Pages 479-517
|  Pages 544-567
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| Pages 479-517
| Pages 544-567
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| CHAP. XIX. | ||
| ||
| (Passed December the 21st, 1792.) | ||
| SECT. 1. WHEREAS the laws heretofore made for the inspection of flour, have been found defective, and it | Preamble. |
| has become necessary to adopt some regulations for the prevention of frauds in the exportation of bread: | |
| SECT. 2. Be it therefore enacted by the General Assembly, That one inspector of flour shall be appointed at each of the following places, to wit: −− Alexandria, Fredericksburg, Richmond, Petersburg, Blandford, West-point, Newcastle, York, Falmouth, Port-Royal, Hobb's-hole, Colchester, Dumfries, Manchester, Osborne's, Pocahuntas, Nomony, Broadway, Low-point in Surry, Suffolk, Hampton, South-Quay, Norfolk, Morgan's town, Smithfield, Fort-Wheeling, Lynchburg, Hanover town, Portsmouth, Cumberland town, at the mouth of Buffaloe-creek on the lands of Charles Prather, and at the mouth of Short Creek on the lands of David Chambers, in the county of Ohio. | Inspectors of flour to be appointed; places of inspection. |
| SECT. 3. The courts of the several counties in which the places aforesaid are situated, shall at their courts held in the months of September or October in every year, nominate and appoint a person of good repute, and who is a skilful judge of the quality of flour, to be inspector of flour at each of the places aforesaid. In case of the death of any person so appointed, or his refusal or neglect to act, the justices of the said counties respectively, or any three of them, shall as soon as conveniently may be thereafter, meet together and appoint some other person in the room of the one so dead, or refusing or neglecting to act, who shall execute the duties of his office, until the next court held for the county, where such vacancy may have happened; and at such court the justices shall appoint in manner before directed, some person to be inspector of flour for the residue of the year. If any of the said courts shall neglect to appoint such inspector at the time directed by this act, the governor, with the advice of the council, may supply such vacancy; and the person so appointed, having taken the oath herein after mentioned, before a justice of the peace, shall continue in office during the same time, and have the same power and authority as if he had been appointed by the court of the county. | Inspectors how to be appointed. |
| SECT. 4. All bolted wheat flour, and every cask thereof, brought to any of the places before-mentioned for exportation, shall be made by the miller or manufacturer thereof, merchantable and of due fineness, and without any mixture of coarser flour, or the flour of any other grain than wheat. | Wheat flour not to be mixed with any other. |
| SECT. 5. All bread and flour casks which shall be brought to any of the places before-mentioned for exportation, shall be well made, of good seasoned materials, tightened with ten hoops, sufficiently nailed with four nails in each chine hoop, and three nails in each upper bilge hoop; and the flour barrels shall be of the following dimensions, to wit: the staves shall be twenty-seven inches in length, and the heads seventeen inches and a half in diameter; and half barrels shall be of the following dimensions, to wit: the staves shall be of the length of twenty-three inches, and the diameter at each head of twelve inches and a half. | How barrels to be made. |
| SECT. 6. Every miller of four and baker of bread for exportation, shall provide and keep a distinguishable brand-mark, with which he shall brand every cask of flour and bread, and mark thereon the tare and nett weight, before the same shall be removed from the place where it was bolted or baked, under the penalty of forty-two cents for every cask of flour not hooped and nailed as aforesaid, and for every cask of flour or bread so removed, and not branded and marked as aforesaid, to be recovered from such miller or baker, who shall neglect to comply with the directions of this act, or from the person who brings such flour or bread to any of the places aforesaid for sale; and in case the penalty aforesaid shall be recovered from the person bringing the said flour or bread for sale, such person shall and may recover the same from the miller, baker or bolter from whom such flour or bread was purchased or received; provided it appears that he gave notice to such miller, baker, or bolter, that he intended to carry the same to one of the places before-mentioned for sale or exportation, and that he requested such baker, miller or bolter, to secure and brand the said barrels. | Millers and bakers to keep brand marks. Penalty for removing flour and bread not hooped, nailed and branded. |
| SECT. 7. Every miller and bolter shall put into a barrel the full quantity of one hundred and ninety-six pounds of flour, and shall put into every half barrel the full quantity of ninety-eight pounds of flour; and if any one of them shall put a smaller quantity of flour into any cask than is directed by this act, he shall forfeit for the deficiency of every pound under three, eight cents, and for the deficiency more than three, seventeen cents. | Contents of casks of flour. Penalty for deficiency in the weight. |
| SECT. 8. All casks wherein bread shall be packed, shall be weighted, and the tare marked thereon; and if any person shall put a false or wrong tare on any cask | Casks of bread to be weighted and tare marked thereon. |
| of bread, to the disadvantage of the purchaser, he or she shall forfeit for every cask so falsely tared, eighty-three cents; and the inspector, or his assistants, upon suspicion, or at the request of the purchasers, shall, and he is hereby required, to unpack any cask of flour or bread; and if there shall be a less quantity of flour than is above directed, or if the cask wherein bread is packed, shall be found to weigh more than is marked thereon, the miller, baker, or bolter (as the case may be) shall pay the charges of unpacking and repacking, over and above the penalties aforesaid; but otherwise the said charges shall be paid by the inspector, or by the purchaser, if the trial be made at his request. | Inspector may unpack flour suspected to be falsely packed. |
