Act to amend the seventeenth section of the act, entituled “An act reducing into one the several acts concerning the fees of certain ficers, and declaring the mode of discharging the said fees and "county levies."

[Passed January 20, 1804.]


Beveral superior courts of chancery shall receive for services Clerks of E it enacted by the General Assembly, That the clerks of the Clerks of chanered the commonwealth, the same fees as are by law allowed lowed same fees similar services in suits and controversies between individuals, monwealth as inagainst the comno other compensation or allowance. Their fee bills against the dividuals. monwealth, having been first examined and certified by their reactive courts, shall be paid, on a warrant from the auditor, out of money in the treasury.

. All acts or parts of acts, coming within the purview of this act, Repealing ll be, and the same are hereby repealed.

3. This act shall commence and be in force from and after the sing thereof.




Act concerning the proceedings in Courts of Chancery, and for

other purposes.

[Passed January 20, 1804.]

BE it enacted by the General Assembly, That from and after the Chancery courts

rest on final decrees

commencement of this act, the several courts within this may award intemonwealth having original chancery jurisdiction, shall have powand authority in all cases where by any final decree, any sum or as of money, or quantity of tobacco are directed to be paid to eiparty, to award interest until the same shall be paid, any law or tom to the contrary notwithstanding.


decree ren- and chancery

2. And be it further enacted, That the court of appeals, and the Court of appeals eral district courts of chancery, in all cases where red for any sum of money or quantity of tobacco, shall, on appeal district courts refrom, be affirmed, shall award to the appellee, damages at the magesin decrees may award daof ten per centum per annum on the whole amount, (including upon appeals. cost) for which such decree was rendered, from the time the apwas obtained until the affirmance in the appellate court, in satistion of all damages or interest, and legal interest from that time the same shall be paid.

. And be it further enacted, That in all cases where hereafter any Dissolved inaction shall be wholly dissolved, the bill of the complainant shall junctionstostand d dismissed of course, with costs, unless sufficient cause is shewn 2- costs. dismissed with inst such dismission at the next term, where the same shall be in the trict courts of chancery; and where the same shall be in any of the Proviso. Prior courts, at or before the second court, let the same be monthquarterly thereafter. And it shall be the duty of the several rks of the said courts to enter such dismission on the last day of terms aforesaid.

And be it further enacted, That where any injunction shall be after obtained, to stay the proceedings on any judgment render In any of the courts of this commonwealth, for money or tobac

Courts to award damages against wese bills are dissolved,



Clerks of district courts

ons to inferior

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Damages on forthcoming

co, and such injunction shall be dissolved wholly or in part, dama ges at the rate of ten per centum per annum from the time the injunction was awarded, until the dissolution, shall be paid to the party on whose behalf such judgment was obtained, on such sum as appears to be due, including the costs; and where any such injunctito on shall be depending in the district courts of chancery, the clerk certify dissoluti- of such court, shall, on dissolution thereof, certify to the clerk of ons of injuncti- the court wherein the judgment was obtained, the order of dissolution, as also the time of granting and dissolving such injunction, and the clerk shall issue the execution according to the provisions of this act; and in all cases where a forthcoming bond has been executed by the complainant in such injunction, and no judgment rendered bonds, when to thereupon, the court in which execution is awarded, shall direct the said damages to be included in the judgment, which shall be in satisfaction of all interest and damages during the time aforesaid: Provided nevertheless, that where the injunction is granted in order to obtain a discovery, or any part of the judgment shall remain injoined, the court wherein the injunction shall be depending, may, if it appear to them just, direct that no such damages shall be paid by the complainant, or such proportion, as according to equity, they deem expedient; and the clerk of the court where the judgment was rendered, or the court by whom execution shall be awarded, shall govern themselves accordingly.

be awarded.


Interest to be al

5. And be it further enacted, That upon all judgments rendered low certain by the courts of common law, in actions founded on contracts, intejudgments. rest shall be awarded on the principal sum or damages recovered, and costs, until such judgment shall be satisfied. (a)

Staunton chancery district

6. And be it enacted, That hereafter the chancery court for the court day alter. district of Staunton, shall be holden on the tenth day of July, instead of the first, unless that day be on Sunday; in such case, it shall be holden on the succeeding day.



7. This act shall commence and be in force from and after the first day of May next.


An Act to amend the act, entituled" An act concerning Escheators.* [Passed January 21, 1804.]

Duty of the com- 1. missioners of the revenue.

