1803. 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 distriệt; 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 Washington, 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 sons are voted of persons residing in the same district, the first of such names only for in the same district the shall be considered as duly voted for and in like manner, if two or first named re- more persons, shall be of the twenty-four first upon the poll, who ceives the bene- shall reside in the same district, he who shall have the greatest numfit. ber of votes shall only be duly elected. The governor, with the ad vice of council, shali 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 Richccute 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 Their oaths. act. Each E the best of my skill and judgment, admit all persons to vote, entitled Affidavit to be returned to the to do so, and reject all who are not so entitled-and that I will make clerk of thecoun- a fair return of the persons voted for as electors, within my county ty court, 8.c. 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 sioners. 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 twentya four 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 Duty of the shall be the duty of the clerk of each county, to attend at the said clerk. election for the electors of a president and vice-president of the U. nited States, with the list of the lands as taxed therein, to be 'used by the said commissioners as evidence towards ascertaining the right of any person to a vote. If it shall appear to the said com- 1803. 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, ascertain the number of votes given for every person, who shall be vot: ed for as an elector: Provided, That until the return shall be sign: 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 of 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 electors for a president and vice-president of the United States, for the be made by the Forṁ ofreturn to 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 United States, namely (hére such list of persons and votes is to follow.)-Given under our hands and seals, this one thousand eight hundred and ;" 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 saine shall be made out; and the governor and council shall proceed to ascertain from the said Soteror and returns, the twenty-four persons having the greatest number of votes council to adver: tise the namas throughout this state, and to advertise their names in such gazette of the ciectors, as they may think proper. 2. If on account of death, sickness or other cause, only cne of the In case of sicksaid commissioners shall attend at the time and place for holding ncsa, ho under the said election, he is hereby empowered to associate with himself shall act. 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 ofe- Sheriffs and ser, very county, and of the sergeant of every corporation, entitled to geants to attend commissioners elect, to attend the said commissioners during the said election, 2011 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 she. riff's & commisthe poll, being required 60 to do by a candidate or person qualifi- sichers for fuiF Jure of duty. day of 1803. ed, or shall take it contrary to this act, or shall make or sign a false return, or shall falsify the polls or tickets by erasure or alteration, he or they so offending, shall for every such 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 person who will sue for the same. After the said return shall be made, it shall be Duty of commis- the duty of the said commissioners to seal up all the tickets or votes sioners after re. by them received in manner herein directed, and endorse their turn, names upon the cover as aforesaid, which shall be preserved by one of the said commissioners, 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 demanded within six months, the commissi. oner holding the same shall no longer be considered as answerable Governor and for them. The governor with the advice of council, is hereby emcouncil to defray powered to defray by order on the treasury, all reasonable expeuses expanses attend, which may attend the execution of this act, and also the expense ing the . on of this act. which may be incurred by transmitting the said returns to the exe cutive, wherever it shall appear that it was necessary to employ a special messenger for that purpose. shall filled. Where electora 3. And be it further enacted, That the twenty-four persons have fail to attend, ing the greatest number of votes under this act, shall be the electors boxy tbe wacancy of a president and vice-president of the United States, for and on behalf of this state ; provided they attend for that purpose at the capitol, in the city of Richmond, and at the time appointed by law; but if it shall so happen that any one or more of the said electors chosen by the people under the authority of this act shall from any cause whatever, fail to attend at the place appointed by the said act for the meeting of the electors at three o'clock in the afternoon on the day preceding the day appointed for their meeting by the act of congress, it shall then be lawful for the senate and house of delegates, and they are hereby required by joint ballot, to proceed to supply such vacancy or vacancies, until the number of twenty-four electors for the purpose aforesaid is completed; but if the legislature shall not be in session on such day, it shall be lawful for the governor, with the advice of council to supply such vacancy or vacancies; which elector or electors so appointed, shall be entitled to vote for a president and vice-president of the United States, in the same manner as if he or they had been chosen in the manner before pre scribed. Provided nevertheless, That if any elector or electors choProviso. sen by the people under the authority of this act, shall attend at the hour of ten in the morning of the day appointed for their meeting as aforesaid, then the appointments made for the purpose of supplying such supposed vacancy shall be void and of no effect. Repealing clause. 4. All acts and parts of acts that come within the purview of this act, shall be, and the same are hereby repealed. Further proviso. 5. Provided that nothing herein contained shall be so construed as to authorise any compensation to be made to the commissioners to be appointed under this act. Commencement. 