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had been entered during the session of the diftrict court. And when by fuch Damages allowed on judgments and decisions, damages are given for retarding the execution, the fuck judgmeace, bow faid clerk shall calculate the same until the time the copies of the said judgments or decisions were delivered to them. When such copies shall be received by the clerk of a district court during che session thereof, the same proceedings shall be had thereon, as have heretofore been had in such cases.

VII. THE plaintiff or plaintiffs in' a judgment on any fuch forthcoming Plaintiffs allowed fifty bond shall, and may recover against the defendant or deféndants, in order to ceats for each notice on defray the expense incurred in giving a notice on such bond, the sum of fifty a forthcoming bond. cents for each obligor to whom such notice shall be given to be taxed and levied as other costs are on the said judgment. VIII. ALL the personal estate which shall be contained in the schedule of

Efate of an insolvent an insolvent debtor, shall by such debtor be transferred and delivered, and ail contained in fchedule the real estate conveyed to the sheriff, under the directions of the court or per- to be transferred or fons before whom the oath of insolvency shall be taken, before such infolvent conveyed to heriffs, debtor shall be discharged, to be by such sheriff disposed of according to prior to his discharger law.

IX. THE clerks of district courts instead of the fees now allowed by Fees of district court law, for issuing executions on the following judgments, and taxing the damages clerks in certain cases." and costs thereon shall be allowed in such cases the fees hereafter mentioned to be taxed in the bill of costs as in other cases.

Dols. Cts. Upon the affirmance by a diftri& court of a judgment of a county

or corporation court where no appeal is granted to the court of appeals, Upon the affirmance in the court of appeals of a judgment in a suit

or on a motion' which originated in a district court, Upon a like affirmance of a judgment in a suit or on a motion which originated in a county or corporation court,

40 And for taxing the damages and costs on the faid judgments if no execution be issued thereon, half the fees above mentioned shall be allowed.

X. ALL acts and parts of acts coming within the purview of this act, Repealing clause.' thall be and the fame are hereby repealed.

XI. THIS act shall commence and be in force, from and after the fifteenth Commencement of this day of June next.

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CHAP. CCL.
An Act concerning Elections.

[Passed the ad of January, 1799.)
E it enacted by the General Afembly, That the second section of the Part of ad hereio mea.

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cerning the election of members of the General Assembly," whereby it is enacted, that after the first day of January, one thousand seven hundred and ninety-nine, the election of members of the general assembly, shall be held on the chird Monday in March, in every year, shall be, and is hereby repealed.

II. AND be it further enacted, 'That in future such elections, and those State and conge lional also of Representatives to Congress, shall be held on the fourth Wednef- elections when holden, day in April, in every year; any law to the contrary notwithstanding.

ill. So much of the “ A& intituled an act, for arranging the counties of Repealing cause. this commonwealth, into districts, to choose Representatives to Congress," as comes within the purview of this act, shall be, and the same is hereby repealed. IV. AND be it further enacted, That so much of the eighth section of the Additional repealing

clause. act, passed on the twentieth day of December, one thousand leven hundred and eighty-five, intituled an act concerning elections of Members of General Alsembly, as directs the returning officers of the senatorial districts to make their returns within twenty days, after the last day of election, shall be, and the same is hereby repealed.

V. AND be it further enacted, That the sheriffs of each county, within the Time within which, senatorial diftricts of this commonwealth, shall meet within five days after the and place where sheelection, in each district, at the court-house of the county, first named therein, riffs Shall meet in a fes zad from the poll so taken in their respective counties, return as a Senator, the catorial district after

the ele&tion of a lens. man who shall have the greatest number of votes in the whole ditrict: Proüidea cor,

nevertheless, if from high waters, or other unavoidable accident, any sheriff or sheriffs, may be prevented from attending at the times and places aforesaid, the other sheriffs shall adjourn from day to day, until the business be com

pleted. Commcocement of this VI. THIS act shall commence and be in force, from and after the pasiAA.

ing thereof.

,

CHAP. CCLI.
An Act in amend an art, intituled, an act to disable certain Officers under the

Continental Government, from holding Offices under tlre authority of this
Commonwealth,

[Passed the 9th of January, 1799.)
1.
Persons holding an of.

E it enacted and declared by the General Assembly. That no person hoid. fice, place, commission or appointment under ment whatsoever, civ or military, under the authority of the United States, the U. States, disqua- whether any pay or emolument be attached to such office, place, commissioni lified from holding any or appointment, or otherwise, or accepting or receiving any emolument whatfuch under this state. foever, from the United States, shall be capable of being elected to, pr of hold

ing any office, legislative, executive, or judicial, or any other office, place, or appointment of trust

, or profit, under the gavernment of this commonwealth : Proviro.