E it enacted by the General Assembly, That it shall be the duty of the commissioners of the revenue, on or before the first day of January annually, to furnish a list to the escheators of their counties of all lands within their respective precincts, of which any person hath died seized of an estate of inheritance, intestate, and without any heir known to the said commissioners, or to which Penalty for fai- no person is entitled to their knowledge. Any commissioner failing lure of duty. herein shall forfeit and pay the sum of fifty dollars, to be recovered by action of debt in any court of record, one half of which shall be to the use of the commonwealth, and the other half to the informer.

(a) This section explained and amended by act of 1804, ch. 8, pa. 8, sec. 2, of sessions acts. See post ch. 57,

* See Revised Code, vol. 1, chap. 82. pa. 126-chap. 180, pa. 328-chap. 224, pa. 375-chap. 230, pa. 379. By this last mentioned act, creditors of a deceased person whose land is escheated to the commonwealth may petition the general court, in which case the treasurer is to be made a party.


2. It shall be the duty of every escheator, on receiving such infor mation from a commissioner of the revenue, or from any other person, to proceed to hold his inquest to determine whether any such Duty of eschea. tract of land hath escheated to the commonwealth, und er ta penalty of fifty dollars, to be recovered and appropriated as aforesaid for Pelty for faifailing to hold any such inquest.




such cases.

3. And be it further enacted, That where any person shall die in- Escheated landa debted seized of lands which shall become escheat to the common- subject to he wealth, not having personal property sufficient to pay such debts, the former owners creditor may exhibit his petition before the court of the county in which such escheat shall take place, or in the court of the district wherein such county is situated, making the escheator of such county, a party defendant, who shall defend such claim, and the said court shall proceed to judgment according to the right of Proceedings in the case, and render the same for such sum as shall appear to be due to such petitioner, if any thing; and it shall be the duty of such tscheator on such judgment being rendered, to satisfy and pay the amount thereof, if the proceeds of the sale shall be sufficient and yet in his hands, and if the same shall have been paid into the treasury, the auditor shall and he is hereby required, on a copy of such judg ment properly authenticated being filed, to issue a warrant, and the treasurer shall pay the amount, or so much as has been received on account of such sale.

4. This act shall be in force from the first day of May next.


An Act to amend an act, entituled, " An act to amend an act, entituled, an act for appointing Electors to choose a President and Vice-President of the United States.*


[Passed January 21, 1804.]

E it enacted by the General Assembly, That the persons qua


lified to vote for electors of a president and vice-president Number of elec

of the United States, under the act entituled, "an act, for appoint- tors.

ing electors to choose a president and vice-president of the United States," (a) shall each vote hereafter for twenty-four electors, in man

ner herein directed. Every voter shall vote for one person residing

in each electoral district as arranged by this act; for which purpose, Counties arrang the counties of Norfolk, Princess Anne, Nansemond and borough ed into districts, of Norfolk, shall compose one district; the counties of Surry, Isle of Wight, and Prince George, one other district; the counties of Sussex, Dinwiddie and Southampton, one other district; the counties of Brunswick, Lunenburg, Mecklenburg and Greensville, one other district; the counties of Charlotte, Halifax and Prince Edward, one other district; the counties of Amelia, Chesterfield, Cumberland, Nottoway and Powhatan, one other district; the counties of Albemarle, Amherst, Buckingham and Fluvanna, one other district; the counties of Franklin, Pittsylvania, Campbell, Bedford, Henry and Patrick, one other district; the counties of Goochland, Henrico, Louisa and City of Richmond, one other district; the counties of Hanover and Caroline, one other district; the counties

First law for appointing twelve electors, sessions acts of 1788, ch. 1, pa. 1, by districts. Sess. acts of 1792, ch. 30, pa. 87, twenty-one electors, by districts.--(1799) Revised Code, vol. 1, ch. 254, pa. 393, twenty-one electors by a general ticket.

(a) Passed October 19th, 1792-see sess. acts of 1792, p2. 87.



