person professeth himself or herself to be a member, or to join in communion with, or shall use the solemnity and ceremony, and repeat the formulary which, in his or her opinion, is or ought to be observed on such occasions, according to the religion in which such person professeth to believe, he or she shall thereupon be deemed as competent a witness, or be as duly qualified to execute an office, or perform any other act, to the sanction whereof an oath is or shall be required by law, and shall be subject to the same rules, derive the same advantages, or incur the same penalties or forfeitures, as if he or she had sworn. 2. So much of any act or acts as comes within the purview of this Repealing clause. act, shall be, and is hereby repealed. 3. This act shall be in force from the passing thereof. CHAP. 10. An ACT to punish certain thefts and forgeries. Commencement. persons frandu 1. Be it enacted by the general assembly, That if any person Punishment on shall fraudulently obtain, or aid or assist in obtaining from the Bank lently obtaining, of Virginia, or any of its offices of discount and deposit, any bank &c. bank notes. or post note, or money, by means of any forged or counterfeit check or order whatsoever, knowing the same to be forged or counterfeited, then every such person being duly convicted thereof, shall be sentenced to suffer imprisonment in the jail and penitentiary house for a period of time not less than two, nor more than ten years. counterfeiting 2. And be it further enacted, That if any person shall forge or For forging or counterfeit, or aid in forging or counterfeiting, or keep or conceal, the or aid in keeping or concealing any instrument for the purpose of forging or counterfeiting the seal of the Bank of Virginia, then every such person, being duly convicted thereof, shall be sentenced to suffer imprisonment in the jail and penitentiary house for a period of time not less than five years, nor more than fifteen years. 3. And be it further enacted, That if any person shall steal or For stealing from take by robbery from another any bank or post note, then every them. or robbery of such person, being duly thereof convicted, shall be sentenced to suffer imprisonment in the jail and penitentiary house for a period of time not less than three years, nor more than ten years. 4. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 11.-An ACT concerning ideots and lunatics. (Passed January 6, 1807.) be received into hospital for want 1. Be it enacted by the general assembly, That when the court Person refused to of directors of the hospital at Williamsburg for the reception of persons of unsound minds, shall for want of room or other cause, of room. refuse to receive any person sent to the said hospital, under the act, entitled, "An act reducing into one the several acts making provision for the restraint, support and maintenance of ideots and lunatics, and the preservation and management of their estates," the officer and guard to whom such ideot or lunatic, or supposed idcot or lunatic was entrusted, shall carry him or her back to the magistrates before whom the examination was had, who are authorized Magistrate to grant certificate of and required to give to the officer conducting such ideot or lunatic, Service. or supposed ideot or lunatic, a certificate of the services so performed by himself and guard, and of the distance of the said hos And auditor to issue warrant to pital from the place whence such ideot or lunatic, or supposed ideot or lunatic was sent; and upon production of such certificate to the officer and guard. auditor of public accounts, he shall issue a warrant in favour of such officer and guard, for their services and travelling expenses, allowing to each five cents per mile for going to the said hospital, and the same for returning, besides ferriages, and allowing further to such officer, four cents per mile going, and the same returning, for each ideot or lunatic, or supposed ideot or lunatic, besides ferriages, to be paid out of any monies in the public treasury. When insane person must be confined in prison, jailor entitled to fees, &c. Expenses to be defrayed by estate of insane person. Repealing clause. Commencement. Preamble. Person leaving Where land ex tends across state Jine, owner may each side, &c. 2. When upon the return of an insane person to the county whence he or she was sent, it shall be necessary to confine him or her in the jail thereof, the jailor shall be compelled to receive such person, and shall be paid for each day's maintenance of him or her, in the same manner as jailors are now paid for prisoners confined for offences. 3. All expenses under this act shall be reimbursed, in the manner directed by the before recited act, out of the estate of the insane person or persons, on whose account they were incurred, if any he, she or they may have: Provided, Such person or persons be found insane by the said court of directors. 4. So much of any act as comes within the purview of this act, shall be, and the same is hereby repealed. 5. This act shall commence and be in force from and after the passing thereof. CHAP. 12.