calculated. had been entered during the feffion of the district court. And when by fuch Damages allowed on judgments and decifions, damages are given for retarding the execution, the fuch judgments, how faid clerk shall calculate the fame until the time the copies of the faid judgments or decifions were delivered to them. When fuch copies shall be received by the clerk of a diftrict court during the feffion thereof, the fame proceedings shall be had thereon, as have heretofore been had in fuch cafes. VII. THE plaintiff or plaintiffs in a judgment on any fuch forthcoming bond shall, and may recover against the defendant or defendants, in order to defray the expense incurred in giving a notice on fuch bond, the fum of fifty cents for each obligor to whom fuch notice shall be given to be taxed and levied as other cofts are on the faid judgment. VIII. ALL the perfonal eftate which shall be contained in the schedule of an insolvent debtor, shall by fuch debtor be transferred and delivered, and ail the real estate conveyed to the sheriff, under the directions of the court or perfons before whom the oath of infolvency shall be taken, before fuch infolvent debtor shall be discharged, to be by fuch sheriff difpofed of according to law. IX. THE clerks of diftrict courts inftead of the fees now allowed by law, for iffuing executions on the following judgments, and taxing the damages and cofts thereon shall be allowed in fuch cafes the fees hereafter mentioned to be taxed in the bill of cofts as in other cafes. Upon the affirmance by a diftrict court of a judgment of a county or corporation court where no appeal is granted to the court of appeals, Dols. Cts. Plaintiffs allowed fifty cents for each notice on a forthcoming bond. Eftate of an infolvent contained in schedule to be transferred or conveyed to fheriffs, * prior to his discharge Fees of diftrict court clerks in certain cafes." Upon the affirmance in the court of appeals of a judgment in a suit 40 And for taxing the damages and cofts on the faid judgments if no execution be iffued thereon, half the fees above mentioned shall be allowed. X. ALL acts and parts of acts coming within the purview of this act, Repealing claufe.' fhall be and the fame are hereby repealed.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. act. CHAP. CCL. An Act concerning Elections. [Paffed the 2d of January, 1799.] E it enacted by the General Affembly, That the fecond fection of the Part of act herein men. Bact, paffed at the laft fefion, intituled, an act to amend the of rioned repeated. cerning the election of members of the General Affembly," whereby it is enacted, that after the firft day of January, one thousand feven hundred and ninety-nine, the election of members of the general affembly, 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 fuch elections, and thofe State and congr ffional alfo of Reprefentatives to Congrefs, shall be held on the fourth Wednef- elections when holden. day in April, in every year; any law to the contrary notwithstanding. III. SO much of the "Act intituled an act, for arranging the counties of Repealing clause. this commonwealth, into districts, to choose Reprefentatives to Congress," as comes within the purview of this act, shall be, and the fame is hereby re pealed. claule, IV. AND be it further enacted, That fo much of the eighth fection of the Additional repealing act, paffed on the twentieth day of December, one thousand feven hundred and eighty-five, intituled an act concerning elections of Members of General Af fembly, as directs the returning officers of the fenatorial 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 fenatorial diftricts of this commonwealth, shall meet within five days after the election, in each district, at the court-houfe of the county, first named therein, and from the poll fo taken in their respective counties, return as a Senator, the Time within which, and place where theriffs fhall meet in a fes natorial district after tor. the election of a fens man who shall have the greatest number of votes in the whole district: Providea nevertheless, if from high waters, or other unavoidable accident, any sheriff or sheriffs, may be prevented from attending at the times and places aforefaid, the other sheriffs shall adjourn from day to day, until the bufinefs be compieted. VI. THIS act fhall commence and be in force, from and after the paffing thereof. CHAP. CCLI. An Act to amend an act, intituled, an act to difable certain Officers under the I. B [Paffed the 9th of January, 1799.] E it enacted and declared by the General Affembly. That no perfon hold. ing, or accepting any office or place, or any commiffion or appointment whatfoever, civil or military, under the authority of the United States, whether any pay or emolument be attached to fuch office, place, commiffion or appointment, or otherwife, or accepting or receiving any emolument whatfoever, from the United States, shall be capable of being elected to, or of holding any office, legislative, executive, or judicial, or any other