thall have been first nominated to, and approved by the court by whom fuch inspector fhall have been appointed. IV. ALL acts and parts of acts coming within the purview of this act, shall Repealing claufe: be and the fame are hereby répealed. V. THIS act fhall commence and be in force from and after the paffing Commencing claufes thereof. CHAP. CCCII. An Act repealing the act, intituled, An act authorifing the Executive to procure 1. BE arms for the defence of the Commonwealth. [Paffed the 27th of January, 182.] E it enacted by the General Affembly, That the act paffed the twenty- Act for procuring armé fixth day of December, one thousand feven hundred and ninety-five, repealed. intituled, "An act authorifing the executive to procure arms for the defence of the Commonwealth," fhall be and is hereby repealed. Provided however, That Provifo. II. THIS act shall be in force from the paffing thereof. Commencing claufea CHAP. CCCIII. An Act changing the mode of proceeding on indictments and informations in cer Í. tain cafes. [Paffed the 38th of January, 1802.] HEREAS doubts have arisen, whether any information can be filed Preamble. WHE unless the name of a profecutor be written at the foot of fuch information or indictment, for removing thereof; II. BE it therefore enacted by the General Affembly, That where any infor- No profecutor required mation fhall be filed by the attorney for the commonwealth, by exprefs order of in certain cafes. the court entered of record, the party fuppofed to be culpable having failed to appear, and fhew good caufe against fuch order, having been required fo to do by fummons, appointing a convenient time for that purpose, ferved upon him, or left at his ufual place of abode, no profecutor fhall be required on such information. Nor fhall any fuch profecutor be required on an information, or bill of indictment for a trefpafs or misdemeanor filed or fent to a grand jury, which shall be filed or fent to a grand jury, on, and in confequence of a previ ous prefentment of a grand jury made on their own knowledge, or on the information of any two of their own body. III. ALL and every act and acts, claufe and claufes of acts, containing any thing within the purview of this act, fhall be and are hereby repealed: Provided always, That nothing in this act contained, fhall be conftrued to affect any profecution on an indictment or information which fhall have commenced before the paffing thereof. Repealing claufe. Profecutions commenc ed before this act not to be affected. IV. THIS act shall commence and be in force from and after the paffing Commencing claufe: thereof. CHAP. CCCIV. [Paffed the 28th of January, 18c2.] An Act for calling in and registering Certificates of the Public Debt of this State* 1. B E it enacted by the General Affembly, That before a warrant fhall be iffued for the intereft on any certificate of a debt due from this ftate, upon which intereft is allowed by law, the owner or holder of fuch certificate fhall depofit the fame with the treasurer, who shall grant a receipt therefor, fpecifying the amount of fuch certificate, diftinguishing the principal from the intereft thereof; and upon fuch receipt being prefented to the auditor of public accounts, the faid auditor fhall, and he is hereby required, to iffue a new certificate for the principal, and a warrant for the intereft. Owners of certificates to depof them with reafure, before war rants to iffue. II. AND be it further enacted, That if the holder or owner of any certifi- Intereft on certificates cate of a debt due from this ftate, fhall not on or before the first day of Janu- to cease after 18025 una til depofited with trea- ary one thoufand eight hundred and three, make application for a warrant for furer. Provifo. Certificates to be reeeived for arrears of certain taxes. Treasurer to keep a register of certificates. Commencing claufe. the intereft due thereon, fuch intereft fhall ceafe after that period until the faid certificate fhall be depofited with the treafurer as aforefaid. Provided however, that nothing herein contained shall be conftrued to injure or affect the owners or holders of any certificates upon which warrants have been iffued fince the first day of January one thoufand eight hundred and two, but fuch perfons fhall be allowed until the first day of January eighteen hundred and four, to depofit fuch certificates as aforefaid. III. AND be it further enacted, 'That all certificates of debts due from this commonwealth, upon which intereft is allowed by law, fhall be receivable in discharge of any arrears of public taxes due prior to the year feventeen hundred and ninety-eight. IV. THE treafurer of this commonwealth fhall keep in a book or books well bound, a register of all certificates alphabetically arranged, for the principal as aforefaid, and of fuch others as from time to time fhall be paid in dif charge of taxes, or otherwife redeemed, and fhall alfo carefully file and preferve the original certificates depofited with him by virtue of this act, and all others which may be redeemed, fo that the fame may be infpected by the fucceeding General Affembly. V. THIS act fhall be in force, from the paffing thereof. CHAP. CCCV. An Act, to amend the act, intituled, An act to amend an at to reduce into one the feveral acts concerning Slaves, Free Negroes and Mulattoes. Penalty upon mafters · I. [Paffed the 29th of January, 1802.] E it enacted by the General Affembly, That any mafter or skipper of a his Bve the leave or confent of the