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ing stock, &c. the compensation to be allowed to sheriffs or other officers within taken under exe- their respective counties, for supporting slaves or live stock taken .

by any writ of attachment or execution, till the same be sold or otherwise legally discharged from such attachment or execution : Provided, The allowance so made shall not exceed twenty cents per day for each slave, seventeen cents per day for each horse or mule, nine cents per day for each head of horned cattle or hog, and six cents per day for every sheep or goat; which allowance, so adjusted and settled, shall be by the sheriff or other officer performing the duty, charged, collected and paid in the same manner and

by the said party, as is directed by the aforementioned act. Persong put in 2. And be it further enacted, That if any person or persons benefit of bounds taken or charged in execution, shall enter into bond, with good for one year only, and sufficient security, under a reasonable penalty, upon condition

that he, she or they shall not depart or go out of the rules or bounds of the prison to which he, she or they be committed, it shall be lawful for the sheriff or other officer in whose custody such prisoner or prisoners shall be, to permit him, her or them to go out of the prison and return again at pleasure during one year after the date of such bond; after the expiration of which time, if the person or persons so taken or charged in execution shall not be discharged by due course of law, it shall be the duty of the sheriff or other officer to whose custody such person or persons were committed, to recommit him, her or them to close jail and confinement, from which such person or persons shall not thereafter be discharged until the debt or demand for which he, she or they were taken or charged in execution shall be paid; or until he, she or they shall have taken and subscribed the oath and schedule, and shall have made the delivery or transfer of his, her or their property required by law for the discharge of insolvent debtors.

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


certiorari to stand

Chap. 28.-An ACT concerning district courts and concerning the assignors

of bonds, bills and obligations.

(Passed January 19, 1807.) General court fail. 1. Be it enacted by the general assembly, That whensoever ing to allot judges from any cause it shall so happen that the regular session of the lotment to stand. general court shall not be holden, so that an allotment of the dis

tricts among the judges shall fail to be made by that court, the several judges shall attend to hold courts in the several districts to

which they were last allotted. Suit removed by 2. And be it further enacted, That when any suit or action habeas corpus or shall hereafter be removed from any county or corporation court to as it did. any district court by writ of habeas corpus or certiorari, such

cause shall be placed in the same situation in such district court as it stood in the inferior court when such writ of habeas corpus or certiorari was delivered. And it shall be the duty of every such district court to proceed to a final judgment in the manner such inferior court ought to have done, without any new pleadings, unless the same would have been proper if such suit had remained in

the inferior court. Assignoo may re

3. And be it further enacted, That the assignee or assignees,

his, her or their executors or administrators, of any bill, note or previous assignor.

obligation, shall hereafter be entitled to recover from any previous

cover from any

assignor or assignors, his, her.or their executors or administrators :
Provided, That in any suit brought against a remote assignor or Proviso.
assignors, his, her or their executors or administrators, he, she or
they shall be subject only to such recovery, and shall have the bene-
fit of the same defence as if the suit had been instituted by the
immediate assignee or assignees : And provided also, That no
joint action shall be commenced or prosecuted against any two or
more persons, unless where there shall be joint assignors. But
nothing in this act contained shall be so construed, as in any man-
ner to abridge or destroy any rights which indorsees of bills of ex-
change, or assignees of bonds, notes and obligations now are enti-
tled to by law.

4. And be it further enacted, That the court directed to be Commencement of holden in the city of Richmond, for the district composed of the counties of Henrico, Hanover, Chesterfield, Goochland and Powhatan, shall hereafter commence on the twenty-eighth day of March and twenty-eighth day of August in every year, and continue, if business requires, fifteen juridical days. If any of the said days should happen on a Sunday, such court shall commence on the succeeding day.

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


Chap. 29.-An ACT for paying the officers of the general assembly for their

services during the present session.

[Passed January 20, 1807.] 1. Be it enacted by the general assembly, That the allowance Allowance to offito the officers of the general assembly, for their services during the care of the gene

ral assembly. present session, shall be as follows: 'To the clerk of the house of delegates, one hundred and forty-five dollars per week; to the clerk of the senate, seventy-two dollars and fifty cents per week; to the clerk of the committee for courts of justice, forty dollars per week; to the clerk of the committee of propositions and grievances, forty dollars per week; to the clerk of the committee of privileges and elections, and of claims, forty dollars per week; to the sergeants at arms of the senate and house of delegates, each thirtyseven dollars per week; to each of the door-keepers of the senate and house of delegates, twenty-one dollars per week; to Thomas Ritchie, for printing the journals of the senate, two hundred and seventy-five dollars; and to the person who cleans the capitol, twenty dollars.

