« SebelumnyaLanjutkan »
or corporation, or in the district court, and shall thereupon proceed in the same manner as prescribed by the act, intituled, "An act directing the method of proceeding against free persons charged with certain crimes, declaring the mode of proceeding on indictments, informations and prosecutions on penal statutes; and for preventing
veratious and malicious prosecutions, and moderating amercements.” Penalty on justices If any justice before whom any person is charged with any such and sloeristå for no crime or offence, shall commit such person to jail, and neglect or of duty
refuse to issue his warrant immediately for summoning the justices of his county or corporation, to hold a court for the examination of the fact; or if any sheriff or serjeant shall neglect or refuse to obey such warrant, or neglect or refuse to return the warrant to the court so suinmoned, endorsing thereon the manner in which he has executed the same, every person so neglecting or refusing hereafter,
shall, in either case, forfeit and pay the sum of one hundred dollars, How to be reca to the use of the commonwealth, io be recovered by action of debt
or information in any court of record; and moreover, shall be subject to the action of the party aggrieved, in which, if he or she re
cover, he or she, beside damages, shall recover double costs. Witnesses' recog.
2. Be it further enacted, That, when any person shall be sent nizances to be
by a county or corporation court to the district court, to be tried for district courts. treason or felony, thc clerk of the court of the county or corpora
tion shall transmit and certify immediately to the clerk of the district court, a copy or copies of the recognizance or recognizances of each and all the witnesses recognized to appear at the district court to give evidence against the prisoner; and if the witness or witnesses so bound to appear, shall fail to appear pursuant to his,
her or their recognizance, the district court shall immediately cause Proceedings there. his, her or their default to be recorded ; and it shall be lawful for on in case of a
the district court to issue a writ or writs of scire facias, upon which breach.
the like proceedings shall be had as if the recognizance of the wilness or witnesses had been taken in the district court: Provided, That the witness or witnesses shall first be summoned to shew cause,
if any he, she or they can, why such scire facias should not be is. Also on prisoners' sued. In like manner, the clerk of the court of any county or correcognizances,
poration shall certify and transmit to the clerk of the district court, transmitted to dis. a copy or copies of the recognizance of any prisoner let to bail
who is to be iried in the district court, and also a copy or copies of the recognizance or recognizances of his or her bail; and if any prisoner let to bail shall fail to appear in the district court pursuant to his or her recognizance, the district court shall immediately cause his or her default to be recorded, and shall issue a writ or writs of scire facias against the prisoner and bis or her bail, upon which the like proceedings shall be had as if the prisoner had been let to bail by the district court. The copy or copies of all recognizances so certified and transmitted to the clerks of the district courts by virtue of this .act, shall be admitted and received as evidence in the said
courts, in like manner as the original or originals might have been Penalty on clorks had they been entered into in the district courts. Any clerk failfor noglect of duty.
ing to perform the duties required of him by this act, shall forfeit and pay for each failure, to the use of the commonwealth, the sum of one hundred dollars, to be recovered by action of debt or information in any court of record. Any clerk failing to perform the duties required of him by the twentieth section of the before recited act, shall forfeit and pay, to the use of the commonwealth, the
which are to be
sum of Rfty dollars, to be recovered in any court of record by action of debt or information.
3. Be it further enacted, That if any person charged with any Prisoners not to be crime or offence against the commonwealth shall be acquitted or than once for same discharged from further prosecution by the court of the county or offence. corporation in which the offence is or may by law be examinable, he or she shall not thereafter be examined, questioned or tried for the same crime or offence, but may plead such acquittal or discharge ia bar of any other or further examination or trial for the same crime or offence, any law, custom, usage or opinion to the contrary in any wise notwithstanding.
4. Be it further enacted, That a court held by virtue of this or Examining court the before reciled act, for the examination of any person charged sulxsequent day if with any crime or offence against the commonwealth, may for good necessary. cause shewn adjourn to any subsequent day: Provided, That they shall not adjourn for a longer period than three days, except on the application of the prisoner, and then for not more than ten days from the day of adjournment, at which time such proceedings shall be had as if the court had proceeded to the examination of the fact at their first sitting.
