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had been entered during the session of the district court. And when by such Damages allowed on judgments and decisions, damages are given for retarding the execution, the fuck judgments; how

calculated 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 defendants, 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 all contained in schedule the real estate conveyed to the sheriff, under the directions of the court or per- to be transferred or sons 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 bis discharge 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 calcs and cofts 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&t 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.' fhall be and the same are hereby repealed.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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An Act concerning Elections.

[Passed the ad of January, 1799.) I. E it enacted by the General Afembly, That the second section of the Part of ad herein mea. cerning the election of members of the General A siembly," 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 third 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 congr llional also of Representatives to Congress, shall be held on the fourth Wednes- clections when holden, . day in April, in every year; any law to the contrary notwithstanding.

ill. So much of the “ Act intituled an act, for arranging the counties of Repealing clause. 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

clauie, act, passed on the twentieth day of December, one thousand leven hundred and eighty-five, intituled an act concerning elections of Members of General Arsembly, 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 theelection, in each district, at the court- house of the county, firit named therein, riffs Thall meet in a few and from the poll so taken in their respective counties, return as a Senator, the catorial difrict after


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ske ele&tion of a lem. man who shall have the greatest number of votes in the whole difrict: Provides

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-

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

ing thereof.

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An Act io amend an act, intituled, an act to disable certain Oficers under the

Continental Government, from bolding Ofices under the authority of bis

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

I. E it enacted and declared by the General Asembly. That no person holdfice, place, commission ing, or accepting any office or place, or any commillion or appointor appointment under ment whatsoever, civil or military, under the authority of the United States, the U. States, disqua- whether any pay or emolument be attached to such office, place, commillioni 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 government of this commonwealth : Proviro.

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

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

II. AND be it further enacted, That any person nominated to any office, to office by the general place, or appointment, under the General Government, who shall not fignify goveroment, and not his intention to decline the acceptance thereof, previous to acting under any declining its acceptance, liable to like eza

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

of this act, as if he had actually accepted the same. Repcaling 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 exmilicia officers and sol- clusion 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 of July next.


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An Act concerning certain Saits, projecuted on behalf of the Commonwealth,

(Paffed the 15th of January, 1799.] Suits in ftizuted on be. I. E it enacted by the General Afembly, That no fuit now depending, or balf of the state, 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 2nct abate by their

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

i .

mc judgment shall be entered in the said suits, as if the said governor or treasurer were ftill living or in office.

11. THIS at inall commence and be in force, from and after the passing Commencement of this a&.




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

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

ceeding on writs of Mandamus, and it is proper that the same should be amended by authorising certain other proceedings thereupon:

BE it crafted by the General Afimbly of Virginia, 'That as often as a writ of


Procreuirze which

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, suing or prosecuting fuch writ of Minda- ed; d images allowed mus, to plead to, or traverse all or any of the material facts contained within the either 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 fach further proceedings, and in such manner, fhal damus may ifte as if be had therein for the determination thereof, as might have been had, if the the return thereon, had perfon or persons fuing such writ, had brought his or their action on the case been adjuuged insuffi

cient, for a false return, and if any issue shall be joined on such proceedings, the perfon or persons fuing such writ, shall and may try the fame in such place as an issue joined in such action on the case should or might have been tried: and in case á verdict thall be found for the person or perfons fuing fuch writ, or judgment given for him or them on deniurrer, or by nil dicit, or for want of a replication or other pleading, he or they shall recover his or their damages and costs 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 damage, 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 Mall be given for the person or persons, making such return to such writ, he or they shall recover his or their costs of suit, to be levied in manner aforesaid.

General Assembly, 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.


An Act to amend an art, intituled, an alt for appoin! ing Electors to choose a Pre-

fident and Vice-President of the United States,

[Passed the zoth of January, 1800.)
THEREAS, until some uniform mode for choosing a President and Vice- Preambig.

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 inconsistent 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 said evil, yet forasmuch as it ought in the mean time to be counteracted by every Constitutional regulation within the power of the Legislature, until it shall be so removed :

1. BE it enacted by tbe General Assembly, That the persons qualified to vote Mode of ele&tion by for Electors of a President and Vice-President of the United States, under the commissioners. act, intituled, “ An a£t 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, hall on or before the firit day of August, in every year wherein such election is to take place, appoint and commiilion thrçe persons, in each county of this ftate, for the purpose of executing this law, any two or more of whom ihall be competent to act. Each person before he enters upon the duties herein enjoined, thall take and subscribe the following oath : “I, AB, do folemnly

fwear, faithfully and truly to execute the oflice of a Commissioner 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" tied to do so, and reject all who are not so entitled, and that I will make a " fair return of the persons voied for as Electors, within my county, and of the “ number of votes given for each, according to this act. So help me God." Which ailtavit the magistrate adminitering the oath, all return atteited, to


