ties until a clerk for the superior court shall be appointed and qualified. 18. And be it further enacted, That the clerk of the distriet Provision relacourt of Williamsburg shall be the clerk of the superior court of țing to Williams burg, James-City James City, and not of the superior court of York, and all judg. and York. ments rendered in the said district court before the first day of January last, which were on that day, wholly or in part unexecuted, shall be executed by the said superior court of James City. And in all cases where fortlicoming bonds have been taken on any judgment rendered in the said district court, the superior court of James City shall have full power to award execution ; and shall have and exercise all power relative to the same which the said district court had. And the said superior court of James City, and the clerk thereof, shall have the same power, and perform the same duties, relative to replevy bonds, and twelve months boods, which the said district court had, and the clerk thereof might have performed. 19. Be it further enacted, That the courts established by this In wliat cases act and the acts to which this is an amendment, shall have concur- concurrent juris, rent jurisdiction with the quarterly courts in all matters of de- diction with county courts. tinue and trover. 20. And be it further enacted, That it shall and may be lawful Judges may exfor the judges of the courts established by this act, at any time to change circuits. exchange with each other the circuits to which they may be as. signed, which exchange shall be perpetual. 21. All acts and parts of acts coming within the purview of this act shall be and the same is bereby repealedl. Repealing clasue 22. This act shall commence and be in force from and after the Commencemeu, passing thereof. Sec Rod. C. CIIAP. VII. 2d vol. p. 58, 83, 100 ; and in Act to amend the Act, entilled.6. An Act, to amend the Act, en- sessions aets of titled an Aet for reducing into one, the sereral Acts, for regula- 1803, ch. 91– 1804, ch. 13ting the Inspection of Tobacco. 1805, ch. 70; also [Passed January 24, 1809.] post, ch. 49 and 1809, ch. 19. E it enacted by the General Assembly, That when any to. Provision where 1. ed in a public ware-house three years after the same hath been or main undemandshall be inspected, or where any inspected tobacco shall have been ed 3 years in pub lic ware houses or may hereafter be brought from an upper to a lower warchouse, and sliall remain undemanded in the same ior three years from the time of its reception therein, the inspectors shall advertise in any newspaper published in this commonwealth, most convenient to the ware-house where the tobacco may be, for three wecks suceessively, a list of the marks, numbers and weights of such tobacco, with the names of the persons for whom it was inspected :And if no owner appears to claim the same within three months, they shall, at the next court to be holden for the county in which such ware-house shall be, after the expiration thereof, and advertising as aforesaid, deliver to the court the like list, which court is hereby empowered and required to order the same to be publicly sold at the court-louse door, on a court day, to the highest bidder : The clerk of such court shall transmit within three months to the auditor of public accounts, a list of such tobacco so direct cd by the court to be sold, and the money arising from the sale thereof shall be paid by the inspectors to the treasurer of this state for the time being, on or before the tenth day of October then next following, who shall account for the same from time to time, to the General Assembly ; and if any person, having a right to any tobacco, so sold, shall prove the same thereto, the said treasurer shall repay the same to such person or persons for wliom such tobacco was sold. Penalty on in- 2. And be it further enacted, That on the failure of such inspecspectors for fails tor or inspectors to pay into the treasury of this commonwealth, ing to pay. within the time hereinbefore mentioned, the money arising from the sale, or sales of such tobacco, or on his or their failure to pay any other monoy, which shall be due and payable from him or them to the commonwealth, according to law, it shall and may be lawful for the auditor of public accounts, having given ten days previous notice on his or their bond or bonds, to recover judg. ment in the general court, on motion against such inspector or inspectors, his or their security or securities, or his or their executors or administrators, for the amount so remaining due and un paid with costs. May be sued ou 3. And be it further enacted, That any person or persons injurtheir bonds. cd by the breach of the condition of any bond or bonds heretofore or hereafter given by any such inspector or inspectors, may and shall, at his, her or their costs and charges, commence and proseoute suits on such bond or bonds in the name of the Governor or Chief Magistrale, or his successors, agair.si the parties therein bound; their executors or administrators, and shall a.d may recover all dainages which hie, she or they may have sustained by reason of the breach of the condition or conditions of such bond or bonds; in which suit or suits, a copy of such bond or bonds shall be