where proper value payable to owner. cing such appraisement, and certificate, the audiditor of public accounts is hereby authorised and required, to issue a warrant for the amount of the appraisement, on the treasurer, who is directed to pay the same out of any monies in the treasury. Should the property impressed as aforesaid, be res- Remedy tored to the owner, and he should conceive it had ty is restoredbeen injured in the service of the Commonwealth, but injured. he may, within five days thereafter, call on the same second valupersons who first valued the said property, if to be ation. found, who shall be sworn to determine the value of such property at the time the same was restored to the owner; otherwise, any justice in the county where the property was impressed, may cause two house-keepers to value the same upon oath, as aforesaid. The justice or justices, as the case may be, Certificate shall certify to the auditor of public accounts, such thereof, first and second valuation, with their true date, and the time such property has been restored; who Difference of shall, if the second valuation amount to a less sum than the first, issue a warrant for the difference, to be paid out of any money in the treasury: Provi- Proviso, as to ded, nevertheless, That in all second valuations, the hire of the hire of such property shall be taken into consideration by the appraisers. If it shall appear that such Damages reproperty has been injured by the officer or person the commonwho impressed it, or any other person, whereby the wealth, Commonwealth has sustained an injury, it shall and who did the may be lawful for any attorney, prosecuting on be- how. half of this Commonwealth, where such person reşides, to recover the said damages, upon motion, before any court of record within the Commonwealth, ten days notice thereof having been previously giv. en; but such person may, if required, have such mo- Trial by jury tion tried by a jury, provided he will not delay the trial.(b) Should the property impressed as afore- Compensati'said, be restored to the owner without having been for use of 'injured in the service of the Commonwealth, the property, owner shall be entitled to demand and receive ed uninjured. compensation for the use thereof, which compen (b) 1806, c. 16, § 1, 2—Edi. 1808, c. 95, § 1, 2, property. coverable by against him injury; and in such case. on allowed when return Compensati ries to real cupied by ascertained. pointed to as age done. 'sation shall be in like manner ascertained, certi'fied and paid, as is herein-above provided, in case of injury done to impressed property in the public 'service.' 3. Whenever the fields, woods or other real proon for inju- perty of any person shall be injured, in consequence property, oc- of the occupation thereof by the militia, or other troops in state troops, in actual service of this State, such person service; how shall receive a reasonable compensation for the inPersons ap- jury, to be ascertained as follows: one discreet persess the dam son, being a freeholder, shall be appointed on the part of the Commonwealth, by the commanding officer of the corps, or on his failure to do so, by the quarter-master general, or some other officer authorised by him; and one other discreet person, being a freeholder, in no manner interested in the question, to be submitted to him, and in no wise connected with the person appointing him, shall be chosen by the person whose property is injured. The two persons so chosen shall appoint a third freeholder, in like manner disinterested and unconnected. The persons so chosen shall take an oath, faithfully and impartially to discharge their duty, which shall be certified to the following effect, that is to say: County, to wit: Oath to be ta- I, A. B. justice of the peace for ken. Their duty. county, do hereby certify, that C. D., E. F., and G. H., the persons chosen to assess the damages sustained by J. K., in consequence of the occupation of his real property in the county of viz: (here insert the description of the property,) by troops in the service of the State of Virginia, under the command of have this day made oath before me, that they will well and truly, and without partiality, according to the best of their skill and judgment, assess the damages sustained by the said J. K., in consequence of such occupation. Given under hand, this day of my A. B. The persons thus chosen and qualified, shall go upon the property so alledged to be injured, and upon their own view, and upon such other evidence as may be offered them, shall ascertain as nearly as they can, the damage really sustained, and grant a certificate thereof, to the following effect: We C. D., E. F., and G. H., chosen on behalf of Certificate by the Commonwealth, and on behalf of J. K., to assess them. the damages sustained by the said J. K., in consequence of the occupation of his real property, in the county of viz: (here insert a description of the property,) by certain troops in the service of the State of Virginia, commanded by do hereby certify, that after being duly sworn, as will appear by the