Provided, That nothing herein contained, shall be fo construed as to prevent
members of Congress from sitting as county court magistrates, or from hold-
ing offices in the militia, or so as to exclude any person receiving a pen-
fion from the United States, in consequence of any wound received in war,
from
any

office under this commonwealth, on account of such pension. Ady

person nominated II. AND be it further enacted, That any person nominated to any office, to ofáce by the general place, or appointment, under the General Government, who shall not signify government, and not

his intention to decline the acceptance thereof, previous to acting under any declining its acceptance, liable to like exa

appointment under this commonwealth, shall be equally liable to the exclusions elusions.

of this act, as if he had actually accepted the same. Repealing clause. III. ALL acts and parts of acts, coming within the purview of this act,

shall be, and are hereby repealed. Exception in favor of IV. NOTHING herein contained shall so operate as to create any exmilitia officers and sol- clufion whatsoever upon militia officers or soldiers, on account of the recomdierg.

pence they may receive from the United States, when called out into actual

duty. Commencement of this

V. THIS act shall commence and be in force, from and after the first day 10.

of July next.

B

CHAP. CCLII.
An Act concerning certain Suits, projecuted on behalf of the Commonwealth,

(Passed the 15th of January, 1799.] Suitn inficuted on be. I. E it enacted by the. General Alembly, That no fuit now depending, or balf of the stace, by

which may hereafter be prosecuted on behalf of the Commonwealth, certain officers, shall in the name of the governor or treasurer thereof, for the time being, shall anct abate by their

bate by the death, resignation or removal from office of the said governor or death or removal from reafurer, but in such case the same proceedings shall continue to be had, and the office.

amc judigment shall be entered in the said suits, as if the said governor or trea

iurer were ftill living or in office. Commencement of this

11. THIS act ihall commence and be in force, from and after the palling thereof.

a&.

CHAP. CCLẦi.
An 4!, authorising certain proceeding, on the Writ of Mandamus.

[Passed the 22d of January, 1799.)
WHEREAS great difficulty and delay attends the prefent method of pro-

Preamble.

amended by authorising certain other proceedings thereupon:

BE it crashed by the General Afëmbly of Virginia, Thai as often as a writ of

Procre lige which

cient,

Mandamus, shall issue out of a court having competent jurisdiction within this may be hard on a writ commonwealth, and a return thall be made thereunto, it shall and may be law- of Manoamus, reiurnful to, and for the person or persons, fuing or prosecuting fuch writ of Minda- ed ; d mages allowed mus, to plead to, or traverse all or any of the material facts contained within the cither party in case of a faid return, to which the perfon or persons making fuch return, shall reply, and a peremprory Man

judgment in their favor; take issue, or de mur ; and lach further proceedings, and in such manner, thalt damus may iftúe as if be had therein for the determination thereof, as might have been had, if the the return thereon, had perfon or persons suing such writ, had brought his or their action on the cafe been adjudged insuffifor a false recurn, and if any.issue shall be joined on fuch proceedings, the perfon or persons suing such writ, tall and may try the fame in such place as an iñue joined in such action on the case should or might have been tried: and in case á verdiet thall be found for the person or perfons fuing fuch writ, or judgment given for him or them on demurrer, or by nil dicit, or for want of a replication or other pleading, he or they shall recover his or their damages and cofts in such manner as he or they might have done in such action on the case as aforesaid ; such costs and damages to be levied by Capias ad Satisfacies- Such damages, how ledum, fieri facias, or elegit, and a peremptory writ of Mandamus thall be grant- ried. ed without delay, for him or them for whom fuch judgment shall be given, as might have been, if such return had been adjudged insufficient, and in cale judgment shall be given for the person or persons, making fucà return to such writ, he or they shall recover his or their costs of suit, to be levied in manner aforesaid.

General Asembly, begun and held at the Capitol, in the City of

Richmond, on Monday, the 2d Day of December, in the Year of our Lord, 1799.

1799

СНАР. CCLIV.
An Act to amend an act, intituled, an alt for appoin!ing Electors to choose a Prei

fident and Vice-Prefident of the United States,

[Pasied the 20th of January, 1800.)
HEREAS, until some uniform mode for choosing a President and Vice- Preambię.