mafter or overfeer, given in writing, or fhall buy, fell, or receive of, to, or from a flave, any commodity whatfoever, without the leave or confent of the mafter or overfeer given in writing as aforefaid, shall forfeit and pay for every fuch offence, in addition to the penalties now impofed by law, the fum of twenty dollars, to be recovered by warrant from any magiftrate of the county or corporation, by any perfon who will profecute for the fame; upon fervice of which warrant, the offender fhall be taken and remain in cuftody until judgment; and in cafe of conviction, fhall be by fuch magiftrate committed to the jail of his county or corporation, there to re main until payment of the penalty aforefaid: Provided always, That in cafe the fkipper of any veffel be a flave, he thall receive for every fuch offence, thirty-nine lafhes on his bare back, to be inflicted by order of any magistrate of a county or corporation. II. AND be it further enacted, That where an action on the cafe fhall be brought against any mafler or skipper as aforefaid, for dealing with any flave, under the fixteenth fection of the act of Affembly, intituled," An act to reduce into one the feveral acts concerning flaves, free negroes, and mulattoes," fuch mafter or skipper fhall be required to give appearance bail; provided the plaintiff fhall make affidavit before a magiftrate of the cause of fuch action, to be tranfmitted to the clerk of the court wherein the fuit fhall be profe cuted. III. AND be it further enacted, That any perfon who fhall on the fabbath day, buy, fell, or receive, of, to or from a flave, any commodity whatsoever, without the leave or confent of the mafter or overfeer of fuch flave given in writing, or shall buy, fell, or receive of, to, or from any free negro or mu latto, any commodity whatsoever, on the day aforefaid, fhall in addition to the penalties now impofed by law, forfeit and pay the fum of ten dollars, to be recovered by warrant from any magiftrate of the county or corporation, by any perfon who will profecute for the fame. IV. THIS act shall commence and be in force, from and after the paffing thereof. CHAP, CCCIV. An Act for arranging the Counties of this State inte Districts, to choofe Reprefentatives to Congress. [Paffed the 30th of January, 1802.] I. E it enacted by the General Affimbly, That the counties of this com Bmonwealth, and the cities and boroughs entitled to representation, fhall be divided into twenty-two diftricts, in manner following to wit:-The counties of Monongalia, Biocke, Ohio, Harrifen, Wood and Randolph, fhall compofe one district: The counties of Berkeley, Jefferson and flamphire fhall compofe another diftrict: The counties of Frederick and Shenandoah fhall' compofe another district: The counties of Rockingham, Hardy, Pendleton, Augufta and Bath fhall compof: another diflrict: The countics of Greenbrier, Rockbridge, Botetourt, Monroe and Kanawha fhall compofe another diftrict: The counties of Wythe, Tazewell, Montgomery, Washington. Grayfon, Ruffel and Lee fhall compofe another diftrict: The counties of Loudoun, Fairfax and Prince-William fhall compose another district: The counties of Weltmoreland, Richmond, Lancaster, Northumberland, King George and Stafford fhall compose another diftrict: The counties of Fauquier and Culpeper tha! compofe another diftrict: The counties of Orange, Madifon, Louifa and Spotfylvania fhall compofe another diftrict: The counties of King & Queen, KingWilliam, Effex and Caroline fhall compose another district: The counties of York, Middlesex, Mathews, James-City, Gloucefter. Warwick, ElizabethCity, Accomack and Northampton, and the city of Williamsburg fhall compofe another diftrict: The counties of Franklin, Bedford, Patrick and Henry Thall compose another diftrict: The counties of Halifax, Pittfylvania, and Campbell fhall compose another district The counties of Prince Edward, Charlotte, Buckingham and Cumberland fhall compofe another district: The counties of Powhatan, Goochland, Amelia and Chesterfield fhall compofe another difrict: The counties of Brunfwick, Lunenburg and Mecklenburg fhall compose another diftrict: The counties of Dinwiddie, Prince George, including the town of Petersburg, and the counties of Greenfville and Nottoway thall compose another diftrict: The counties of Suffex, Southampton, Surry_and Ile of Wight fhall compofe another diftrict: The counties of Norfolk, Princefs-Ann, Nanfemond and the borough of Norfolk fhall compofe another dif trict: The counties of Albemarle, Amherst and Fluvanna thall compofe another district; and the counties of Henrico, Charles-City, New-Kent, Hanover, and the city of Richmond shall compose another district. Arrangement diftri&tr, II. AND be it further enacted, That the perfons qualified by law to vote for Representatives in con2members to the house of delegates in each county, city and borough compofing greis how to be elected.” a diftrict, fhall affemble at their respective courthouses, on the fourth Wednelday in April, in the year one thoufand eight hundred and three, and also on the fourth Wednesday in April in every second year thereafter, and then and there vote for fome discreet and proper perfon, being a freeholder and refident within fuch district, as a member of the house of reprefentatives for the United States. III. THE high fheriff of each county, or in cafe of his fickness or inability Elections, how to be to attend, one of the deputy sheriffs, or the mayor of any city or borough, or in conducted. cafe of