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remain injoined, the court wherein the injunction shall be depending may, if it appear to them just, direct that no such damages shall be paid by the complainant, or such proportion, as according to equity, they deem expedient; and the clerk of the court where the judgment was rendered, or the court by whom execution shall be awarded, shall govern themselves accordingly.

5. And be it further enacted, That upon all judgments rendered Interest to be alby the courts of common law, in actions founded on contracts, in- judgments. terest shall be awarded on the principal sum or damages recovered, and costs, until such judgment shall be satisfied.

6. And be it enacted, That hereafter the chancery court for the Staunton chancery district of Staunton, shall be holden on the tenth day of July, instead of the first, unless that day be on Sunday; in such case, it shall be holden on the succeeding day.

7. This act shall commence and be in force from and after the commencement. first day of May next.

district court day altered.

Chap. 117.-An ACT to amend the act, intituled, “ An act to amend the penal laws of this commonwealth, and for other purposes."

(Passed February 1, 1804.) 1. Be it enacted by the general assembly, That the term of con- Term of confine: finement in the penitentiary of every free person convicted of rob-ment in the peni; bery, burglary or horse stealing, or as accessary thereto, shall be not crimes. less than five years, nor more than ten years; and of every such person convicted of arson, or as accessary thereto, shall be not less than ten years, nor more than twenty-one years.

2. So much of the act, entituled, An act to amend the penal Repealing clause. laws of this commonwealth," as directs an account to be kept between the public and each convict in the penitentiary, shall be, and the same is hereby repealed; but it shall be hereafter in the discretion of the inspectors, on the discharge of any prisoner, to make him an allowance not exceeding thirty dollars, if, in their judgment, such prisoner shall have been industrious, and conducted himself in an orderly manner.

3. The trial of prisoners escaping from the penitentiary, shall in prisoners escaping future be had for such escape, before the district court holden in where to be triod. the city of Richmond; and prisoners so escaping shall remain in the penitentiary and be treated as other convicts, after their apprehension, until such trial shall take place; upon which trials, the Record of former copies of the records transmitted to the keeper of the penitentiary relative to the former trials of such prisoners, shall be produced and filed of record in the said district court.

4. All free persons accused of petit larceny shall be tried in the Petit larceny to be court of that county wherein such offence was committed, in the punished by manner prescribed by the act, intituled, " An act to amend the se- ment at the discre

tion of the jury. veral laws concerning the penitentiary;" and upon conviction of an offender, he or she shall be punished by stripes on his or her bare back, not less than ten, nor more than forty, for any one offence, or by confinement in the penitentiary house for a term rot less than eighteen months, at the discretion of the jury before whom such person shall be tried.

5. The inspectors of the penitentiary, the governor and council, Board constituted and the attorney general, shall constitute a board with full power ment of the peni. to make such regulations for the internal government of the peni- tentiary. tentiary, as may to them from time to time appear expedient, to

conviction to be filed.

which regulations the keeper and all the officers shall strictly conform.

6. This act shall commence and be in force from and after the first day of April next.

Commencement.

Bank established.

Chap. 118.–An ACT for incorporating the Bank of Virginia.

(Passed January 30, 1804.) 1. Be it enacted by the general assembly, That a Bank of Vir

ginia shall be established at Richmond, the capital stock whereof Capital. shall not exceed one million five hundred thousand dollars, and

shall be divided into shares of one hundred dollars each; and the subscriptions towards constituting the said stock, shall, on the first Monday in May next, be opened at Richmond for three thousand seven hundred and fifty shares; at Norfolk for three thousand shares; at Petersburg for two thousand two hundred and fifty shares; at Fredericksburg for fifteen hundred shares; at Winchester for five hundred and twenty-five shares; at Staunton for four

hundred and fifty shares; and at Lynchburg for five hundred and Commissioners twenty-five shares; under the superintendance of Edward Carringappointed to roceive subscrip

ton, Joseph Gallego, Robert Pollard, George Jefferson, Philip N. tions.

Nicholas, John Brockenbrough, Thomas Rutherford, Benjamin Hatcher and James T. Leitch at Richmond; of Littleton W. Tazewell, Thos. H. Parker, Richard Blow, George M'Intosh, Theodorick Armistead, Richard E. Lee, William Bennett, John E. Holt and Solomon Bedinger at Norfolk; of Robert Birchett, Robert Colquhoun, Ebenezer Stoit, Archibald Thweatt, Paul Nash, John Bell and John Wilder at Petersburg; of Robert Patton, George French, Stephen Winchester, Alexander Duncan, T'homas Goodwin, John Mundell and William S. Stone at Fredericksburg; of Hugh Holmes, Edward Smith, Robert Mackey, Adam Douglass, William Davidson, John Ambler, Archibald M'Gill and John Milton at Winchester; of John Wayt, Alexander St. Clair, John Fackler, Samuel Blackburn, John Coalter, John M’Dowel, Jacob Swoope and Jacob Kinney at Staunton; of James Steptoe, William Brown, Thomas Higginbotham, Samuel Irvine, William Warwick, Joel Yancey, James Stuart and Thomas S. M'Cleland at Lynchburg; and a majority of the said commissioners at the places above mentioned respectively, shall be sufficient to perform the duties of their appointment; and they shall keep the subscription open at least for the term of ten days, and if not compleated at the expiration of that term, then they shall keep the same open until the number of shares at the places above mentioned respectively, shall be subscribed for, and no longer; but if the subscription shall be filled at any time before the expiration of the said term of ten days, then, and immediately after the same shall be so filled, no person or copartnership or body politic, shall, during the remainder of the term aforesaid, be permitted to subscribe for more than two shares.

