act exempting 8. And be it further enacted, That the clause of the act incor- Clause of former porating the Richmond James river company, exempting the shares shares from taxof the said company from taxation, is hereby repealed. ation, repealed. 9. This law shall be in force from and after the passing thereof. Commencement. CHAP. 70.-An ACT to amend the several acts concerning the inspection of tobacco. [Passed January 28, 1806.] Whereas the several acts of assembly concerning the inspection Preamble. of tobacco have been found to be defective, and it is necessary that the same should be amended : tors as to transfer tobacco. 1. Be it therefore enacted by the general assembly, That it shall Duties of inspec be the duty of the inspectors of tobacco at the several warehouses within this commonwealth to inspect and examine all the transfer tobacco at their several warehouses after it shall be picked and before it shall be weighed, and to make every hogshead thereof to weigh twelve hundred and fifty pounds nett at the least. 2. Inspectors, pickers and coopers of tobacco shall not be con- Inspectors, pickcerned directly nor indirectly in the transportation of tobacco by water from their respective warehouses, under the penalty of one transporting &c. hundred dollars for every hogshead so transported; nor shall they in any manner, for themselves or for any other person, purchase, sell, stem, manufacture, barter, lend or exchange any tobacco inspected at their said warehouses, under the penalty of ten dollars for every hundred pounds of tobacco so purchased, sold, stemmed, manufactured, bartered, lent or exchanged. ers and coopers prohibited from tobacco. bacco inspected in 3. Every inspector shall stow away and secure at night every Inspectors to stow hogshead of tobacco by him inspected during the day, under the away at night topenalty of ten dollars for every hogshead he shall fail or neglect to the day. stow away and secure; and shall moreover be liable to the action of the proprietor of such tobacco for all damages accruing thereto by his negligence. 4. And be it further enacted, That it shall be the duty of the in- Additional duties spectors to prize and cooper up all refused tobacco which the owner of inspectors. shall not choose to have picked, to weigh the same, and mark the gross weight on each cask, and take care of and deliver the same to the owner, or to his order, for which the said inspectors may demand and receive fifty cents for every hogshead so delivered. And for the prevention of frauds, the inspectors shall grant a manifest for every hogshead of tobacco so delivered; and if any person shall sell refused tobacco, or manufacture the same without such manifest, he shall forfeit and pay the sum of one hundred dollars, for each hogshead so sold or manufactured. But it may be lawful for any person having a hogshead of tobacco refused, to carry the same, with the manifest, to any other warehouse, and the inspectors, on viewing the tobacco, if they esteem it of good quality, first destroying the manifest, may grant a receipt as is now directed by law for the same, or shall grant another manifest, for which fifty cents shall. be paid, expressing the review, and that it was the second time refused, after which the person shall not be permitted to carry the tobacco to any other warehouse for re-inspection, but may either have the same picked, or sell it as by this law directed. sioners, 5. The duty of the commissioners appointed under the first sec- Duty of commistion of the act, entitled, "An act concerning the inspection of tobacco," passed on the twenty-sixth day of December, one thousand Proviso. When commis pointed. seven hundred and ninety-six, shall not be construed to extend to any repairs or additions to be made to their several warehouses, but they shall, from time to time, report to their several county courts the condition of the warehouses under their charge, and the quantity of tobacco they are capable of containing; and thereupon such court shall take such steps, and make such orders in relation thereto, as they might or could have taken or made previous to the passage of the said act: Provided nevertheless, That it shall still continue to be the duty of the said commissioners to provide at the said warehouses such conveniences as by the laws now in force are to be provided at the public expense, and to have the same repaired when it shall be necessary. And whereas, the appointment of commissioners is directed by the last mentioned act to be made by the several county courts in the months of August or September only, in every year, which duty, it has been represented, the said courts have sometimes failed to perform in those months, and doubts have arisen whether they are authorized to make such appointments at any other court thereafter holden: 6. Be it enacted, That in case any county court shall fail heresioners may be ap- after to make such appointment at the time directed by law, it shall be lawful for such court to proceed to make the same at any other court thereafter, between the month of September and the month of April next ensuing, any law to the contrary notwithstanding, Penalties under this act, how recoverable. Repealing clause. Commencement. Certain additional powers granted to trustees. 7. The penalties accruing under this act shall be recoverable by an action of debt or by petition or warrant, before any justice of the peace of the county or corporation where the offence shall have been committed, according to the amount thereof, the one half to the use of any person who will prosecute for the same, and the other to the use of the commonwealth. The public printer shall furnish, hereafter, one copy of all the acts now in force concerning the inspection of tobacco, to the inspectors at the several warehouses established by law, and shall, in like manner, furnish the said inspectors with one copy of any law hereafter to be made amending the laws concerning the inspection of tobacco; which copies shall be forwarded to the several counties in which such inspections shall be situated, with the acts of the general assembly. 