for in the same district the

first named receives the bene


of King and Queen, King William and Essex, one other district; the counties of Spotsylvania, Orange, Madison and Culpeper, one other district; the counties of Loudoun and Fauquier, one other district; the counties of Accomack, Northampton, Elizabeth City, Warwick and York, one other district; the City of Williamsburg, the counties of James City, Charles City, New Kent, Middlesex, Gloucester and Mathews, one other district; the counties of Richmond, Lancaster, Northumberland, Westmoreland and King George; one other district; the counties of Prince William, Fairfax and Stafford, one other district; the counties of Frederick and Hardy, one other district; the counties of Hampshire, Berkeley and Jefferson, one other district; the counties of Rockingham, Shenandoah and Pendleton, one other district; the counties of Rockbridge, Augusta and Botetourt, one other district; the counties of Washing ton, Lee, Russell, Grayson, Wythe and Tazewell, one other district; the counties of Greenbrier, Bath, Monroe, Kanawha, Mason and Montgomery, one other district; and the counties of Monongalia, Brooke, Ohio, Harrison, Wood and Randolph, shall compose one Where two per- other district. In case any ticket shall contain two or more names are voted of persons 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-four first upon the poll, who shall reside in the same district, he who shall have the greatest number of votes shall only be duly elected. The governor, with the advice of council, shall on or before the first day of August in every Commissioners year, wherein such election is to take place, appoint and commission appointed to ex- three persons in each county of this state, and in the cities of Richecute this law. mond, Williamsburg and borough of Norfolk, for the purpose of executing this law, any two or more of whom shall be competent to Each person, before he enters upon the duties herein enjoined, shall take and subscribe the following oath: "I, A. B. do solemnly swear, faithfully and truly to execute the office of a commissioner under the act, entituled, an act, to amend an act, entituled an act, to amend an act, entituled 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, entitled returned to the to do so, and reject all who are not so entitled-and that I will make clerk of the coun- a fair return of the persons 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 affidavit the magistrate administering the oath, shall return attested to the clerk of the county court, to be by him filed—and the said magistrate shall also give to such commissioner a certificate that he had taken the oath prescribed by this act. It shall be the duty of the said commissioners, to attend at the seveDuty of commis ral places for holding 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 shall adjudge to be entitled to a vote in his county or corporation, a paper containing the names of twentyfour persons, for whom such individual shall vote as electors, on the back of which paper shall 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 commissioners as evidence towards ascertaining the

Their oaths.

Affidavit to be

ty court, &c.


Duty of the clerk.


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right of any person to a vote. If it shall appear to the said com-
missioners, that the persons entitled to vote, were prevented from
attending by bad weather, or from any other cause, they are hereby For what cause
empowered and required to keep the poll open for a term not ex- the poll may be
kept open.
teeding two days. So soon as the poll is closed, the said commis- Forms to be ob-
sioners shall subscribe each sheet upon which the same containing served by the
the names of all the voters shall be taken, and also obtain a subscrip- commissioners
tion of two or more creditable persons thereto, which poll thus sub- after the poll is
scribed 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 com-
missioners shall, within two days after the poll shall be closed, ascer
tain the number of votes given for every person, who shall be vot
ed for as an elector: Provided, That until the return shall be signs
ed by the commissioners holding the election, the tickets so delivera
ed in shall be kept by one of the said commissioners, under the seal
and superscription of more than one-and shall never be opened or
examined by less than two of the said commissioners. The said
commissioners shall within three days after closing the poll as
aforesaid, make out three copies of a return in the following form-
"We, A. B. and C. commissioners for holding the election of elec-
tors for a president and vice-president of the United States, for the be made by the
county, city or borough (as the case may be) of
do hereby commissioners:

certify that an election was held on the first Monday in November for
the said county, city or borough (as the case may be) pursuant to law,
and that the number of votes herein specified opposite to the names of
the several persons following, was given for such persons as electors
for the state of Virginia, of a president and vice-president of the Unit-
ed States, namely [here such list of persons and votes is to follow.]→→
Given under our hands and seals, this
one thousand eight hundred and

day of

Form of returnto

." Which returns, written in words and not in figures, shall be sealed and subscribed by the commissioners holding the election. One of the said returns shall be delivered to some person among the twenty-four, who shall have therein the greatest number of votes: another shall be filed in the clerk's office of the county or corporation electing: and the third shall be transmitted to the governor and council; all of which shall be done within fifteen days after the same shall be made out; and the governor and council shall proceed to ascertain from the said Governor and returns, the twenty-four persons having the greatest number of votes council to adver. throughout this state, and to advertise their names in such gazettes of the electors. as they may think proper.

tise the names

ness, how the

2. If on account of death, sickness or other cause, only one of the In case of sicksaid commissioners shall attend at the time and place for holding commissioners the said election, he is hereby empowered to associate with himself shall aet. 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 e- Sheriffs and aervery county, and of the sergeant of every corporation, entitled to geants to attend elect, to attend the said commissioners during the said election, and during the elec. to remove force should any be offered. And if any sheriff shall fail tion. in his duty as aforesaid, or if any commissioner shall refuse to take Penalty on shethe poll, being required so to do by a candidate or person qualifiF


riffs & Commis

have of duty.

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