legal evidence, if certificd by the clerk of the court of that cowoty in which it shall have been taken, unless the defendant or defendants shall plead “ non est factam,” in which case the original shall be produced. And such bond or bonds shall not become void upon the first recovery, or if judgment shall be given against any plaintiff or plaintiffs who shall sue thereon ; but suits may be prosecuted thereon, from time to time, for the benefit and at the proper costs and charges of any partly injured, until the penalty expressed in such bond or bonds suall be recovered : Provided ala ways, That if any verdict or judgment shall pass for the defen. fant or defendants in any such suit, the person at whose instance such suit shall have been brought or prosecuted, shall pay such defendant or defendants, his or their costs. Storage to be 4. Ini be it further enacted, That the proprietor or proprie. paid. tors of all tobacco shall pay the same storage as lieretofore, and that the commonwealth be bound to make good ail and every loss, Commonwealth, which how long respon any person or persons may sustain by his or their tobacco, sible. so stored, being destroyed by fire within any period of time not ex ceeding two years from the date of its inspection. Remedy where 5. And be it further enacted, That if any inspector's receipt or inspector's re receipts liath been or shall be actually lost, mislaid or destroyed ceipt may be lost in the lifetime of the person or persoas entitled to receive the to bacco by virtue of such receipt or receipts, or between the death of such person or persons, and the qualification of his, her or their executor's or administrators, the executors or administrators of such person or persons shall be entitled to receive a duplicate of lliç same : Provided, The number and date of every such receipt or receipts, to whom and where payable and for what quantity of tobacco the same was given, and that such receipt or receipts are lost, mislaid or destroyed, and that he, she or they are lawfully entitled to receive the tobacco therein mentioned, be sworn to before any justice of the peace of the county where the same was payable, either by the executor or administrator', or any indifferent person. And the executor or administrator shall, in other respects, pursue the mode prescribed by the forty-first section of the act, entitled, “ An act for reducing into one the several acts of See Rey'd assembly for the inspection of tobacco," passed the twenty. Cole, 1st vol. p. ninth of November, in the year seventeen hundred and ninetytwo. 5. This act shall commence and be in force from the passing Commencement. thereof. 267. CHAP. VIII. See Rev'd tai several Acts of Assembly, for the Inspection of Tobacco. 1st vol. p. 259. [Passed February 4, 1809.] HEREAS doubts have arisen, whether inspectors of tobac Preambler co should be allowed any compensation by the public for any hanıls which have to attend the ware-bouses under their care by the sixteenth section of the law entitled “ An Act reducing into one the several acts of assembly for the inspection of tobacco; to obviate which, 1. Be it enacted, That they shall not be allowed by the common- No compensatiot wealth any compensation for the services of such hands. for hands, &c. 2. This law shall commence and be in force from the passing Commencement thereof. CHAP. IX. vin Act, authorising the President of the United States to open an Inland Navigation from the Chesapeake Bay or the Port of Norfolk, to the Channel of Currituck Sound, and from Lynhu. oen Bay to the eastern branch of Elizabeth River, [Passed January 30, 1809.] it enacted by the General Assembly, That it shall be lawful President of the 1. authorised, so soon as the assent of Congress shall be given there cause inland 'na. to, and the necessary sum of money appropriated therefor, to o- vigation to be co pen an inland navigation, from the Chesapeake Bay, or the port pened. of Norfolk, to the channel of Currituck Sound, and also from Lynhaven Bay to the eastern branch of Elizabeth River. 2. This act sball commence and be in force from the passing Commencemena thereof. CHAP. X. 65 jn Act to explain and amend the Act, entitled "an Act, for redutSee Rev. C. cing into one, the several Acts concerning the Land-office, as1st vol. ch. 86, p. certaining the terms and manner of granting wasle and unap141, 151. proprioted Lunds, for selling the titles and bounds of Lands, directing the mode of processioning, and prescribing the duty of Surreyors. (Passed February 1, 1809.] Preamble. WE THEREAS by the fortieth section of the act entitled "an act, for reducing into one, the several acts concerning the Land Office, ascertaining the terms and manner of granting waste Ibid, p. 147. and unappropriated lands, for settling the titles and bounds of lands, directing the mode of processioning, and prescribing the du. ty of surveyors," it is among other things provided in general terms, that all persons, as well foreigners as others, shall have a riglit to assign warrants or eertificates of survey for lands, withont preseribing any particular mode of assignment; and whereas it is represented to this present General Assembly, that there are mapy land warrants outstanding, which have been transferred, sometimes by the mere endorsement