Period within which motions may be made against delinquent clerks, prolonged. Auditor to publish names of delinquent clerks. Taxes on lands, flaves, horfes and carriages. motion in the general court, with cofts, and moreover be liable to be difplaced from office by the general court. IV. AND be it further enacted, That the period for moving against the refpective clerks, for arrearages of taxes heretofore received by them, shall be and the fame is hereby extended until the first day of January in the year eighteen hundred; and if any clerk shall fail to pay fuch arrearages, no fees whatsoever shall be thereafter collected, levied, or diftrained, for or on behalf of fuch clerk, until the faid arrearages shall be accounted for and paid. V. AND be it further enacted, That it shall be the duty of the auditor, immediately after the first day of October in each year, to publish in the public papers for two months fucceffively, the names of all clerks, being defaulters under this act, together with extracts from this law, prohibiting the recovery of his fees in confequence of fuch delinquency. I. CHAP. CCXLIII. An Act laying Taxes for the Support of Government. E it enacted by the General Assembly, That the public taxes, for the year one thousand seven hundred and ninety-eight, shall be as follows, to' wit: on lands, for every hundred dollars value, agreeably to the equalizing law, forty-eight cents; for every flave above the age of twelve years, except fuch as have been, or shall be exempted by reafon of age or infirmity, by the refpective county or corporation courts, forty-four cents; for every ftud horfe and jack afs, twice the price at which fuch horfe or afs covers a mare for the feafon; for all other horfes, mules, mares, and colts, twelve cents each; for every ordinary license, twelve dollars and fifty cents; for every four wheel riding carriage, except phatons and stage waggons, one dollar and twenty-five cents per wheel; for all phatons and ftage-waggons, eighty-four cents per wheel; for every other riding carriage with two wheels, forty-three cents per wheel, and for all lots and houfes in towns, one dollar fifty-fix cents, on every On lots and houses, fi- hundred dollars of the rent thereof, to be afcertained by the rent paid by the tuated in towns. tenant, and where fuch houfe or lot is in the occupation of the proprietor, the yearly rent or value shall be ascertained by the commiffioners of the revenue or either of them, by a comparison of its value with other houfes or lots actually rented: Provided, That the owner or proprietor of any fuch houfe or lot, if he thinks himself aggrieved by fuch valuation, may appeal to the court by whom the commiffioners were appointed, whofe judgment as to the yearly rent or value shall be final. The faid commiffioners or either of them to ascertain the rent paid on houses or lots, actually leafed, may call on the tenant or proprietor to declare on oath or folemn affirmation, what is the amount of the rent paid for the fame; and every person so called on, and refusing to declare, shall forfeit and pay the fum of three hundred dollars, to be recovered by motion, on ten days previous notice, to be made by the commiffioners of the revenue, or either of them: Provided, That no tax shall be collected on lands, lots, houPablic property exempt fes or other property belonging to this commonwealth, or to any county, town, college, houfes for divine worship, or feminary of learning. ed from tax. Licenfes to merchants II. AND be it further enacted, That from and after the first day of May felling goods, whole fale next, upon any perfon's producing to the commiffioner of the revenue, for the of retail, county, diftrict or corporation, a receipt for the fum of forty dollars paid to the sheriff or collector, fuch commiffioner shall grant to fuch perfon a license to fell merchandize of foreign growth or manufacture, by wholesale and retail, for and during the term of twelve months; or if the faid receipt shall be for fifteen dollars, fuch perfon shall in like manner receive a licenfe to retail fuch goods for the fame time. And if any perfon shall fell fuch merchandize, either by wholefale or retail, on land, or on board any veffel, without having obtained fuch licenfe, fuch perfon shall forfeit and pay five hundred dollars, to be recovered by the commiffioner in any court of record, on ten days previous notice, and to be paid to the sheriff, for the ufe of the commonwealth; of which licenfes and fines, the commiffioner shall annually in their books, return a lift to