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the clerk of the county court, to be by him filed; and the said magistrate shall also give to fuch Com:nisioner a certificate that he had taken the oath prescribed by this act. It thall be the duty of the said Commiffioners, 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 person whom they thall 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 vores are rendered, it shall be the duty of the said Commissioners, to take an exact poll of the names of all voters. It hall be the duty of the clerk of each county, to attend at the said election for the Electors of a President and Vice-Prelident of the United States, with the list of the lands as taxed therein, to be used by the said Commifliorers as evidence towards aloertaining the right of any person to a vote. If it hall appear to the said Commiffioners, 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 poll open

for a térm not excceding two days. So soon as the poll is closed, the said Commissioners shall subcribe each inzet upon which the same 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 fall, within iwo days after the poll shall be closed, ascertain the number of votes given for every person, who shall be so voted for as an Elector: Provided, That until the return shall be figned by the Commissioners holding the elections, the tickets so delivered in, thall be kept by one of the said Commissioners, under the real and fupericription of more than one, and shall never be opened or examined by iels ihan two of the said Commissioners. Every voter mall vote for one person residing in each electoral district, and in case any ticket hall contain two or more cames of perfons residing in the same distridt, 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 firft upon the poll, who shall reside in the same district, he who thall have the greatest number of votes ihall 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 tollowing form: “We, A B, &c. Commission

ers for holding the election of Electors for a Prefident and Vice-Pie.ident or the “ United States, for the county, city, or borough (as the case 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 ipecified, opposite to the naries of the “ several persons following, was given for such persons as Electors for the state • of Virginia, of a President and Vice-Prelident of the United States, namely,

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

day of

one thousand tight hundred Which returns, written in words and not in figures, fhall 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 shall have therein the greatest number of votes, another Thall be filed in the clerk's office of the county or corporation elefling, and the third shall be transmited to the Governor and Council, all of which ihall be done within fifteen days af. ter the same shall be made cut; and the Goverror and Council fall proceed to ascertain from the said returns, the twenty-one persons having the greatest number of votes throughout this flate, and to as vertile their nanies in luch gazettes as they may think propes.

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 faid clection, he is hereby empowered to associate 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 appointed by the Governor, with the advice of Council. It shall be the duty of the Sheriff of every county, and of the Serjeant of every corporation, entities to elect, to attend the said Commissioners during the said election, and to remote force, should any be offered. And if any Sheriff shall fail in his dury as aforefad, or it any Commiflioner shall refuse to take the poll, being required to to

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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 lign a falie return, or shall talsify the poil or tickets,. by erafure or alteration, he or they so offending, shail for every luch offence, forfeit and pay the sum 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 fame. After the said return shall be made, it shall be the duty of the said Commillioners to seal up all the tick ts or votes by thein received in manner herein directed, and endorse their names upon the cover as aiorelaid, which shali be preserved by one of the laid Committuners, and shall, if demanded undes an order from the Guvernor, with the advice of Council, within fix 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 fix months, ihe Commissioner holding the same 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 Treasury, all realonable expenies which may attend the execution of this act, and alio the expense which may be incurred in transmitting the said returns to the Executive whereever it shall appear that it was necellary to employ a special meflenger for that purpose,

Ili. AND be it further ena ted, That the twenty-one persons having the Mode of deciding the greatest nu:uber 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: Provides, they attend for that purpole at the time and place directed by law. But if it shall happen from death, sickness, or any other cause, or by reaion of two or more persons having an equal number of votes, so that neither appears to be elected, that twenty-one Electors do not at:end on the day and at the place appointed before the hour of ten, qualified to vote for a President ana Vice-Prelident 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 forthwith by joint ballot, any perion or perions necessary to fill up any iuch vacancy or vacancies, until the number of twenty-one Electors, for the purpose aforesaid is completed, which Elector or Electors to appointed, shall be entitled to vote for a Pielident and Vice-Pren. 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 first recited act or of any other act, as comes within the Repealing claule. purview of this act, shall be, and the same is hereby repealed,

V. THIS act ihall commence and be in forcë, krom and after the pasing thereof.

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An Ax laying T'axes for the support of Government.

[Passed the 23d of January, 150..] 1. B ,

E it enacted by the General d'embly, That the public taxes for the year Toxes op land, laves, wit:-On lands for every hundred dollars value, agreeably to the equalizing law, forty-eight cents ; for every slave above the age of cwelve years, except such as have been or shall be exempled, by reason of age or infirmity, by the respective county or corporation courts, torty-four cents; for every ftud-horse and jack-afs, twice the price at which such horse or ass covers a mare for the feason; for all other hories, mules, mares and colts, twelve cents each ; for every ordinary licenle, twelve dollars and fifty cents ; for every four wheel riding carriage, except phetons and Rage waggons, one dollar and twentyfive cents per wheel ; for ali phetons and liage 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 dollar 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 lot is in the occupation of the proprietor, the yearly rent or value shall be ascertained by the commissioners of the revenue or either of them, by a comparison of its value with other houses or lots actually rented : Proviéd, Thut the owner or proprietor of any such house or Proviso) pi, if he thinks himself aggrieved by such valuation, may appeal to the court,

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