of the name of the holder, and at others by assigament, without attestation, and doubts have arisen, whether in such cases it would be proper for the Register of the Land Ofice, to grant to the present holders, new warrants, in exchange for warrants so transferred and assigned ; Exchange war. 1. Bc it enacted, That the Register of the Land Office may, and rants, how to be he is hereby authorised & required, on the application of the present granted. holder or holders thereof, to receive any land warrant beretofore issued, although such warrant may have been transferred by the mere indorsement of the name or unattested assignment of the original purchaser, or any subsequent holder, and to grant other warrants in exchange there for in the mode heretofore prescriProviso. bed by law ; Provided always, That no such exchange shall be mado, unless the applicant therefor shall have previously annexed to such warrant his own affidavit, stating that, so far as he knows or believes, the indorsements or assignments appearing on such warrant have been made fairly and bona fide ; and that he or those in whose name or names such exchange is sought is or are the true and rightful proprietor or proprietors of such warrant. Original war. 2. And be it further eracted, That such original warrant, with rasts, with affida- the aflidavit thereto annexed, shall be carefully filed away by the viis, to be pre- Register of the Land Office; and it shall be lois duty to publish Dities of Regis. quarter yearly in some newspaper published in the city of Rich mond, a list of all original warrants, for which exchange war. rants have been granied ; noting therein the date of such eriginal, the right on which it issued, the quantity of land, the name of the original holder, of every indorser, assignor and assignee, and the name and residence of the person or persons to whom exchange warrants have been granicd therefor; Provided, That nothing Provisa. herein contained sill be construed as impairing or in any manner affecting the rights of individuals to such original warrant, other than those to whom such exchange warrants may have been granted ; but such individuals may be at liberty to contest the rights growing out of such warrant in the same manner as if this act had never passed. served. ters. S. And be it further enactel, That no treasury land warrant Warrants, how hereafter issued shall be assignable but by written assignment on assignable. the back of such warrant, attested by two or more witnesses; and that no new warrants shall be hereafter granted in exchange for buch warrant, unless it shall be signed in the manner required by this section. 4. And be it further enacted, That in future the fees for copies Tees to be paid. of the Register of the Land Office, to be by him paid into the public treasury, shall be as follows: for a copy of a grant, or patent of land, where the same doth not exceed four hundred words, sixty-three cents; and for every thirty words thereafter, three pents; for a copy of a plat and certificate of survey, where the same doth not exceed ten courses, sixty-three cents, and for every course thereafter, two cents; and for any other copy or certificate, where the fee is not already fixed by law, and dotii not exceed two hundred words, twenty-five cents; and for every thirty words thereafter, three cents, and no more, any law to the contrary notwithstanding 5. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. XI. An Act concerninSpecial Courts of Appeals. [Passed February 2, 1809.] E it enacted by the General Assembly, That whensoever a Provision for 1. judge of the court of appeals shall be disabled by sickness holding special or infirmity from attending the said court during one whole term in certain cases. courts of appeals thereof, and it shall appear probable in the opinion of the other judges that the disability will continue during the next succeeding term, and if at the same time one or more of the remaining judges of the said court be interested in any suit or suits pending therein, so that, from the combined causes of disability and interest, à court cannot be formed for the trial of such suit or suits, a special court shall be summoned for the purpose of trying such suit or suits, in the same manner, and under the same regulations as prescribed by the fifth and sixth sections of the act entitled ** An acl, for reducing into one act, the several aots concerning + See R. Code, the court of appeals and special court of appeals.” 1st vol. p. 61. 2. The said court when in session shall be attended by the same Regulations, &c. officers, have the same powers and allowances, take the same oaths, and be governed by the same regulations, as are prescribed by the seventh, eighth, ninth and tenth sections of the before recited act. 3. This act shall commence and be in force from and after the Commencement, passage thereof, CIIAP. XII. to An Act concerning the service of Warrants for small Debts. [Passed February 3, 1809.] E it enacted by the General Assembly, That it shall not be Sheriffs and de lawful for any sheriff or deputy sheriff, to serve any war. puties not rant issued by any justice of the peace, requiring any person or serve warrants. persons to appear before any justice of the peace, to answer in any 1. BEI |
