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seals of courts.

Transfers of sur

cates. Notarial seals.

wealth.

Ordinaries and

declaration in ejectment, or other process, instituting a suit in a superior court of law, seventy-five cents; for each subpæna in a superior court of chancery, seventy-five cents; for each writ of error, supersedeas and habeas corpus cum causa, filing record of appeal or appeals to a superior court of law or chancery, and for each writ of certiorari issuing from the general court, or superior court of law or chancery, one dollar and fifty cents; for each appeal from a superior court of law and chancery to the court of appeals, and for each supersedeas or writ of error issuing from the court of appeals, two dollars and fifty cents; for each writ, or declaration in eject

ment, or subpena instituting a suit in any county or corporation Certificates under court, fifty cents; for each certificate under the seal of any superior

or inferior court of law or chancery, (except such as are exempted

by law from taxation,) one dollar; for every transfer of a surveyor's veyor's certifi.

certificate in the register's office, one dollar and fifty cents; for every attestation, protestation, or other instrument of publication

by a notary public, under his seal of office, one dollar and twentySeal of common. five cents; for every certificate under the seal of the commonwealth,

two dollars.

3. There shall be levied, collected and paid, on the several licenses hereinafter mentioned, to be granted in the manner prescribed by

law, the following taxes, to wit: On every ordinary license, or license public houses.

to keep a house of public entertainment, a tax of not less than eighteen dollars; and if the yearly rent or annual value of such ordinary or house of public entertainment, (to be ascertained by the commissioner of the revenue in the manner prescribed by law,) shall exceed two hundred dollars, an additional tax, at the rate of

seven per centum on such excess of yearly rent or annual value; Houses of private on every license to keep a house of private entertainment, a tax of

not less than two dollars; and if the yearly rent or annual value of such house of private entertainment, (to be ascertained by the commissioner of the revenue in the manner prescribed by law,) shall exceed fifty dollars, an additional tax, at the rate of five per centum on such excess of yearly rent or annual value; on every license for selling goods, wares, merchandize, and other articles of foreign or domestic growth, production or manufacture, or both or either at

the same place, to a wholesale merchant, sixty dollars; and to a Vendue masters. retail merchant, twenty dollars; on every license to a 've Brokers ; venders ter, sixty dollars; on every license to a broker, sixty dollars; on of lottery tickets.

every license to sell foreign lottery tickets, and lottery tickets in lotteries authorized by the laws of this commonwealth, five hundred dollars; on every license to sell lottery tickets in such lotteries only

as are authorized by the laws of this commonwealth, sixty dollars; Hawkers and ped- on every license to a hawker or pedlar to sell or barter goods, wares,

merchandize, and other articles of foreign or domestic growth, production or manufacture, (except the article of clocks,) in each county or corporation where he or she shall sell or barter any of the aforesaid articles, twenty-five dollars; on every license to a hawker

or pedlar dealing in tin and pewter only, in each county or corpoClock pedlars.

ration where he or she shall trade, ten dollars; on every license to a hawker or pedlar dealing either wholly or partly in clocks, in every county or corporation where he or she shall trade, one hundred dollars; on every license to an exhibitor of a public show, thirty dollars, in each county or corporation where the same shall be exhibited.

entertainment.

Merchants.

mas

lars.

Exbibitors of shows.

4. Be it further enacted, That all clocks which shall be offered Where clocks to for sale by a hawker or pedlar shall be deemed to have been manu- manufactured. factured without the limits of this commonwealth, and be liable to taxation, unless the commissioner of the revenue or other revenue officer, within whose district such clocks shall be so offered for sale, shall be fully satisfied that the same were bona fide of the manufacture of this state.

5. This act shall commence and be in force from the passing Commoncement. thereof.

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CHAP. 2.-An ACT appropriating the public revenue.

