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CAAP. 17.-An ACT authorizing William Waller Hening to publish an edition of certain laws of this commonwealth, and for other purposes.
(Passed February 5, 1808.) Whereas it hath been represented to the present general assembly by William Waller Hening, that he hath at very considerable trouble and expense made a collection of all the laws of Virginia now extant, which have been enacted since the first settlement of this country: And whereas the titles to property to a large amount of money of many of the citizens of this commonwealth depend, in many instances, on an act of the general assembly which exists only in manuscripts, and of which there is but a single copy; for the preservation of which titles, it is deemed highly expedient that such of the laws of Virginia as were passed prior to the year one thousand seven hundred and ninety-two, when the last revisal was made, should be printed and distributed: And the said William Waller Hening having petitioned the legislature to aid him in the publication of the said laws, and so to provide that they may be
considered as of legal authority : To be of authority 1. Be it therefore enacted, That upon the certificate of Creed on the certificate Taylor, William Wirt and William Munford, or any two of them,
. Wirt and Wm. being published with the said laws, stating that they had carefully
compared the edition of the acts so to be published with the origipal laws, and found them to be truly and accurately printed, they shall be received and considered of equal authority in the courts of this commonwealth as the originals from which they are taken.
2. And be it further enacted, That the governor be, and he is scribe on behalf of hereby authorized and required to subscribe on behalf of the com150 copies. monwealth, and on such terms as individuals are permitted to sub
scribe, for one hundred and fifty copies of the edition proposed to be published as aforesaid, the price whereof shall be paid out of the treasury upon a warrant or warrants to be issued by order of the executive: Provided, That the price shall not exceed five dollars per volume of six hundred pages large octavo; nor shall more than one volume of the said edition to the number of copies taken by the
state be paid for out of the treasury in any one year. How to be distri 3. And be it further enacted, That the copies so subscribed for buted.
on behalf of the commonwealth, shall be distributed by the executive according to their discretion.
4. This act shall commence and be in force from the passing thereof.
Governor to sub
CHAP. 18.–An ACT amending the act, entituled, “ An act regulating the
manner in which certain duties shall be performed by the county and corporation courts."
(Passed February 6, 1808.) Majority of jus. 1. Be it enacted by the general assembly, That in future it shall when certain du. not be lawful for the justices of any court in this commonwealth to ties are performed lay any levy, settle with th ollector or collectors thereof, or receive by the courts.
from him or them any list of insolvents, or make any order or orders for payment of money belonging to their respective counties, unless a majority of the acting justices of the court wherein such business is intended to be done shall be present at the time of doing the same, or unless such proceedings shall have been had as are directed by the act, entituled, "An act regulating the manner in
which certain duties shall be performed by the county and corporation courts."
2. This act shall commence and be in force from and after the Commencement. first day of June next.
Chap. 19.–An ACT to amend the act, entituled, “ An act to reduce into one
the several acts concerning mills, mill dams and other obstructions of water
build on certain
(Passed February 6, 1808.] 1. Be it enacted by the general assembly, That whenever any Tenant for years tenant for life or for years, of any mill which has been or shall be failing to rebuild destroyed, or rendered incapable of grinding for the public use, shall man, &c. may repermit the same to remain in that condition for the space of three
conditions. years without rebuilding such mill, it shall be lawful for the person or persons entitled in remainder or reversion (after the determination of either of the said particular estates therein, as the case may be,) to such mill, to enter upon the premises at the expiration of the said three years, and rebuild such mill for his, her or their own use; and reversioners and remaindermen as aforesaid shall have the same length of time to rebuild, as is allowed at present by law to one obtaining an order on leave in the first instance to build a mill.
2. Be it further enacted, That before any reversioner or remain- Must sue out ad derman shall have the right as aforesaid to rebuild any mill, he or
quod damnum. they shall sue out his or their writ of ad quod damnum, whereupon a jury, as in other cases, shall assess the damages that will accrue to the tenant for life or years, which damages shall be paid to such tenant before an order shall be had to rebuild : Provided, That no- Proviso. thing in this act contained shall extend to infants, femes covert, persons imprisoned, persons of unsound mind or beyond seas, until the expiration of three years from the removal of such disability. All acts and parts of acis coming within the purview of this act, shall be and they are hereby repealed.