President of the United States, shall be prescribed by an amendment to the Constitution, it may happen under the law of this Commonwealth, for appointing Electors for that purpose, that a choice may take place contrary to the will of a majority of the United States, and also contrary to the will of a majority of the people of this state, which would be inconfiftent with the true intent and meaning of the Constitution of the United States; and although this Commonwealth is willing to accede to any reasonable and proper amendment of the said Constitution to remedy the faid evil, yet forasmuch as it ought in the mean time to be counteracted by every Constitutional regulation within the power of the Legiflature, until it shall be so removed :

1. BE it enacted by tbe General Affimbly, That the persons qualified to vote Mode of ele&tion by for Electors of a Prelident and Vice-President of the United States, under the commissioners. act, intituled, “ An act for appointing Electors to choose a President and VicePresident of the United States," shall each vote hereafter for twenty-one Electors, in manner herein directed. The Governor, with the advice of Council, fail on or before the firit day of August, in every year wherein such election is to take place, appoint and commiilion three persons, in each county of this ftate, for the purpose of executing this law, any two or more of whom shall be competent to act. Each person before he enters upon the duties herein énjoined, hall take and subscribe the following oath : “I, AB, do folemnly

fwear, faithfully and truly to execute the office of a Commisioner under the " aft, intituled, “ An act to amend an act, intituled, an act for appointing ** Electors to choose a President and Vice-President of the United States," that " I will, to the best of my skill and judgment, admit all persons to vote enti.

do so, and reject all who are not so entitled, and that I will make a " fair return of the persons voted for as Electors, within my county, and of the “ number of vores given for each, according to this act. So help me God." which aidavit the magistrate adminitering the oath, fhall return atteited, 10

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the clerk of the county court, to be by him filed; and the said magistrate hall also give to fuch Com:niffioner a certificate that he had taken the oath prescribed by this act. It shall be the duty of the said Commiflioners, to attend at the several places for nolding the said elections, directed by law, and then and there to hold the same, in manner following. They shall receive of each per. son whom they shall adjudge to be entitled to a vote, a paper containing the names of twenty-one persons for whom such individual thall vote as Electors

, on the back of which paper, thall also be written the name of the person voting, and as the votes are rendered, it shall be the duty of the said Commissioners, to take an exact poll of the names of all voters. It shall be the duty of the clerk of each county, to attend at the said election for the Electors of a President and Vice-President of the United States, with the list of the lands as taxed therein

, to be used by the said Commissiorers as evidence towards ascertaining the right of any person to a vote. If it shall appear to the said Commissioners, that the persons entitled to vote were prevented from attending by bad weather, or from any other cause, they are hereby empowered and required to keep the

for a térm not exceeding two days. So soon as the poll is closed, the said Commissioners shall sub cribe each iheet upon which the fanse containing the names of all the voters shall be taken, and also obtain the subscription of two or more credible persons thereto, which poll thus fubicrited, it shall be their duty to file in the clerk's office of the said county or corporation, within ten days of the time of holding the election, there to be recorded according to law. The said Commissioners Phall, within two days after the poll shall be closed, ascertain the number of vores given for every person, who shall be fo voted for as an Elector: Provided, That until the return shall be figned by the Commissioners holding the eleclions, the tickets fo di live ed in, thall be kept by one of the said Commissioners, under the seal and fupericription of more than one, and shall never be opened or examined by iels ihan two of the faid Commissioners. Every voter mall vote for one perlon residing in each electoral district, and in case any ticket shall contain two or more names of perfons residing in the same district, the first of such names only shall be considered as duly voted for; and in like manner, if two or more persons shall be of the twenty-one first upon the poll, who shall reside in the same district, he who thall have the greateft number of votes shall only be duly elected. The laid Commissioners (hall, within three days after closing the poll as aforesaid, make out three copies of a return in the following form : “We, A B, &c. Commision

ers for holding the election of Electors for a Prelident and Vice-Pie.ident or the “ United States, for the county, city, or borough (as the cale may be) of “ do hereby certify, that an election was held on the firit Monday of Acvember “ for the said county, city, or borough, (as the case may be) pursuant to law, “ and that the number of votes herein lpecified, opposite to the naires of the “ several persons following, was given for such perlons as Electors for the staie “ of Virginia, of a President and Vice-President of the United States, namely,

(here such lift of persons and votes is to follow). Given under our hands « and seals, this

day of

one thousand eight hundred Which returns, written in words and not in figures, thall be fealed and subscribed by the Commissioners holding the election. One of the faid returns shall be delivered to some person among the twenty one who fall have therein the greatest number of votes, another Thall be filed in the clerk's office of the county or corporation elecling, and the third shall be transmitted to the Governor and Council, all of which ihall be done within fifteen days after the same shall be made cut; and the Goverror and Council shall proceed to ascertain from the said returns, the twenty-one persons having the greatest number of votes throughout this ilate, and to advertise their nanies in such gazettes as they may think proper.