his inability to attend, the recorder of each city or borough entitled to reprefentation, fhall conduct the faid election, at which no determination shall be had by view, but each perfon qualified to vote, fhall fairly and publicly poll, and the name of the voter fhall be duly entered under the name of the perfon voted for, in proper poll books to be provided by the officer conducting the election, for which purpose he fhall appoint fo many writers as he thall think fit, who shall refpectively take an oath, to be administered by him, or make folemn affirmation, that they will take the poll fairly and impartially He shall deliver a poll book to each writer, who thall enter in diftinct columns under the name of the perfon voted for, the name of each elector voting for fuch perfon. Like proclamation and proceeding thall be had for conducting, continuing, and closing the poll in each county of a diftrict, as is prescribed by law in the election of members to the General Affembly; and proclamation fhall also be made at the courthoufe door, or place of holding fuch election, of the perfon having the greatest number of votes on the poll, on the closing thereof. Each elector fhall be entitled to the fame privilege from arreft, and Privilege of ele&tors Hhh and penalty for not vot be fubject to the like penalty and forfeiture for failing to attend and vote at ing. Duties of returning offi ceri. Poll books to be recorded. Certificates of elections to be transmitted to congrefs. Pen-lty on sheriffs, &c. for any neglect of duty. Penalty for bribing e lectors. fuch election, as is prefcribed by law, in the cafe of election of members to the General Affembly. Such failure to attend thall be difcovered and proceeded on in like manner, and under the fame penalties as is by law provided againt fuch failures in the election of members to the General Affembly. IV. IMMEDIATELY after each election in a county, city and borough, held as aforefaid, the clerks of the poll having first figned the fame, fhall deliver it to the fheriff or other officer who conducted the election, and fuch sheriff or other officer, together with the respective sheriffs and other officers who conducted the poll of the feveral counties, cities and boroughs entitled to reprefentation in the district, (but in case of sickness, death or other difability of the offcer who shall have conducted the poll, then any other theriff or officer of the county, and the recorder of any city or borough in which fuch disability may happen) fhall on the eighth day after the election, affemble at the courthoufe of the county first named in fuch district, and then and there compare the polls respectively taken at the elections in their feveral counties, cities and boroughs, and having afcertained by faithful addition and comparifon of the numbers on the refpective polls, the perfon having the greatest number of votes upon the whole, giving their own votes in any cafe of the two foremost on fuch poll hav ing an equal number of votes, fhall proceed to certify fuch election under their hands and feals, in manner and form following, to wit: "We A. B. therif " of - county (or deputy sheriff as the cafe may be) C. D. theriff of County (as the cafe may be) (and fo reciting the name of the the"riff, and whether principal or deputy of each county, and the name of the mayor or recorder, as the cafe may be, of each city or borough entitled to re "prefentation in the diftrict) compofing one entire district entitled by law to "elect a member to the houfe of reprefentatives of the United States, do here"by certify and make known, that at an election held on at the "place of holding elections in our refpective counties, cities and boroughs, par"fuant to law, the electors qualified to vote for members to the house of de"legates, caufed to be chofen one perfon, to wit: G. H. to reprefent the faid "diftrict as a member of the house of reprefentatives for the United States. "Given under our hands and feals this one thou"fand eight hundred and -"Two fair duplicates of fuch certificate and return, fhall be made by the faid fheriffs and other officers under their hands and feals, in the manner before recited, one of which shall be delivered to the perfon elected to reprefent the district, and the other shall be tranfmitted to the governor and council, within twenty days, under the penalty of three hundred dollars, upon each fheriff or other officer, in cafe of failure or neglect herein, to be recovered by motion in any court of record, by the auditor of public accounts, to the use of the commonwealth, on ten days previous notice of fuch motion. day of V. THE faid fheriffs and other officers, fhall alfo under like penalty and recovery, deliver to the clerks of their refpective counties, within ten days after fuch return, the original poll books, to be by fuch clerk entered of record, urder the like penalty for failure, as for failing to record the poll books taken at the election of members to the General Affembly-and where a poll fhall be taken in any county which fhall not become fo until after the election, which hall first be holden in purfuance of this act, the officer conducting fuch election, shall deliver the poll books by him kept, to the clerk of his county, as the fame now ftands, to be by him alfo recorded, under the like penalty. VI. IT shall be the duty of the Executive to enclofe to the congrefs of the United States, the certificates and returns of elections aforesaid, tranfmitted to them from the