers persons, their special friends and acquaintances, for the obtaining of money, goods and chattels of the same persons, their friends and acquaintances, by colour whereof the said evil disposed persons have deceitfully and unlawfully obtained and gotten great substance of money, goods and chattels into their hands and possession, contrary to right and conscience. | Preamble. | |
| Be it enacted by the General Assembly, That if any person or persons, shall falsely and deceitfully obtain or get into his or their hands or possession, any money, goods or chattels of any other person or persons, by colour and means of any such false token or counterfeit letter, made in any other man's name as is aforesaid; every such person and persons so offending, and being thereof lawfully convicted in the court of the district, in which such offence shall have been committed, shall have and suffer such correction and punishment, by imprisonment of his body without bail or mainprize, for any space not exceeding one year, and setting upon the pillory, as shall be unto him or them limited, adjudged or appointed by the said court. | Any person deceitfully obtaining another's money or goods, by
means of false tokens, to be imprisoned and set upon the pillory. | |
| SECT. 2. Saving to the party grieved by such deceit, such remedy by way of action or otherwise, of and for the same money, goods and chattels so obtained, as he might have had, if this act had never been made; any thing in the same contained to the contrary, in any wise notwithstanding. | Person injured not to lose his remedy by action for such money or goods. |
| CHAP. XVI. An act against the embezzling of Records. | ||
| (Passed the 10th of November, 1789.) | ||
| BE it enacted by the General Assembly, That if any record, or parcel of the same writ, return, panel, process, or warrant of attorney, in any court within this Commonwealth be willingly stolen, taken away, withdrawn, or avoided, by any clerk, or by any other person, because whereof, any judgment shall be reversed, such stealer, taker away, withdrawn, or avoided, by any clerk, or by any other person, because whereof, any judgment shall be reversed, such stealer, taker away, withdrawer, or avoider, their procurers, counsellors and abettors, being thereof indicted, and duly convicted, by their own confession, or by inquest to be taken of lawful men, shall be judged for felons, and shall incur the pain of felony. | Felony to steal or procure to be stolen any record, writ or process whereby any judgment shall be reversed. | |
 CHAP. XVII. | ||
| ||
| (Passed the 25th of November, 1789.) | ||
| SECT. 1. WHEREAS by an ordinance of convention, intituled "An ordinance to enable the present magistrates and officers to continue the administration of justice, and for settling the general mode of proceedings in criminal and other cases, till the same can be more amply provide for;" it is among other things enacted, that "all statutes or acts of Parliament made in aid of the common law, prior to the fourth year of the reign of king James the first, and which are of a general nature, not local to that kingdom, shall be the rule of decision, and shall be considered as in full force, until the same shall be altered by the legislative power of this colony;" and whereas the good people of the Commonwealth may be ensnared by an ignorance of acts of Parliament, which have never been published in any collection of the laws; and it has been thought adviseable by the General Assembly during | Preamble. |
| their present session, specially to enact such of the said statutes as to them appeared worthy of adoption, and did not already make a part of the public code of the laws of Virginia. | |
| Be it enacted by the General Assembly, That so much of the above recited ordinance, as relates to any statute or act of Parliament, shall be and is hereby repealed; and that no such statute or act shall have any force or authority within this Commonwealth. | English statutes no longer to be in force in this state. |
| SECT. 2. But all rights arising under any
such statute or act, and all crimes and offences committed against the same, at any time before
the commencement of this act, shall remain in the same condition in all respects, as if this act
had never been made This act shall commence in force on the first day of January, in the year
one thousand seven hundred and ninety-one. CHAP. XVIII. An act for amending the acts concerning the Court of Appeals. |
All rights arising under them and offences committed against
them before the commencement of this act to remain in the same condition. When this act commences in force. |
| (Passed the 19th of November, 1789.) | |
| SECT. 1. BE it enacted by the General Assembly, That it shall not be lawful for the high court of chancery, or the general court, to remove before the court of appeals, by adjournment, any question, matter or thing whatsoever. | No question to be removed by adjournment before the court of appeals. |
| SECT. 2. The court of appeals as it is now constituted by law, shall have jurisdiction and take cognizance of all suits, motions and process, which were depending before the court of appeals on the twenty-second day of December, in the year of our Lord one thousand seven hundred and eighty-eight, and are yet undetermined. | The present court to take cognizance of all business depending before the former. |
| SECT. 3. The salary of a judge of the court of appeals shall be the same, and shall be paid in the same manner, with the salary of a judge of the general court | The salaries of the judges. |
| SECT. 4. So much of the ninth section of the act, intituled "An act for amending the act intituled an act constituting the court of appeals," as provides for the case of a judge of the court of appeals, being interested in any suit, is hereby repealed. |
| SECT. 5. Although one or more of the judges of the court of appeals be interested in the event of any suit, matter or thing depending therein, the same shall be finally decided by the other judges, if there be a number of judges not so interested, sufficient to constitute a court. | How suits to be tried where the judges of the court of appeals are interested. |
| SECT. 6. If on an appeal from the high court of chancery, or on any question concerning any decree or order made therein, or process to be directed thereto, a majority of, or all the judges of the court of appeals be interested, then in the former case, the remaining judges of the court of appeals not so interested, and as many of the judges of the general court not so interested, as will make the number at least five; and in the latter case, so many of the judges of the general court, not so interested, as will make the number five at least, shall constitute a court for the purpose aforesaid. | |