| SECT. 9. Every baker of bread for exportation, shall deliver with the said bread a manifest of the contents thereof, with his brand mark thereon, and his name subscribed thereto, under the penalty of seven dollars for every manifest delivered contrary thereto; and if any cask of bread be found lighter upon trial, than is set down in the manifest, he shall forfeit for every pound deficient, in the same proportion as is heretofore directed as to flour. | Bakers to deliver manifests with bread intended to be
exported. Penalty for deficiency in the weight. |
| SECT. 10. Any cask of flour brought to any of the places before-mentioned, to be from thence laden or shipped for exportation, shall be submitted to the view and examination of the inspectors at such place, who shall inspect and try the same, by boring through the head with an instrument, not exceeding half an inch in diameter, to be by him provided for that purpose; and if he shall judge that the same is well packed and merchantable according to the directions of this act, he shall plug up the hole and brand the cask in the quarter, with the name of the place at which he is inspector, with a public brand-mark to be provided for that purpose; and shall also brand and mark the degree of fineness, which he shall on inspection, determine the said flour to be of, which degree shall be distinguished as follows, to wit: Superfine, fine, middling, ship-stuff; for which trouble the inspectors at Alexandria, Fredericksburg, Falmouth, Richmond, Manchester, Petersburg, Pocahuntas, and Blandford, shall have and receive of the owner of such flour, the sum of two cents for each cask, and at every other place of inspection, the inspectors shall be allowed three cents for each cask. No inspector shall pass any flour which shall prove on examination to be unmerchantable, | Flour to be inspected before exported. Marks when inspected. Fee for inspection. Inspector to condemn |
| according to the true intent and meaning of this act; but shall cause the same to be marked on the bilge with the word "condemned," or secure it for a further examination, if required, which examination the owner shall procure to be made within twenty days, and the inspector shall and may demand and receive from the owner or owners thereof, the same rate and prices as if the same had been passed. When any person shall think himself aggrieved by the judgment or want of skill in an inspector, in rejecting flour as unmerchantable; it shall be lawful for such person to apply to a justice of the peace, who shall at the charge of the complainant, issue a warrant directed to three indifferent persons, well skilled in the manufacture of flour, to view and examine the same; which said three persons having taken the same oath or affirmation, as by this act is herein after directed to be taken by every inspector of flour, shall carefully view and examine the same, and if they or any two of them shall pass and declare the same to be merchantable, in such case the inspector shall erase out the word "condemned," and put such brand on the said flour, as they or any two of them shall direct, and shall repay to the complainant his costs; but if on such review the judgment of the inspector shall be confirmed, in such case the owner of the flour shall pay the costs of such review; and the said inspector for his trouble, shall and may receive three cents for each cask by him received, in case his judgment shall be confirmed. It shall not be lawful for any person to export or lade on board of any ship or vessel for exportation out of this state, any cask of flour marked "condemned," by an inspector, or to export or lade on board of any ship or vessel for exportation, from any port or place within this state, any casks or barrels of flour not inspected or branded as aforesaid, on pain of forfeiting ten dollars for every cask or barrel exported or laden on board of any ship or vessel for exportation. | unmerchantable flour. But the proprietor may have it reviewed. Penalty for exporting condemned or uninspected flour. |
| SECT. 11. And whereas complaints have been made that evil disposed persons have packed flour and meal in old casks which have been branded agreeable to this act, by which means that valuable staple is often injured at foreign markets: Be it enacted, that if any person shall pack flour or meal of any kind whatsoever, in a cask which has been inspected and branded with the name of a miller, such person shall forfeit and pay twenty dollars for every barrel so falsely packed for sale, to be recovered | Penalty for packing flour, &c. in old casks which have been branded and marked. |
| by petition and summons in any county or corporation court, one half to the use of the informer, and the other half to the miller who has been injured by such false packing; and shall also be liable to the action of the party aggrieved. | |
| SECT. 12. Provided nevertheless, That where any mill for the manufacturing of flour shall be situated on navigable water, below the falls, it shall be lawful for the owner of such mill to require the inspector of flour, who resides the nearest thereto, to attend and inspect the flour, manufactured by him; and the inspector or his deputy is hereby required to inspect and brand all such flour, in the same manner as if such flour had been carried to the place at which he is inspector, and the proprietor may thereupon export the same in like manner, as if it had been inspected at any of the before-mentioned places. | When flour may be inspected at merchant mills. |
