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Penalties on offi. which execution shall be directed, levied and accounted for, and cer for neglect of duty.
the sheriff or other officer in whose hands it may be placed shall be liable to the same penalties for neglect of duty, as are prescribed by
law in other cases of executions on behalf of the commonwealth. Clerk to take re
And for the more effectual collection and payment of the said fines, ceipt for execu forfeitures, penalties and amercements, it shall be the duty of every tion, &c. and transmit same to clerk issuing an execution as aforesaid, to obtain from the sheriff or
other officer to whom it is directed a receipt therefor, a copy of which receipt, together with a copy of the execution and of the judgment on which it was founded, certified by the said clerk, shall be transmitted by him to the auditor of public accounts within sixty days after the date of the said receipt; and such certified copies shall be evidence on any motion made against the said sheriff on account of the said execution ; for which services the clerk shall be allowed one dollar, to be paid out of the public treasury. And if any clerk shall fail to transmit any of the aforesaid papers within the time aforesaid, he shall forfeit and pay fifty dollars, to the use of the commonwealth, to be recovered action of debt or information in any
court of record. Duty of auditor. 2. The auditor of public accounts shall, immediately on receive
ing from any clerk the receipt of the sheriff or other officer as aforesaid, debit the said sheriff or officer with the amount thereof in his account of the revenue for that year; and if the said sheriff or officer shall fail to pay the same at the time the public taxes are payable, after an allowance for insolvencies to be made by the court of his county or corporation, such sheriff or other officer shall be subject to the same proceedings against them for default, as are or shall be directed in cases of public taxes: Provided, That no sheriff or other officer shall be liable for the amount of any execution directed by this act, which shall not be returnable before the public taxes are due and payable by him into the treasury, until the revenue of the next succe
cceeding year becomes due, at which time he shall pay the amount collected by virtue of such execution as before directed.
3. And whereas it hath been represented that considerable sums of money, arising from fines, forfeitures, penalties and amercements, imposed and adjudged for the use of the commonwealth, remain in the hands of sheriffs and others, who have failed to pay the same into the public treasury:
4. Be it therefore enacted, That the clerks of the several courts where such fines, within this commonwealth, in which any fine, penalty, forfeiture or
amercement may have been imposed or adjudged to the use of the commonwealth, shall within three months after the commencement of this act, transmit to the auditor of public accounts correct lists of all writs of capias pro fine, or other writs of execution that have issued from their respective offices on judgments rendered, since the first day of January, one thousand seven hundred and ninetysix, for any fine, penalty, forfeiture or amercement appropriated by law, either in part or the whole, to the use of the commonwealth, together with their amount severally, the officer's name to whom delivered, and the return of such officer, if any be made. Every clerk failing to transmit such list shall forfeit the sum of fifty dollars, to be recovered by motion in the general court by the auditor of public accounts, for the use of the commonwealth, on ten days previous notice.
Duties of clerks
&c. are now due.
5. And be it further enacted, That it shall be the duty of the au- Duty of auditor. ditor of public accounts, on receiving such list, to proceed against such sheriff or other officer, from whose return it shall appear that he has collected any fine, penalty, forfeiture or amercement, or part thereof, by motion in the general court, on ten days previous notice, for the amount so collected; on which motion, the list certified by the clerk shall be admissible evidence.
6. And be it further enacted, That it shall be the duty of the clerk Clerks to deliver of every court, in which any such fine, penalty, forfeiture or amerce- since 1996 to alment has been imposed or adjudged, to furnish the attorney prose-torney prosecuting cuting on behalf of the commonwealth in such court, with a list of wealth. all writs of capias pro fine, or other writs of execution, 'issued since the said first day of January, one thousand seven hundred and ninetysix, and which were delivered to any sheriff or other officer, and not returned. And it shall be the duty of such attorney to proceed by motion in such court against such sheriff or other officer for failing to return such process; and such sheriff or other officer, having ten days previous notice, shall be liable to the same recovery for the use of the commonwealth, as is provided by law for failing to return other exécutions on behalf of the commonwealth. And on any such process being afterwards returned satisfied, in whole or in part, it shall be the duty of the clerk to certify such return to the auditor, who shall proceed to recover the same as herein before directed.
7. And be it further enacted, That it shall not be lawful for any Power of courts as court within this commonwealth to remit any fine, penalty, forfeit-cremitting fines, ure or amercement, except fines imposed for contempts committed against any court, in which case the court shall have power to remit such fine, or any part thereof, for good cause shewn during the term at which the same shall be adjudged: Provided, That no- Proviso. thing herein contained shall extend to cases where by law time is given the party to shew cause, nor to cases where express power is given to the courts to remit such fines, forfeitures, penalties or amerceinents, by the respective acts imposing the same : Provided always, Proviso. That nothing in this act contained shall be construed to extend to such fines, forfeitures, penalties or amercements as are now directed by law to be applied towards lessening the county levy, or which may be otherwise specially appropriated by any act of the general assembly.