annexed certificate, we went on the property aforesaid, and after viewing the same, have ascertained the damage really sustained by the said J. K., to be according to the best of our skill and judgment Given under our hands, this day of C. D. E. F. G. H. case they do not agree. If the persons so chosen should not be able to a- Provision, in gree, others be chosen in the same way. Any may certificate granted, as aforesaid, accompanied by the Sum assessed certificate of the oath aforesaid, and certificates of how payable. the proper appointment of the persons in pursuance of this act, shall entitle the person, in whose favor it is granted, to receive the amount thereby ascertained, out of any money appropriated to military purposes, to be paid in the manner in which the Executive shall direct.(c) use of troops vice. 4. Any officer, having the command of any Impresses aucorps or detachment of militia, or other troops, in thorised, for the actual service of the State, when he shall be in actual serunable to procure for them supplies of transportation, fuel, forage, rations, camp equipage or artillery horses, by contract, or by other means provided by law, shall be authorised to impress, for the use of such corps or detachment, so much transportation, fuel, forage, rations, or camp equipage, and so (c) 1814, c. 5. § 27. Provision in er not satis certificate. many horses for temporary service in the artillery, as may be indispensible for the use of the said Certificate by Corps; and to grant a certificate thereof, and of the officer im the value to the person to whom it may be belong, pressing. or his agent. And if such person shall be dissafavor of own- tisfied with the value so certified, and refuse to acfied with such cept the certificate, he may cause the value thereof to be ascertained, in the manner provided in the preceding section for the assessment of damage to real property. And the certificate so obtained, either from the commanding officer, or from the persons so chosen, shall be paid in the manner Proviso, as to above prescribed: Provided, That in ascertaining hire of and in the value of any waggons and teams, and other articles so im- things, impressed for transportation, and of artillery horses impressed for temporary service, not only their value, but their reasonable hire per day, shall also be ascertained; and if they are returned to the owner, such reasonable hire only for the time that they are detained from him, together with a reasonable compensation for any injury done them, to be ascertained in like manner, shall be paid to him.(d) jury done to pressed. Horses for use of expresses, in time of war, &c. by whom and pressed. 5. Any person authorised to send expresses to the Executive, or militia, in time of war, invasion or insurrection, or when there shall be imminent how to be im danger of invasion or insurrection, shall be authorised, when horses cannot otherwise be procured therefor, to impress, and by written authority under his hand, to empower the express employed by him, to impress, so many as may be essentially necessary; the value and hire of which shall be ascertained, and paid for, in the manner above provided in cases of other impressed horses. Any law authorising the impressment of the means of transportation, or of camp equipage, in any other manner than is hereby provided for, shall be, and the same is hereby, repealed. (e) Repealing clause. Farther repeal. 6. All and every act and acts, clause and clauses of acts, containing any thing within the purview of (d) 1814, c. 5. § 28. this act, shall be, and the same are hereby repealed: 7. This act shall commence in force from and Commenceafter the first day of January eighteen hundred and ment. twenty. AN ACT To amend an act to reduce into one all acts and parts of acts for regulating the Militia of this Commonwealth. [Passed February 22, 1820.] clerks of re gimental claims upon 1. Be it enacted by the General Assembly, That, Penalty on if any clerk of a regimental court of enquiry within this Commonwealth, shall hereafter fail, within six- courts of enquiry failing ty days after the adjournment of such court, to to send auditransmit to the auditor of public accounts a list of tor lists of all claims allowed upon the militia fine fund; or, militia fine if there be no such claim allowed, to certify that fund, &c. fact; or, shall fail to return to the auditor of public accounts, within the time prescribed by law, the sheriff's or collector's receipt for each list of militia fines put into his hands for collection, together with a copy of such list; or, if there be no such list put into the sheriff's or collector's hands in any year, to certify that fact to the auditor, on or before the first day of September in such year; such clerk shall, for every such failure, forfeit and How recoverpay one hundred dollars, to be recovered on motion of the auditor, in the general court, upon reasonable notice. The fine hereby imposed for failure to return any list of fines, shall be in lieu of the fine heretofore imposed by law; and it shall not here- Auditor not G able. to certify to |