| SECT. 7. If on an appeal, writ of error or supersedeas to or from any judgment or order made in a district court, or any question concerning the same, or concerning any process to be directed thereto, a majority or all of the judges of the court of appeals be interested, then in the former case, the remaining judges of the court of appeals not being interested, the judge of the high court of chancery not being so interested, and as many of the judges of the general court, who are not so interested, and did not render the judgment or direct the order, as will make the number five at least, shall constitute a court for the purpose aforesaid; and in the latter case, no judge of the court of appeals shall sit; by any five of the judges last mentioned, and not so disqualified as aforesaid, shall constitute a court. | |
| SECT. 8. If on a writ of error or supersedeas to any judgment or order made in the general court, or any question concerning the same, or any process to be directed thereto, a majority or all of the judges of the court of appeals be interested therein, then in the former case, the remaining judges of the court of appeals, not being so interested, together with the judge of the high court of chancery, and as many of the judges of the general court, not being so interested, as will make the number five at least, shall constitute a court for the purpose aforesaid. | |
| SECT. 9. Whensoever a majority or all of the judges of the court of appeals shall be interested in any of the cases abovementioned, the same shall be entered of record |
| in the said court; and the clerk thereof shall thereupon issue a summons to the judge of the high court of chancery, and judges of the general court, requiring them if not disqualified as aforesaid, to attend at the capitol in the city of Richmond, on the twentieth day of June, or if that happen on a Sunday, then on the day following, or on the twentieth day of November, or if that happen on a Sunday, then on the day following, whichsoever shall first happen, and stating the names of the parties and the court whose decision is to be examined. | When and where the judges are to meet for that purpose, |
| SECT. 10. Each judge not disqualified as aforesaid, shall be allowed for his attendance twenty shillings per day, and for travelling to and from the city of Richmond, two dollars for every twenty miles. | allowance to them for their attendance and travelling. |
| SECT. 11. A court constituted in any of the cases above described, shall hear, determine and finally decide, all suits, process, matters and things submitted to their cognizance and jurisdiction aforesaid, and the judgment, decree, sentence or order of the said court, shall be enforced and executed by process from the clerk of the court of appeals, in the same manner as if it had been rendered or made by the court of appeals itself. | How their judgments are to be enforced. |
| SECT. 12. Whensoever any appeal, writ of error or supersedeas shall be granted, and a transcript of the record be not sent to the court, on or before the second term of the court of appeals, after the same shall have been granted, such appeal, writ of error or supersedeas shall be dismissed, unless good cause be shewn to the contrary. | When records, on appeals, &c. are to be sent up to the court of appeals. |
| SECT. 13. After the dismission of an appeal, or writ of error, or supersedeas in the court of appeals, high court of chancery, general court, or any district court, no appeal, writ of error, nor supersedeas shall be allowed. | Consequence of the dismission of an appeal, writ of error, &c. |
| SECT. 14. So much of all acts, as comes within the purview of this act, is hereby repealed. |
| CHAP. XIX. An act against Forgery. (Passed the 25th of November, 1789.) | ||
| BE it enacted by the General Assembly, That if any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly act or assist in the false making, forging or counterfeiting, any deed, will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, or any acquittance or receipt either for money or goods, with intention to defraud any person whatsoever, or shall utter or publish as true any false, forged or counterfeited deed, will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, indorsement or assignment of any bill of exchange or promissory note for payment of money, acquittance or receipt either for money or goods, with intention to defraud any person, knowing the same to be false, forged or counterfeited; then every such person being thereof lawfully convicted according to the due course of law, shall be deemed guilty of felony, and suffer death as a felon without benefit of clergy. | Forgery, of what deeds, &c. felony without benefit of clergy. | |
| CHAP. XX. | ||
| ||
| (Passed the 25th of November, 1789.) | ||
| SECT. 1. WHEREAS by an act of the General Assembly intitled "An act for the relief of persons who have been or may be injured by the destruction of the records of county courts," and made among other purposes for perpetuating the testimony of witnesses in relation to any deed, will, inventory or other writing recorded in the county courts, where the original is lost, and no attested copy thereof can be produced, it was enacted, that it should be lawful for the governor with the advice of council, to issue one or more commissions as the | Preamble. |
| case may require, under the seal of the Commonwealth, to nine able and discreet persons directed, giving them or any three or more of them full power and authority to meet at some convenient place by them to be appointed, and to adjourn from time to time as they shall think fit, and to summon, hear and examine all witnesses at the witness of any person whatsoever touching the premises, and to take their depositions in writing, and to return the same with such commission or commissions to the executive, which depositions were by them to be laid before the General Assembly at the next session; to the end, that such effectual relief might be given to the sufferers by the loss of the said records as should seem just and reasonable. | |
| And whereas a commission hath issued under the seal of the Commonwealth to Samuel Duval and eight others of the county of Henrico directed, pursuant to the said act, who have made a return of their proceedings in the premises, whereby it doth appear that they have examined divers witnesses to sundry deeds, will and other matters, and that the several deeds, wills and other matters have been well and sufficiently proved: | |
| Be it enacted by the General Assembly, That from and after the passing of this act, the proofs of the several possessions, purchases, deeds, wills and other matters in the return aforesaid of the said commissioners mentioned, shall and may be given in evidence in any court of law or equity, and shall avail for the benefit and advantage of all persons claiming under them, as much as the same can or aught to avail: | Proofs of the lost records of Henrico county to be given in evidence. |
