a slave, shall be charged before a justice of the peace with any trea. 1803. son, murder, felony, or other crime or offence whatsoever against this commonwealth, if, in the opinion of such justice, such offence ought to be enquired into, in the courts of this commonwealth, such justice shall take the recognizance of all material witnesses, to appear before the court of his county or corporation, to give evidence against the offender, and immediately by his warrant, commit the person so charged, to the county or corporation jail; and moreover, shall issue his warrant to the sheriff of the county, or sergeant of the corporation, requiring him to summon at least eight, if so many there be, of the justices of the county or corporation, to meet at their courthouse on a certain day, not less than five nor more than ten days after the date thereof, to hold a court for the examination of the fact; which court, consisting of five members at least, shall con- How the fact ta sider whether, as the case may appear to them, the prisoner may be be enquired

into discharged from farther prosecution, or may be tried in the county or corporation, or in the district court; and shall thereupon proceed in the same manner as prescribed by the act, entituled, “ An act, directing the method of proceeding against free persons charged with certain crimes, declaring the mode of proceeding on indictments, informations and prosecutions on penal statutes , and for preventing vexatious and malicious prosecutions, and moderating amercements.” If any justice before whom any person is charged Penalty on justiwith any such crime or offence, shall commit such person to jail

, ces and sheriffs

forneglect of duand neglect or refuse to issue his warrant immediately for summoning the justices of his county or corporation, to hold a court for the examination of the fact; or if any sheriff or sergeant shail neglect or refuse to obey such warrant, or neglect or refuse to return the warrant to the court so summoned, endorsing thereon the manner in which he has executed the same, every person so neglecting or re: fusing hereafter, shall, in either case, forfeit and pay the sum of one hundred dollars to the use of the commonwealth, to be recovered How to be recom by action of debt or information, in any court of record, and inore- vered. over, shall be subject to the action of the party aggrieved, in which, if he or she recover, he or she, besides damages, shali recover double costs.

ty

2. Be it further enacted, that when any person shall be sent by a Witness's recounty or corporation court, to the district court to be tried for cognizanoes to treason or felony, the clerk of the court of the county or corporati- to district courts

be transmitted on, shall transmit an.1 certify immediately, to the clerk of the district court, a copy or copies of the recognizance or recognizances, of each and all the witnesses, recognized to appear at the district court, to give evidence against the prisoner; and if the witness or witnesses, so bound to appear, shall fail to appear, pursuant to his, her or their recognizance, the district court shall immediately cause his, her or their default to be recorded; and it shall be layful for the district court to is- Procee dinge sue a writ or writs of scire facias, upon which the like proceedings thercon in case shall be had as if the recognizance of the witnessor witnesses had been of a breach. taken in the district court : Provided, that the witness or witnesses, shall first be summoned to shew cause, if any he, she or they can, why such scire facias should not be issued. In like manner, the clerk of Also on rrison. the court of any county or corporation, shall certify and transmit ers recognizanto the clerk of the district court, a copy or copies of the recognizance ces, which are

be of any prisoner let to bail, who is to be tried in the district court, and ted to district also a copy or copies of the recognizance or recognizances of his cours

more than once

1803. or her bail; and if any prisoner lct to bail shall fail to appear in the

district court, pursuant to his or her recognizance, the district court shall immediately cause his or her default to be recorded, and shall issue a writ or writs of scire facias against the prisoner and his or her bail, upon which the like proceedings shall be had, as if the prisoner had been let to bail by the district court. The copy or copies of all recognizances so certified and transmitted to the clerks of the district courts, by virtue of this act, shall be admitted and received as evidence in the said courts, in like manner as the original or origi

nals might have been, had they been entered into in the district Penalty on clerks courts. Any clerk failing to perform the duties required of him for neglect of du- by this act, shall forfeit and pay for each failure, to the use of the

commonwealth, the sum of one hundred dollars, to be recovered by action of debt or information, in any court of record. Any clerk failing to perform the duties required of him by the twentieth section of the before recited act, shall forfeit and pay to the use of the commonwealth the sum of fifty dollars, to be recovered in any court

of record by action of debt or information. Prisoners not 3. Be it further enacted, That if any person charged with any to be examined crime or offence against the commonwealth, shall be acquitted or for same offence discharged from further prosecution by the court of the county or

corporation in which the offence is or may by law be examinable, he or she shall not thereafter be examinéd, questioned or tried for the same crime or offence, but may plead such acquittal or discharge in bar of any other or further examination or trial for the same crime or offence, any law, custom, usage, or opinion, to the contra

ry, in any wise notwithstanding. Examining court

4. Be it further enacted, That a court held by virtue of this, or may adjourn to a the before recited act, for the examination of any person charged subsequent day If necessary.

