same to the order of the said trustees, or a majority of them; and before he enters upon the duties of his office, shall give bond and security in such sum as the said trustees, or a majority of them, shall direct, payable to them and their successors, with a condition for the faithful discharge of the trust reposed in him, and that he will, when required by the said trustees, or a majority of them, render a just and true account of all monies, goods and chattels received by him on account of, and for the use of the said academy. The said treasurer shall receive such salary as may be allowed by His salary. the trustees, or a majority of them; and if he fails to render, when Penalty for failure required, a just and true account of all monies, goods and chattels of duty. which may have come to his hands by virtue of his office, it shall be lawful for the said trustees, or a majority of them, to obtain judgment for the amount or value thereof, by motion in any court of record in this commonwealth against the said treasurer, his executors or administrators; and execution shall thereupon issue in like manner as by law is directed against sheriffs for the non-payment of public taxes: Provided, That ten days previous notice in writing shall be given the said treasurer, his executors or administrators, of every such motion. supplied. 4. In case of the death, removal out of the county of Norfolk, How vacancies in or resignation, or other legal disability of any one or more of the trustees shall be said trustees, the vacancy or vacancies thereby occasioned may be supplied by the remaining trustees, or a majority of them. 5. All acts or parts of acts coming within the purview of this Repealing clause. act, shall be, and the same are hereby repealed. 6. This act shall be in force from the passing thereof. CHAP. 77.-An ACT to amend the act, intituled, "An act concerning escheators." (Passed January 21, 1804.) Commencement. missioners of the revenue. of duty. 1. Be it enacted by the general assembly, That it shall be the Duty of the comduty of the commissioners of the revenue, on or before the first day of January annually, to furnish a list to the escheators of their counties of all lands within their respective precincts, of which any person hath died seized of an estate of inheritance, intestate, and without any heir known to the said commissioners, or to which no person is entitled to their knowledge. Any commissioner failing Penalty for failure herein shall forfeit and pay the sum of fifty dollars, to be recovered by action of debt in any court of record, one half of which shall be to the use of the commonwealth, and the other half to the informer. 2. It shall be the duty of every escheator, on receiving such in- Duty of escheatformation from a commissioner of the revenue, or from any other person, to proceed to hold his inquest to determine whether any such tract of land hath escheated to the commonwealth, under the Penalty for failure. penalty of fifty dollars, to be recovered and appropriated as aforesaid, for failing to hold any such inquest. ors. subject to the former owner's debts. 3. And be it further enacted, That where any person shall die Eschented lands indebted, seized of lands which shall become escheat to the commonwealth, not having personal property sufficient to pay such debts, the creditor may exhibit his petition before the court of the county in which such escheat shall take place, or in the court of the district wherein such county is situated, making the escheator of such county a party defendant, who shall defend such claim, and the said court shall proceed to judgment according to the right of the Commencement. Additional trus. tees appointed. Commencement. Lottery authorized. Commencement. Penalty for manufacturing tobacco case, and render the same for such sum as shall appear to be due to such petitioner, if any thing; and it shall be the duty of such escheator, on such judgment being rendered, to satisfy and pay the amount thereof, if the proceeds of the sale shall be sufficient and yet in his hands; and if the same shall have been paid into the treasury, the auditor shall and he is hereby required, on a copy of such judgment properly authenticated being filed, to issue a warrant, and the treasurer shall pay the amount, or so much as has been received on account of such sale. 4. This act shall be in force from the first day of May next. CHAP. 78.-An ACT to amend the act, intituled, "An act to establish an aca- 1. Be it enacted by the general assembly, That in addition to the trustees named in the act passed the twelfth day of January, one thousand eight hundred and three, entituled, "An act to establish an academy in the county of Albemarle, and for other purposes;" James Lewis, Isaac Miller, William W. Hening, John Harris, Benjamin Brown, Thomas C. Fletcher, John Kelly, Christopher Hudson and Rice Garland, gentlemen, shall be, and hereby are appointed trustees of the said academy, and shall have the like powers as are granted to the other trustees thereof by the said recited act. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 79.-An ACT to raise by lottery or lotteries, a sum of money for the use of Belfield academy. (Passed January 20, 1804.) 