| SECT. 2. And it shall and may be lawful for the clerk of the said county of Henrico to record the several copies of wills and deeds in the said return mentioned, which have been proved to be true copies though not attested by any sworn clerk | Copies of the wills and deeds, |
| SECT. 3. And it shall be the duty of the court of the said county of Henrico, to cause the return aforesaid, to be entered by the clerk thereof, in some book of office to him belonging; for which service, the said court shall determine what is a reasonable compensation to the said clerk, to be demanded as other fees are from the person interested, the said court having regard to the fee bill. | and the commissioners return, to be recorded by the clerk of
Henrico, allowance to him therefor. |
| CHAP. XXI. An act reducing the Taxes of the present year. (Passed the 27th of November, 1789.) | |
| SECT. 1. BE it enacted by the General Assembly, That all taxes which became due under any law of revenue, whether on lands, slaves or other property, on the first day of November, in the year one thousand seven hundred and eighty-nine, and all taxes which have arisen or shall arise since that day before the passing of this act, or shall arise after the passing of this act until the first day of November, in the year one thousand seven hundred and ninety, under the act intituled "An act imposing new taxes," shall be reduced one fourth below the amount of all such taxes, as fixed by the act of the last session of Assembly, intitled "An act for preventing impositions in the collection of taxes," that is to say, one half below the amount of all such taxes, as fixed by the aforesaid laws of revenue, and the said act "imposing new taxes." | Revenue taxes becoming due 1st November 1786, and the new taxes, arising between that day and 1st of November 1790, reduced one fourth. |
| SECT. 2. All sheriffs, collectors, clerks, and public officers are required in the collection and receipt of the abovementioned taxes, to govern themselves according to the reduction aforesaid, and where more than the reduced amount aforesaid shall have been received, to restore the surplus thereof to the person or persons intituled thereto. | Surplus to be restored where the full amount has been received. |
| SECT. 3. Nothing herein before contained, shall be construed to extend to the taxes imposed by an act passed at the October session, in the year one thousand seven hundred and eighty-four, intitled "An act to explain and amend the act to levy certain taxes in aid of the public revenue;" to the fees of the register's office, or to any tax on tobacco or billiard tables. | Certain taxes excepted. |
| SECT. 4. Any warrants heretofore issued, or which shall hereafter issue for the salaries of the officers of civil government, for interest on the certificates granted to the officers and soldiers, land and naval, on continental and state establishments for their arrears of pay and depreciation, for pensions heretofore granted and remaining unpaid, for the contingent expences of government, for the interest of the state loan office debt, and of the paper money of this commonwealth funded, for the expences of criminal prosecutions, except for guards in the respective | What warrants receivable in discharge of the taxes so reduced, |
| counties and corporations, to apprehenders of horse-stealers, for slaves executed, for the shares in the Potowmack and James River companies, for the post at the point of fork and the lunatic hospital, shall be receivable as specie in discharge of any of the taxes so reduced as aforesaid, which became due on the first day of November one thousand seven hundred and eighty-nine, or which shall become due before the first day of November in the year one thousand seven hundred and ninety. And the several sheriffs and collectors upon the payment of such warrants into the treasury, shall have credit for the same accordingly. Provided nevertheless, that specie only shall be receivable from the clerks of the several courts, for discharge of the several taxes to be collected by them. | Except of those, collected by the clerks of courts. |
| SECT. 5. No distress shall be made for any tax which became due on the first day of November, in the year one thousand seven hundred and eighty-nine, until the first day of May, in the year one thousand seven hundred and ninety. | When the taxes to be distrained for. |
| SECT. 6. All the taxes so received as aforesaid, shall be accounted for and paid in the same manner, and under the same penalties, as the laws, under which they respectively arise, prescribe, except that the revenue taxes may be accounted for and paid into the public treasury at any time before the first day of October, in the year one thousand seven hundred and ninety. | and when and how to be accounted for, and paid. |
| SECT. 7. So much of all and every act as comes within the purview of this act, is hereby repealed. | |
CHAP. XXII. An act concerning the Benefit of Clergy. (Passed the 27th of November, 1789.) | |
| SECT. 1. BE it enacted and declared by the General Assembly, That the benefit of clergy shall not be allowed to principals in the first degree, First, in murder; secondly, or in burglary; thirdly, or in arson at common law; fourthly, or for the wilful burning of any courthouse, or county or public prison, or of the office of the clerk of any court within this Commonwealth; fifthly, or for the felonious taking of any goods or chattels out | Benefit of clergy, in what offences, not allowed to principals in the first degree, |
| of any church, chapel or meeting-house belonging thereto; sixthly, or for the robbing of any person or persons in their dwelling houses or dwelling place, the owner or dweller in the same house or dwelling place, his wife, his children, or servants, then being within and put in fear and dread by the same; seventhly, or for the robbing of any person or persons in or near about any highway; eighthly, or for the felonious stealing of any horse, gelding or mare; ninthly, or for the felonious breaking of any dwelling house by day, and taking away of any goods or chattels, being in any dwelling house, the owner or any person being therein and put in fear. | |
| SECT. 2. The benefit of clergy shall not be allowed to principals in the second degree, in any of the cases abovementioned. | or in the second degree; |
| SECT. 3. It shall not be allowed to accessories before the fact, first, in murder; secondly, or burglary; thirdly, or arson at common law; fourthly, or for the wilful burning of any court house or county or public prison, or of the office of the clerk of any court within this Commonwealth: fifthly, or for the robbing of any person or persons in their dwelling houses or dwelling places, the owner or dweller in the same dwelling house or dwelling place, his wife, his children or servants then being within and put in fear and dread by the same; sixthly, or for the robbing of any person or persons in or near abut any highway. | In what offences, not allowed to accessaries before the fact; |