3. This act shall commence and be in force from and after the Commencement. passing thereof.
Chap. 20.-An ACT concerning sheriffs.
(Passed February 8, 1808.) 1. Be it enacted by the general assembly, That if any sheriff or Sheriff levying
execution on proother officer shall levy an execution on property, and doubt shall
perty, how to proarise whether the right of such property is in the debtor or not, such ceed where the
right is disputod. sheriff or officer may apply to the plaintiff, his attorney or agent, for his bond, with good security, for indemnification for the sale of the property seized; which, if the plaintiff, his attorney or agent refuses or fails to give on or before the day of sale, the sheriff or other officer shall be justified in delivering up such property to the party from whose possession the property was taken.
2. And be it further enacted, That if such bond and security be given, it shall be returned with the execution to the office of the court from whence it issued; and any person claiming such property, may in the name of such officer prosecute his or her suit upon the bond, and recover such damages as the jury may assess : Pro- Proviso. vided nevertheless, That the party claiming such property shall give to the plaintiff in such execution, his agent or attorney, reasonable
notice of his claim, so as to enable him to give such bond and security before the day of sale; which notice shall be proved to the satisfaction of the sheriff or other officer by the affidavit of some disinterested person, before he shall restore the property executed
to the claimant. Party claiming not 3. And be it further enacted, That the party laying claim to the sheriff' where ob property shall be barred of his right of action against the sheriff, ligors suficient. unless the obligors in the bond aforesaid prove insolvent. Commencement. 4. This act shall be in force from the passing thereof.
Chap. 21.–An ACT for paying the officers of the general assembly for their
services during the present session.
(Passed February 9, 1808.] Pay of officers of
1. Be it enacted by the general assembly, That the allowance to general assembly. the oflicers of the general assembly for their services during the
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 and one half dollars 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, thirty-seven dollars per week; to each of the doorkeepers 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 cleaned the capitol, twenty dollars.
2. This act shall be in force from the passing thereof.
Chap. 22.-An ACT for opening a new street in the town of Petersburg.
(Passed December 23, 1807.) Preamble. Whereas it is represented that the opening a new street in the
town of Petersburg will be of public utility : Commissioners
1. Be it therefore enacted by the general assembly, That Joseph appointed. Jones, Robert Birchett, John M'Rae, Robert Ritchie and John
Monroe Banister, gentlemen, shall be, and they are hereby appointed Their duties.
commissioners, who, or a majority of them, are empowered and required, on or before the first day of March next, to ascertain and mark out the most direct and convenient way for opening and extending a street, not exceeding sixty, nor under forty feet in width, in the said town, running from the cross street which leads from Old street to High street, by Pegram's warehouse, to the public road which leads from the upper end of Old street to the upper end of
High street, and make report thereof to the county court of DinWrit of ad quod widdie, who thereupon shall order a writ in the nature of a writ of damnum to issue. ad quod damnum, to be directed to the sheriff of the said county,
commanding him to summon and impannel twelve able and discreet men, freeholders and inhabitants of the said county, without the limits of the said town, no ways related to the parties through whose lands the said street will pass, to meet at some place on the said ground, and on a certain day to be named by the said court, and inserted in the said writ, of which notice shall be given by the sheriff
to the proprietors and tenants; and the freeholders so assembled, shall be charged by the sheriff, impartially, faithfully and justly, and to the best of their skill and judgment, to view the said lands through which the said street is to be opened and conducted, and say to what damage it will be to the several and respective proprietors and tenants, taking into estimation as well the use and value of the land to be laid open for such street, as other incidental injuries to be sustained thereby; and if the said inquest cannot be completed Jury may adjourn
from day to day. in one day, the sheriff may adjourn the said jurors from day to day, until the same be completed; which inquest, sealed by the said jurors, together with the writ, shall be returned to the said court and entered of record.
2. And be it further enacted, That the common council of the Common council said town of Petersburg shall, within three months after the return taxable property of the said inquest, levy on the taxable property within the said amount of damatown, the damages so found, and the costs of the inquest, and direct them to be paid to those respectively entitled thereto.
3. This act shall commence and be in force from and after the Commencement. passing thereof.
recover certain money
Chap. 23.-An ACT appointing an agent to recover and receive certain monies due to this commonwealth in the state of Kentucky.