8. This act shall commence and be in force from and after the Commencement. first day of June next.
Chap. 76.-An ACT to incorporate a library company in the city of Richmond.
(Passed January 30, 1806.) Whereas, it is represented to the general assembly by the library Preamble. society of Richmond, that from the beginning of their institution in the year one thousand seven hundred and eighty-four, they have gradually accumulated an extensive and valuable library, and that it would greatly promote the good purposes of the institution, if they were made a body corporate: And whereas, the general assembly are desirous of encouraging so laudable an institution :
1. Be it therefore enacted by the general assembly, That the Society incorporasaid society be, and they are hereby made and constituted a body corporate and politic, by the name of the Library Society of Richmond, and by that name shall have perpetual succession and a common seal, with capacity to purchase, receive and possess goods and
sident and direc. tors.
chattels, lands and tenements, in fee or otherwise, and the same to grant, let, sell or assign: Provided nevertheless, That they shall not purchase, receive or possess more lands, tenements, goods or chattels as aforesaid, than shall be sufficient for carrying into effect the beneficial purposes of the institution. And by the name aforesaid, they may sue and be sued, plead and be impleaded, in all causes in
law and equity. To meet annually. 2. And be it further enacted, That the said society shall meet an
nually on the fourth Monday in February in every year, of which
meeting ten days previous notice shall be given in one of the newsAnd appoint pre- papers published in the city of Richmond; and the said society or
a majority thereof, shall elect by ballot out of the members of the society a president and three directors, whose authority shall continue for one year, and until another president and directors are chosen in their stead. If it should happen that a president and directors are not chosen on the day appointed, the members who convene may adjourn the meeting from day to day, not exceeding six days, 'until a president and directors are chosen.
3. The said president and directors, or a majority of them, shall have power to fill up all vacancies which may occur in their own body by death, resignation or removal out of the jurisdiction of the said city of Richmond; to appoint a librarian, a treasurer, and all
other necessary oflicers, and to fix their salaries. To make bye-laws,
4. And be it further enacted, That the said president and directors, or a majority of them, shall have power to make such bye-laws, rules and regulations (not contrary to the constitution and laws of this state or of the United States), as they may think necess
essary and proper for the conduct and government of the said society; subject, however, to the revision and amendment of a majority thereof, who shall be convened for that purpose, at the request of any ten members of the society:
5. This act shall commence and be in force from and after the passing thereof.
Certain sum al-
Chap. 77.-An ACT to provide for the payment of expenses incurred by removing certain prisoners to the penitentiary house.
(Passed January 31, 1806.] 1. Be it enacted by the general assembly, That Tarlton Woodson, formerly sheriff of Prince Edward county, and John Sterne of the county of Stafford, for certain services rendered by them in conveying certain prisoners from their several district jails to the penitentiary be, and are hereby entitled to the same compensation to which they would have been entitled if the said services had been rendered after the passing of an act, entitled, “ An act for paying the erpenses of removing criminals from the district jails to the penitentiary house, and for other purposes :" Provided always, That the said Tarlton Woodson obtain a certificate from the keeper of the said penitentiary house, ascertaining the name of the prisoner, and make oath before some justice of the peace to his account; and the said John Sterne obtain a certificate from the sheriff he attended, ascertaining the number of days he acted as one of the guard, and make oath before some justice of the peace to his account.
2, This act shall be in force after the passing thereof.
Chap. 78.-An ACT to repeal part of the several acts allowing rewards for
(Passed January 31, 1806.) 1. Be it enacted by the general assembly, That all and every Law giving react and acts heretofore made, giving a reward for killing wolves, for killing wolves shall be, and the same are hereby repealed, so far as they may pre- repealed. scribe that the rewards paid by the county shall be repaid by the public.
2. And be it further enacted, That all acts and parts of acts al. As to county of lowing a reward for killing wolves, so far as the same respects the county of Russell be, and the same are hereby repealed.
3. This act shall commence and be in force from the passing Commencement. thereof.
Caar. 79.–An ACT to amend an act authorizing Talbot Godwin to erect a
toll-bridge from the town of Suffolk over the eastern branch of Nansemond river.
(Passed January 31, 1806.] 1. Be it enacted by the general assembly, That so much of the Certain persons to fourth section of the act, entitled, “An act authorizing Talbot pay todo
exempted. Godwin to erect a toll-bridge from the town of Suffolk over the eastern branch of Nansemond river," as exempts from the payment of tolls, members of congress, members of the general assembly of this commonwealth, judges of the general court, attornies, suitors, witnesses or veniremen attending the district court of Suffolk, shall be and the same is hereby repealed :
2. Provided, That nothing herein contained shall be construed Provisó. to authorize the collection of tolls from any citizen of Nansemond county.