| SECT. 4. It shall be allowed to principals and accessaries in all offences which would otherwise be without clergy, whether the same be newly created by any act of the General Assembly, or exist under the common law, unless it be taken away by the express words of some act of assembly. | When allowed, unless expressly taken away by act of assembly; |
| SECT. 5. It shall not be allowed to any person more than once, except in the following case, that is to say: whensoever any person shall have been admitted to the benefit of clergy, such admission shall not operate as a pardon or discharge for other offences of a clergyable nature, committed by him before that admission to the benefit of clergy, but he shall be again allowed the benefit of clergy for every other offence of a clergyable nature committed by him before that admission to the benefit of clergy, and shall be burned in the hand for every such offence. | How often; |
| SECT. 6. But if any person who shall have been once |
| admitted to the benefit of clergy, shall before that admission have committed any offence, in which the benefit of clergy is not allowed by law, or shall after that admission, commit any offence in which the benefit of clergy is even allowed by law, he shall suffer death without benefit of clergy. | ||
| SECT. 7. A female shall in all cases receive the same judgment and stand in the same condition with respect to the benefit of clergy, as a male. | Females intitled to it, in like manner as males, | |
| SECT. 8. A slave shall in all cases receive the same judgment and stand in the same condition with respect to the benefit of clergy, as a free negro and mulatto. | And slaves as free negroes or mulattoes. | |
| SECT. 9. Nothing in this act contained shall be construed to take away the benefit of clergy, from any offence, in which it is now allowed by any act of the General Assembly, or to allow it in any offence, from which it is now expressly taken away by any act of the General Assembly. | Not taken away by this act, when expressly allowed by any other, or allowed, when expressly taken away. | |
| CHAP. XXIII. | ||
| ||
| BE it enacted by the General Assembly, That if any person upon whom process out of any court within this Commonwealth, shall be served to testify or depose concerning any cause or matter depending therein, shall not appear according to the tenor of the said process, not having a lawful and reasonable excuse, let or impediment to the contrary, such person so making default, shall yield such recompence to the party grieved, as in an action on the case founded upon this act, shall be awarded and adjudged according to the loss and hindrance which the party who procured such process shall sustain, by reason of the non-appearance of said witness | Witnesses failing to appear, subject to damages, at the suit of the party injured. |
| CHAP. XXIV. | ||
| ||
| (Passed the 3d of December, 1789.) | ||
| WHEREAS, in the passing of those legislative acts, which are known under the name of laws as distinguished from other acts, which are commonly called Resolutions, certain forms and solemnities have been established for the purpose of obtaining that deliberation which the matter of laws generally require; and it hath been the practice of the General Assembly, to grant large sums of money by resolutions, which are confirmed on a single reading. | Preamble. | |
| Be it enacted by the General Assembly, That no sum of money shall be voted for any use whatsoever by a resolution only, except where, by some previous law, a sum of money shall have been appropriated, and by such resolution, the whole, or a part thereof, may be particularly applied, in pursuance of the said law. | No money to be voted by resolution of the Assembly, unless there hath been an appropriation by law. | |
| CHAP. XXV. | ||
| ||
| (Passed the 4th of December, 1789.) | ||
| BE it enacted by the General Assembly, That the act intituled "An act to increase the reward for killing wolves in certain counties," which expired in the year one thousand seven hundred and eighty-five, shall be, and the same is hereby revised so far as the same respects the counties of Hampshire, Albemarle, Amherst, Fluvanna, Orange, Culpeper, Berkeley, Loudoun, Fairfax, Prince William, Buckingham, Pendleton, Frederick, Shenandoah, Fauquier, Hardy, and Charlotte; and shall continue and be in force from and after the passing of this act, for and during the term of three years, and from thence to the end of the next session of Assembly. | Act increasing the reward for killing wolves, revived as to certain counties. |
| CHAP. XXVI. | ||
| ||
| (Passed the 1st of December, 1789.) | ||
| SECT. 1. BE it enacted by the General Assembly, That all and every person and persons who shall unlawfully and corruptly procure any witness or witnesses by letters, rewards, promises, or by any other sinister and unlawful labour or means whatsoever, to commit any wilful and corrupt perjury in any matter or cause whatsoever now depending, or which hereafter shall depend in suit and variance by any writ, action, bill, complaint or information in any wise touching or concerning any lands, tenements, or hereditaments, or any goods, chattels, debts or damages, in any of the courts of this Commonwealth, or shall likewise unlawfully and corruptly, procure or suborn any witness or witnesses which shall be sworn to testify in perpetuam rei memoriam, or any criminal prosecution, or in any examination or controversy before a justice or justices of the peace, or before any commissioners appointed to take depositions, that then every such offender or offenders shall for his, her or their said offence, being thereof lawfully convicted, be adjudged to pay a fine not exceeding two hundred pounds, and to suffer imprisonment for the space of one year without bail or mainprize. | Suborners of witnesses, how punished; | |
| SECT. 2. And be it further enacted, That if any person or persons, either by the subornation, unlawful procurement, sinister persuasion, or means of any other, or by their own act, consent or agreement, wilfully and corruptly commit any manner of wilful perjury by his or their deposition, in any of the courts of this Commonwealth, or before any justice or justices of the peace, or before any commissioners appointed to take depositions, or being examined in perpetuam rei memoriam, that then every person or persons so offending, and being thereof duly convicted, shall for his or their said offence, be adjudged to pay a fine not exceeding one hundred pounds, and to suffer imprisonment by the space of sic months without bail or mainprize, and the oath of such person or persons so offending in any of the cases of perjury or | Persons guilty of perjury, how punished; their oaths not to be received in any court. |