8. So much of all acts or parts of acts as contravenes the operation of this act, shall be, and the same are hereby 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. 9. This act shall commence and be in force from and after the first day of June next. CHAP. 71.-An ACT to amend and explain the act concerning certain free school lands in the county of Elizabeth City. (Passed January 29, 1806.) 1. Be it enacted by the general assembly, That the trustees of Simm's and Eaton's free schools, now elected, or who may hereafter be elected in conformity to "An act concerning certain free school lands in the county of Elizabeth City," in addition to the powers heretofore vested in them by that act, shall be, and they are hereby authorized to demand, sue for, and receive any sum or sums of money due, or which may hereafter become due from any per son or persons by virtue of any contract or agreement made prior to the passage of the above recited act, with the former trustees of said schools; and moreover, to demand, sue for and receive any property, real or personal, in the possession of any person or persons, which, belonged to the said schools antecedent to the existence of the said act; and finally, to institute such suit or suits as may be necessary for any trespass, or other injury committed on, or done to the said schools, or the property belonging, or in any manner appertaining thereto, or for the non-performance or violation of any contract or agreement made with the former trustees thereof, although such cause or causes of action might have originated prior to the passing of the aforesaid act. of trustees. 2. And be it further enacted, That the court of the county of Court of Elizabeth Elizabeth City, shall appoint some fit and proper person to superin- some person to suCity to appoint tend all future elections of trustees, whose duty it shall be to call perintend election upon two or more persons to keep the polls in the manner prescribed by the first section of the aforesaid recited act, and to take care that a fair and impartial election shall be held. And whensoever, at any future election for trustees, more than eleven persons should be voted for, and any two or more have an equal, and at the same time the smallest number of votes, the person conducting the said election shall declare which of them shall be elected. 8. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 72.-An ACT concerning the militia of the borough of Norfolk. (Passed January 29, 1806.) Whereas it has been represented to this general assembly that Preamble. the particular local situation of the borough of Norfolk, renders it much exposed to foreign attack, to repel which, a well regulated and organized militia is essential; and whereas the inhabitants of the said borough have petitioned that a more exact and severe rule of discipline may be imposed upon the militia of that particular place, than is, by the general law upon this subject, now established: militia of Norfolk 1. Be it enacted, That in future there shall be a muster of each Musters of the company of the militia in the borough of Norfolk, including the light borough companies, troops, and artillery, once in every month in the year, except the months of December, January, February and March, and those other months in which the regimental and battalion musters may be held; all which musters shall be held at such times and places, as the regimental courts of inquiry shall from time to time direct and appoint. 2. That in lieu of the fines now imposed by law on the said mi- Additional fines. litia, any non-commissioned officer or private failing to attend his regimental, battalion, or company muster, armed and equipped as the law directs, shall forfeit and pay the sum of five dollars; and the fines on the commissioned officers shall also be increased in the same proportion. In all other cases of delinquency under the existing law, for which fines are imposed, the said fines shall be increased upon all persons, whether officers, non-commissioned officers, or privates, in the proportion above stated, that is, four fold. 3. In order to insure the speedy collection of fines, there shall be Collection of fines. a battalion court of inquiry, for the assessment of all fines (held at the discretion of the commanding officer of the regiment), at least once in every two months of those months in which musters are di Commandant may appoint collector of fines. rected to be held, and the fines then assessed, shall be placed in the hands of the collector for collection, within ten days after every such court. 4. That the commandant of the regiment, by and with the consent of the regimental court of inquiry, shall be, and he is hereby authorized and empowered to appoint a collector to the regiment, His powers, duties who shall have the same power of a sheriff or serjeant in the collecand compensation. tion of the fines placed in his hands to collect, and shall receive such compensation therefor as the regimental court of inquiry shall deem just and reasonable, conforming to the act of assembly in such case made and provided. And until the regimental court of inquiry shall meet, the commandant of the regiment, by and with the consent of the battalion court of inquiry, shall have the same power to appoint such collector. In both cases, however, the person so appointed shall, previously to entering upon the duties of his office, give bond with approved security, in such a penalty as the commandant of the regiment may think proper for the faithful discharge of the duties of his office; which bond shall be made payable to the governor of this commonwealth and his successors, and shall be sued upon as other bonds given by collectors of public dues. Preamble. Duty of overseers of poor in cases where there are no ties. 5. Provided always, That so much of the fines imposed by this act as will be in addition to the fines now imposed by law, shall be subject to the sole and exclusive appropriation of the court of the borough of Norfolk. 