the auditor of public accounts, on or before the fifteenth day of September, fpecifying names, which shall be good evidence, whereupon to charge the sheriff or collector: Provided nevertheless, that not above one tax fhall be paid, on account of fo felling at one and the fame ftore, and provided also, Penalty on dealing with out fuch license first ob tained. Provifa that nothing contained in this, or any other act, fhall be fo conftrued, as to impofe a tax on planters or farmers, for felling falt to their neighbours, purchased as a return load for their produce, carried in their waggons or otherwise to market. III. AND be it further exacted, That the act concerning hawkers and pedlers, fhall be fo conftrued, as to make it neceffary for each hawker and pedler to obtain a license. IV. FOR every licenfe granted by a commiffioner under this act, he fhall be entitled to twenty-five cents, which fhall be paid to him out of the public treasury, on warrant of the auditor of public accounts, after his lift of licenfes fhall be returned to the auditor as aforefaid. V. CLERKS of courts shall annually return to the auditor, on or before the fifteenth day of September, a lift of all hawkers and pedlers' licenfes, granted by their respective courts, and every clerk neglecting this duty, fhall forfeit fifty dollars, to be recovered in the general court, by motion, on ten days previous notice. VI. AND for the more effectual collection of the faid taxes, and others which may become due to the Commonwealth, Be it further enacted, that no notice fhall hereafter be neceffary to any fheriff, collector, clerk, or infpector, for the purpose of recovering a judgment for any taxes, fine or public dues of any kind, but that the fame may be recovered by the auditor, on motion without notice, provided fuch motion be made within twelve months after fuch taxes, fine or public dues fhall become payable, or shall be incurred. VII. NO theriff or other collector shall at any time, be allowed to return any lift of infolvents, or have any credit therefor, after twelve months fhall have expired, from the period of the taxes becoming payable, by such sheriff or collector, to which fuch lift relates, VIII. A COMMISSION of five per cent, and no more, shall be allowed to sheriff's and collectors for the collection of the taxes on licenfes to be granted to merchants under this act, and on licenses to be granted to hawkers and pedlers, under an act, intituled "an act concerning hawkers and pedlers," any law to the contrary notwithstanding. or Commiffioner to return lift of licenses to county or corporation courts, for their examination. IX. A LIST of all licenfes granted to merchants, fhall be returned by the commiffioner granting the fame, to the county or corporation courts, for their examination; after which the faid list fhall be delivered to the fheriffs collectors, who fhall annually on or before the first day of October next, after the receipt thereof, account for and pay the fame into the public treasury. X. THIS act fhall commence and be in force, from and after the paffing a. thereof. Commencement of this CHAP. CCXLIV. An A&t, to amend the A&t, intituled " An Act, to reduce into one the several I. B [Paffed the 25th of January, 1799.] Punishment for ftealing any negro or mulatto flave. E it enacted by the General Affembly, That if any person or perfons fhall hereafter be guilty of stealing any negro, or mulatto flave whatfoever, and shall thereof be lawfully convicted, fuch perfon or perfons fo convicted, shall fuffer death without benefit of clergy: whether the faid flave or flaves fo itolen fhall have been taken out of, or from the actual or immediate poffeffion of the owner or overfeer of fuch flave or flaves, or fhall have been elsewhere found: Provided nevertheless, That fo foon as the governor, by advice of Provifo. council, fhall iffue his proclamation, declaring the penitentiary houfe to be in a fituation fit to receive criminals, agreeably to the act, intituled "An Act to amend the Penal Laws of this Commonwealth" any perfon or perfons guilty of the offence above mentioned, fhall undergo a confinement in the faid penitentiary houfe, for a period not less than three, nor more than eight years, under the conditions, and agreeably to the directions in the faid act contained. II. ALL and every act, claufe or part of an act, coming within the pur- Repealing claufe view of this act, shall be, and are hereby repealed. III. THIS at fhall commence and be in force, from and after the paffing Con mencement of this thereof, aa. هن