| SECT. 13. Every inspector of flour before he enters on the execution of his office shall make oath or affirmation "That he will without favour, affection, malice or partiality, carefully inspect all flour brought to him, and which he shall be required to examine; that no flour shall be passed or branded by him without his inspecting the same; that he will not brand, or cause to be branded, as passed, any cask or casks of flour, that do not appear to him to the best of his skill and judgment, to be sufficiently clean, well ground, sweet and merchantable; that he will mark on all casks of flour the degree thereof, according to the directions of this act, that he will carefully examine the casks in which flour brought for inspection shall be contained, and that he will not pass or brand any such casks, unless they be of such size, goodness and thickness as by this act required." | Oath of inspectors. |
| SECT. 14. No inspector of flour shall directly or indirectly purchase any flour by him condemned, or any other flour whatsoever, other than for his own use, under the penalty of seven dollars for every barrel by him purchased. | Not to purchase flour. |
| SECT. 15. If any person shall alter the mark stamped on any cask of flour by an inspector, or shall mark or brand any cask of flour which has not been inspected, with any mark or brand similar to, or in imitation of an inspector's mark or brand, or after an inspector shall have passed any cask of flour as merchantable, shall pack into such cask any other flour, or after any cask of flour shall | Penalty for altering the mark of flour; for marking uninspected flour. For packing other flour in casks marked. |
| be branded "condemned," shall unpack and repack the same in other casks for exportation, such person shall forfeit and pay the sum of seven dollars for every cask. | For packing condemned flour in other casks. |
| SECT. 16. If the quantity of flour which shall be brought to any of the above mentioned places for inspection, shall at any time be so great that the inspector cannot alone examine the same with sufficient dispatch; or if through sickness the inspector shall be incapable of discharging the duties of his office, on such occasions, it shall be lawful for him to appoint one or more persons of good repute, and good judges of the quality of flour, to assist him in the execution of his office. Such assistants having taken the oath or affirmation prescribed by this act to be taken by an inspector, shall be authorised to inspect and brand any flour in the same manner as the inspector may do. | When inspectors may appoint deputies. |
| SECT. 17. The courts of the several counties in which the before-mentioned places are situated, may at any time remove from office any inspector of flour for neglect of duty, malfeazance, or corrupt practices, and may supply the vacancy occasioned thereby, by appointing another inspector for the residue of the year. | How they may be displaced. |
| SECT. 18. The penalties and forfeitures imposed by this act may be recovered by the informer before a single magistrate, where the penalty does not exceed five dollars, and where they are over that sum, but do not exceed twenty dollars, the same shall be recovered by petition in the same manner as is by law directed in case of petitions for the like sum of money, and where the penalty incurred shall exceed the sum of twenty dollars, the prosecutor may sue for the same in the court of the county, or corporation, where the defendant resides, or where the offence was committed, one half of which said penalties and forfeitures shall accrue to the use of the informer, and the other half to the use of the Commonwealth, if not otherwise appropriated. The prosecutor may make oath before the justice of the peace, of the nature of the action, and that he verily believes the defendant hath incurred the penalty and forfeiture thereby demanded, which the clerk upon a certificate thereof to him produced, shall endorse upon the back of the writ, and thereupon the defendant shall be ruled to give special bail. | Penalties how recoverable. Defendants may be ruled to give special bail. |
| SECT. 19. All acts or parts of acts, coming within the purview of this act, shall be, and are hereby repealed. | Former acts repealed. |
| Provided always, that nothing in this act shall be construed to affect any rights, remedies, fines, forfeitures, penalties or amercements which have accrued, been vested, or incurred prior to the commencement of this act. | Proviso. | |
| SECT. 20. This act shall commence and be in force from and after the passing thereof. | ||
 CHAP. XX. | ||
| ||
| (Passed November the 24th, 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That from and after the passing of this act, it shall not be lawful for any sheriff, to sell any tract or parcel of land belonging to this Commonwealth, under the directions of an act, intituled, "An act authorising the executive to direct the sheriffs to sell certain lands the property of this Commonwealth," unless the same shall sell for the whole sum due to the Commonwealth, including the original cost and the expenses attending the sale thereof, and excluding the damages imposed by the act, intitled, "An act to remedy abuses in the manner of selling lands for the payment of public taxes." | Public lands not to be sold by the sheriffs unless the sales amount to the debts due to, and expences incurred by the public. | |
| SECT. 2. And be it further enacted, That the fees of the county surveyors, as well for having surveyed any tract or parcel of land, which under the last recited act has already become the property of the Commonwealth, and which have not been paid, as for making any future survey in pursuance of the said act, shall be paid out of the aggregate fund, and in no other manner. | Surveyors fees to be paid out of the aggregate fund. | |