| subornation of perjury in this act mentioned, from thenceforth shall not be received in any court within this Commonwealth, until such time as the judgment given against such person or persons shall be reversed. | |
| SECT. 3. If any juror upon any inquest whatsoever, shall take any thing by himself, or another to give his verdict, and shall be thereof convicted, such juror shall not thereafter be put on any jury, and shall pay ten times as much, as he shall have taken; whereof one half shall go to him, who will sue for the same, and the other half to the Commonwealth. | Penalty on a juror taking any thing for giving his verdict. |
| SECT. 4. Every embracer who shall procure any juror to take gain or profit, shall be punished by fine not exceeding two hundred pounds, and imprisonment not exceeding one year. | Embracers, how punished. |
CHAP. XXVII. An act to fix the time of holding elections for Representatives to Congress. (Passed the 1st of December, 1789.) | |
| WHEREAS the act intitled, "An act for the election of representatives, pursuant to the constitution of government of the United States," is confined to the election of representatives holden on the second day of February, which was in the year of our Lord one thousand seven hundred and eighty-nine. | |
| Be it enacted by the General Assembly, That the above recited act shall be extended to future elections, with the alterations and amendments following, that is to say: First, the election of representatives shall be holden on the first Monday in September, in the year one thousand seven hundred and ninety, and one thousand seven hundred and ninety-two, and in every second year thereafter; and the two years for which any future representative may serve, shall bear date from the second day of February, in the year one thousand seven hundred and ninety-one, one thousand seven hundred and ninety-three, and in every second year thereafter: Secondly, When the executive authority of this state, shall in pursuance of the constitution of the United States issue a | Elections of representatives in Congress when to be holden;
Periods from which future representatives are to serve; |
| writ of election to fill any vacancy happening in the representation thereof, the place and manner of holding such election, and all the rules and regulations relating thereto shall be the same, as are prescribed by the above recited act. | Elections to supply vacancies, when and how to be holden. |
CHAP. XXVIII. An act concerning jeofails and certain proceedings in civil cases. (Passed the 4th of December, 1789.) | |
| SECT. 1. BE it enacted by the General Assembly, That no judgment after a verdict of twelve men, shall be stayed or reversed, for any defect or fault in any writ original or judicial, or for a variance in the writ from the declaration or other proceedings; or for any mispleading, insufficient pleading, discontinuance, misjoining of the issue, or lack of a warrant of attorney; or for the appearance of either party being under the age of twenty-one years, by attorney, if the verdict be for him and not to his prejudice; or for not alleging any deed, letters testamentary, or commission of administration, to be brought into court: or for omission of the words "with force and arms," or "against the peace," or for mistake of the christian name, or surname of either party, sum of money, quantity of merchandise, day, month or year in the declaration, or pleading, (the name, sum, quantity or time being right in any part of the record or proceeding;) or for omission of the averment, "this he is ready to verify," or "this he is ready to verify by the record," or for not alledging as appeareth by the record, or for omitting the averment of any matter, without proving which, the jury ought not to have given such a verdict; or for not alledging that the suit or action is within the jurisdiction of the court; or for any informality in entering up the judgment by the clerk; neither shall any judgment entered upon confession, or by nil dicit, or non sum informatus, be reversed, nor a judgment after enquiry of damages, be stayed or reversed, for any omission or fault, which would not have been a good cause to stay or reverse the judgment if there had been a verdict. | For what defects in process or pleading judgments shall not be reversed. |
| SECT. 2. Where a demurrer shall be joined in any action, the court shall not regard any other defect or imperfection, in the writ, return, declaration or pleading, than what shall be specially alledged in the demurrer as causes thereof, unless something so essential to the action or defence, as that judgment, according to law, and the very right of the cause, cannot be given, shall be omitted. | What defects to be regarded in case of demurrers. |
| SECT. 3. Private acts of Assembly may be given in evidence without pleading them specially. | Private acts of Assembly may be given in evidence. |
| SECT. 4. Juries de medietate linguæ may be directed by the court to be summoned. | Juries de medietate linguæ |
| SECT. 5. Jurors knowing any thing relative to the point in issue, shall disclose the same in open court. | Jurors, how to give evidence; |
| SECT. 6. Any juror guilty of a contempt to the court, shall be fined by the court any sum not exceeding ten pounds. | how punished for a contempt of the court. |
| SECT. 7. Papers read in evidence though not under seal, may be carried from the bar by the jury. | Juries may take with them papers tho' not under seal; |
| SECT. 8. No sheriff shall converse with a juror but by order of the court. | When sheriff may converse with them. |
| SECT. 9. Interpreters may be sworn, truly to interpret, when necessary. | Interpreters may be sworn. |
| SECT. 10. Every person desirous of suffering a non-suit on trial, shall be barred therefrom, unless he do so before the jury retire from the bar. | Nonsuits, when to be suffered. |
| SECT. 11. Not more than two new trials shall be granted to the same party in the same cause. | New trials, how many allowed. |
| SECT. 12. After issue joined in an ejectment on the title only, no exception of form or substance shall be taken to the declaration in any court whatsoever. | Exceptions to declarations in ejectment, when to be made. |
| SECT. 13. Any instrument to which the person making the same, shall affix a scroll by way of seal, shall be adjudged and holden to be of the same force and obligation, as if it were actually sealed. | Scrolls by way of seals, valid. |
| SECT. 14. If in detinue the verdict should omit price or value, the court may at any time award a writ of enquiry to ascertain the same. | Verdicts in detinue, what omissions, in them may be remedied and how, |
| SECT. 15. If on an issue concerning several things in one count in detinue, no verdict be found for part of them, it shall not be error, but the plaintiff shall be barred of his title to the things omitted. | Omissions in them, of any articles in the count, not to vitiate them. |
