Proviso. a license to retail such goods for the same time. And if any person shall sell such merchandize, either by wholesale or retail, on land or on board any vessel, without having obtained such license, such person shall forfeit and pay one hundred dollars, to be recovered by the commissioner in any court of record, on ten days previous notice, and to be paid to the sheriff for the use of the commonwealth; of which licenses and fines, the commissioners shall annually in their books return a list to the auditor of public accounts on or before the fifteenth day of September, specifying names, which shall be good evidence whereupon to charge the sheriff or collector : Provided always, That if there be no sheriff or collector, the clerk of the court shall have a right to receive the tax, to be accounted for in like manner as other taxes by him received; which receipt being produced to the commissioner of the revenue, such commissioner shall grant to such person a license to sell, in the same manner as if the money had been paid to the sheriff or collector: Provided nevertheless, That not above one tax shall be paid on account of so selling at one and the same store; and if any person shall possess two or more stores, he or she shall pay one tax for each store: And provided also, That nothing contained in this or any other act, shall be so construed as to impose a tax on planters or farmers for selling salt, iron or steel to their neighbours, purchased as a return load for their produce, carried in their waggons or otherwise to market. All the said licenses shall be taken out previous to the first day of May next, and shall be good and effectual for and during the term of one year: Provided, That if any new store shall be opened on land between the first day of May and the same day in the following year, the said tax shall be apportioned according to the time then to come of one year, and its amount shall be specified in the license and in the commissioner's return. Construction as to 4. And be it further enacted, That the act concerning hawkers and pedlars shall be so construed as to make it necessary for each hawker and pedlar to obtain a license; that it shall be the duty of the commissioners to report to the courts of their respective counties such merchants, hawkers and pedlars, as neglect to comply with this act, and on such report it shall be the duty of the said court to direct process against all delinquents so reported. licenses to hawkers, &c. Clerks to record licenses of hawkers, &c. 5. And be it further enacted, That each hawker and pedlar, after obtaining a license to sell goods, wares and merchandize, shall, in the court of each county in which he offers goods for sale, enter of record his license obtained for vending goods, wares and merchandize, for which he shall pay twenty-five cents to the clerk, and in case of failure, each hawker and pedlar shall be subject to the same penalty as if he had no such license. The clerk of each court shall, on each court day throughout the year, cause a list of such licenses as are recorded by him to be stuck up in some public place in the courthouse, expressing when such license was granted, when it will expire, and by what court it was granted; and in case of failure, such clerk for each omission, shall forfeit and pay the sum of fifty dollars, to be recovered by motion of the commissioners in any court of record, ten days notice thereof being first given. For every license granted by a commissioner under this act, he shall be entitled to twenty-five cents, which shall be paid to him out of the public treasury on warrant of the auditor of public accounts, after his list of licenses shall be returned to the auditor as aforesaid. Clerks of account for taxes courts shall annually, on or before the first day of October, return When clerks shall to the auditor a list of all hawkers and pedlars' licenses granted by received by them. their respective courts previous to the first day of September in every year, and every clerk neglecting this duty shall forfeit fifty dollars, to be recovered in the general court by motion, on ten days previous notice. The clerks of courts shall also, on or before the fifteenth day of December in every year, account, on oath, to the auditor of public accounts, for all taxes received by them by virtue of their offices, previous to the first day of September in such year. So Repealing clause. much of the act passed at the session of assembly which commenced in December one thousand seven hundred and ninety-eight, intituled, "An act to impose certain taxes on law process, and for other purposes," as is contrary hereto, shall be, and is hereby repealed. 6. And for the more effectual collection of the taxes as aforesaid, How judgments and others which may become due to the commonwealth, Be it fur- &c. may be ob against sheriffs, ther enacted, That ten days previous notice shall hereafter be ne- tained. cessary to any sheriff, collector, clerk, inspector or notary public, for the purpose of recovering a judgment for any taxes, fines or public dues of any kind, where, by law, the auditor is authorized to proceed against them or any of them by motion. No sheriff or collector shall at any time be allowed to return any list of insolvents, or have any credit therefor, after eighteen months shall have expired from the period of the taxes becoming payable by such sheriff or collector to which such list relates; a commission of five per cent, and no more, shall be allowed the sheriffs and collectors for the collection of taxes on licenses to be granted to merchants under the act, intituled, "An act concerning hawkers and pedlars," any law to the contrary notwithstanding. be returned. 