| SECT. 3. And be it further enacted, That no sheriff or deputy sheriff, who hath been heretofore concerned in the sale of any of the above described lands, and no surveyor or deputy surveyor, shall become the purchasers of any such lands, either directly or indirectly; and if contrary to the intent and meaning of this act, any sheriff or surveyor, or the deputy or deputies of either, shall become purchasers thereof, or interfere in any manner in the sale | Certain sheriffs and surveyors prohibited from purchasing such lands, or interfering in the sales thereof, under certain penalties. |
| thereof, such purchase shall not only be null and void, but every such person and persons so offending, shall moreover forfeit and pay the sum of three hundred dollars; to be recovered by bill, plaint or information, in any court of record within this Commonwealth, one half to the use of the informer, and the other half to the use of the Commonwealth. | ||
| SECT. 4. Whensoever any lands as aforesaid, sold or to be sold, shall be redeemed or purchased, by the former proprietor, his or her agent or friend, acting in his or her behalf, such proprietor shall be exonerated from the payment of all costs, except those which have actually arisen upon the sale thereof, and in either case the release of the sheriff executed agreeably to the directions of the aforesaid first recited act, shall to all intents and purposes remit such former proprietor to, and reinstate him or her in their former estate in such land: And where such former sheriff shall have obtained a credit for any surveyor's fee as above mentioned, and shall not have had such survey actually made, in that case the proprietor or proprietors as aforesaid, shall have the like remedy and proceedings against such sheriff and his securities, or either of them, as if the same had been redeemed before so sold; any law to the contrary thereof, notwithstanding. | Conditions on which the former proprietors may redeem such
lands. Their remedy against the sheriffs for surveyors fees received, when no surveys have been made. | |
| SECT. 5. This act shall commence and be in force from and after the passing thereof. | ||
| CHAP. XXI. | ||
| ||
| (Passed December the 7th 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That the act, intituled, "An act providing a sinking fund for the gradual redemption of the public debt," shall be and the same is hereby repealed. | Act establishing sinking fund repealed. | |
| SECT. 2. This act shall commence and be in force from and after the passing thereof. |
| CHAP. XXII. | ||
| ||
| (Passed October the 13th, 1792.) | ||
| BE it enacted by the General Assembly, That so much of the act of Assembly passed in the year one thousand seven hundred and seventy-seven, intituled, "An act to prevent forestalling, regrating, engrossing, and public vendues," as prohibits the sale of goods, wares and merchandizes at public vendue, shall be, and the same is hereby repealed. | So much of a former act as prohibits sales of goods at vendue repealed. | |
| CHAP. XXIII. | ||
| ||
| (Passed December the 17th, 1792.) | ||
| SECT. 1. WHEREAS it is represented, that many persons previous to the erection of Kentucky into an independent state, have returned into the register's office of this state, plats and certificates of surveys of land, lying in the now district of Kentucky, and which cannot now be passed into grants, by reason of the erection of the said district into an independent state: For remedy whereof, | Preamble. | |
| SECT. 2. Be it enacted, That the register of the land-office shall, and he is hereby required, on application of the owners of such surveys, to deliver the same to him or his assigns; and the treasurer is also required to refund to the owners of such surveys, the sums of money or certificates paid by such owner or owners for the said grants, | Register to deliver certain surveys to the owners. |
| in order that they respectively be entitled to their locations in the state of Kentucky. | |
| CHAP. XXIV. An act authorising the general court to appoint a Clerk pro tempore. (Passed December the 17th, 1792.) | |
| SECT. 1. WHEREAS the office of clerk of the general court hath become vacant, and no appointment can be made of another clerk until the sitting of the next general court, whereby the public, as well as individuals, may sustain considerable injury: For remedy whereof, | Preamble. |
| SECT. 2. Be it enacted by the General Assembly, That it shall and may be lawful for any three judges of the general court, (the chief justice being one) and they are hereby authorised to appoint a clerk of the said court, who upon taking the oath required by law before any justice of the peace, shall continue in office until the end of the next session of Assembly, for which period the said court shall allow him a reasonable compensation for his services. | A clerk pro tempore to be appointed. |
| SECT. 3. This act shall commence and be in force, from and after the passing thereof. | |
| CHAP. XXV. An act remitting certain Militia Fines. (Passed December the 22d, 1792.) | |
| SECT. 1. BE it enacted by the General Assembly, That all militia fines imposed since the commencement of the act, intituled, "An act remitting certain militia fines, and for other purposes," shall be, and the same are hereby remitted, pursuing in all cases the same rules and regulations as are prescribed by the above recited act, and | Certain militia fines remitted. |
| one other act, intituled, "An act to amend and explain an act, intituled an act remitting certain militia fines, and for other purposes." Any thing in any law to the contrary notwithstanding. | ||
| SECT. 2. This act shall commence in force from and after the passing thereof. | ||
| CHAP. XXVI. | ||
| ||