II. IF on account of death, sickness, or other cause, only one of the said Commissioners shall attend at the time and place for holding the fait clection, he is hereby empowered to affociate with hintelf as a Commissioner, the High Sheriff, or any Magistrate of the county or corporation electing, who being qualified as before directed, shall be as competent to act as if he had been ap. pointed by the Governor, with the advice of Council. It shall be the duty of the Sherit of every county, and of the Serjeant of every corporation, entitled to elect, to attend the said Commiflioners during the faid election, and to remove force, should any be offered. And if any Sheriff shall fail in his duty as aforefinid, or if any Commiflioner shall refuse to take the goll, being required to 10

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do, by a candidate or person qualified to vote, or shall take it contrary to this act, or shall make or ligna falie return, or shall talsify the poll or tickets, by erasure or alteration, he or they so offending, shail for every Juch offence, forfeit and pay the fum of three hundred dollars, to be recovered with costs in an action of debt, before any court of record, by any perion who will sue for the same. After the said return shall be made, it shall be the duty of the said Commillioners to seal up all the tickets or votes by them received in manner herein directed, and endorse their names upon the cover as aiorelaid, which shalí be preserved by one of the laid Commiitiners, and shall, if demanded under an order from the Governor, with the advice of Council, within six months of the said election, be forthwith delivered under the penalty before prescribed, in other cases of misconduct; but if the said tickets or votes shall not be so de. manded within six months, the Commissioner holding the lame shall no longer be considered as answerable for them. The Governor, with the advice of the Council, is hereby empowered to defray by order on the Treatury, all realonable expenies which may attend the execution of this act, and alio the expenie which inay be incurred in transmitting the said returns io the Executive whereever it shall appear that it was necellary to employ a special meslenger for that purpose.

Ili. AND be it further enaéled, That the twenty-one persons having the Mode of deciding the greatest nu..ber of votes under this act, shall be the Electors of a Prelident election. and Vice-President of the United States, for and on behalf of this state: Provided, they attend for that purpole at the time and place direcied by law. But if it shall happen from death, sickness, or any other cause, or by reaion of two or more perions having an equal number of votes, so that neither appears to be elected, that twenty-one Electors do not attend on the day and at the place appointed before the hour of ten, qualified to vote for a President ana Vice-Preli. dent of the United States, on behalf of this State, it shall be lawful for the Se. Date and House of Delegates of this Commonwealth, and they are hereby em. powered and required to appoint fort with by joint ballot, any perion or perfons necessary to fill up any such vacancy or vacancies, until the number of twenty-one Electors, for the purpose aforesaid is completed, which Elector or Electors lo appointed, shail be entitled to vote for a President and Vice-Prea, dent of the United States, in the same manner as if he or they had been cholen in manner herein before preicribed.

IV, SO much of the hit recited actor of any other act, as comes within the Repealing clause. purview of this act, shall be, and the same is hereby repealed.

V. THIS act ihall commence and be in force, Irom and aster the pasiing thereof,

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CHAP. CCLV.
An Ax laying l'axes for the Support of Government.

[Palled the 23d of January, 1500.] I. E it enactra by the General Assembly, That the public taxes for the year Taxes op land, Naves, wit:-On lands for every hundred dollars value, agreeably to the equalizing law, forty-eight cents ; for every slave above the age of twelve years, except such as have been or shall be exempled, by realun of age or infrinity, by the respective county or corporation courts, torty-four cents; for every stud-horse and jack-afs, twice the price at which such horse or ass covers a inare for the season; for all other hortes, mules, mares and colts, cwelve cents each ; for every ordinary licene, twelve dollars and fifty cents ; for every four wheel riding carriage, except phetons and ilage waggons, one dollar and twentyfive cents per wheel ; for all phatons and ilage waggons, eighty-four cents par wheel; for every other riding carriage with two wheels, forty-three cents per wheel; and for all lots and houses in towns, one doliar and fifty-six cents on every hundred dollars of the rent thereof, to be ascertained by the rent paid by the tenant, and where such houie or lor is in the occupation of the proprietor, the yearly rent or value shall be ascertained by the cominiffioners of the revenue or either of them, by a comparison of its value with other houses or lots actu ally rented : Propied, That the owner or proprietor of any such house or Provilo) o!, if he thinks himself aggrieved by such valuation, may appeal to the court,

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