with any crime or offence against the commonwealth, may, for good cause shewn, adjourn to any subsequent day: Provided, That they shall not adjourn for a longer period than three days, except on the application of the prisoner, and then for not more than ten days from the day of adjournment, at which time such proceedings shall be had as if the court had proceeded to the examination of the fact,

at their first sitting. Criminal not to 5. Be it further enacted, That before any person charged with be tried in dis

treason or felony, shall be tried before a district court, he or she trict court till examined in in. shall be examined in the manner prescribed by law, by the court of ferior courts. the county or corporation, wherein the offence was committed. Judgment after 6. Be it further enacted, That after the verdict of twelve men, verdict not to be

no judgment on any indictment or information, for felony, or any for in indictment if other offence whatsoever, shall be stayed or reversed, for any supoffence is plainly posed defect or imperfection in any such indictment or information, stated.

so as the felony or offence therein charged to have been committed or done, be plainly and in substance set forth with convenient certainty, so as to enable the court to give judgment thereupon, according to the very right of the cause, any former law, custom or usage

to the contrary notwithstanding. This act not to 7. Nothing in this act contained shall be so construed as to apply apply to certain to any indictment or information already filed and now depending,

or in any manner to repeal the act directing the mode of suing out and prosecuting writs of habeas corpus or the act directing what prisoners shall be let to bail.

W

8. All acts and parts of acts within the purview of this act, are 1803. hereby repealed.

Repealingclause 9. This act shall commence and be in force from and after the first

Commencing day of April next.

clause. CHAP. XXXV. An Act further declaring what shall be deemed unlawful meetings of

Slaves. *

[Passed January 24, 1804.)
HEREAS it is represented to the general assembly, that it Preamble.

is a common practice in many places within this commonwealth, for slaves to assemble in considerable numbers at meeting houses and places of religious worship, in the night, which, if not restrained, may be productive of considerable evil to the community,

1. Be it therefore enacted, That all meetings or assemblages of What shall be slaves, at any meeting house or houses, or any other place or places, in considered unthe night, under whatsoever pretext, shall be deemed and considered lawful meetinga

of slaves. as an unlawful assembly, and any justice of the county or corporation wherein such assemblage shall be, either from his own knowledge, or the information of others, of such unlawful assemblage or meeting, may issue his warrant, directed to any sworn officer or officers, authorising him or them to enter the house or houses, where such unlawful assemblages or meetings may be, for the purpose of apprehending or dispersing such slaves, and to inflict corporal punishment on the offender or offenders at the discretion of any justice of the peace, not exceeding twenty lashes.

2. And be it further enacted, That the said officer or officers shall Persons may be have power to summon any person to aid and assist in the executi- summoned to esa on of any warrant or warrants directed to him or them for the

sist in executing

purpose aforesaid, who, on refusal, shall be subject to a fine at the discretion of the justice, not exceeding ten dollars: Provided, That the Proviso. provisions of this act, shall not extend to any county west of the Blue Ridge.

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

clausc. 4. This act shall commence and be in force from and after the Commencements passing thereof.

2 warrant.

CHAP. XXXVI.
An Act to amend and reduce into one, the several acts of the General
Assembly, for regulating the Militia of this Commonwealth.t

[Passed January 28, 1804.]
HERE AS, a well regulated militia constitutes the great de. Preamble,

a

it

a

the laws of the Congress of the United States, providing for the na

Explained and amended at the next session, see post chap. 47. + See Revised Code, vol. 1, ch. 146, pa. 282–ch. 152, pa. 307-ch. 153, pa. 310 ch. 182, pa. 331 ch. 241, pa. 383—ch. 263, pa. 400, for arming militia. Sess.acts, 1800, ch. 45, pa. 24, for arming the militia of certain towns. Ante. ch. 6, for the distribution of arms in certain cases. See post ch. 52ch. 84ch. 110_ch. 112; concerning the distribution of public arms.

1803.

tional defence, by establishing an uniform militia throughout the United States;

Brigades and di. 1. BE it therefore eriacted, That the counties of Accomack, visions formed. Northampton, Princess Anne, Norfolk and the Borough of Norfolk,

shall compose one brigade ; the counties of Nansemond, Isle of Wight, Southampton, Surry, Sussex and Prince George, one brigade; the counties of Elizabeth City, Warwick, York, James City, Charles City, New Kent, Hanover, Henrico, and the cities of Richmond and Williamsburg, one brigade ; the counties of Gloucester, Mathews, Middlesex, Essex, King William, King and Queen, Lancaster, Northumberland, Richmond and Westmoreland, one brigade; and the said brigades shall compose one division. That the counties of Loudoun and Fairfax, shall compose one brigade; the counties of Fauquier, Prince William, Stafford and King George, one brigade; the counties of Culpeper, Madison, Orange, Spotsylvania and Caroline, one brigade ; the counties of Louisa, Goochland, Fluvanna, Albemarle and Amherst, one brigade; and the said brigades shall compose one other division. The counties of Frederick, Berkeley and Jefferson, shall compose one brigade; the counties of Rockingham, Augusta and Shenandoah, one brigade ; the counties of Wythe, Montgomery and Monroe, one brigade; the counties of Washington, Russell, Lee Grayson and Tazewell, one brigade; the counties of Rockbridge, Botetourt, Greenbrier, Bath, Kanawha and Mason, one brigade; the counties of Hampshire, Hardy and Pendleton, ono brigade ; the counties of Monongalia, Ohio, Brooke, Harrison, Randolph and Wood, one brigade; and the said brigades shall compose another division. The counties of Henry, Patrick, Franklin, Campbell and Bedford, shall compose one brigade ; the counties of Pittsylvania, Halifax, Charlotte and Prince Edward, one brigade ; the counties of Dinwiddie, Greensville, Brunswick, Lunenburg and Mecklenburg, one brigade; the counties of Chesterfield, Amelia, Nottoway, Powhatan, Cumberland and Buckingham, one brigade ; and the said brigades shall compose another division.