7. A list of all licenses granted to merchants shall be returned Licenses where to by the commissioners granting the same, to the county or corporation courts for their examination, after which the said lists shall be Sheriffs, &c. to delivered to the said sheriffs or collectors, who shall annually, on or before the first day of October next, after the receipt thereof, account for and pay the same into the public treasury. collect license tax. 8. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 4.-An ACT to appropriate an additional sum of money to discharge certain unsatisfied claims against the commonwealth. (Passed December 20, 1803.) 1. Be it enacted by the general assembly, That in addition to the Appropriation. sum appropriated by law during the last session, the sum of fifteen thousand dollars shall be and the same is hereby appropriated, to discharge any unsatisfied claims against the commonwealth of the following descriptions, viz: for removing criminals from the district goals, and charges of their confinement; for expences of examinations and trials of criminals in the county and district courts; expences of guards for the safe keeping of prisoners in the district and county goals; and for the contingent expences of government. 2. This act shall commence and be in force from and after the Commencement. passing thereof. 4 Pension allowed. Commencement. Preamble. Marriage dissolv ed. Property received to be returned. Commencement. Additional laws to be distributed. CHAP. 5.-An ACT giving an annual pension to Rebecca Fulton. (Passed December 21, 1803.) 1. Be it enacted by the general assembly, That the auditor of public accounts shall, and is hereby commanded to issue a warrant on the public treasury for fifty dollars, to be paid annually to Rebecca Fulton, in consequence of her husband having lost his life in performing his duty, acting under a warrant from a magistrate, in apprehending one Martin, charged with a criminal offence. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 6.-An ACT dissolving a marriage between Benjamin Butt, jun., and (Passed December 20, 1803.) Whereas it is represented that in the year one thousand eight hundred and two, a marriage was solemnized between Benjamin Butt, junior, and a certain Lydia Bright, who is of a respectable family, and was at the time of the said marriage supposed to be unsullied in her reputation; that not long thereafter, the said Lydia was delivered of a mulatto child, and has since publicly acknowledged that the father of the said child was a slave, and has voluntarily consented to a perpetual separation between herself and the said Benjamin, who hath petitioned the legislature that he may be divorced from his said wife: 1. Be it therefore enacted, That the said Benjamin Butt, junior, shall be and is hereby divorced from the said Lydia, and the marriage between the said Benjamin and Lydia totally dissolved; that the power of the said Benjamin over the person and property of the said Lydia shall entirely cease, and she is hereby declared to be a feme sole, and the said Benjamin no longer liable to be bound by any promise or contract which may be made or entered into by her. 2. And be it further enacted, That whatsoever property of the said Lydia the said Benjamin has received in consequence of the said marriage, or the value thereof, shall be restored by him to her or her representatives. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 7.-An ACT to amend an act, making further provision for furnishing the public officers of this commonwealth with the laws thereof. (Passed December 22, 1803.). Whereas it hath been represented to this general assembly that the public officers of this commonwealth, and particularly the magistrates thereof, are not furnished with a sufficient number of copies of the late Revised Code of the laws edited by Pleasants and Pace: 1. Be it therefore enacted by the general assembly, That the governor be, and he is hereby authorized and required to purchase and cause to be distributed among the magistrates, clerks and attornies prosecuting for the commonwealth, one thousand copies of said edition, the price whereof shall be paid out of the treasury upon a warrant or warrants to be issued by order of the executive: Provided nevertheless, That the executive shall not exceed the price of six dollars for each copy. 2. All acts and parts of acts coming within the purview of this Repealing clause. act, shall be, and the same are hereby repealed. 3. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 8.-An ACT concerning Moore's warehouse. 1. Be it enacted by the general assembly, That a certain ware- Barksdale's called house in the town of Petersburg, lately called and known by the Moore's warename of Barksdale's warehouse, shall be hereafter called Moore's warehouse, any law to the contrary notwithstanding. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 9.