| SECT. 16. Where there are several counts, one of which is faulty, and intire damages are given, the verdict shall be good; but the defendant may apply to the court, to instruct the jury to disregard such faulty count. | Where one, of several counts, is faulty, the verdict shall be good. |
| SECT. 17. A judgment on confession, shall be equal to a release of errors. | Judgment confessed, effect of it. | |
| SECT. 18. For removing all doubts concerning the courts, to which this act may apply: | ||
| Be it further enacted, That all things herein contained,
shall be the rules of decision and proceeding in all courts whatsoever within this
Commonwealth. |
These regulations to be the rules of decision in all courts within this Commonwealth. | |
| CHAP. XXIX. | ||
| ||
| (Passed the 7th of December, 1789.) | ||
| WHEREAS it is represented that many sheriffs have departed this life before the expiration of the time for which they had by law a right to act, and before their deputy sheriffs had made the collection of the public taxes, which became due in the life time of the high sheriffs; and it is doubted whether the deputies in such cases, have power to collect, and distrain for the taxes: | Preamble. | |
| Be it therefore enacted by the General Assembly, That it shall and may be lawful for all deputy sheriffs, to collect and make distress for any taxes, which may be due at the time of the death of their high sheriffs, and shall be accountable for the same in like manner, as if the sheriff had lived. | Deputy sheriffs to collect the taxes in case of the death of their principals. | |
CHAP. XXX. An act declaring the mode of proceeding in certain criminal cases. | ||
SECT. 1. FOR declaring the course of proceeding in certain criminal cases Be it enacted by the General Assembly, That in every original writ of actions personal, |
Addictions of defendants estate, degree, &c. in certain actions and indictments; |
| and in indictments, in which the exigent shall be awarded, in the names of the defendants, in such writs original and indictments, additions shall be made of their estate or degree or mystery, and of the counties of which they were or be, or in which they be or were conversant, and if on the process upon the said original writs or indictments in which the said additions be omitted, any outlawries be pronounces, that they be void, frustrate and holden for none: and before the outlawries be pronounced, the said writs and indictments shall be abated by the exception of the party, wherein the said additions be omitted. | Omission of them, effect of. |
| SECT. 2. Provided always, That though the said writs of actions personal be not according to the records and deeds by reason of surplusage of the addictions aforesaid, for that cause they shall not be abated. | Surplusage of additions, not to abate such writs, &c. |
| SECT. 3. Whensoever an inquest be about to be taken in any court, in which inquest the Commonwealth is a party, if he who appears and sues in behalf of the Commonwealth, will challenge any of the jurors, he shall assign a cause certain for his challenge, and the truth of such challenge shall be judged of by the court; and if such challenge be sufficient, the juror shall be rejected, or if insufficient he shall be admitted, and in either case the inquest shall be proceeded in. | Jurors how challenged, in inquests for the commonwealth; |
| SECT. 4. No person arraigned for treason, shall be admitted to a peremptory challenge, above the number of twenty-four, nor shall any person arraigned for murder or felony, be admitted to a peremptory challenge above the number of twenty. | How many may be peremptorily challenged, by persons arraigned for treason or felony. |
| SECT. 5. In any inquisition or indictment, the words "force and arms," or any particular words descriptive of any particular kind of force or arms, shall not of necessity be put or comprized. | Words "force and arms" in indictments ,&c. not necessary. |
| SECT. 6. Where any person shall be feloniously stricken or poisoned in one county, and shall die of the same stroke or poisoning in another county, the offender shall be examined according to law, by the court of the county where such stroke was given or poison administered, and he shall be tried in the court of the district in which such county lies. | Where offender to be examined, when one, feloniously stricken or poisoned in one county dies in another. |
| SECT. 7. In like manner an accessary to a murder or felony committed, shall be examined by the court of that county and tried in the court of that district, in which he became accessary, and shall answer upon his arraignment, | Where accessaries shall be examined and tried. |
| and receive such judgment, order, execution, pains and penalties, as are used in other cases of murder or felony. | |
| SECT. 9. Approvers shall never be admitted in any case whatsoever. | Approvers, in no cases to be admitted. |
| SECT. 9. All actions, suits, bills, indictments or informations which shall be had, brought, sued or exhibited upon any penal act of Assemlby, not affecting life or limb made or to be made, shall be had, brought, sued or exhibited within one year next after the offence committed against such penal act and not after. | Actions, &c. on penal laws, within what time to be commenced. |
| SECT. 10. Whensoever in treason or felony, any person shall stand mute on his arraignment, or persists after being admonished by the court, in not answering to the indictment, or in peremptorily challenging above the number of jurors, which by law he may be allowed to challenge peremptorily, or shall be outlawed, he shall be considered as convicted; and the same judgment and execution, disabilities and forfeitures shall take place and be awarded, as if he had been convicted by verdict or confession of the crime. | A person arraigned for treason or felony, standing mute, or peremptorily challenging more jurors than he legally may, or outlawed, to be considered as convicted. |
| SECT. 11. Process in capital or other penal cases shall be the same, as hath been hitherto practised according to law. | Process in capital or other penal cases. |
| SECT. 12. No sheriff, under sheriff, nor escheator, nor any other person, shall take or seize the goods of any person arrested or imprisoned for suspicion of treason, murder or felony before that the same person so arrested and imprisoned be convicted or attainted of such treason, murder or felony according to law, or else the said goods be otherwise lawfully forfeited, upon pain to forfeit double the value of the goods so taken, to him that is so hurt in that behalf, by action of debt to be pursued in any court of record. | None to take the goods, of any arrested on suspicion of treason,
murder, or felony, until lawfully forfeited, Penalty therefor, how recoverable. |