3. This act shall commence and be in force from and after the Commencement. passing thereof.
Chap. 80.-An ACT concerning the auditor.
(Passed February 1, 1806.) 1. Be it enacted by the general assembly, That the executive Executive may shall be authorized to grant leave of absence to the auditor, from other and oter Fleave the city of Richmond, whensoever such permission will not be in- Richmond. compatible with the public interests; and during the absence of the auditor, the chief clerk shall discharge the duties of the office, in like manner as by law he is authorized to perform such duties in case of the sickness of the auditor.
2. This act shall be in force from and after the passing thereof. Commencement.
Cuap. 81.-An ACT giving further time to the proprietors of certain lands, forfeited for the non-payment of taxes, to redeem the same.
(Passed February 1, 1806.) 1. Be it enacted by the general assembly, That the proprietors of Further time to rolands forfeited to, and vested in the commonwealth, by the non-pay-ed for non payment ment of taxes, agreeably to the act, entitled, “ An act more effec- of taxes. tually to provide for the payment of taxes upon lands within this commonwealth,” may redeem the same by paying into the treasury of this commonwealth, on or before the first day of March, in the year eighteen hundred and seven, all arrears of taxes due thereon,
2. This act shall commence and be in force from and after the Commencement. passing thereof.
Commissioners to ascertain route for
Chap. 82.-An ACT appointing commissioners to view the way for a naviga
ble canal from Roanoke to Appomattox.
(Passed February 1, 1806.) Whereas it is represented to be practicable to cut a navigable canal from the waters of Roanoke to the head of Buffaloe creek, and to connect the same by the said creek with the river Appomallox:
1. Be it therefore enacted, That Creed Taylor, Isaac H. Coles, canal to connector Joseph Wyatt, Richard K. Randolph, Samuel Carter, Charles Scott waters of Roanoke and William B. Banks, be, and they are hereby appointed commis
sioners, the duty of whom, or of any threc of them, it shall be, to examine the route most convenient for such a communication, and
report thereupon their opinion to the next assembly. Commissioners to 2. And be it further enacted, That Samuel Goode, Charles G. ascertain route for Field, John B. Goode, George K. Taylor, James Harrison, Thomas Roanoke with na. Maclin, Francis Hill, John Shore, Robert Bolling and Benjamin Appomattox.
Harrison, gentlemen, or any three of them, be appointed, and hereby are appointed commissioners to view and report to the next general assembly the most convenient route for connecting the waters of Roanoke with the navigable waters of Appomattox.
with Buffaloe creek.
vigable waters of
Chap. 83.-An ACT concerning Joseph Woodson and Carter B. Harrison.
(Passed February 1, 1806 ) Preamble. Whereas a military certificate amounting to one hundred and
twelve pounds, three shillings and four pence, issued in the name of Philip Gough, and came into the possession of Joseph Woodson,
was by him lost, and never has been recovered: Auditor to issue to 1. Be it therefore enacted by the general'assembly, That the auJoseph Woodson. ditor of public accounts is hereby authorized and required to issue tain certificate. to Joseph Woodson a duplicate of a military certificate, dated the
twenty-ninth day of July, one thousand seven hundred and eightythree, for one hundred and twelve pounds, three shillings and four pence, which was originally issued in the name of Philip Gough, on his giving bond and security to indemnify the commonwealth against any damage that may accrue from the issuing such certifi
And whereas it appears that Benjamin Harrison, now deceased, paid into the public treasury on the fifth day of October, in the year one thousand seren hundred and seventy-nine, the sum of three hundred and sixty pounds, one shilling, paper currency, equal to twelve pounds, seventeen shillings and two pence, specie; and that the said Benjamin Harrison did also, on the eighth day of May, in the year one thousand seven hundred and eighty, pay into the public treasury the further sum of eight hundred pounds, paper currency, equal to thirteen pounds, six shillings and eight pence, specie; and also, that the said Benjamin Harrison did, upon the day and year last aforesaid, pay a like sum of eight hundred pounds, in like currency, and of like specie value, into the public treasury; and upon the same day, the sum of one hundred and eighty pounds, ten shillings, like currency, equal to three pounds and two pence, specie; and it also appearing that the certificate or certificates of
the said payments have been lost or mislaid: Treasurer to liqui 2. Be it therefore enacted, That the treasurer shall be, and he is due the estate of hereby authorized and required, to settle and liquidate the several Benj. Harrison.
sums so deposited by the said Benjamin Harrison, and to grant to the said Carter B. Harrison, a certificate therefor, in the same manner as is directed by the act, entitled, “An act making provision
date certain debt