-An ACT to amend an act, entitled, " An act to amend the several laws concerning slaves." (Passed January 12, 1807.) Whereas inconveniences have arisen from the operation of an act, entitled, "An act to amend the several laws concerning slaves ;" for remedy whereof, 1. Be it enacted by the general assembly, That when any inhabitant of this state, shall have left or shall leave the same, with an intention to return to his or her residence in this state, and shall have carried or shall carry with him or her, his or her slaves, or any of them, every such person shall have the right of bringing back with him or her into this state, such slaves, when he or she shall return again into the same. 2. Be it further enacted, That any person, whose land may extend across the boundary line of this state, or who cultivates land work his hands on adjoining upon both sides of the said line, shall have the privilege of working and removing his or her slaves on either side thereof, according to his or her pleasure; but no slave owned in another state, and so to be employed in this state, shall be sold, or otherwise employed therein. And any person, an inhabitant of this state on the twenty-fifth day of January last, shall also have the right, within six months after the passage of this act, of bringing into this state any slaves, and their increase since that day, whereof he was then and is now, the real owner. Inhabitant of other state may 3. Any person, an inhabitant of any other state, shall have the bring produce to privilege of employing his or her slaves in carrying his or her produce to any market, or as travelling servants in this state. market in this state with his slaves, &c. 4. All acts and parts of acts, coming within the purview of this Repealing clause. act, are hereby repealed. Commencement. 5. This act shall commence and be in force from and after the passing thereof. CHAP. 13.-An ACT concerning the internal regulations of the penitentiary house. (Passed January 20, 1807.) requiring board of pealed. 1. Be it enacted by the general assembly, That so much of any Penitentiary law act or acts as requires that a board of inspectors shall be appointed inspectors of cerfor the government of the jail and penitentiary house, and ascertain persons, retains their powers and duties; and so much of any act or acts as empowers the said inspectors, with the executive and the attorney general, to form a board, with power to prescribe rules for the internal government of the said jail, shall be and the same are hereby repealed. cutive. 2. Be it further enacted, That it shall and may be lawful for Certain powers the governor, by and with the advice and consent of council, from granted the exetime to time to make and ordain all such rules and regulations as to them shall seem expedient, for the purchase of materials for the manufactories carried on within the jail and penitentiary house, and the tools and implements necessary therein; for contracting for the clothing and diet of convicts; for the sale of articles by them manufactured; for providing for and enforcing all such punishments by solitary confinement, low and coarse diet, or by stripes not exceeding thirty-nine, as may be necessary for punishing offences, disobedience, profane cursing and swearing, indecent behaviour, idleness and other breaches of duty and good order, committed within the jail and penitentiary house by the convicts therein confined; which rules and regulations so ordained and established, it shall be the duty of the keeper, his clerks, assistants and turnkeys to obey and execute. 3. Be it further enacted, That in addition to the powers hereby Certain other vested in the governor and council, it shall and may be lawful for powers granted. them from time to time to execute any or all of the powers and duties at any time heretofore vested in, or enjoined upon, the mayor of the city of Richmond, the court of the said city, the inspectors, or the inspectors with the governor and council, and the attorney general, whenever the exercise of all or any of the powers aforesaid shall to them appear expedient and necessary for the good government of the jail and penitentiary house. tract for diet, raw materials, &c. 4. Be it further enacted, That so much of any act or acts of Executive to conassembly as allows to the keeper of the said jail any commission or commissions upon the purchase or sale of any article or manufacture, shall be, and the same is hereby repealed: But the governor, with the advice of council, may nevertheless contract with the said keeper, or with any other person or persons, for the diet and clothing of the prisoners; for the purchase of materials, tools and implements, and for the sale of wares and merchandize manufactured within the said jail, on such terms as to them shall seem most advisable for the public interest, and from time to time may make such reasonable allowances or commissions on the objects aforesaid, as they shall deem proper. perform their du. 5. The said keeper shall compel every prisoner to perform his Keeper to comdaily labour, unless such prisoner shall have been placed on the pel prisoners to list of invalids by the physician, whose duty it shall be to visit the ties. Duties of physipenitentiary once in every day (Sundays excepted) from the first of cian. July to the first of November, once in two days the residue of the year, for the purpose of examining the convicts as to their health and ability to work. Physician's salary. Commencement. Preamble. Commissioners to certify. Certain number of copies taken by the common. wealth. How to be distributed. Commencement. Suit may be brought against sheriff's where estate is commit ted to them. 6. The salary of the physician appointed by the executive to visit the jail or penitentiary, shall be five hundred dollars, to commence from the first day of January, one thousand eight hundred and seven. 7. This act shall commence in force from and after the passing thereof, CHAP. 14.