| SECT. 13. Whensoever any person shall happen to be attainted, convicted or outlawed of any treason, misprision of treason, murder or felony whatsoever, there shall in no case be a forfeiture to the Commonwealth of dower or of lands, slaves, or personal estate, but the same shall descend and pass in like manner as is by law directed in case of persons dying intestate; nor shall any attainder work a corruption of blood, any law or usage to the contrary in any wise not withstanding. | Estates, real and personal, of any attainted of treason, murder
or felony, to descend and pass as estates of intestates. No attainder to work a corruption of blood. |
| SECT. 14. Saving to all and every other person and persons, bodies politic and corporate their heirs and successors, | Reservation of the rights of all persons |
| and to every of them (other than to such offender, as shall be attainted, convicted or outlawed) all such right, title, interest, entry, leases, possession, condition, profit, commodity and hereditaments, as they or any of them had, or should, or of right ought to have, before or at the time of the said attainder, conviction or outlawry. | (other than the offenders) to estates of those attainted. |
| SECT. 15. If any private person have any prisoner in his keeping, arrested for suspicion of felony, treason or murder, and the person that is so arrested, escape by negligent keeping, before that he be brought to the jail, then the person from whom such prisoner so escaped, shall be liable to a fine, on being found guilty on an indictment in the court of that district in which such escape was made. | Private persons suffering any arrested for felony, &c. to escape, how punished. |
| SECT. 16. The judges of the court of appeals, high court of chancery and general court shall be conservators of the peace throughout the Commonwealth; and the justices of the peace in each county and corporation shall be conservators of the peace within their several counties and corporations respectively, and the said judges and justices within the limits aforesaid respectively shall have power to demand of such persons, as are not of good fame, sufficient surety and mainprize of their good behaviour. | Judges of the Superior courts conservators of the peace, throughout the commonwealth and justices within their counties, &c. may require surety of good behaviour of those of bad fame. |
CHAP. XXXI. An act for establishing certain inspections of Tobacco. (Passed the 5th of December, 1789.) | |
| SECT. 1. BE it enacted by the General Assembly, That inspections of tobacco shall be and the same are hereby established on the lands of Matthew Walton, on the south side of Salt river, at the first yellow bank below the mouth of Long Lick creek, in the county of Nelson, to be called and known by the name of Walton's warehouse; on the lands of Richard Parker on the Beech fork, at the mouth of Cartwright's creek, in the county of Nelson, to be called and known by the name of Parker's warehouse; on the lands of William Barksdale, in the town of Petersburg, to be called and known by the | Inspections or tobacco established on Salt river, and the Beech fork, in Nelson county, on Barksdale's |
| name of Barksdale's warehouse; on the lands of Robert Bolling, jun. adjoining his present dwelling-house in the town of Petersburg, to be called and known by the name of West-hill warehouse; on the lands of Alexander Glass Strachan, on High street, in the town of Petersburg, to be called and known by the name of High-street warehouse; on the lots of Thomas Shore and George Wilson, in the town of Petersburg, to be called and known by the name of West Brook warehouse; on the lands of John Cockey Owen and David Baird, at or near the mouth of Stuart's creek, on the north side of Beech fork, in the county of Nelson, to be called and known by the name of Stuart's creek warehouse; on the lands of Bennett Henderson, in the county of Albemarle, at the place called the Shallows, on the Rivanna river, to be called and known by the name of Henderson's warehouse; on the lands of Wilson Cary Nicholas, at the mouth of Ballenger's creek, in the county of Albemarle, to be called and known by the name of Nicholas's warehouse; and at Morgan's Town, on Monongahela river, in the county of Monongalia, to be called and known by the name of Morgan-Town warehouse; the proprietors whereof shall build the same at their own expence: | Bolling's, Strachan's, and Shore's & Wilson's lands in Petersburg; on Stuart's creek in Nelson county; at the Shallows on Rivanna river, and at Ballenger's creek in Albemarle county; and on Monongahela river, in Monongalia county; warehouses at whose expence to be built. |
| SECT. 2. There shall be allowed and paid annually to each of the inspectors at Walton's warehouse, the sum of twenty-five pounds; to each of the inspectors at Parker's warehouse, the sum of twenty-five pounds; to each of the inspectors at Barksdale's warehouse, the sum of sixty pounds; to each of the inspectors at West-hill warehouse, the sum of sicty pounds; to each of the inspectors at West-Brook warehouse, the sum of sixty pounds; to each of the inspectors at Stuart's creek warehouse, the sum of twenty-five pounds; to each of the insptectors at Henderson's warehouse, the sum of thirty pounds; to each of the inspectors at Nicholas's warehouse, the sum of forty pounds; and to each of the inspectors at Morgan-Town warehouse, the sum of fifteen pounds for their salary. | Salaries of the inspectors. |
| SECT. 3. Provided always, That if the quantity of tobacco inspected at the said warehouses, shall not be sufficient to pay the usual charges and the inspectors salaries, the deficiency shall not be paid by the public. | No deficiency to be paid by the public where a sufficiency of tobacco is not taken. |
| SECT. 4. It shall not be lawful for the proprietor of the land whereon an inspection of tobacco is hereby established, or those hereafter claiming under them, to build or suffer to be built, any house with a fire-place therein, on his or their land, within one hundred yards of such warehouse. Provided always, That nothing herein contained shall be construed to prevent the proprietors of the lands in the town of Petersburg, whereon inspections of tobacco are hereby established, from building houses with fire places therein on their respective lands. | Houses with fireplaces, not to be built within a certain
distance of the warehouses, those in Petersburg excepted. | |
| SECT. 5. And be it further enacted, That the proprietors of the lands in the town of Petersburg, whereon inspections of tobacco are hereby established, shall respectively build the warehouses for the reception of tobacco of stone or brick, to be covered with slate or tile, and make the gates of iron. no tobacco shall be received for inspection, at either of the said warehouses in Petersburgh, nor shall any inspectors be appointed for the same, until the court of Dinwiddie county shall be of opinion, and enter the same of record, that the warehouses are built according to the directions of this act. | In what manner those in Petersburg to be built. | |