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


Chap. 30.–An ACT concerning the distribution of public arms.

(Passed January 21, 1807.) 1. Be it enacted by the general assembly, That it shall be the Executive to disduty of the executive to distribute the public arms now on hand, arms. in the capitol, barracks and armory, and which shall be hereafter manufactured, by forwarding them to the colonel commandant of each regiment, so as that there shall not remain at any time undistributed a greater number than three thousand muskets, one hundred and fifty rifles, one hundred and fifty pistols, and one hundred and fifty swords.

counties to be armed.

able for arms.


be armed.

Arms to be kept 2. The arms remaining undistributed shall be kept in the arin arniory.

mory. Certain towns and 3. It shall be the duty of the executive, after arming the militia

of the towns of Richmond, Norfolk, Fredericksburg, Hampton and Petersburg, and the counties of Henrico, Chesterfield, Dinwiddie and Norfolk, according to the provisions hereafter mentioned, to distribute arms to every regiment in the commonwealth, in propor

tion to its strength. Colonels to give 4. A receipt shall be taken from every colonel for the arms delireceipts for urms. vered to him, and he shall be answerable to the state for the value

thereof, unless he delivers the same over to the commanding officers

of battalions. Majors, when li 5. The commanding officers of battalions shall be answerable to

the state unless he delivers the same over to the commanding offi

cers of companies. Captains, when li. 6. The commanding officers of companies shall be answerable

to the state for the value of the arms received, unless they distri

bute them as hereafter is provided. What persons to

7. There shall be delivered to every freeholder and responsible housekeeper, arms for himself, if he is on the militia roll, and for every son he may have who is on the militia roll, and a member of his family. There shall also be delivered to every militiaman, who is not a freeholder or responsible housekeeper, arms for himself, if a freeholder or responsible housekeeper will join him in a receipt

for the sanie. Light companies,

8. In the future distribution of the public arms, the light compahow to be armed. nies shall be armed by entire companies, in the first place with the

arms which have been or shall be manufactured for the light infantry, and the rifle companies with rifles; and the arms now in the hands of the said light companies shall, in that event, be distributed

amongst the body of the militia. Loss of arms, how 9. In case of loss of arms, satisfaction for the same, to be awarded to be compensated by the courts martial, shall be made by the person or persons who

shall have received the same, to the commonwealth, at the following prices: For a musket, twenty dollars; for a ramrod, one dollar; for a bayonet, two dollars; for a cartouch box, two dollars; for a pistol, five dollars; for a sword, ten dollars; for a pair of holsters, five dollars, and for a rifle, thirty dollars.

10. If any militiaman, or other person, shall sell, buy or give away, any part of the public arms, or carry the same out of the bounds of his regiment, with intent to defraud the commonwealth, he shall be considered as guilty of a misdemeanor, and being convicted thereof at any time within five years, on information or indictment, in any county or district court, shall be amerced in a sam not exceeding fifty dollars, and imprisoned for a term not exceeding

twenty days, at the discretion of the jury. Fines for not keep 11. Be it enacted, That each non-commissioned officer or priing arms, &c. in order.

vate, who shall have been or may be armed by the public, shall be fined fifty cents for each article of his accoutrements which shall be out of order; and it shall be the duty of the captain or coinmanding officer of every company armed as aforesaid, to note down at every muster, each and every breach of this law, and make re

port of the same to the battalion court of enquiry. Captains to exa 12. Be it further enacted, That it shall be the duty of every make report.

captain, in the hands of whose company there are or may be pub

Penalties on offenders.

mine arms and

&c. to prevent loss of arms.

lic arms, at the next April muster, and at every subsequent muster, to examine the same, and make report of such arms as are out of order, to the colonel commandant, whose duty it shall be to have the same repaired, the expense of which shall, by order of the colonel, be paid out of the inilitia fines of the regiment, or any money in the treasury proceeding from militia fines, not heretofore appropriated.

13. The executive shall cause such public arms in the city of Executive to have Richmond as need repair, and are worth repairing, to be immedi- arms repaired. ately repaired at the armory.

14. It shall be the duty of all militia officers, justices of the Duties of officers, peace, sheriffs, sergeants and constables, to seize all arms that they shall have cause to believe belong to the state, and are sold, given or carried away as aforesaid; and if any suit is brought against any such officer, for any such seizure, the onus probandi shall lie on the plaintiff, and the officer shall not pay any costs.