2. And be it further enacted, That all the subscriptions and ing exclusively on the shares obtained in consequence thereof, shall be deemed and

.
held to be for the sole and exclusive use and benefit of the persons,
copartnerships or bodies politic, respectively subscribing, or in
whose behalf the subscriptions respectively shall be declared to be
made at the time of making the same; and all bargains, contracts,
promises and engagements, in any wise contravening this provision
shall be void ; and the persons, copartnerships or bodies politic, re-

Persons subscrib

fit of shares.

rated.

spectively so subscribing, or for whose use the subscriptions shall be
declared, to be made as aforesaid, shall have, enjoy and receive the
share or shares respectively obtained in consequence thereof, and
all the interest and emoluments thence arising, as freely, fully and
absolutely, as if they had respectively paid the consideration there.
for; any such bargains, contracts, promises or engagements to the
contrary notwithstanding: Provided however, That no subscrip- Proviso.
tion shall be received in Richmond during the ten first days ap-
pointed for receiving the same, except in the name of some per-
son or persons residing in the said city, or in some part of the state
other than the cities and towns herein before mentioned as places
for opening subscriptions; and so with respect to Norfolk, Peters-
burg, Fredericksburg, Winchester, Staunton and Lynchburg; there-
by rendering the inhabitants of all the said towns, unable for the
first ten days to subscribe in any town, except that in which they
may reside, or to have subscriptions made in their names or for
their use.

3. And be it further enacted, That the subscribers to the said Company incorpo bank, their successors and assigns, shall be, and are hereby created and made a corporation and body politic in law and in fact, by the name and style of “ The President, Directors and Company of the Bank of Virginia," and shall so continue until the first day of May, one thousand eight hundred and eighteen, and no longer; and by the name and style aforesaid, they shall be, and are hereby made able and capable in law, to have, purchase, receive, possess, enjoy and retain to themselves and their successors, lands, rents, .tenements, hereditaments, goods, chattels and effects, to an amount not exceeding in the whole three millions five hundred thousand dollars, including the amount of the capital stock aforesaid; and the same to sell, grant, demise, alien or dispose of; to sue and be sued, implead and be impleaded, answer and be answered, defend and be defended in courts of record, or any other place whatsoever; and also to make, have and use a common seal, and the same to break, alter and renew at their pleasure; and also to ordain, establish and put in execution such bye-laws, ordinances and regulations as shall seem necessary and convenient for the government of the said corporation, not being contrary to the laws of this state, or of the United States; and for the making whereof, general meetings of the stockholders may be called by the directors, in the manner hereinafter specified, and generally to do and execute all acts, matters and things which a corporation or body politic in law, may or can lawfully do and execute, subject to the rules, regulations, restrictions, limitations and provisions hereinafter prescribed and declared.

4. And be it further enacted, That it shall be lawful for any Regulations to be person, copartnership or body politic, in person or by attorney, to taining subscripsubscribe for a share or number of shares not exceeding thirty, in any one day, except in the case before provided for; and except also, as shall be hereinafter directed, relatively to the commonwealth of Virginia; but in case the amount of subscriptions at any of the places before mentioned shall exceed the number of shares there allowed to be subscribed, the excess thus created, shall be reduced within the number of shares authorized to be subscribed at such places respectively, in manner following, that is to say: from the subscription and subscriptions highest in amount, the proper

tions.