| (Passed December the 22d, 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That the executive be, and they are hereby authorised and empowered, upon application to them made, to remit all damages accruing on any judgment which hath been or shall be obtained against any sheriff or collector of the public revenue, or their security or securities, their executors, administrators, or other legal representatives of them, or any of them, for taxes due prior to the first day of November, one thousand seven hundred and ninety-one, in all such cases as they shall think reasonable or just. Provided, That such sheriff or collector, or their security or securities, making application as aforesaid, shall pay the balance of the principal, interest and costs of such judgment, on or before the first day of July next, and shall produce to the executive a receipt or receipts from the auditor of public accounts, for the principal sum due on such judgment, together with the legal interest due thereon, and the costs. | The executive authorised to remit damages on judgments against sheriffs in certain cases an don certain conditions. | |
| SECT. 2. This act shall commence and be in force from and after the passing thereof. |
| CHAP. XXVII. | ||
| ||
| (Passed December the 26th, 1792.) | ||
| SECT. 1. WHEREAS it hath been represented, that in many of the counties in this Commonwealth, no person hath undertaken or would undertake the collection of the public taxes parable therein, so that the same still remain due and unpaid by the inhabitants thereof: For remedy whereof, | Preamble. | |
| SECT. 2. Be it enacted by the General Assembly, That the governor, with advice of the council, shall and he is hereby required to appoint and commission proper persons to collect the taxes of every county in this Commonwealth where no collector hath been appointed, and undertaken the same by giving bond and security; and the person or persons so commissioned, shall before he or they proceed to the collection of the public taxes, give the like bond and security as is directed in the case of sheriffs, either in the court of the county in which he resides, in the court of the county of which he is appointed collector, or before the executive. And the collector or collectors to be qualified under this act, shall receive the same commissions, and be liable to the same remedies, fines and penalties as sheriffs are subject to for a failure in the collecting, accounting for, and paying the public taxes. Every bond taken pursuant to this act, shall be as effectual to all intents and purposes, as those entered into by sheriffs for the collection of the public taxes. | The executive empowered to appoint collectors of taxes in certain counties, | |
| SECT. 3. And whereas no commissioners have been appointed in several counties, and from the neglect of commissioners in returning a list of the taxable property in several other counties, by reason whereof no collection of the public taxes have been or could be made: For remedy whereof, Be it further enacted, That the governor, with the advice of council, shall appoint three discreet and proper persons in each county, coming within the purview of this act, whose duty it shall be to enquire into and ascertain the taxable property in such county, (where | And commissioners to ascertain the taxable property. |
| the same hath not been done) on which arrears of taxes are still due; a copy of which return shall be delivered to the collector or collectors qualifying under this act, and one other copy transmitted to the auditor, from which list the collector shall proceed to collect the said taxes, and account for and pay the same. The commissioners appointed under this act, shall be liable to the same penalties, and be entitled to the same wages, as are prescribed for other commissioners, by an act, intituled, "An act prescribing the mode of ascertaining the taxable property within this Commonwealth, and of collecting the public revenue. | |
| SECT. 4. And be it further enacted, That if any commissioner appointed by the governor and council, pursuant to the act passed in the year one thousand seven hundred and seventy-seven, intituled, "An act for sequestering British property, enabling those indebted to British subjects to pay off such debts, and directing the proceedings in suits where such subjects are parties," have failed to render a fair account upon oath of his disbursements and receipts of the estate committed to his management, or failed to pay the balance due on any account by him rendered, every such commissioner, or the executors or administrators of such as be dead, shall by order and direction of the executive be sued in the name of the Commonwealth, for the recovery of any balance which may remain in his or their hands. | Suits to be commenced against delinquent commissioners of estates sequestered during the late war. |
| SECT. 5. And be it further enacted,
That the executive be, and they are hereby authorised and required to cause all legal ways and
means to be exerted without delay, for the speedy and effectual recovery of all debts and
balances of every denomination, due and owing to the Commonwealth, and make particular report of
the situation thereof to the next session of the General Assembly.
SECT. 6. This act shall commence and be in force from and after the passing thereof. |
Executive to take proper measures for the recovery of public debts; and make a report of their situation to the next assembly. |
| act concerning the erection of the district of Kentucky into an independent state" −− "An act against those who counterfeit letters or privy tokens to receive money or goods in other men's names" −− "An act against the embezzling of records" −− "An act concerning the benefit of clergy" −− "An act to provide against the appropriation of money by resolution of the two houses of assembly" −− "An act for the cession of ten miles square or any lesser quantity of territory within this state, to the United States in Congress assembled, for the permanent seat of the general government" −− "An act for the relief of creditors against fraudulent devisees" −− "An act concerning awards" −− "An act concerning the southern boundaries of this state" −− and, "An act for regulating the navigation of James river above the falls of the said river." | |
| SECT. 2. The said laws shall be published in
order, as they were enacted, and the day upon which they respectively passed, shall be prefixed
to each act.