15. If any commanding officer of the company shall observe the Fino for arms bearms in possession of any non-commissioned officer or private ing in bud order. thereof to be injured or kept in bad order, he shall report the same to the next battalion court of enquiry, who shall assess a fine on such non-commissioned officer or private, of not less than two, nor more than twenty dollars, and he may at his discretion seize and take away such arms.

16. Any freeholder or housekeeper, not being a quaker, dunker Quakers, menoor menonist, refusing to receive public arms when tendered to him, not compelled to shall forfeit twenty dollars for every refusal, to be assessed by the receive arms. battalion court of enquiry; and it shall be the duty of the officer to repeat the tender of such arms from time to time as shall be convenient.

17. Nothing in this act shall be construed to prevent arming the Proviso. militia by entire companies.

18. This act shall be in force from the passage thereof.


Chap. 31.-An ACT concerning the public guard, and for other purposes.

(Passed January 22, 1807.) 1. Be it enacted by the general assembly, That the act “ For Act establishing

guard repealed. continuing a guard in the city of Richmond," passed the seventeenth of January, eighteen hundred and four, shall be, and the same is hereby repealed.

2. And be it further enacted, That the executive be authorized Executive to apto appoint some proper person to sell at auction all the provisions, pell provisions, clothing and other materials on hand, purchased for the use of the &c. said guard, who, upon paying the proceeds of such sales into the treasury, shall for his trouble receive such compensation as the executive may deem to be adequate.

3. And be it further enacted, That the person so appointed to Person so appointsell as aforesaid, shall give bond with approved security to the go- &c.

ed to give bond, vernor and his successors, to pay the amount of the said sales into the public treasury, within a time to be limited by the executive; and if the person so appointed shall fail to make the payment as aforesaid, a speedy remedy shall be had by way of motion against him and his security on the said bond, in any court of record in this commonwealth, for the recovery of the amount of the said sales, with interest thereon and costs, provided the obligor and his secu


rity, or such of them as judgment shall pass against, shall have had

ten days notice of such motion. Governor autho 4. And be it further enacted, That the governor be authorized to rized to offer bar offer to the trustees of the academy for female education in the city of female acudo. of Richmond, the use of the house formerly occupied by the public

guard as barracks, until further provision concerning the same be

made by the legislature. Executive may

5. And be it further enacted, That at any time before the comgood causo.

mencement of this act, the governor, with the advice of council, is hereby authorized and empowered to dismiss from service any commissioned officer of the said guard who may be deemed incompetent to the discharge of his duty, or who may be guilty of conduct unbecoming the character of an officer, and to supply any vacancy

created by such removal. Commencement.

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

dismiss oflicer for


Chap. 32.-An ACT granting to Alexander Burton the duplicate of a lost


(Passed December 17, 1806.] Whereas it appears that Robert Burton, one of the executors named in the last will and testament of William Burton, deceased, did, on the seventeenth day of May, one thousand seven hundred and eighty, pay into the public treasury of this state the sum of thirty-one hundred and ninety-three dollars, to be applied to his credit in account with James and Robert Donald and company, British subjects, according to the sequestration law; that the original receipt was lost; and it was afterwards advised by the executive that a new one be given, which being also lost, the treasurer

was not at liberty to issue a new certificate: Duplicate certifi 1. Be it therefore enacted by the general assembly, That the treacato granted to A. Burton.

surer shall be, and he is hereby authorized and required to settle and liquidate the sum so deposited by the said Robert Burton, executor as aforesaid, and to grant to Alexander Burton, executor of Jesse Burton, deceased, who was the acting executor of William Burton, deceased, a certificate therefor, in the same manner as is directed by the act, entitled, “ An act making provision for the repayment of monies paid into the treasury in pursuance of an act for sequestering British property, enabling those indebted to British subjects to pay off such debts, and directing the proceedings in suits where such subjects are parties," upon the said Alexander Burton, executor as aforesaid, giving bond and security to indemnify the commonwealth against any damage which may accrue from the issuing thereof.

2. This act shall commence from and after the passing thereof.


Chap. 33.--An ACT altering the court day of Caroline county.

(Passed December 17, 1806.) Court day of Ca. 1. Be it enacted by the general assembly, That henceforward the roline changed to second Monday. court of Caroline county shall be holden on the second Monday in

every month, instead of the times at which it has heretofore been holden; and that shall be the return day of all process which shall

be issued from the said court. Commencement. 2. This act shall commence and be in force from and after the

first day of May next.

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