CHAP. CCXLV. An Act preferibing the Duty of the Commiffioners of t'e Public Revenue, in certain I. B [Paffed the 25th of January, 1799.] E it enacted by the General Affembly, That where commiffioners of the public revenue, in acting under the feveral laws prescribing the mode of afcertaining the taxable property within this commonwealth, fhall tax lands as lying in one county, which lie in another, it fhall be the duty of the commiffioners of the counties wherein fuch lands fo improperly taxed, actually lie, and they are hereby required, on information of the fact, to certify the fame, and the quality of fuch lands to the commiffioners, who committed the errors in fuch taxation, and thereupon the faid lands fhall be transferred from the books of the faid commiffioners, wherein they were taxed as aforefaid, to the books of the commiffioners of the counties wherein fuch lands really lie. II. AND be it further enacted, That the commiffioners appointed under the act, for affeffing the lands in the counties of Greenbrier, Kanawha and Randolph, thall after completing the affeffment therein required, deliver a copy of the faid affeffment to the theriffs of each of the faid counties, who shall receive the fame, and be directed thereby in making his collections. III. THIS act shall commence and be in force from the paffing thereof. CHAP. CCXLVI. An Act, to repeal certain Acts, and to declare the conftruction of the Bill of Rights, and Conftitution concerning Religion. [Paffed the 24th of January, 1799.] HEREAS the conftitution of the ftate of Virginia, hath pronounced W government of England, by the revolution: hath fubftituted in place of the civil government fo diffolved, a new civil government; and hath in the bill of rights, excepted from the powers given to the fubftituted government, the power of reviving any species of ecclefiaftical or church government, in lieu of that fo diffolved, by referring the fubject of religion to confcience: And whereas the several acts presently recited, do admit the church established under the regal government, to have continued fo, fubfequently to the conftitution; have bestowed property upon that church; have afferted a legislative right to establish any religious fect; and have incorporated religious fects, all of which is inconfiftent with the principles of the conftitution, and of religious freedom, and manifeftly tends to the re-establishment of a national church: For prevention whereof, Be it enacted, That the feveral laws, the titles whereof are as follow: "An act, for exempting the different focieties of diffenters, from contributing to "the fupport and maintainance of the church as by law established, and its mi"nifters, and for other purposes therein mentioned"-" An act, to repeal fo "much of the act, for the support of the clergy, and for the regular collecting " and paying the parish levies, as relates to the payment of the falaries hereto"fore given to the clergy of the church of England"-"An act, for incorporat"ing the Proteftant Epifcopal church"-" An act, to authorise the election of "certain veftries"-"An act, to repeal the act, for incorporating the Protestant Epifcopal church, and for other purposes" and "An act, for giving certain powers to the trustees of the property of the Proteftant Epifcopal church," be and the fame are hereby repealed, and declared to be void and of none effect. And it is further declared, that the law, intituled " An act, for establishing religious freedom," is a true expofition of the principles of the bill of rights and conftitution. An A, to amend the Aa, intituled An Act concerning the election of Members of the General Affembly.” B [Paffed the 19th of January, 1799.] Fit enacted by the General Affembly, That whenfoever hereafter the election of any perfon returned to ferve as a Senator or Delegate, is intend ed to be contefted, the petitioner and the returned member, fhall refpectively tefted elections, whet begin to take their depofitions, within two months after fuch election, and fhall to commence and be finish taking the fame at least thirty days preceding the commencement of the completed. enfuing feffion of affembly. If either party fhall fail to begin and finish taking his depofitions, within the times above prescribed and limited, he fhall be de-. prived of all benefit of such depofitions when taken. Candidates to either Houfe of Affembly, who fhall give meaty money, drink, or other reward, in order to be elected, liable to be expelled. II. NOTHING herein contained fhall be conftrued to contravene or