5. Be it further enacted, That before any person charged with Criminal not to be treason or felony shall be tried before a district court, he or she tried in district shall be examined in the manner prescribed by law by the court of ed in inferior the county or corporation wherein the offence was committed.
6. Be it further enacted, That after the verdict of twelve men, Judgment after no judgment on any indictment or information for selony, or any stayed for defect other offence whatsoever, shall be stayed or reversed for any sup-it. indictinent, it
offence is plainly posed defect or imperfection in any such indictment or information, stated. so as the felony or offence therein charged to have been committed or done, be plainly and in substance sei forth with convenient certainty, so as to enable the court to give judgment thereupon according to the very right of the cause, any former law, custom or usage to the contrary notwithstanding.
7. Nothing in this act contained shall be so construed as to ap- This act not to apply to any indictment or information already filed and now depend- ply to certain ing, or in any manner to repeal the act directing the mode of suing out and prosecuting writs of habeas corpus, or the act directing what prisoners shall be let lo bail.
8. All acts and parts of acts within the purview of this act are Repealing clause. hereby repealed.
9. This act shall commence and be in force from and after the Commoncing first day of April next.
Chap. 96.-An ACT authorizing an addition to be built to the lunatic hospital
(Passed January 23, 1804.) 1. Be it enacted by the general assembly, That the court of di- Addition to be rectors of the lunatic hospital in the city of Williamsburg shall be and they are hereby authorized and required to cause to be erected and built an addition to the present hospital in the said city, or a separate building, at their discretion for the accommodation of the patients, the keeper and matron of the said hospital. And the au- How the expence
shall be paid. ditor of public accounts is hereby authorized and required to issue to the order of the court of directors a warrant or warranis on the treasury, for any sum not exceeding four hundred and fifty pounds,
in addition to the sum appropriated for the use of the said hospital,
2. This act shall commence and be in force from and after the
moved from Aler
Chap. 97.–An ACT authorizing the removal of slaves from the county of
(Passed January 21, 1804.)
be lawful for any citizen of this commonwealth, or of the county of
act, shall be and the same are hereby repealed. Commencement. 3. This act shall commence and be in force from and after the
Laws concerning processioning landg west of the Blue Ridge sugpeaded.
Chap. 98.–An ACT suspending for a certain time, the operation of the several
laws directing the mode of processioning of lands, so far as the same relate
(Passed January 30, 1804.)
2. This act shall commence and be in force from the passing
Chap. 99.–An ACT remitting a fine to Elisha Hall.
(Passed January 28, 1804.)
2. This act shall commence and be in force from and after the
Chap. 100.-An ACT for changing the days of holding certain courts.
(Passed January 30, 1804.) Day changed for 1. Be it enacted, That the court of hustings for the corporation ricksburg hustings of Fredericksburg, shall in future be holden on the fourth Monday
in every month, instead of the days heretofore appointed by law.
2. And be it further enacted, That a court of quarter sessions when quarter sesshall be bolden by the justices of the said court of hustings, in each sions shall be held. of the months of February, April, July and December, instead of the months heretofore appointed by law, for holding the quarterly sessions of said court.
3. And be it further enacted, That the days for holding courts Court days of Lee in the county of Lee, shall hereafter be on the fourth Tuesday in county altered. every month; and the quarter session for the said county, shall hereafter be holden in the months of March, May, August and October, in every year.
4. This act shall commence and be in force from and after the Commencement. first day of April next.
Chap. 100.*-An ACT authorizing the auditor of public accounts to issue a
warrant on the treasury in favour of the representatives of Hugh Innes, deceased.
(Passed January 27, 1804.) Whereas there is reason to believe that two hogsheads of tobacco Preamble. inspected at Johnson's warehouse, the second of August one thousand seven hundred and ninety-three, were the property of Hugh Innes, deceased, which tobacco, afier remaining two years unapplied for, in the said warehouse, was sold by the inspectors and the money arising therefrom, paid into the treasury agreeable to law:
1. Be it therefore enacted, That the auditor of public accounts Warrant to issue. shall be, and he is hereby authorized, to issue a warrant on the treasurer in favour of the representatives of Hugh Innes, deceased, for one hundred and six dollars and ninety-eight cents, it being the amount for which the aforesaid two hogsheads of tobacco were sold.