| CHAP. XXXII. | ||
| ||
| (Passed the 3d of December, 1789.) | ||
| SECT. 1. WHEREAS the equal and common benefits resulting from the administration of the general government will be best diffused, and its operations become more prompt and certain, by establishing such a situation for the seat of the said government, as will be most central and convenient to the citizens of the United States at large, having regard as well to population, extent of territory, and a free navigation to the Atlantic ocean, through the Chesapeake bay, as to the most direct and ready communication with our fellow-citizens in the western frontier; And whereas it appears to this Assembly, that a | Preamble. |
| situation combining all the considerations and advantages before recited, may be had on the banks of the river Patowmack, above tide water, in a country rich and fertile in soil, healthy and salubrious in climate, and abounding in all the necessaries and conveniences of life, where in a location of ten miles square, if the wisdom of Congress shall so direct, the states of Pennsylvania, Maryland and Virginia may participate in such location; | |
| Be it therefore enacted by the General Assembly, That a tract of country, not exceeding ten miles square, or any lesser quantity, to be located within the limits of the state, and in any part thereof as Congress may by law direct, shall be, and the same is hereby for ever ceded and relinquished to the Congress and government of the United States, in full and absolute right, and exclusive jurisdiction as well of soil, as of persons, residing or to reside thereon, pursuant to the tenor and effect of the eighth section of the first article of the constitution of government of the United States: | Tract of country within this state ceded to the United States for the seat of the general government; |
| SECT. 2. Provided that nothing herein contained, shall be construed to vest in the United States, any right of property in the soil, or to affect the rights of individuals therein, otherwise than the same shall or may be transferred by such individuals to the Unites States. | reservation of the rights of individuals to the soil. |
| SECT. 3. And provided also, That the jurisdiction of the laws of this Commonwealth, over the persons and property of individuals residing within the limits of the cession aforesaid, shall not cease or determine, until Congress, having accepted the said cession, shall by law provide for the government thereof, under their jurisdiction, in manner provided by the article of the constitution before recited. | When the jurisdiction of the law of this Commonwealth over the same to cease. |
| CHAP. XXXIII. An act to amend an act, intituled "An act concerning public roads." (Passed the 9th of December, 1789.) | |
| SECT. 1. WHEREAS the act intituled "An act concerning public roads," has been found to be oppressive in some of the western counties of this Commonwealth, | Preamble. |
| by compelling the surveyors of the highways to keep all the said roads well cleared and smoothed, at least thirty feet wide: | ||
| Be it enacted by the General Assembly, That it shall be the duty of the court of each of the counties of Ohio, Monongalia, Harrison, Randolph, Pendleton, Washington and Russell, and each of the counties within the district of Kentuckey, to cause the public roads within the same respectively, those excepted, which lead from one court-house to another, to be examined by three commissioners in the month of June or July in every year; and where it shall appear upon the report of the said commissioners unnecessary to keep any of the roads so examined as wide as is required by the above recited act, it shall be lawful for the said courts respectively to direct the surveyors thereof, to keep so much only of the said roads so examined in repair, according to law, as shall be expedient. | Courts of certain counties to regulate certain public roads within the same. | |
| SECT. 2. And whereas doubts have arisen, who shall be considered as labouring tithables within the meaning of the above recited act; | ||
| Be it further enacted, That from henceforth all male persons above the age of sixteen years, except the master or owner of two or more labouring tithables, the owner of ironworks, millers, ferrykeepers, and all such as the courts shall think proper to exempt through age or infirmity, shall be considered as labouring tithables; any act or acts, and especially the above recited act in any wise to the contrary notwithstanding. | Who to be considered as labouring tithables. | |
| CHAP. XXXIV. | ||
| ||
| (Passed the 10th of December, 1789.) | ||
| WHEREAS it is represented, that the funds established by an act of Assembly, intituled "An act for the preservation of the entries made for lands in the district of Kentuckey," for the purpose of procuring record books for transcribing the entries for lands mentioned in the said recited act, are not productive. | Preamble. |
| Be it therefore enacted by the General Assembly, That the record books necessary for transcribing the said entries for lands, shall be furnished at the expence of each county respectively, and the justices of the several counties within the district of Kentuckey, are hereby authorised and directed to levy so much money as shall be necessary for the purpose aforesaid, at laying the next or any succeeding county levy. | How record books for transcribing entries for lands in Kentuckey, to be provided. | |
| CHAP. XXXV. | ||
| ||
| (Passed the 11th of December, 1789.) | ||
| WHEREAS it hath been found by experience, that the appointment of a comissioner in the high court of chancery hath greatly contributed to the dispatch of business, and the accuracy of reports, and it is expedient that the allowance made for his services in each cause, should be collected in a manner different from what is prescribed by the act, intituled "An act for amending the several acts of the General Assembly concerning the High Court of Chancery:" | Preamble. | |
| Be it enacted by the General Assembly, That the commissioner may issue his tickets for the sums allowed by the high court of chancery, for services performed by him under the orders of the said high court, and deliver them to the respective sheriffs, at the same time the clerk of the said court is directed by law to deliver his tickets, and that the several sheriffs shall collect and account for them in the same manner and under the like penalties, and shall have the same allowance for collecting and for insolvencies as are prescribed in the case of the clerk of the said high court of chancery. | Fees of the commissioner of the court of chancery, how collected. |
| Pages i-v, 1-21
| Pages 47-65
|