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

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 fhall be and the fame are hereby repealed.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
Continental Government, from holding Offices under the authority of this
Commonwealth.

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.
balf of the state, by.
certain officers, fhall
not abate by their
death or removal from
office.

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
alfo give to fuch Commiffioner a certificate that he had taken the oath prefcrib-
ed by this act. It shall be the duty of the faid Commiffioners, to attend at the
feveral places for holding the faid elections, directed by law, and then and
there to hold the fame, in manner following. They fhall receive of each per-
fon whom they fhall adjudge to be entitled to a vote, a paper containing the
names of twenty-one perfons for whom fuch individual fhall vote as Electors,
on the back of which paper, fhall also be written the name of the perfon voting,
and as the votes are rendered, it shall be the duty of the faid 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 faid election for the Electors of a President and
Vice-President of the United States, with the lift of the lands as taxed therein,
to be used by the faid Commiffiorers as evidence towards afcertaining the right
of any perfon to a vote. If it fhall appear to the faid Commiffioners, that the
perfons entitled to vote were prevented from attending by bad weather, or
from any other caufe, they are hereby empowered and required to keep the
poll open for a term not exceeding two days. So foon as the poll is clofed,
the faid Commiffioners fhall fubfcribe each fheet upon which the fame contain-
ing the names of all the voters fhall be taken, and also obtain the subscription
of two or more credible perfons thereto, which poll thus fubfcribed, it shall be
their duty to file in the clerk's office of the faid county or corporation, within
ten days of the time of holding the election, there to be recorded according to
law. The faid Commiffioners fhall, within two days after the poll fhall be
closed, afcertain the number of votes given for every perfon, who shall be fo
voted for as an Elector: Provided, That until the return fhall be figned by
the Commiffioners holding the elections, the tickets fo delivered in, fhall be
kept by one of the faid Commiflioners, under the feal and fupericription of
more than one, and fhall never be opened or examined by ie's than two of the
faid Commiffioners. Every voter fhall vote for one perion refiding in each
electoral district, and in cafe any ticket fhall contain two or more names of per-
fons refiding in the fame district, the first of such names only fhall be confidered
as duly voted for; and in like manner, if two or more persons shall be of the
twenty one first upon the poll, who fhall refide in the fame diftrict, he who fhall
have the greatest number of votes fhall only be duly elected. The laid Com-
miffioners (hall, within three days after closing the poll as aforefaid, make out
three copies of a return in the following form: "We, A B, &c. Commiffion-
"ers for holding the election of Electors for a Prefident and Vice-President or the
"United States, for the county, city, or borough (as the cafe may be) of
"do hereby certify, that an election was held on the first Monday of November
"for the faid county, city, or borough, (as the cafe may be) puríuant to law,
"and that the number of votes herein fpecified, oppofite to the names of the
"several perfons following, was given for fuch perions as Electors for the state
of Virginia, of a Prefident and Vice-Prefident of the United States, namely,
(here fuch lift of perfons and votes is to follow). Given under our hands
"and feals, this
day of
one thoufand eight hundred
." Which returns, written in words and not in figures, thall be
fealed and fubfcribed by the Commiffioners holding the election. One of the
faid returns fhall be delivered to fome perfon among the twenty one who shall
have therein the greatest number of votes, another fhall be filed in the clerk's
office of the county or corporation electing, and the third fhall be tranfmitted
to the Governor and Council, all of which thall be done within fifteen days af-
ter the fame shall be made cut; and the Governor and Council fhall proceed to
afcertain from the faid returns, the twenty-one perfons having the greateft num-
ber of votes throughout this flate, and to advertile their names in luch gazettes
as they may think proper.

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
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 infrinity, by the
respective county or corporation courts, forty-four cents; for every stud-horfe
and jack-afs, twice the price at which fuch horfe or afs covers a mare for the
feafon; for all other hortes, mules, mares and colts, twelve cents each; for
every ordinary licenfe, twelve dollars and fifty cents; for every four wheel
riding carriage, except photons and flage waggons, one dollar and twenty-
five cents per wheel; for all phaetons and ilage 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 and fifty-fix cents on
every hundred dollars of the rent thereof, to be ascertained by the rent paid by
the tenant, and where fuch houte or lot is in the occupation of the proprietor,
the yearly rent or value fhall be afcertained by the commiflioners of the reve-
nue 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 house or Provifo]
or, if he thinks himself aggrieved by fuch valuation, may appeal to the court,

E it enacted by the General Affembly, That the public taxes for the year Taxes op land, flaves,