repeal Saving claufe. in any manner, the regulations concerning contested elections, prescribed by the act, intituled," An act concerning the election of members of general affembly." III. AND any perfon hereafter, who fhall be a candidate for any county, or fenatorial diftrict, to ferve if elected, in the general affembly, who fhall directly or indirectly give or agree to give, any elector or pretended elector, money, meat, drink or other reward, in order to be elected, or who fhall treat directly or indirectly, being a candidate for fuch, or any other county, city, borough or district, upon due proof thereof to either house, shall be expelled and difabled to be re-elected during the term of three years; any thing in the above recited act, or in any other act to the contrary notwithstanding: Provided nevertheless, that nothing herein contained, fhall be fo conftrued as to prevent any candidate from his ufual intercourfe of friendship with his neigh bours, at his own house. Provifo, An Act, to preferve the Freedom of Speech, and Proceedings in the Legislature. [Paffed the 28th of December, 1798.] W WHEREAS freedom of fpeech and proceedings, appertaineth of right, to Preamble. the General Affembly, and the prefervation thereof is neceffary to fecure the liberty of the people : L. BE it enacted, That if any perfon fhall arreft or profecute, or be aiding or abetting in arresting or profecuting, a member or members of the Senate, or Houfe of Delegates, for, or on account of any words spoken or written, any propofition made, or proceedings had in the faid Senate, or Houfe of Delegates, every fuch perfon fo offending, fhall be deemed guilty of a misdemeanor, and fhall be apprehended, committed, and tried therefor, as in other cafes of mifdemeanors, before the general court, or a district court of this commonwealth, and being thereof convicted by the verdict of a jury, fhall be adjudged to fuffer imprisonment for a term not exceeding one year, and fhall pay a fine, not exceeding two thousand dollars; which imprisonment and fine fhall be affeffed by a jury, II. AND be it further enacted, That if any member or members of the faid Senate, or Houfe of Delegates, fhall be arrested or imprisoned, for, or on account of any words, fpoken or written, or for any propofition made, or proceedings had in the faid Senate or House of Delegates, fuch member or members may apply to the general court, or a district court, or any judge thereof, in vacation, for a writ of Habeas Corpus, who are hereby empowered and required to iffue the fame, returnable before the faid court, or faid judge, or any other judge, and upon the return thereof, to liberate and discharge fuch member or members. III. AND be it further enated, That the provifions of this act shall be extended to the arrefting, and profecuting any perfon or perfons, for words fpoken or written, or for any propofitions made, or proceedings had in the faid Senate or Houfe of Delegates, and to the difcharging and liberating any perfon or perfons, by habeas corpus, as aforefaid, although fuch perfon or perfons, fhall by difqualification, or from any other caufes, have ceafed to be a member of the faid Senate, or House of Delegates, at the time of fuch arrest or profecution, or of the trial, judgment or imprisonment, in confequence thereof: Provided, That nothing herein contained, fhall in any refpest extend to the power which either houfe of the general affembly, now hath, or may exercife over their respective members. IV. THIS act shall commence and be in force, from and after the paffing thereof. Any perfon arresting or profecuting a men houfe of delegates, for ought faid or done in his reprefentative capacity, or aiding there in, triable as in cafes of misdemeanor, and ber of the fenate or liable to fine and im prifonment. Any fuch member, in cafe of being arrested or impritoned may ap ply for, and obtain his writ of habeas corpus, Provifions of this act extended, to the arrefting and profecuting any perfon or perfons, although fuch perfon fhall have ceafed to be a member of the fenate or house of delegates. Provifo. Commencement of this act. 47 Executions iffued from diftri& courts, when returnable. Provifo. Where executions are not returned, clerk may iffue a new writ, Forms of executions returnable in vacation may by clerks be adapted to the nature of the cafe and penalty on officers failing to make due return thereof Penalties impofed on officers returning writs of fieri facias, venditioni exponas, or capias turnable in vacation, fatisfied, and failng to pay the