1. Be it enacted by the general assembly, That it shall and may be lawful for Belfield Starke, Person Turner, William Starke, Alexander Madill, William Purnell, Braxton Robinson, Philip Claiborne, Joseph Wilkins, Thomas Turner, William W. Wilkins, Edmund Mason, Joshua C. Lundy, Michael Wall, James Lanier and Lewis Dupree, gentlemen, or a majority of them, to raise by way of lottery or lotteries, the sum of five thousand dollars, which shall be paid by them into the hands of the treasurer of Belfield academy, in the county of Greensville, to be applied to the benefit and use of the said academy, under the direction of the trustees thereof, or a majority of them, in such manner as to them shall seem best. 2. This act shall commence and be in force from the passing thereof. CHAP. 80.-An ACT to amend an act concerning the manufacture of tobacco. [Passed January 24, 1804.] 1. Be it enacted by the general assembly, That if any person shall without a license presume to stem or manufacture tobacco without having obtained a license in the manner prescribed by the act passed the twentieth of January, one thousand eight hundred and one, he shall for every such offence, forfeit and pay the sum of one hundred dollars, to be recovered by an action on the case, wherein the defendant shall be ruled to bail, in the name of the deputy attorney of the county or corporation in which such offence shall be committed, for the use of the commonwealth; the expences of which prosecution shall be certified by the court in which the prosecution was carried on, and the auditor is hereby authorized to grant a warrant upon the treasurer for the same. And the said offender shall moreover forfeit and pay the sum of ten dollars for every ten pounds of tobacco so by him or her stemmed or manufactured, to be recovered by a warrant before any justice of the peace for the county or corporation in which the offence shall be committed, one half of which fine shall be to the use of the informer, and the other half shall be applied towards lessening the county or corporation levy; and moreover, it shall be the duty of the magistrate before whom such warrant shall be tried, to order all the tobacco found in such stemmery or manufactory, together with every sort or kind of implement employed in the same, to be seized and kept by the proper officer of the county or corporation, until the next court to be held for the same, when it shall be the duty of the said court to direct the same to be publicly sold, the proceeds of which sale shall be applied one half to the use of the informer, and the other half to be applied towards lessening the county or corporation levy. 2. It shall be the duty of the county or corporation courts in Inspectors to be which any licenses to stem or manufacture tobacco shall have been appointed. granted, to appoint, at their sessions in the month of April in each year, a fit and suitable person to act as inspector of the said county or corporation for one year, whose duty it shall be to inspect all ma- Their duty. nufactured tobacco within the same; and if, in his opinion, such tobacco be good, clean and merchantable, he shall pass the same, stamp or mark the cask wherein it is packed or prized, and grant a certificate, that the same has been inspected according to law. He shall inspect no tobacco, for which the manufacturer shall not produce a manifest, and is hereby authorized and directed to seize such tobacco wherever it may be found, dispose thereof, and pay the money arising therefrom, into the public treasury. The com- His pay. pensation for his services shall be fixed by the court which made his appointment, to be paid by the stemmer or manufacturer according to the services actually performed. without a certiti 3. And if any person shall presume to sell tobacco stemmed or Penalty for selling manufactured, within this commonwealth, without the inspector's certificate, he shall be subject to the like penalty of ten dollars for every ten pounds of manufactured tobacco so by him sold, or offered to be sold, to be recovered in like manner as directed by this act. farmers in any 4. Nothing herein contained shall be so construed as to prevent Not to affect planters or farmers in country places, from stemming or manufac- county west of the turing tobacco, the produce of their own farms or plantations; nor Blue Ridge. shall this act extend to any county westward of the Blue Ridge, nor to any county in which there is no inspection established by law. branded. 5. Be it further enacted, That every person so manufacturing, Casks to be shall cause to be branded upon the cask containing the tobacco so stemmed or manufactured, his own name and the name of the county in which he shall reside; which said brand or mark shall *This refers to the justify any person in selling the same, notwithstanding the provi- consequence of sions contained in section sixth* of this act. 6. This act shall commence and be in force from and after the passing thereof. 2nd section in the engrossed bill being amended. Commencement. List of delinquencies allowed. Commencement. Lottery authorized. Commencement. Fine remitted. Commencement. Clerks of chancery courts allowed the commonwealth as individuals. CHAP. 81.-An ACT concerning John Smith. 1. Be it enacted by the general assembly, That the auditor of public accounts is hereby authorized and required, to receive the list of delinquents and insolvents of John Smith, collector of the revenue for the county of Batetourt, for the year one thousand eight hundred and one, which was certified before the court of the said county in the year one thousand eight hundred and three, and allow him a credit therefor. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 82.-An ACT to raise by way of lottery or lotteries a sum of money for the benefit of the Petersburg academy. (Passed January 21, 1804.) 