-An ACT authorizing Samuel Pleasants, junior, to publish a collection of certain public laws of this commonwealth, and for other purposes. (Passed January 7, 1807.) Whereas it hath been represented by Samuel Pleasants, junior, that he hath, at a very considerable expense, prepared for publication a continuation of the Revised Code of laws, containing a collection of all such acts of the general assembly of a public and permanent nature as have passed since the session of one thousand eight hundred and one, together with several other acts of the same nature, which were omitted in the late collections; and the said Samuel Pleasants, junior, having petitioned the legislature to sanction a publication of the same in such manner as to give them legal authority, 1. Be it therefore enacted, That upon the certificate of William W. Hening, William Munford and George W. Smith, or any two of them, being published with the said laws, stating that they had carefully compared the edition of the acts so to be published, with the original 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 hereby authorized and required, to subscribe, on behalf of the commonwealth, for one hundred and fifty copies of the edition proposed to be published as aforesaid; and the sum of four dollars, which is hereby declared to be the price for each copy, shall be paid out of the treasury at the expiration of twelve months from the time of their delivery, on warrant or warrants to be issued by order of the executive. 3. The number of copies so subscribed for on behalf of the commonwealth, shall be distributed by the executive, among the clerks of the several courts within this commonwealth, the clerks of the senate and house of delegates, the auditor of public accounts, treasurer, register of the land office, and clerk of the executive council, so that each have one copy for the use of their respective offices. 4. This act shall be in force from the passing thereof. CHAP. 15.-An ACT directing the mode of proceeding against decedents' 1. Be it enacted by the general assembly, That in cases where on default of the qualification of an executor or an administrator, as the case may be, the estate of a deceased person is committed by any court in this commonwealth to the sheriff, it shall be lawful for any creditor of the deceased to prosecute any action or actions at law, or suit or suits in equity, against such sheriff, which he or she might or could have maintained against an executor or administrator, if one had qualified on the estate of such deceased person; in which action or suit in equity, the court in which it shall be brought shall render a judgment or decree as in ordinary cases; and such judgment or decree, if against the sheriff, shall charge the assets which shall come to his hands, and shall be paid by such sheriff under the order of such court, either by discharging the whole debt, or if there be not sufficient property of the deceased, then in proportion to what other creditors shall receive under the order of the court. And in case such sheriff shall die be- First sheriff dying fore he has fully administered, the succeeding sheriff, or sheriff to be committed then in office, shall take into his hands the estate of such deceased person unadministered; and shall, in all respects relative thereto, act as if the said estate had been originally committed to him; and all suits relative to the said estate commenced by or against his predecessor may be revived by scire facias in his name: Provided, That the same could have been revived by or against an executor or administrator. to his successor. error, &c. may be revived against sheriffs in such cases. 2. And be it further enacted, That where any appeal, writ of Appeal, writ of error, or supersedeas, depending in any court of this commonwealth, shall abate or is now abated by the death of either the appellant or appellee, or the plaintiff or defendant in error, and the estate of such appellant or appellee, plaintiff or defendant in error, shall be committed to the sheriff as before mentioned, it shall be lawful for the court where such appeal, writ of error or supersedeas, is now or shall be hereafter depending, to revive the same by scire facias, in the same manner that it might have been revived if an executor or administrator had qualified. cias. revive 3. And be it further enacted, That where any suit, depending Sheriff may in any court of law or equity, is abated, or shall abate, either by the suits by scire fa death of the plaintiff or the defendant, the same may be revived by scire facias in the name of the sheriff to whom the estate may be committed as aforesaid: Provided, That the same could have been revived by or against an executor or administrator: Provided nevertheless, That in case of a suit brought or revived against a sheriff, or an appeal, writ of error or supersedeas, revived against a sheriff as representing a deceased person as aforesaid, such sheriff shall not be liable for costs, in case a decree or judgment is rendered against him, unless he has assets to defray such costs, and if he has not sufficient assets, then said plaintiff, appellant, or plaintiff in error, shall be liable for so much of said costs as the said sheriff shall not have assets enough to pay. 4. This act shall be in force from and after the passing thereof. Commencement. CHAP. 16.-An ACT concerning impressments. (Passed January 8, 1807.) &o. 1. Be it enacted by the general assembly, That whenever it Property impressshall be necessary to impress any property for the use of this com-ed to be appraised, monwealth, it shall be the duty of the officer or person who impresses the same, to apply to a justice of the peace of the county wherein the property shall be impressed, who shall cause the same to be appraised by two disinterested, respectable housekeepers sworn for that purpose; and if it shall so happen that the property When property is so impressed is totally destroyed or lost in the service of the com- lost or injured, officer to certify. monwealth, so that the same cannot be returned to the owner, the |