(Passed March 29, 1837.) 1. Be it enacted by the general assembly, That the taxes and General fund. arrears of taxes due prior to the first day of October last, and not otherwise appropriated, and all other branches of revenue, and all public moneys not otherwise appropriated by law, which shall come into the public treasury prior to the first day of October next, and the surplus of all appropriations heretofore made, shall constitute a general fund, and be appropriated as follows, to wit : To the ex- Specific appropripenses of the general assembly, ninety-seven thousand dollars; to ations. the salaries and allowances of the officers of civil government, seventy-six thousand dollars; to the commissioners of the revenue, and clerks for examining commissioners' books, thirty-one thousand dollars; to defray criminal charges, including the expense of guarding jails, thirty-five thousand dollars; to pay the interest on three hundred and nineteen thousand dollars of the seven per cent. debt, and on two certificates of six per cent. debt, held by the literary fund, twenty-three thousand seven hundred and seventy-two dollars, thirty-four cents; to the sinking fund, for the redemption of the old certificates of six per cent. military debt, two hundred dollars; 10 pay one year's interest on two hundred and fifty thousand dollars, of five per cent. stock, created by the act passed on the twentieth of February, eighteen hundred and thirty-three, twelve thousand five hundred dollars; to contingent expenses of courts, including allowances to clerks, attorneys, sheriffs, and jailors, twenty-six thousand dollars ; to the payment of pensions allowed by law, two thousand three hundred dollars; as a civil contingent fund, ten thousand dollars ; to militia establishment, including services of clerks of courts of enquiry, adjutants, sergeant majors, provosts martial and expresses, and for the purchase of colours, horns, drums, fifes, and the pay of musicians, where the fines of the regiment are insufficient, and also including the pay of adjutant general, twelve thousand dollars; to the internal charges of the penitentiary house, four thousand five hundred dollars; to the penitentiary officers' salaries, eight thousand and eighty dollars; to the transportation of convicts to the penitentiary, six thousand dollars; to the public guard in the city of Richmond, twenty thousand dollars; for slaves executed and transported, ten thousand dollars; to expense of representation to congress and state senate, six hundred dollars ; to public warehouses, including the pay of superintendents and repairs, one thousand dollars; to civil prosecutions, including clerks', sheriffs' and marshals' fees, two hundred dollars; to the expenses of the guard at the Lexington arsenal, and for the payment of any balance which may be due on account of building the hospital attached to the same, six thousand dollars; for the collection and

transportation of arms, three hundred dollars ; as a military contingent fund, including claims for services during the last war, seven hundred and fifty dollars; for the support of the Western lunatic hospital, a sum equal to the balance remaining after deducting the value of the clothing furnished the said hospital at the penitentiary during the year ending the thirtieth of September last, from the sum of nine thousand dollars ; for the support of the lunatic hospital at Williamsburg, a sum equal to the balance remaining after deducting the value of the clothing furnished the said hospital at the penitentiary during the year ending the thirtieth of September last, from the sum of fifteen thousand dollars ; to the manufactory of arms, for rent of water from the James river company, twelve hundred and eighty dollars; for the transportation and maintenance of lunatics confined in the county jails, six thousand dollars; for reports of decisions in the court of appeals and general court, five thousand dollars ; for the payment of artificers at the armory,

three thousand dollars; to the vaccine agent, five hundred dollars; for the construction of public roads, six thousand dollars; appropriation, remaining unexpended on the first of October last, for a geological survey of the state, four thousand two hundred dollars ; to E. C. Howard, as temporary clerk to the committee of schools and colleges, forty-five dollars; for the payment of Anderson Barrett, for making presses for the committee room of the senate, eightyseven dollars and seventy-nine cents; to the temporary clerk of the committee appointed to enquire into the prevalence of the small pox in the city of Richmond, ten dollars ; to the temporary clerk employed by the select committee on banks, two hundred dollars; to William Hutchison, for summoning witnesses in judge Duncan's case, one hundred and sixty-nine dollars and twenty-five cents; to Samuel J. Winston, sergeant-at-arms to the house of delegates, for summoning thirty-two witnesses to attend upon the select committee to enquire into the prevalence of the small pox in the city of

Richmond, ten dollars and ten cents. Part of surplus on deposite 'appropri

2. Be it further enacted, That so much of the profits or princiated to meet defi-pal of the surplus fund, on deposite in the treasury of this commonciency.

wealth, as shall be requisite to supply any deficiency in the receipts of the present fiscal year, shall be subject to the warrants of the auditor of public accounts, to defray the legal and necessary expenses of the commonwealth.

3. Be it further enacted, That so much of the public, and all fraying expenses other moneys, not otherwise appropriated by law, as may be re

ceived into the public treasury after the thirtieth day of September next, and the surplus of all other appropriations heretofore made, shall constitute a general fund to defray such expenses authorized by law as are not herein particularly provided for, and to defray the current and other expenses of the commonwealth in the fiscal year, which will commence on the first day of October next, and terminate on the thirtieth day of September, one thousand eight hundred and thirty-eight; and the auditor of public accounts is hereby authorized and required to issue his warrants in the same manner as if the sums had been specifically mentioned, subject to such exceptions, limitations and conditions as the general assembly may prescribe by law: Provided, That nothing in this act contained shall be so construed as to authorize the auditor of public accounts to issue a warrant or warrants in satisfaction of any judg

Provision for de.

of fiscal

Proviso.

ment of any court of law or equity against the commonwealth, without a special appropriation by law.

4. This act shall be in force from and after the passing thereof. Commencement.

CHAP. 3.–An ACT declaring the willingness of the state of Virginia to accept the deposite of its proportion of the moneys that by the 13th section of the act of congress, entitled, “ an act to regulate the deposites of the public money," approved the 23rd of June, 1836, are to be deposited with the several states, and authorizing the treasurer of the commonwealth to receive the

same.