respective diftricts without delay. VII. ANY sheriff or other officer, refufing to take the poll when he fhall be required by a candidate or elector; or taking it in any other manner than is herein before prefcribed; or making or figning a falfe certificate or return of election, as herein before directed; or making any erafure or alteration in the poll book; or refufing to fuffer any candidate or elector at his own ex pente to take a copy of the poll book, shall forfeit and pay fix hundred dol-' lars, which penalties may be recovered with cofts in actions of debt, by any perfon who will fue for the fame; one half to his own ufe, and the other half to the ufe of the commonwealth. VIII. ANY candidate or other perfon in his behalf, who shall directly or indirectly, give or agree to give, any elector or pretended elector, money, mes: drink. or other reward, in order to be elected, or for having been elected, shall forfeit and pay fifteen hundred dollars for each offence; to be recovered with cofts, by action of debt, to the ufe of any perfon who will fue for the fame. IX. AND be it further enacted, 'That the sherifs and other officers, shall Allowance to fheriffs, receive for their trouble and expense in conducting the faid elections, one dol- &c. conducting electi lar and fixty-feven cents for the day on which they shall attend to compare ont. the different polls, together with an allowance of ferriages, and four cents a mile for travelling to and from the county, in which they hall meet for that purpofe, to be paid in the fame manner as the electors, who are to vote for a Prefident and Vice President of the United States are paid. X. PROVIDED always, That no perfon entitled to fuffrage in purfuance No elector to vote more of this act, fhall during the fame election vote more than once for the fame can- than once for fame candidate, under the penalty of one hundred dollars, to be recovered by action of didate. debt, in any court of record, by any perfon who will fue for the fame, nor fhall any fuch perfon be admitted to vote in any fuch election, at the courthouse or other place of holding the election in any county, city or borough in a diftrict, unless the freehold or other estate in right of which he offers to vote, fhall lie in that county, city or borough in which he gives his vote. XI. BE it further enacted, That in cale of the death or abfence of any perfon hereby required to hold an election, the fenior magiftrate in each county, city or borough respectively, and in his abfence, inability or incapacity by being a candidate, the fecond, and fo on in fucceffion to the junior magiftrate, is hereby authorised, empowered and required, to perform the duties of the perfon fo dying or being abfent-And the faid magiftrates in cafe of refufal, fhall be subject to all the penalties to which any theriff or other perfon required to hold an election, is liable, and fhall be entitled to the fame compenfation. Magiftrates to perform duties of therifl's in certain cafes. XII. SO much of every other act, as prescribes the time of electing repre- Repealing clause. fentatives to ferve in the congrefs of the United States, and regulates the arrange ment of the counties of this commonwealth for the faid purpose, fhall bé and the fame is hereby repealed. XIII. THIS act fhall commence and be in force, from and after the fifth Commencing clause. day of March, one thoufand eight hundred and three. CHAP. CCCVI. An Act to fix the Salaries of certain Officer. [Paffed the 2d of February, 1902.] Salaries of certain offi E it enacted by the General Affembly, That the officers hereafter men. tioned, fhall be allowed annually the following falaries: The keep cers fixed. er of the Penitentiary houfe, the fum of one thousand two hundred dollars; the turnkey to the Penitentiary house, the fum of two hundred and fixty-fix doilars and fixty-fix cents; the clerk of the Penitentiary houfe, the fum of fix hundred and twenty-five dollars; the door-keeper of the capitol, and of the council, whofe duty is to keep the capitol clean, and obey the orders of the Executive, the fum of three hundred dollars; and the keeper of the keys of the capitol, the fum of two hundred dollars; to each of the under clerks in the Register's office, five hundred dollars; to the keeper of the public feal, three hundred dollars; to the affiftant clerk of the council, one thousand dollars, which feveral fums thall be paid quarterly out of the treasury, on warrants to be iffued by the auditor of public accounts. Salaries of others fixed, but not to commence till services required. ›ȚI AND be it further enacted, That the following officers fhall be allowed annually, the falaries herein after mentioned, to be paid quarterly, and to commence as foon as the Executive adjudge that their fervices are neceffary-The fuperintendant of the manufactory of arms, the fum of two thousand dollars; the mafter armourer, the fum of one thousand dollars; the affiftant armourer, the fum of one thousand dollars; the clerk to the manufactory of arms, the fum of five hundred dollars; and the commiflary and tore keeper to the manufactory of arms, the fum of five hundred dollars; which feveral fums latt mentioned, thall be paid in the fame manner, that the other falaries allowed by this act Entil they commence, are paid; that until the lait mentioned falaries commence, thofe who are emmary to be paid as heleloyed in the armory by the Executive fhall be paid as heretofore. • liable to, in the vell, perfons employed in ar |