-An ACT concerning the town of Abingdon. house. Commencement. ther election takes 1. Be it enacted by the general assembly, That from and after Trustees to be apthe first day of May next, thirteen trustees shall be appointed for pointed. the town of Abingdon in the county of Washington, in the following manner, viz: The sheriff of the said county shall notify the freeholders and housekeepers in the said town, in such manner as he may think best, requiring them to appear at the courthouse on a certain day, not less than ten days thence next following, then and there to elect the said trustees; the said sheriff shall attend and take the poll at such election, entering the names of the persons voted for in a distinct column, and the names of every freeholder and housekeeper giving his vote, under the name of the person voted for; and in case more than thirteen persons should be voted for as trustees, and several have an equal number of votes so as to make it uncertain who should be elected, the sheriff shall give his vote, close the poll and return the same to the next court to be held for the said County upon oath, certifying the names of the persons so elected, to be by the clerk recorded; and the said court shall have power to determine any disputes that may happen as to the said election; the To continue two trustees so to be elected shall continue in office for the term of two years or until anoyears. At the end of every two years from the time of the said place. election, a new election of trustees of the said town shall be made in manner aforesaid; but in case it should so happen that an election cannot be held on the day appointed for that purpose, the same shall be held as soon as may be thereafter, until which time the trustees last in office, shall continue to exercise the dutics thereof. At every such new election the former trustees shall be eligible, unless disqualified under any of the laws of this commonwealth. 2. The said trustees or a majority of them, shall be and they are Their powers and hereby authorized to assemble from time to time as they shall see cause, at some convenient place within the said town, and when so assembled to make and establish such bye-laws, rules and regulations, not contrary to the laws and constitution of this state or of the United States, as they may think necessary for protecting property in the said town, against accidents by fire; to keep the public springs and wells in good order; to establish and regulate markets; to keep the streets and alleys in repair; to remove nuisances and obstructions therefrom at the expense of those who occasion them, and for preserving in all respects, good order in the said town; and moreover duty. to be recorded. Their proceedings to appoint a clerk who shall enter their proceedings of record, and be allowed such salary as they may judge reasonable; to levy a tax annually not exceeding one hundred dollars, on the tithables and property real and personal within the said town, for carrying into effect all or any of the powers hereby given them; to make provision for collecting and accounting for the taxes so imposed, by appointing a collector and directing distress to be made for delinquencies. The said bye-laws and other regulations, together with a fair statement of the receipts and disbursements of the said trustees, shall be entered in a book or books to be provided and kept for that purpose, to which the trustees shall affix their names, and such books shall at all times be open to the inspection of any person requesting the Their oath of of same: Provided always, and be it further enacted, That every trustee of the said town shall, previous to the execution of any of the duties prescribed by this act, make oath or affirmation before a justice of the peace for the said county of Washington, "that he will faithfully and impartially perform the duties of a trustee pursuant to this act." fice. The inhabitants not forced to work on roads more than half a mile out of town. Preamble. Lots added to Commencement. Preamble. Randolph added 3. And be it further enacted, That the male labouring tithables residing in the said town of Abingdon shall not be compelled to work on the public roads more than half a mile without the limits of the said town, and compelled only to keep the streets thereof in good repair. CHAP. 10.-An ACT concerning the town of Martinsburg. (Passed December 27, 1803.) Whereas it is represented that sundry lots of land, in or near the town of Martinsburg in the county of Berkeley, have been purchased and improved under a belief that they were within the bounds of the said town, and that doubts have lately arisen, whether they are within the true and established boundaries thereof: 1. Be it therefore enacted by the general assembly, That all the lots sold by Adam Stephens in his life time, and by his executors since his death, adjoining the said town of Martinsburg, and which are now improved, shall be and are hereby added to and made a part of the said town. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 11.-An ACT for adding the county of Randolph to the judicial district composed of the counties of Hardy, Hampshire and Pendleton. (Passed December 22, 1803.) Whereas it hath been represented to this general assembly, that the inhabitants of the county of Randolph are at present very remote from Morgantown, their now judicial seat of justice, whereby they are put to great inconvenience, trouble and expence in attending the district court held at Morgantown: and whereas it hath been further represented, that their grievances might be redressed by permitting them to attend the district court held at Moorfield in the county of Hardy: 1. Be it therefore enacted by the general assembly, That the to the judicial discounty of Randolph shall be added to, and make a part of the judicial district heretofore composed of the counties of Hardy, Hampshire and Pendleton: Provided, That nothing in this act shall be trict composed of Hardy, &c. |