SECT. 3. Where any of the laws of this Commonwealth express any sum or sums of money in pounds, shillings, and pence, the clerks of the several courts within this Commonwealth, in all process, entries, and orders respecting the same, shall reduce such sum or sums of money into dollars and cents; and where any quantity or quantities of tobacco shall be expressed in the said laws, the clerk shall in like manner, reduce the same into dollars and cents, at the rate of two dollars per hundred weight. |
To be published in order as enacted, and the day of passing
affixed. Sums of money and quantities of tobacco in the laws to be converted into dollars and cents in all process, entries, &c. |
| SECT. 4. And be it further enacted, That the executive shall cause a sufficient number of copies of the laws of this Commonwealth as revised and enacted by the present session of Assembly to be printed, with a complete index and marginal notes, ten copies of which shall be delivered to the executive department, four copies to the clerk of each house of assembly, and one copy to each member of the present General Assembly, to each of the judges of the superior courts, to every justice of the peace, and the clerk of every court within this Commonwealth; the cost of which shall be paid out of the contingent fund. Those copies which shall be delivered to the executive, to the clerks of the two houses of Assembly, to the clerks of courts, and to the judges of the superior courts, shall be well bound in calf skin, and the other copies shall be bound in boards. | Executive to cause the code to be printed, with an index and
marginal notes; how to be disposed of. How to be bound. |
| for reducing into one, the several acts of assembly for the inspection of tobacco" −− "An act to reduce into one, the several acts concerning the recovery of debts due to the public, and the sale of lands for judgments on behalf of the Commonwealth against public officers" −− "An act to reduce into one, the several acts concerning the county and other inferior courts of this Commonwealth" −− "An act repealing the act, intituled, an act providing a sinking fund for the gradual redemption of the public debt" −− "An act reducing into one, the several acts concerning the establishment, jurisdiction and powers of district courts" −− "An act to authorise the executive to remit damages in certain cases" −− "An act, reducing into one, the several acts concerning the high court of chancery" −− "An act for imposing a public tax for the year one thousand seven hundred and ninety-two" −− "An act, reducing into one, the several acts concerning the general court, and prescribing the manner of proceeding therein in certain cases" −− "An act, for reducing into one, the several acts concerning executions, and for the relief of insolvent debtors" −− "An act authorising the general court to appoint a clerk pro tempore" −− "An act concerning coin" −− "An act, reducing into one, the several acts concerning the fees of certain officers, and declaring the mode of discharging the said fees and county levies" −− "An act, reducing into one, the several acts for regulating the inspection of flour and bread" −− "An act for establishing a bank in the city of Richmond" −− "An act to provide more effectually for the collection of the public taxes in certain cases" −− and "An act declaring what remedy the Commonwealth shall have in certain cases." | |
| SECT. 3. This act shall commence and be in force from and after the passing thereof. | Commencement of this act. |
| CHAP. XXX. | ||
| ||
| (Passed October the 10th, 1792.) | ||
| SCET. 1. BE it enacted by the General Assembly, That for the purpose of choosing twenty-one electors on behalf of this state, to vote for a president and vice-president of the United States, the several counties in this Commonwealth shall be allotted into twenty-one districts, in manner following, to wit: The counties of Northampton, Accomack, and Princess Anne, shall compose one district; the counties of New-Kent, Henrico, Charles City, James City, York, Warwick, and Elizabeth City, shall compose another district; the counties of Hanover, Caroline, and Louisa, shall compose another district; the counties of Fluvanna, Albemarle, Amherst, and Goochland, shall compose another district; the counties of Orange, Culpeper, and Spotsylvania, shall compose another district; the counties of King and Queen, King William, Essex, Middlesex, Gloucester, and Mathews, shall compose another district; the counties of Norfolk, Nansemond, and Isle of Wight, shall compose another district; the counties of Sussex, Southampton, Surry, Prince George, and Greensville, shall compose another district; the counties of Brunswick, Dinwiddie, and Mecklenburg, shall compose another district; the counties of Amelia, Nottoway, Chesterfield, and Powhatan, shall compose another district; the counties of Prince Edward, Buckingham, Cumberland, and Lunenburg, shall compose another district; the counties of Halifax, Charlotte, and Pittsylvania, shall compose another district; the counties of Bedford, Campbell, Franklin, Henry, and Patrick, shall compose another district; the counties of Richmond, Northumberland, Lancaster, Westmoreland, and King George, shall compose another district; the counties of Prince William, Stafford, and Fairfax, shall compose another district; the counties of Fauquier, and Loudoun, shall compose another district; the counties of Frederick and Berkely, shall compose another district; the counties of Rockingham, Augusta, and Shenandoah, shall compose another district; the | Arrangement of the counties in districts. |
| counties of Bath, Botetourt, Rockbridge, Greenbrier, and Kanawha, shall compose another district; the counties of Hardy, Hampshire, Pendleton, Randolph, Harrison, Monongalia, and Ohio, shall compose another district; the counties of Wythe, Montgomery, Washington, and Russell, shall compose another district. | |
| SECT. 2. That the persons qualified by law to vote for members to the General Assembly, in each county composing a district, and in the cities and boroughs entitled to representation in the General Assembly, shall assemble at their respective courthouses, on the first Monday in November next, and on every first Monday in November, in every fourth year hereafter, and then and there vote for some discreet and proper person, being a freeholder, and bona fide resident in such district, to vote for a president and vice-president of the United States. | Who are to vote. Elections, when and where to be held; |