1. Be it enacted by the general assembly, That it shall and may be lawful for Joseph Jones, Robert Bolling, James S. Gilliam, John Wilder, William Wills, Robert Birchett, Roger Atkinson, William Prentiss, James Campbell, James Byrne, and William Clarke, gentlemen, or a majority of them, to raise by way of lottery or lotteries the sum of five thousand dollars, which shall be paid by them into the hands of the treasurer of the Petersburg academy, to be applied to the benefit and use of the said academy, under the directions of the trustees thereof or a majority of them, in such manner as to them shall seem best. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 83.-An ACT concerning John Leprade, deceased. (Passed January 24, 1804.) 1. Be it enacted by the general assembly, That the fines imposed on John Leprade, deceased, in his life time, while acting under the commission of captain, in the county of Goochland, amounting to seventy-five dollars, by the court martial of the said county, are hereby, and to all intents and purposes, fully remitted. 2. This act shall commence from and after the passing thereof. CHAP. 84.-An ACT to amend the seventeenth section of the act, intituled, "An act reducing into one the several acts concerning the fees of certain officers, and declaring the mode of discharging the said fees and county levies." (Passed January 20, 1804.) 1. Be it enacted by the general assembly, That the clerks of the same fees against several superior courts of chancery shall receive for services rendered the commonwealth, the same fees as are by law allowed for similar services in suits and controversies between individuals, and no other compensation or allowance. Their fee bills against the commonwealth, having been first examined and certified by their respective courts, shall be paid, on a warrant from the auditor, out of any money in the treasury. Repealing clause. Commencement. 2. All acts or parts of acts, coming within the purview of this act, shall be, and the same are hereby repealed. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 85.-An ACT to amend the act, intituled, " An act to establish a drawbridge over the Eastern branch of Elizabeth river within the county of Norfolk, and for other purposes." (Passed January 20, 1804.) 8. branch of Eli 1. Be it enacted by the general assembly, That it shall and may Draw-bridge to be be lawful for the Norfolk draw-bridge company, to cause a toll erected across the draw-bridge not less than twenty-four feet in width, with strong zabeth river. railing on both sides, to be erected from the lands of William Pennock on the east side of the southern branch of Elizabeth river in the county of Norfolk, across the said branch to the navy yard, if the consent of the United States should be obtained, if not, then the said bridge may be conducted to the most convenient land that can be obtained for that purpose, near to and above the said yard. The said company shall cause the said bridge to be built upon the same terms; to increase their stock by new shares in the same manner; receive the same tolls; and be subject to the like penalties and conditions as are prescribed for the erection of a drawbridge across the eastern branch of the said river, by the act passed at the last session of assembly, intituled, "An act to establish a draw-bridge over the Eastern branch of Elizabeth river within the county of Norfolk, and for other purposes." law repealed. 2. And be it further enacted, That so much of the tenth sec- Part of a former tion of the above recited act, as compels the said company to run a straight road one mile at the least, so as to intersect the main road leading from Washington to the Great Bridge, shall be, and is hereby repealed; but the said company shall be and they are hereby authorized and empowered to straighten, in such manner as shall to them seem best, the roads leading to and from the bridges erected, or to be erected, by virtue of this, or the before recited act; and for that purpose shall have power to procure materials in the manner prescribed in other cases by the act herein first recited. 3. All acts and parts of acts coming within the purview of this Repealing clause. act, shall be, and are hereby repealed. 4. This act shall be in force from the passing thereof. CHAP. 86.-An ACT for continuing a guard in the city of Richmond. (Passed January 17, 1804.) Commencement. 1. Be it enacted by the general assembly, That for the purpose Guard continued. of guarding the public property in the city of Richmond, the guard as enlisted and established by the act passed the twenty-second day of January, one thousand eight hundred and one, entituled, "An act to establish a guard in the city of Richmond," shall be, and is hereby continued: Provided however, That this act shall not be Proviso. construed so as to continue in service any of the guard raised in virtue of the said act, after the commission of an offence for which he or they ought to be cashiered or discharged, to be judged of in the manner hereinafter mentioned. constitute tho 2. The said guard exclusive of commissioned officers, shall con- officers and prisist of sixty-eight men including non-commissioned officers and vates necessary to musicians. The commissioned officers shall be one captain, one guard. lieutenant and one ensign. And that the said company may be constantly kept up to the number of sixty-eight men as aforesaid, it shall be lawful for the commanding officer of the said company, to cause to be enlisted from time to time, so many able-bodied men, being citizens of the United States, as may be necessary, who shall |