Proviso.

commissioners shall subtract a share or shares until the same shall be made equal to the subscription or subscriptions next highest in amount; and as often as the case shall require, they shall so proceed to subtract a share or shares from the subscription or subscriptions remaining from time to time, highest in amount, until the aggregate of all the subscriptions be reduced to the nuinber of shares authorized to be subscribed at the places before mentioned respectively; and if by and after the operation of such subtraction (as often as the same shall be necessarily made and repeated as aforesaid) a greater number of shares may be allowed to one or more of the subscribers than to the rest, or if the number of shares shall eventually be greater than the number of shares authorized at the places before mentioned respectively, so that at least one share cannot be allowed to each and every subscriber, then, and in either of the before mentioned cases, the commissioners shall ascertain by lot, in whom the greater number of shares or the right of subscribing for and retaining one share, (as the case may be) shall be vested, and the person and persons in whose favor the lot may thereupon fall, shall be deemed to all intents and purposes, the lawful subscriber and subscribers, for such share and shares respectively; and the amount of the share or shares subscribed for, (ex. cept in the case of the commonwealth) shall be paid by the several and respective subscribers in gold or silver-one fourth thereof at the time of subscribing; one fourth within sixty days after the bank shall go into operation; one fourth within one hundred and twenty days; and one fourth in six months, to the bank directors for the time being: Provided always, That it shall be lawful for any subscriber to pay the whole of his subscription money, or any greater part than is hereby required, before the time above limited for the payment of the same; and each and every subscriber so paying in advance, shall have a discount at the rate of six per cen

tum per annum, on such advance. Directors to be 5. And be it further enacted, That for the well ordering of the chosen at annual affairs of the said corporation, there shall be fourteen directors, betreasurer of state ing citizens of this state, elected yearly by the stockholders, at a

general meeting to be held annually at Richmond, on the first Monday in January for that purpose; in which election the treasurer on behalf of the state shall have a vote or votes equal to the greatest number of votes which shall be given at the said election on any three thousand shares, held by the greatest number of stockholders; and moreover, the treasurer of the state for the time being, shall be one er oficio. At the same time and place there shall be chosen, under the same rules and regulations, thirteen directors for Norfolk; and the like number in like manner shall be chosen for Petersburg; and also the like number in like manner for Fredericksburg. And the directors at the several places aforesaid at their first meeting after each election, shall choose one of their number as a president: Provided, That the first election of directors shall not be included in the before mentioned general regula

tion; but shall be held at the time and in the manner hereinafter Proviso. directed: And provided, That in case it should at any time hap

pen that an election of directors should not be made upon any day, when pursuant to this act it ought to have been made, the said corporation shall not for that cause be deemed to be dissolved, but it shall be lawful on any other day within ten days thereafter, to hold and

to act as one ex officio.

mond,

make an election of directors, in such manner as shall have been regulated by the laws and ordinances of the said corporation; and that in case of the death, resignation or absence from the state of a director, his place shall be lilied up by a new choice for the remainder of the year, by a majority of directors, at the place where such vacancy shall happen : Provided, That every person voting further proviso. for directors at any election, shall, previous to giving his vote, make oath, or solemnly affirm, that the share or shares in right whereof he offers to vote, is or are, really and bona fide his own property, and not held in trust or for the use, benefit or emolument of any other person or persons, nor in pursuance of any contrivance or design to obtain for himself, or for any other person or persons, a greater number of votes than he or they are fairly entitled to, according to his or their true interest in the bank, in conformity with the proportions of voting on shares as established by this act. And where any person offers to vote as a proxy, an affidavit to the same effect, of the person whom he represents, shall be sufficient; to take any such oath or affirmation falsely shall be perjury.

6. And be it further enacted, That on the first day of June next, List of subscribers and every thirty days thereafter, if the subscription shall not be to be returned to sooner closed, the commissioners appointed at Norfolk, Petersburg, pointed for RichFredericksburg, Winchester, Staunion and Lynchburg, shall respectively transmit and deliver to the commissioners appointed in and for the city of Richmond, a list of the several subscribers at such places respectively, and of the share or shares to each and every subscriber belonging, together with the full amount of subscription money by the commissioners respectively received as aforesaid; for which amount the receipt in writing of the said commissioners, appointed in and for the city of Richmond, or of a majority of them, shall be a sufficient acquittance and discharge to the persons respectively paying the same. And as soon as the sum of three When the operahundred thousand dollars, in the manner aforesaid, shall be actually tion of the bank received on account of the subscription to the said capital stock of the said bank, notice thereof shall be given by the commissioners appointed in and for the city of Richmond, or a majority of them, in at least two public gazettes printed in the said city of Richmond; and the same persons shall at ihe same time, notify a time and place within the said city, at the distance of twenty days from the time of such notification, for proceeding to the choice of directors; and it shall be lawful for such election to be then and there made, and the fourteen persons who shall then and there be chosen, together with the treasurer for the time being, shall be the first directors, and shall be capable of serving until the first Monday in January thereafter, by virtue of such choice, or until their successors shall be duly elected; and the said directors shall forth with thereafter commence the operations of the said bank at the city of Richmond.

7. And be it further enacted, That the directors for the time Directors to ap being shall have power to appoint such officers, clerks and servants,

poiot officers, &c. under them, as shall be necessary for executing the business of the . said corporation, and to allow them such compensation for their services respectively, as shall be reasonable; and shall be capable of exercising all such powers and authorities for the well governing of the affairs of the said corporation, as shall be prescribed by the laws, ordinances and regulations of the same.

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