(Passed February 9, 1808.) 1. Be it enacted by the general assembly, That Thomas L. Pres- Agent appointed to ton, esquire, be, and he is hereby authorized to proceed in the name of the attorney general of this commonwealth, and in such lucky. legal manner as to him shall seem best, to recover of Richard Clough Anderson, his executors or administrators, so much money as under, and by virtue of, the act passed in the year one thousand seven hundred and eighty-three, entituled, "An act for surveying the lands given by law to the officers and soldiers on continental and state establishments, and for other purposes,” shall have been paid to the said Richard Clough Anderson as a principal surveyor, and for the purposes mentioned in the third section of the above recited act.
And it shall be lawful for the said Thomas L. Preston to ap. point an attorney or attornies, with power to do and perform any act or thing which might be personally done by the said Preston in carrying this act into effect. 2. This act shall be in force from the passing thereof.
Chap. 24.–An ACT to amend the penal laws of the commonwealth.
(Passed February 10, 1808.) 1. Be it enacted by the general assembly, That if any slave or Penalty on slaves
for burning barn, slaves at any time hereafter, shall wilfully and maliciously burn or &c. set fire to any barn, stable, cornhouse or other house, or shall advise, counsel, aid, abet or assist any slave or slaves, free negro or mulatto, to commit either of the said offences, being thereof lawfully convicted, if the amount of the burning be of the value of ten dollars, he, she or they, shall be deemed guilty of felony, and shall suffer death as is provided in other cases of felony. 2. And be it further enacted, That if any slave or slaves shall Ditto for burning
stack of wheat, wilfully and maliciously burn or set fire to any stack or cock of een
wheat, barley, oats, corn or other grain, or to any stack or cock of hay, straw or fodder, or shall advise, counsel, aid, abet or assist any slave or slaves, free negro or mulatto, to commit either of the offences in this section mentioned, being thereof lawsully convicted, he, she or they, shall be deemed guilty of felony, and shall be burnt in the hand, and receive on their back any number of lashes, not exceeding thirty-nine, as the court in their discretion may think fit to inflict.
3. This act shall commence and be in force from and after the passing thereof.
Chap. 25.–An ACT for altering the court day of Rockbridge county.
(Passed December 23, 1807.) Court day of Rock 1. Be it enacted by the general assembly, That instead of the bridge aliered.
times now appointed by law for holding courts for the county of Rockbridge, a court for the said county shall, from and after the first day of February next, be holden on the Monday before the first Tuesday in every month.
2. This act shall be in force from the first day of February next.
Chap. 26.-An ACT for dividing the county of Amherst.
(Passed Decomber 25, 1807.) The county of Am 1. Be it enacted by the general assembly, That the county of herst divided by Amherst shall be, and the same is hereby divided by the parish line, the parish line.
the upper county to retain the name of Amherst. The justices thereof shall meet at New Glasgow on the third Monday in June next, and a majority then present, shall fix on a place for holding courts in the said county, until the permanent seat of justice shall
be fixed, and the necessary public buildings erected thereon. New county to be 2. The new, or lower county, shall be called and known by the Duty of justices.
name of Nelson. The justices thereof shall meet at Cabellsville within said county, on the fourth Monday in June next, and a majority then present, shall fix on a place for holding courts in the said county, until the permanent seat of justice shall be fixed, and the necessary public buildings crected thereon.
3. A court for the said county of Nelson, shall be held by the justices thereof on the fourth Monday in every month after the same shall take place, in like manner as is provided by law for other
counties, and shall be by their commissions directed. Other duties of 4. The justices to be named in the commission of the peace for the magistrates. the said county of Nelson, shall meet at Cabellsville upon the first
court day after the said county shall take place, and having taken the oaths prescribed by law, administered the oaths of office to, and taken bond of the sheriff, according to law, proceed to appoint and qualify a clerk: Provided always, That the appointment of a clerk shall not be made unless a majority of the justices of the said county be present. Where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such case the appointment shall be postponed until some
court day when a majority shall be present. Sheriff of Amherst 5. It shall be lawful for the sheriff of Amherst county to collect may perforın cor- and make distress for any public dues or officers' fees, which shall
Court of, when to be holden.