| SECT. 3. That the high sheriff of each county, or in case of sickness or inability to attend, one of the deputy sheriffs, and the mayor or serjeant of each corporation, being first duly sworn by a magistrate of the county or corporation to act impartially, and a certificate of the taking such oath, under the hand of the magistrate delivered to him, shall conduct the said election, at which no determination shall be had by view, but each person qualified to vote shall fairly and publicly poll, and the name of the voter shall be duly entered under the name of the person voted for, in proper poll books, to be provided by the officer conducting the election, for which purpose he shall appoint so many writers as he shall think fit, who shall respectively take an oath to be by him administered, or make solemn affirmation, that they will take the poll faithfully and impartially. He shall deliver a poll book to each writer, who shall enter in distinct columns, under the name of the person voted for, the name of each voter, voting for such person. Like proclamation and proceeding shall be had for continuing and closing the poll in each county and corporation of a district, as prescribed by law, in the election of members to the General Assembly; and proclamation shall also be made at the courthouse door of the person having the greatest number of votes on the poll at the closing thereof. | By whom How to be conducted. |
| SECT. 4. Each voter shall be entitled to the same privilege from arrests, and be subject to the like penalty and forfeiture for failing to attend, and vote at such election, | Voters to be privileged from arrests. |
| as prescribed by law in the election of members to the General Assembly; such failure to attend to be discovered and proceeded upon in like manner, and under the same penalties, as is by law prescribed against such failures in the election of members to the General Assembly. | |
| SECT. 5. Immediately after each election in a county or corporation, the clerk of the polls having first signed the same, and made oath to the truth thereof, a certificate of which oath, under the hand of a magistrate of the county, shall be subjoined to each poll, shall deliver the same to the sheriff or other officer, who conducted the election, and such sheriff or other officer, together with the respective sheriffs who conducted the poll of the several counties in the district, except in the case of the disability or sickness of such sheriff, then any other sheriff of the county in which such sickness or disability may happen, shall, on the Monday next after the said election, assemble at the courthouse of the county first named in such district, and then and there compare the polls respectively taken at the election in their several counties and corporations, and having ascertained by faithful addition and comparison of the numbers on the respective polls, the person having the greatest number of votes upon the whole, giving their own votes, in any case of the two foremost on such poll having an equal number of votes, shall proceed to certify such election under their hands and seals, in manner and form following, to wit: "We, A. B. sheriff of county, or deputy sheriff, (as the case may be) C. D. sheriff of county, and E. F. mayor or serjeant (as the case may be, of the city or borough of (and so on, reciting the name of the sheriff or other officer, whether principal or deputy, of each county, city, or borough in the district) composing one entire district entitled by law to appoint an elector to vote for a president and vice-president of the United States, do hereby certify and make known, that an election held on the first Monday of November, at the courthouses of our respective counties, cities, and boroughs, pursuant to law, the voters qualified to vote for an elector to choose a president and vice-president of the United States, caused to be chosen one person, to wit: G. H. to represent the said district, as an elector to vote for a president and vice-president of the United States. Given | Sheriffs to meet, compare the polls and certify
elections. Forms of the certificate. |
| "under our hands and seals, this day of one thousand seven hundred and ." | |
| SECT. 6. Two fair duplicates of such certificate and return shall be made by the said sheriffs and other officers, under their hands and seals, in the manner before recited, one of which shall be delivered to the person elected to represent the district, and the other shall be transmitted to the governor and council, within fifteen days, under the penalty of three hundred dollars, upon such sheriff or other officer holding such election, in case of failure herein; to be recovered by motion in any court of record by the attorney-general, to the use of the Commonwealth. And the governor and council shall thereupon advertise in the public gazette, the names of the persons so elected, who shall assemble in the city of Richmond on the first Wednesday in December next, and on every first Wednesday in the month of December in every fourth year thereafter, to vote for a president and vice-president of the United States. Each elector chosen pursuant to this act, and failing to attend and vote for a president and vice-president of the United States at the time and place herein directed, shall, except in cases of sickness or any other unavoidable accident, forfeit and pay six hundred dollars; to be recovered by the attorney-general, to the use of the Commonwealth, by action of debt, bill, plaint, or information, in any court of record. | Certificates to be transmitted to the governor, and duplicates
delivered to the electors. Names of electors to be published in the gazette. When and where they are to meet and vote. |
| SECT. 7. The said sheriffs and other officers shall, under the penalty of one hundred and fifty dollars, to be recovered on motion by the attorney-general, to the use of the commonwealth, in manner aforesaid, deliver to the clerks of the respective counties, cities, or boroughs, within ten days after making their returns as aforesaid, the original poll-books, to be by such clerks entered of record, under the like penalty for failure as for failing to record the poll-books taken at the election of members to the General Assembly, and recoverable in like manner. | Poll books to be delivered to the clerks of the courts to be recorded. |
| SECT. 8. Any sheriff, deputy sheriff, or other officer, refusing to take the poll, when he shall be required by a candidate or person qualified to vote for members to the General Assembly, or taking it in other manner than is herein before prescribed, or making or signing a false certificate or return of election as herein before directed, or making any erasure or alteration in the poll-books, or | Penalty on sheriffs for refusing to take the poll, or taking in other manner than herein directed, &c. |
| refusing to suffer any candidate or person qualified to vote, at his own expence, to take a copy of the poll-books, shall forfeit and pay three hundred dollars; which penalty by be recovered with costs, in action of debt, by any person who will sue for the same; one half to his own use, and the other half to the use of the Commonwealth. | |