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ted States accep

(Passed December 20, 1836.) Whereas, by the thirteenth section of the act of congress of the Preamble. United States, entitled, "an act to regulate the deposites of the public money," approved the twenty-third of June, eighteen hundred and thirty-six, it is enacted, “that the money which shall be in the treasury of the United States on the first day of January, eighteen hundred and thirty-seven, reserving the sum of five millions of dollars, shall be deposited with the several states," under the provisions and on the terms therein contained; and while the general assembly regards any system of taxation by the federal government producing more revenue than is necessary for the wants of the government economically administered, as impolitic and unjust; and denies the right of the congress of the United States to raise revenue for the purpose of deposite or distribution amongst the states : Nevertheless, believing the surplus money in the treasury to have arisen under extraordinary circumstances, not likely to continue, and considering the provisions of the said act, to be a temporary expedient to relieve a redundant treasury, and being willing in good faith, under such circumstances, to receive the proportion of said surplus proposed to be deposited with the state of Virginia : Therefore,

1. Be it enacted by the general assembly of Virginia, That the Moneys on depotreasurer of the commonwealth, for the time being, be, and he is site from the Uni hereby appointed and authorized to receive, on the terms recited ted. in the thirteenth section of the act of congress, entitled, “an act to regulate the deposites of the public money," approved the twentythird of June, eighteen hundred and thirty-six, the proportion of moneys thereby directed to be deposited with the several states, that according to the provisions of that section may, can, or ought to be deposited with this state.

And the said treasurer is hereby Duty of treasurer. fully empowered and authorized, as any sum or sums may from time to time be delivered to him by the secretary of the treasury of the United States, for or on account of said proportion, liable as aforesaid to be deposited with this state, to sign and deliver to the said secretary of the treasury such certificate or certificates of deposite there for, as are prescribed by or may be required under and by virtue of the provisions of the said recited section, and to do and perform, upon the faith and responsibility of this state, any act necessary to entitle him, as the authorized functionary of the state, to have deposited with the state that proportion of the surplus aforesaid, that, by the provisions of the said section, may, can, or ought to be deposited with this state.

2. And be it further enacted, That all moneys deposited with, Monoys to be paid or received by the treasurer under the authority hereby given, shall be paid into the public treasury of this state, and deposited as public moneys belonging to the commonwealth are by law directed to be

into treasury.

Liability of trea- paid and deposited; and the treasurer shall, and he is hereby declared

to be officially liable, and his sureties responsible therefor, in like manner as for other moneys paid into the public treasury.

3. This act shall be in force from the passing thereof.

Commencement.

Clerks to deliver

Chap. 4.-An ACT to amend the revenue laws.

(Passed March 16, 1837.) 1. Be it enacted by the general assembly, That the clerks of the lists of decrees of circuit superior courts of law and chancery shall, on or before the viscs of realty to first day of February, annually, deliver to the commissioner or comcommissioners.

missioners of the revenue, within their respective counties and corporations, lists of all decrees of partition, and of all devises of real property recorded in such courts within the year next preceding; which said lists shall contain correct descriptions of such property,

including the true quantity and situation thereof, as far as the same Lands to be enter- can be ascertained. The commissioners of the revenue shall enter ed by con

all lands or lots so divided or devised, on their respective land books,

and assess the value thereof in the mode now prescribed by law. Commencement. 2. This act shall be in force from and after the passing thereof.

sioners and assessed.

Chap. 5.–An ACT providing for the punctual payment of the interest upon

state loans.

(Passed March 30, 1837.) Payment of inte.

1. Be it enacted by the general assembly, That if the revenue rest on state loans of the fund for internal improvement, after providing for the existprovided for.

ing charges and appropriations thereon, shall at any time be insufficient to pay the interest, as it shall become due, on the various loans authorized at the present session of the general assembly, for the purposes of internal improvement, such deficiency shall be paid out of the interest which may accrue from the state's proportion of the surplus revenue of the United States, which is, or shall be, on deposite, to the credit of the commonwealth, in the Bank of Virginia and Farmers Bank of Virginia, if sufficient; but if not, then out of any money in the treasury not otherwise appropriated; and upon the receipt of the order or orders of the board of public works, certifying the fact of such deficiency, the auditor of public accounts is hereby required to issue his warrant or warrants accordingly, to be applied by them towards the payment of the interest aforesaid, on the warrants of the second auditor.

2. This act shall be in force from its passage.

Commencement.

CHAP. 6.-An ACT concerning the investment of the dividends accruing to

the state from public improvements, or joint stock companies, in certain

cases.

bo invested.

(Passed February 27, 1837.) Surplus derived 1. Be it enacted by the general assembly, That the board of pubcompanies, how to lic works be and they are hereby authorized and empowered to in

vest, in any certificates of debt of the state or other public stock, the surplus of the dividends and other income which has accrued, or shall accrue, to the state from public improvements or joint stock companies, and which is, or shall be, pledged by law for the redemption of the several loans authorized.

2. This act shall be in force from and after the passing thereof.

Commoncement.

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