6. This act shall commence and be in force from and after the passing thereof. CHAP. 73.—An ACT to amend the act, entitled, "An act to class the counties, and for other purposes." (Passed January 30, 1806.) 1. Be it enacted by the general assembly, That the counties of Stafford, Isle of Wight and Goochland, shall be placed in the second class, and be thereby entitled to two commissioners each. 2. And be it further enacted, That the courts of the said counties, Stafford, Isle of Wight and Goochland, shall proceed to the appointment of the commissioners as aforesaid, as soon as may be convenient. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 74.-An ACT giving further powers to the overseers of the poor in certain cases. (Passed January 30, 1806.) Whereas, it has been represented to the general assembly, that in many counties within this commonwealth, there are no vestries at present, and that certain donations have been heretofore made for charitable purposes, subject to the direction and management of vestries: 1. Be it therefore enacted, That 'in all cases where such donations have been made, to be controlled or managed by the vestry, vestries in coun- and where such vestry shall have ceased to exist, it shall and may be lawful for the overseers of the poor, and they are hereby fully authorized and empowered within their respective parishes and counties where such necessity shall occur, to exercise all and singular the powers and duties respecting the said donations, in as full and ample a manner as the same might or could have been exercised by the said vestries did they exist, any law, custom or usage to the contrary notwithstanding. 2. And be it further enacted, That the said overseers and their Their powers. successors, shall have full power and authority to collect, sue for and recover all such sums of money, tobacco or other thing, so as aforesaid given, and to apply them in such manner as may have been directed by the donor or donors. county courts an this act once a year. 3. And be it further enacted, That it shall be the duty of the To lay before their said overseers, at least once in each year, and oftener if required, account of pro to lay before the court of their respective counties, a full and fair ceedings under account of their proceedings under this act; and if they shall fail so to do, or at any time shall fail to apply the money as directed for the space of six months, they and each of them so offending, shall be subject to the penalty of one hundred dollars for each offence, and the overseer or overseers in whose hands the said money may be, shall moreover be subject to pay an interest not exceeding five per cent. per month on the whole amount so retained for the time the same shall have remained in his or their hands; which penalties shall be recoverable by suit or information in any court of record within this commonwealth, one half to the use of the informer, and the other to be applied under the direction of the court towards effecting the object of the donation. And the said overseers shall be allowed for the services by them to be performed under this act, six per cent. on all sums received and applied by them as aforesaid: Provided, That this act, and nothing herein contained, shall be so construed as in any manner to affect or repeal the act, entitled, "An act concerning the glebe lands and churches within this commonwealth." poor. 4. And be it further enacted, That the overseers of the poor of Certain persons the counties, and the courts of the several corporations, may in fu- who may not be provided for by ture refuse to provide for such poor, lame and blind persons, or other overseers of inhabitants within their respective counties or corporations, not able to maintain themselves, as shall have migrated into this state from either of the United States or the territories thereof, within three years next before the time when such person shall make application to be put on the poor list of such county or corporation, unless it shall appear to the satisfaction of the overseers of the poor of the county, or the court of the corporation, to whom such application shall be made, that such person, at the time of his or her migration into this state, was able to maintain himself or herself, and not in a condition to become chargeable to such county or corporation. 5. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 75.-An ACT more effectually to enforce the payment of certain fines into the public treasury. fines, &c. 1. Be it enacted by the general assembly, That whenever any Manner of profine, forfeiture, penalty or amercement, shall be imposed or adjudged ceeding on certain by any court, the whole or any part whereof shall be to the use of the commonwealth, the clerk of such court shall, immediately after the term at which such fine, forfeiture, penalty or amercement was imposed or adjudged, issue a writ of fieri facias or capias ad satisfaciendum against the defendant or delinquent for the amount thereof, |