office, place, or appointment of truft, or profit, under the government of this commonwealth : Provided, That nothing herein contained, shall be fo conftrued as to prevent members of Congrefs from fitting as county court magiftrates, or from holding offices in the militia, or fo as to exclude any perfon receiving a penfion from the United States, in confequence of any wound received in war, from any office under this commonwealth, on account of fuch penfion. II. AND be it further enacted, That any perfon nominated to any office, place, or appointment, under the General Government, who shall not fignify his intention to decline the acceptance thereof, previous to acting under any appointment under this commonwealth, shall be equally liable to the exclusions of this act, as if he had actually accepted the fame. III. ALL acts and parts of acts, coming within the purview of this act, shall be, and are hereby repealed. IV. NOTHING herein contained shall fo operate as to create any exclufion whatfoever upon militia officers or foldiers, on account of the recompence they may receive from the United States, when called out into actual duty. V. THIS act shall commence and be in force, from and after the first day of July next. Suits inftituted on be. I. Commencement of this a&. CHAP. CCLII. An Act concerning certain Suits, profecuted on behalf of the Commonwealth, [Paffed the 15th of January, 1799.] E it enacted by the General Affembly, That no fuit now depending, or which may hereafter be profecuted on behalf of the Commonwealth, in the name of the governor or treafurer thereof, for the time being, shall abate by the death, refignation or removal from office of the faid governor or treasurer, but in fuch cafe the fame proceedings shall continue to be had, and the me judgment shall be entered in the faid fuits, as if the faid governor or treafurer were still living or in office. II. THIS at fhall commence and be in force, from and after the paffing thereof. Preamble, Proceedings which CHAP. CCLIII. An Act, authorifing certain proceeding, on the Writ of Mandamus. [Paffed the 22d of January, 1799.] HEREAS great difficulty and delay attends the prefent method of proceeding on writs of Mandamus, and it is proper that the fame should be amended by authorifing certain other proceedings thereupon: BE it crated by the General Affembly of Virginia, That as often as a writ of may be had on a writ of Mangamus, returned; damages allowed either party in cafe of a judgment in their favor; cient. Mandamus, shall iffue out of a court having competent jurifdiction within this Commonwealth, and a return fhall be made thereunto, it fhall and may be lawful to, and for the perfon or perfons, fuing or profecuting fuch writ of Mandamus, to plead to, or traverse all or any of the material facts contained within the faid return, to which the perfon or perfons making fuch return, thall reply, and a peremptory Mantake issue, or demur; and fach further proceedings, and in fuch manner, fhall damus may iffue as if be had therein for the determination thereof, as might have been had, if the the return thereon, had perfon or perfons fuing fuch writ, had brought his or their action on the cafe been adjudged infuffi for a falfe return, and if any iffue fhall be joined on fuch proceedings, the perfon or perfons fuing fuch writ, fhall and may try the fame in fuch place as an iffue joined in fuch action on the cafe should or might have been tried: and in cafe a verdict thall be found for the perfon 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 fuch manner as he or they might have done in fuch action on the cafe as aforefaid; fuch cofts and damages to be levied by Capias ad Satisfaciesdum, fieri facias, or elegit, and a peremptory writ of Mandamus thall be grant- vied. ed without delay, for him or them for whom fuch judgment fhall be given, as might have been, if fuch return had been adjudged infufficient, and in cafe judgment fhall be given for the perfon or perfons, making fuch return to fuch writ, he or they fhall recover his or their cofts of fuit, to be levied in manner aforefaid. Such damages, how le General Affembly, 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. CHAP. CCLIV. An Act to amend an act, intituled, an act for appointing Electors to choose a Prefident and Vice-Prefident of the United States. [Paffed the zoth of January, 1800.] WHEREAS, a Vient THEREAS, until fome uniform mode for choofing a Prefident and Vice- Preambe to the Conftitution, 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 alfo contrary to the will of a majority of the people of this ftate, which would be inconfiftent with the true intent and meaning of the Conftitution of the United States; and although this Commonwealth is willing to accede to any reasonable and proper amendment of the faid Conftitution to remedy the faid evil, yet forafmuch as it ought in the mean time to be counteracted by every Conftitutional regulation within the power of the Legiflature, until it shall be fo removed : 1799. I. BE it enacted by the