2. This act shall be in force from the passing thereof.
Casp. 101.-An ACT exonerating John Rice and James Martin from the pay
ment of certain judgments therein mentioned.
(Passed January 26, 1804.) 1. Be it enacted by the general assembly, That John Rice, an John Rice re
leased. inspector of tobacco at Lynch's warehouse in the county of Campbeli, shall be, and he is hereby released from the payment of a judgment recovered against him on behalf of the commonwealth in the general court, at the November term one thousand eight hundred and three, for failing to account for and pay the duty on tobacco exported from the said warehouse between the first day of October, one thousand eight hundred, and the first day of October, one thousand eight hundred and one; and that James Martin, also an inspec- James. Martin rotor of tobacco at the said warehouse, shall be, and he is hereby released from the payment of a judgment recovered against him on behalf of the commonwealth in the said court, at the session aforesaid, for failing to account for and pay the duty on tobacco exported from the said warehouse between the first day October, one thousand eight hundred and one, and the first day of October, one thousand eight hundred and two.
2. This act shall be in force from the passing thereof.
Chap. 102.--An ACT for dividing the county of Kanawha.
[Passed January 2, 1804.) 1. Be it enacted by the general assembly, That all that part of County of Mason
. the county of Kanawha, contained within the following boundaries,
* So in the sessions acts.
to wit: beginning at the mouth of Little Guyandott river, running from thence to the north-west corner of a survey of one thousand four hundred and thirty-seven and half acres made for Thomas Lewis in Teaze's valley near the house of Joshua Morris, from thence to the inouth of Little Hurricane creek, thence crossing the Kapawha river and taking a dividing ridge between Eighteen mile and Pocatallico creeks to the end thereof, thence pursuing a north-east direction till it intersects the Wood county line to the Ohio, thence down the Ohio to the beginning, shall, from and after the first day of May next, form one distinct county, and be called and known by
the name of Mason county. When courts shall 2. A court for the said county of Mason shall be held by the jusbe held.
tices thereof, on the first Tuesday in every month after the same shall take place, in like manner as is provided by law for other coun
ties, and shall be by their commission directed. Courts to be held 3. The justices to be named in the commission of the peace for at Point Pleasant. the said county of Mason, shall meet at Point Pleasant, in the said
county, upon the first court day after the said county shall take place, and having taken the oaths prescribed by law, and adıninis
tered the oath of office to, and taken bond of the sheriff according To appoint a clork to law, proceed to appoint and qualify a clerk; and thenceforth the and direct public said court shall proceed to erect the necessary public buildings at buildings.
the town of Point Pleasant above mentioned, which shall hereaster become the seat of justice for the said county of Mason ; Provided always, That the appointment of a clerk shail 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 Kana 4. It shall and may be lawful for the sheriff of the county of Kawha to collect all nawha to collect and make distress for any public dues and officers'
fees, which shall remain unpaid by the inhabitants of the said county of Mason at the time the said county takes place, and shall be aca countable for the same in like manner as if this act had never been
made. Executive to ap 5. The governor, with the advice of council, shall appoint a perpoint a sheriff,
son to be first sheriff of the said county of Mason, who shall continue in office during the term, and upon the same conditions as are
by law appointed for other sheriffs. Kanawha to have 6. The court of the said county of Kanawha shall have jurisdicjurisdiction of all tion of all actions and suits depending before them at the time the
said county of Mason takes place, and shall try and determine the
same, and award execution thereon. Mason to remain 7. The said county of Mason shall remain in the same district
with Kanawha, for which district courts are holden at the Sweet springs, and be of the same brigade district, in like manner as if this act had not been made. In all future elections of a senator, of a representative in congress, and of an elector, the said county
of Mason shall be of the same district as the county of Kanawha. Cominencement. 8. This act shall commence and be in force from and after the
in the same dig. trict with Kana. wha.