6. This act shall commence and be in force from and after the passing thereof. 1. CHAP. XXXII. 1803. An Act to amend an act concerning the manufacture of tobacco.* [Passed January 24, 1804. ] BE E it enacted by the General Assembly, That if any person shall Penalty for ma presume to stem or manufacture tobacco without having ob- pufacturing totained a license in the manner prescribed by the act passed the bacco widhiout a license. twentieth of January, one thousand eight hundred and one, he shall for every such offence forfeit and pay the sum of one hundred dollars, to be recovered by an action on the case, wherein the defend. ant shall be ruled to bail, in the name of the deputy attorney of the county or corporation in which such offence shall be committed, for the use of the commonwealth ; the expenses of which prosecution 1 shall be certified by the court in which the prosecution was carried on, and the auditor is hereby authorised to grant a warrant upon the treasurer for the same. And the said offender shall moreover forfeit and pay the sum of ten dollars for every ten pounds of tobacco so by him or her stemmed er manufactured, to be recovered by a warrant before any justice of the peace for the county or corporation in which the offence shall be committed, one half of which fine shall be to the use of the informer, and the other half shall be applied towards lessening the county or corporation levy; and moreover, it shall be the duty of the magistrate before whoin such warrant shail be tried, to order all the tobacco found in such stemmery or manufactory, together with every sort or kind of implement employed in the same, to be seized and kept by the proper oficer of the county or corporation, until the next court to be held for the same, when it shall be the duty of the said court to direct the same to be publicly sold, the proceeds of which saie shall be applied one half to the use of the informer, and the other half to be applied towards lessening the county or corporation levy, 2. It shall be the duty of the county or corporation courts in which Inspectors to be any licenses to stem or manufacture tobacco shall have been grant- appointed. ed, to appoint, at their sessions in the month of April in each year, a fit and suitable person to act as inspector of the said county or corporation for one year, whose duty it shall be to inspect all manu. Their duty. factured tobacco within the same, and if, in his opinion, such tobacco be good, clean and merchantable, he shall pass the same, stamp or mark the cask wherein it is packed or prized, and grant a certificate, that the same has been inspected according to law. He shall inspect no tobacco, for which the manufacturer shall not produce a mani a fest, and is hereby authorised and directed, to seize such tobacco wherever it may be found, dispose thereof, and pay the money arising therefrom, into the public treasury. The compensation for his Their pay. services shall be fixed by the court which made his appointment, to be paid by the stemmer or manufacturer according to the services actually performed. 3. And if any person shall presume to sell tobacco stemmed or Penalty for sell. manufactured, within this commonwealth, without the inspector's ing without a certificate, he shall be subject to the like penalty of ten doliars for certificate. every ten pounds of manufactured tobacco, so by him sold, or of. fered to be sold, to be recovered in like manner as directed by this act. • See Revised Code, vol. 1, ch. 278, pa. 409.-Also, post ch. 73, sec. 4. 180$. 4. Nothing herein contained shall be so construed as to prevent planters or farmers in country places, from stemming or manufacNot to affect far- turing tobacco, the produce of their own farms or plantations; nor mers in any coun shall this act extend to any county westward of the Blue Ridge, nor ty west of the Blue Ridge. to any county in which there is no inspection established by law. Casks to be bran. 5. Bc ít further enacted, That every person so manufacturing, ded. shall cause to be branded upon the cask containing the tobacco so stemmed or manufactured, his own name and the name of the coun. ty in which he shall reside, which said brand or înark shall justify any person in selling the same, notwithstanding the provisions con tained in section sixth of this act, Commencement. 6. This act shall commence and be in force from and after the passing thereof. CHAP. XXXIII. in certain cases.* [Passed January 24, 1804.) Slaves to be re. 1. E it enacted by the General Assembly, That in all cases where gistered in cer. any slave or slaves shall be allotted to any widow for her dower or shall be devised to her for life in lieu thereof; or shall be held by any person for his or her life only or the life of any other person or persons, every such person entitled to such life estate, or his or her guardian, if he or she be an infant, shall within sixty days after coming to the possession of any such slave or slaves, cause to be lodged with the clerk of the court of that county wherein he or she resides, a list containing the names of all such slaves, des Flenalty for nc. scribing their ages and sexes, under the penalty of fifty dollars for glect. each slave; that such clerk shall record the said list in a well bound book tq be kept for that purpose ; for which he shall receive from the person furnishing any such list a fee of one dollar ; that the in a crease of all such slaves, shall, within the like time from their births in like manner be registered with the said clerk, under the like pens alty, and for a farther fee in each case of twenty-five cents. That in case of the intermarriage of any such widow, her husband shall from that time perform all the duties required of her by this act, under the like penalties. How the penalty 2. That all the penalties incurred by this act shall go and accrue shall be applied to any party aggrieved, to be recovered with costs by action of debt, bill, plaint, or otherwise, in any court of record. 3. This act shall commence and be in force from and after the Commencement. first day of June r. xt. CHAP. XXXIV, ceeding against free persons charged with certain crimes, directing [Passed January 24, 1804.] Free persons 1. E it enacted by the General Assembiy, That from and after charged with criminaloffences how to be committed. * This refers to the 2d section in consequence of the engrossed bill being amended. a , |
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