| SECT. 9. Any candidate or other person in his behalf who shall directly or indirectly give or agree to give any voter or pretended voter, money, meat, drink, or other reward, in order to be elected, or for having been elected, shall forfeit and pay fifteen hundred dollars for each offence; to be recovered with costs, by action of debt, to the use of any person who will prosecute for the same. | On candidates for bribing voters. |
| SECT. 10. And be it further enacted, That the electors so appointed to choose a president and vice-president of the United States, shall be allowed for their travelling expences, seven cents per mile, and ferriages, and for their daily attendance, one dollar and sixty-seven cents, and be entitled to the same privileges from arrests as members to the General Assembly. The same allowance shall be made to the sheriffs and other officers for their travelling expences and attendance for comparing the polls. | Allowances to electors; privileged from arrests. |
| SECT. 11. And be it further enacted, That no person shall be allowed to vote more than once in the same year, for any elector to be chosen pursuant to this act. | No person to vote more than once for the same candidate. |
| SECT. 12. Every act coming within the purview of this act, is hereby repealed. | Repealing clause. |
| SECT. 13. This act shall commence and be in force from and after the passing thereof. | Commencement of this act. |
| CHAP. XXXI. An act granting a sum of Money for the Capitol. (Passed December 26, 1792.) | |
| SECT. 1. BE it enacted by the General Assembly, That the sum of eight hundred and eleven pounds six shillings and one penny half-penny, shall be paid to the directors | Money to be paid to the directors of the public. |
| of the public buildings, for the purpose of discharging the debts due by them; and the further sum of two thousand pounds, together with the debts due by Archibald Cary, deceased, and Moses Austin and Company, when collected by the said directors, for the purpose of finishing the inside to the capitol, and erecting steps and platforms, and the directors are hereby required to let the said work to the lowest bidder, upon such terms as shall be most beneficial to the Commonwealth, after giving notice thereof in the Public Gazette, at least one month previous to the time appointed for that purpose. | buildings; how to be applied. The work to be let to the lowest bidder. |
| SECT. 2. The auditor of public accounts, shall, upon orders from the executive, issue his warrants to the said directors of the public buildings, for the aforesaid sums of money, as the same shall become necessary. | Warrants when to be issued. |
| SECT. 3. This act shall commence in force from and after the passage thereof. | |
| CHAP. XXXII. An act to declare the time when certain Laws shall commence in force. (Passed December 8, 1792.) | |
| SECT. 1. BE it enacted by the General Assembly, That all and singular the acts and laws herein after recited, which have been enacted during the present session of the General Assembly, shall, and the same are hereby declared to commence and be in force from and after the passing of this act; that is to say: An act intituled, An act concerning a warrant issued to John Cox: An act, intituled, An act concerning Henry Stratton: An act, intituled, An act directing duplicates of a warrant and certificates to be issued to James Upshaw, junior, Christopher Robertson, and others: An act, intituled, An act authorising the sale of land in the county of Prince Edward, in certain cases: An act, intituled, An act concerning John Fleming, and others: And, an act, intituled, An act to repeal in part, An act, intituled, An | Certain acts to be in force from the passing thereof. |
| act to prevent forestalling, regrating, engrossing,and public vendues | ||
| SECT. 2. This act shall commence and be in force from and after the passing thereof. | ||
| CHAP. XXXIII. An act concerning the Seal of the High Court of Chancery. (Passed November 3, 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That it shall be lawful for the auditor of public accounts, and he is hereby directed to issue his warrant on the treasurer, in favor of George Wythe, judge of the high court of chancery, for the sum formerly appropriated for procuring a seal for the high court of chancery. the amount of the warrant, so to be issued, shall be paid out of any money in the treasury. | Money to be paid to the chancellor for a seal for the court of the chancery. | |
| SECT. 2. This act shall commence and be in force from and after the passing thereof. | ||
| CHAP. XXXIV. | ||
| ||
| (Passed November 24, 1792.) | ||
| SECT. 1. BE it enacted by the General Assembly, That the executive be and are hereby empowered to advance to the public printer, out of the public treasury, such sum or sums of money as they may deem necessary, to purchase a sufficient quantity of paper for printing the revised laws of this Commonwealth. | Money to be advanced to the public printer to procure paper for the revisal. |
| SECT. 2. This act shall commence in force from and after the passing thereof. | |
| CHAP. XXXV. An act for the relief of owners of Entries in the county of Henry. (Passed November 17, 1792.) | |
| SECT. 1. WHEREAS by an act passed in October one thousand seven hundred and eighty-nine, intituled, An act for supplying the loss of the entry book and field notes of the surveyor of the county of Henry, it is enacted that the executive appoint commissioners for taking depositions respecting the same, to be subject to the directions of a future Assembly. And whereas, in conformity to the said act, sundry depositions have been returned to the executive. | Preamble. |
| SECT. 2. Be it therefore enacted, That the surveyor of Henry and Patrick counties, after application by him made to the executive for the said depositions, which they are hereby requested to furnish him, shall forthwith record the same in the entry books of the counties in which the lands respectively lie, which shall be as valid as if the said entries or field notes had not been lost: And it shall be lawful for the surveyors of the said counties to survey the entries aforesaid, and return plats thereof to the register of the land-office, who is hereby authorized and required to receive the same, and issue grants therefor in the same manner, and under the like regulations as patents were issued on such entries, at the time of the loss of the said entry book. Provided, that the same be returned on or before the first day of September, any law to the contrary notwithstanding; and saving to the claimants of the said land, by prior title, the right of contesting the same. | Surveyors of Henry and Patrick to record certain depositions
respecting the loss of an entry book and field nots, and to survey the entries. Plats thereof, when to be returned. Rights of others saved. |
| SECT. 3. This act shall commence in force from and after the passing thereof. |
| Pages 479-517
| Pages 544-567
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