amount to the party entitled on demand, or fuffering an cfcape. ad fatisfaciendum, re Officers liable to like enalty on failing to eturn forthcoming bonds, Clerk of court of appeals to certify the judgments of faid court bn appeals from diftrict courts, to the diftrict court clerks, and execution may there. pon iffue, CHAP. CCXLIX. An Act to amend the act, for reducing into one, the feveral "acts concerning Executions, and for relief of Insolvent Debtors. [Paffed the 24th of January, 1799.] I. B from a district court, tray at the election of the party fuing out the E it enacted by the General Assembly, That executions hereafter iffued II. IF any execution returnable in vacation of the courts, fhall not be returned accordingly, or being returned, fhall not be fatisfied, the clerk may iffue a new execution returnable as aforefaid, in like manner as is now provided in the cafe of executions, returnable to the court. III. UNTIL the court of appeals fhall direct the forms of executions, returnable in vacation of the court, the fame fhall be adapted by the clerks to the nature of the cafe. And where any fuch execution returnable in vacation of the court, fhall come into the poffeffion of any fheriff, coroner or ferjeant of a corporation, and he fhall fail to return the fame to the office from whence it was iffued, on or before the return day thereof, it shall be lawful for the court, ten days previous notice being given on the motion of the party injured, to fine fuch fheriff, coroner or ferjeant, or the executors, administrators or fecurities of such sheriff, coroner or ferjeant, at the difcretion of fuch court, in any fum not exceeding five dollars per month, for every hundred dollars contained in the judgment, on which the execution fo detained by fuch fheriff or other of ficer was iffued, and fo in proportion for any greater or leffer fum counting the aforelaid months from the return day of the execution, to the day of rendering judgment for the faid fine. IV. I upon any writ of fieri facias, or Venditioni Exponas, returnable in vacation as aforefaid, any fheriff, under fheriff, or other officer, fhall make return that he hath levied the debt, damages or cofts, as in fuch writ is required, or any part thereof, and thall not immediately on demand, pay the fame to the party to whom the fame is payable, or his attorney, or any other perfon authorised to receive the fame, or fhall return upon any writ of Capias ad Satisfa ciendum, that he hath taken the body or bodies, of the defendant or defendants, and hath the fame ready to fatisfy the money or tobacco in fuch writ mentioned, and fhall have actually received fuch money or tobacco of the defendant or defendants, or hath fuffered him, her or them, to escape with the confent of fuch sheriff, under sheriff or other officer, and shall not immediately on de'mand, pay fuch money or tobacco, to the party to whom the fame is payable, or his attorney, then or in either of the faid cafes, it shall and may be lawful for the creditor, at whofe fuit fuch execution shall iffue, to proceed againft fuch sheriff, officer or under sheriff, or fecurities of fuch under sheriff, in the fame manner as if fuch execution had been made returnable on the first day of the said court, and fuch court is hereby authorised to give judgment accordingly, and to award execution thereon. V. IF any sheriff or other officer, shall fail to return to the clerks office, with the execution (unless he be otherwife directed by the creditor or creditors) any bond taken under fuch execution, for the forthcoming of property, fuch sheriff or other officer, his executors or administrators, shall be liable to the fame fine and penalty for every month of fuch failure, to be recovered in the fame manner, by the party injured, as is herein directed against a sheriff failing to return an execution.' VI. THE clerk of the court of appeals, shall immediately after the expira tion of each term of fuch court, certify to the clerks of the refpective district courts from whence appeals were tranfmitted, copies of the judgments and decifions given thereon, which if received by the clerk of a district court in vacation of fuch court, shall be entered by him of record at the end of the proceedings of the preceding term of that court; and thereupon the faid clerk shall upon application, iffuc executions thereon, if by the decifion of the court of appeals, it be proper fo to do; and in all other refpects shall proceed according to the directions of fuch judgments and decifions, in the same manner as if they |