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 vexatious and malicious prosecutions, and moderating amercements." Penalty on justices If any justice before, whom any person is charged with any such and sheriffs for ne crime or offence, shall commit such person to jail, and neglect or glect 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 summoned, 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, to the use of the commonwealth, to 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 recover, he or she, beside damages, shall recover double costs. How to be recovered. Witnesses' recog nizances to be transmitted to district courts. on in case of a breach. Also on prisoners' recognizances, which are to be 2. Be it further enacted, That, when any person shall be sent by a county or corporation court to the district court, to be tried for treason or felony, the clerk of the court of the county or corporation 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 the district court to issue a writ or writs of scire facias, upon which the like proceedings shall be had as if the recognizance of the witness 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 issued. In like manner, the clerk of the court of any county or corporation 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 tried 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 his 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 clerks had they been entered into in the district courts. Any clerk failfor neglect 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 trict courts. sum of fifty dollars, to be recovered in any court of record by action of debt or information. examined more 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 in 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. may adjourn to a 4. Be it further enacted, That a court held by virtue of this or Examining court the before recited act, for the examination of any person charged subsequent 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. court till examin 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. courts. verdict not to be 6. Be it further enacted, That after the verdict of twelve men, Judgment after no judgment on any indictment or information for felony, or any stayed for defect other offence whatsoever, shall be stayed or reversed for any sup- it indictment, if 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 set 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 to bail. cases. 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 in Williamsburg. (Passed January 23, 1804.) clause. built. 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 ditor of public accounts is hereby authorized and required to issue shall be paid. to the order of the court of directors a warrant or warrants on the treasury, for any sum not exceeding four hundred and fifty pounds, Proviso. Slaves may be removed from Alexandria county to this state. Repealing clause. Commencement. Laws concerning processioning lands west of the Blue Ridge suspended. Commencement. in addition to the sum appropriated for the use of the said hospital, to be paid out of any money in the treasury not otherwise appropriated, and to be applied by the said court towards the erection of said building: Provided, That it shall not be lawful for the said directors to expend in the erection of the said building more than the sum herein before mentioned; nor shall the commonwealth in any event be liable for any excess. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 97.-An ACT authorizing the removal of slaves from the county of (Passed January 21, 1804.) 1. Be it enacted by the general assembly, That it shall and may be lawful for any citizen of this commonwealth, or of the county of Alexandria, in the District of Columbia, owning lands within this state, who has carried, or may hereafter carry or send, any slave or slaves into the county of Alexandria, in the district aforesaid, and "who has not there sold such slave or slaves, to remove him, her or them back again into Virginia, without incurring any penalty therefor, nor shall such slave or slaves be entitled to freedom on that ac count. 2. All acts and 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. 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 to the counties west of the Blue Ridge. (Passed January 30, 1804.) 1. Be it enacted by the general assembly, That the operation of the several laws concerning the processioning of lands within this commonwealth, so far as the said laws respect settling the titles and bounds, and directing the mode of processioning lands on the west side of the Blue Ridge, shall be suspended for the term of eight years, from and after the commencement of this act. 2. This act shall commence and be in force from the passing thereof. Fine remitted. Commencement. Day changed for holding Frede CHAP. 99.-An ACT remitting a fine to Elisha Hall. (Passed January 28, 1804.) 1. Be it enacted by the general assembly, That the fine imposed on Elisha Hall, by the district court of Fredericksburg, for raffling off a pair of horses, amounting to four hundred dollars, shall be, and the same is hereby, to all intents and purposes, fully remitted. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 100.-An ACT for changing the days of holding certain courts. (Passed January 30, 1804.) 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. court. 2. And be it further enacted, That a court of quarter sessions When quarter sesshall be holden 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 here after 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, after 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. CHAP. 101.-An ACT exonerating John Rice and James Martin from the payment of certain judgments therein mentioned. (Passed January 26, 1804.) Commencement. leased. 1. Be it enacted by the general assembly, That John Rice, an John Rice reinspector of tobacco at Lynch's warehouse in the county of Campbell, shall be, and he is hereby released from the payment of a judg ment 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 inspector 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.] James Martin released. Commencement. established. 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. When courts shall be held. Courts to be held To appoint a clerk and erect public buildings. 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 mouth of Little Hurricane creek, thence crossing the Kanawha 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. 2. A court for the said county of Mason shall be held by the justices thereof, on the first Tuesday 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 commission directed. 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 administered the oath of office to, and taken bond of the sheriff according to law, proceed to appoint and qualify a clerk; and thenceforth the said court shall proceed to erect the necessary public buildings at the town of Point Pleasant above mentioned, which shall hereafter become the seat of justice for the said county of Mason: 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 Kanawha to collect all arrearages. Executive to appoint a sheriff. Kanawha to have jurisdiction of all depending suits. Mason to remain in the same district with Kanawha. Commencement. 4. It shall and may be lawful for the sheriff of the county of Kanawha 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 accountable for the same in like manner as if this act had never been made. 5. The governor, with the advice of council, shall appoint a person 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. 6. The court of the said county of Kanawha shall have jurisdiction 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. 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. 8. This act shall commence and be in force from and after the passing thereof. |