General Affembly, That the perfons qualified to vote. Mode of election by for Electors of a Prefident and Vice-Prefident of the United States, under the commiffioners. act, intituled, “ An act for appointing Electors to choose a Prefident and VicePrefident of the United States," fhall each vote hereafter for twenty-one Electors, in manner herein directed. The Governor, with the advice of Council, fhail on or before the first day of Auguft, in every year wherein fuch election is to take place, appoint and commiflion three perfons, in each county of this ftate, for the purpofe of executing this law, any two or more of whom fhall be competent to act. Each perfon before he enters upon the duties herein enjoined, thall take and fubfcribe the following oath: "I, A B, do folemnly fwear, faithfully and truly to execute the office of a Commiffioner under the aft, intituled," An act to amend an act, intituled, an act for appointing "Electors to choose a Prefident and Vice-Prefident of the United States," that "I will, to the beft of my skill and judgment, admit all perfons to vote enti tled to do fo, and reject all who are not fo entitled, and that I will make a "fair return of the perfons voted for as Electors, within my county, and of the "number of votes given for each, according to this act. So help me God." Which adidavit the magiflrate adminiftering the oath, fhall return attested, to Cor the clerk of the county court, to be by him filed; and the faid magistrate shall II. IF on account of death, fickness, or other caufe, only one of the faid Commiffioners shall attend at the time and place for holding the faid election, he is hereby empowered to affociate with hinfelf as a Commiffioner, the High Sheriff, or any Magiftrate 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 Sheriff of every county, and of the Serjeant of every corporation, entitled to elect, to attend the faid Commiflioners during the faid election, and to remove force, should any be offered. And if any Sheriff shall fail in his duty as aforefad, or if any Commiflioner shall refufe to take the poll, being required to to do, by a candidate or perfon qualified to vote, or shall take it contrary to this act, or shall make or fign a falie return, or shall falfify the poll or tickets, by erafure or alteration, he or they fo offending, shall for every lush 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 fue for the fame. After the faid return shall be made, it shall be the duty of the said Commiflioners to feal up all the tickets or votes by them received in manner herein directed, and endorfe their names upon the cover as aforefaid, which shalí be preferved by one of the faid Commiffioners, and shall, if demanded under an order from the Governor, with the advice of Council, within fix months of the faid election, be forthwith delivered under the penalty before prescribed, in other cafes of mifconduct; but if the faid tickets or votes shall not be fo demanded within fix months, the Commiffioner holding the fame shall no longer be confidered as answerable for them. The Governor, with the advice of the Council, is hereby empowered to defray by order on the Treatury, all reafonable expenies which may attend the execution of this act, and alio the expenfe which may be incurred in tranfmitting the faid returns to the Executive whereever it shall appear that it was neceflary to employ a fpecial meffenger for that purpose. II. AND be it further enacted, That the twenty-one perfons having the Mode of deciding the greatest number of votes under this act, shall be the Electors of a Prefident election. and Vice-Prefident of the United States, for and on behalf of this state: Provided, they attend for that purpole at the time and place directed by law. But if it shall happen from death, fickness, or any other cause, or by reason of two or more perfons having an equal number of votes, fo 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 Prefident and Vice-Prefident of the United States, on behalf of this State, it shall be lawful for the Senate and House of Delegates of this Commonwealth, and they are hereby em. powered and required to appoint forthwith by joint ballot, any perion or perfons neceffary to fill up any fuch vacancy or vacancies, until the number of twenty-one Electors, for the purpose aforefaid is completed, which Elector or Electors fo appointed, shall be entitled to vote for a Prefident and Vice-Preû, dent of the United States, in the fame manner as if he or they had been cholen in manner herein before prescribed. IV. SO much of the first recited act or of any other act, as comes within the Repealing claufe. purview of this act, fhall be, and the fame is hereby repealed. V. THIS act thall commence and be in force, trom and after the paffing thereof. CHAP. CCLV. An At laying Taxes for the Support of Government. [Paffed the 23d of January, 1900.] I. BE it had even hundred and ninety-nine, shall be as follows, to c E it enacted by the General Affembly, That the public taxes for the year Taxes op land, flaves, |