Battalions and regiments:

2. And be it further enacted, That the several counties and corporations within this commonwealth, shall constitute the battalions, portions of battalions, regiments or portions of regiments, as now established: Provided, That it shall be lawful for the executive to consolidate and divide regiments, in the several counties, as circumstances may require.

How field offi.

a

3. And be it further enacted, That there shall be an adjutant gecers shall be ap neral for the militia of the state, a major general to each division, pointed & commissioned. and a brigadier general to each brigade, to be appointed by joint bal.

lot of both houses of the general assembly, who shall reside within the limits of their respective commands. Each major general shall

: appoint his own aid-de-camp, and each brigadier, his own brigade inspector. The brigade inspectors shall reside within the limits of the brigades for which they are appointed. And the governor with the advice of council, shall commission the several major generals, brigadier generals, and the adjutant general, who may be hereafter appointed, pursuant to this act; and all vacancies hereafter accruing in any of the said offices, shall be supplied by appointments in like manner to be made.

4. And be it further enacted, That the governor, with the advice 1803. of council, shall be, and he is hereby authorised and required, to appoint and coinmission, to each division, one lieutenant colonel commandant and two majors, to command the several companies of artillery and cavalry (as the case may be) annexed to each division, and to arrange such companies of artillery into regiments and battalions, in such manner as to them may seem most convenient, to be denominated the

regiment and battalion of the

regiment of artillery, or cavalry, (as the case may be) and all returns of the strength and state Commanding of of the several companies of artillery and cavalry, shall be made by ficers of artillery the commanding officers of the several regiments, battalions and and cavalry to

make returns. companies, under the like rules, regulations and penalties, as are by law directed, with respect to the rest of the militia.

5. And be it further enacted, That, where it has not already been Courts to recomdone, the courts of the several counties and corporations, shall, from mend the neces. the field and other officers, who hold commissions in the militia, pro- say officers. ceed to recommend to the executive, the officers necessary to complete the regiments, battalions and companies, pursuant to this act; and the persons so recommended, shall be commissioned by the go-moving out of his

[ Officer res vernor, agreeably to the constitution of this state. And all vacan- county or bounds cies thereafter happening in the said offices of the militia, shall be of his regiment, supplied by appointment of the governor, with the advice of the crnetpertorting

duty for 8 months council, or recommendation from the court of the respective county considered as reor corporation where such vacancy happens, any thing in any act to sig ned. See post the contrary notwithstanding.

ch. 53, sec. 2] 6. All

persons who hold commissions under the late militia laws V'ho shall be of this state, prior to the year one thousand seven hundred and nine- considered suty-five, and who have not been recommended by their respective ficers.

pernumerary of courts, shall be considered as supernumerary officers; but may be [Recommendarecommended to supply vacancies hereafter happening in the offi- tions and qualificers of the militia, and in case any supernumerary officer, so recom- to be entered by

cations of officers mended, shall, on such recommendation, refuse to serve, such offi- clerks without cer shall no longer avail himself of his former commission, so as to fees. Rev. Code, claim an exemption from military duty.

pa.

362,

sec. 2.) 7. And be it further enacted, That each and every officer who may Сficers to take be bereafter appointed and commissioned in manner aforesaid, an oaih. shall, previous to his entering on the execution of his office, take the following oath, (to be administered by a justice of the peace, or the court of the county a corporation, in which such officer resides) to wit; “I that I will be faithful and true to the commonwealth of Virginia, of which I profess myself to be a citizen, and that I will faithiully and justly execute the office of

in the militia thereof, according to the best of my skill and judgment, so help me God.” If the said oath be administered by a justice of the peace, it shall be his duty to certify the same to the court of his respective county or corporation, there to be entered of record by the clerk.(a)

8. It shall be the duty of the executive to number by ballot, where Divisions, tri the same has not already been done, the several divisions, brigades garley and wgi. and regiments, and cause the same to be registered in the office of ments to benuvir

bered. (a) Any officer failing to qualify to his commission within one month after receiving it, sball be considered as having vacated it. Ses post eb. 110, sce.7.

G

vol1,

do swear,