Cbe Mbmxp of Qe Onfoewftp of J!3ortfc Carolina (Entootoefc ftp We ^Dialectic ant 3^5. 1£ IBG3/&4 This BOOK may be kept out TWO WEEKS ONLY, and is subject to a fine of FIVE CENTS a day thereafter. It is DUE on the DAY indicated below: Digitized by the Internet Archive in 2012 with funding from University of North Carolina at Chapel Hil http://archive.org/details/actsofgeneralass2275virg OF THE GENERAL ASSEMBLY OF THE ^TE OF VIEGINIA, PASSED AT CALLED SESSION, 1863, IN THE EIGHTY-EIGHTH YEAR OF THE COMMONWEALTH, " RICHMOND : WILLIAM F. RITCHIE, PUBLIC PRINTER, 1863. LIBRARY UNIV. ©F KORTH CAROLINA PUBLIC OR GENERAL ACTS. Chap. 1. — An ACT amending and re-enacting the 109th section of an act eatitled an act imposing Taxes for the Support of Government, passed March 28th, 1863. Passed September 14, 1863. 1. Be it enacted by the general assembly, that the one hundred Act of 1863 and ninth section of an act entitled an act imposing taxes for the amtnded support of government, passed March twenty-eighth, eighteen hun- dred and sixty-three, shall be and the same is hereby amended and re-enacted so as to read as follows : "§ 109. Be it enacted by the general assembly, that the Con- What notes re- federate States treasury notes shall hereafter be receivable by ment of taxe?" sheriffs and other collecting officers in payment of taxes and other public dues to this state." 2. This act shall be in force from its passage. Commencement C'HAP. 2. — An ACT authorizing the payment of Fees of Commissioners of the Revenue. Passed October 31, 1863. 1. Be it enacted by the general assembly, that if fees for issuing Fees of commis- a license to which a commissioner of the revenue is entitled, shall be sio " , ' rs ' how included in the tax on the license, ami paid into the treasury, it shall pai be lawful for the auditor of public accounts to j>aj to the commis- sioner the amount of fees to which he is entitled; to be paid by war- -rant upon the treasury, out of any money therein not otherwise appropriated. 2. This act shall be in force from its passage. Commencement Chap. 3. — An ACT declaring what Contracts shall he payable in Currency. Passed October 14, 1863. 1. Be it enacted by the general assembly, that every contract What contracts made on or after the twentieth day of October eighteen hundred and P a " able in cur /» " r6DCV sixty-three, for the payment of money, shall be deemed to be for the payment of the sum expressed or implied, in the currency which at the time the contract becomes payable, shall be receivable in pay- . ments to this state, unless this intendment shall be expressly r ^excluded. 2. This act shall be in force from its passage, and until the expi- Commencement ■ ration of six months after a treaty of peace between the Confederate and durati0 » States and the United States. Chap. 4. — An ACT to suppress the further issuing of Small Notes as a Currency by the Counties, Cities and Towns of this Commonwealth. Passed September 22, 1863. 1. Be it enacted by the general assembly, that from and after the County, city or passage of this act, it shall not be lawful for any county, city or town town not to issue within this commonwealth to issue, or put in circulation as a cur- rency, any note, scrip or certificate ; and all the acts and parts of APPKOFRIATTONS.-— PUBLIC DEFENCE. Commencement acts heretofore enacted authorizing such issues, are hereby repealed : provided, however, that this act shall not be so construed as to pre- vent the circulation of all such notes as may have been issued by such county, city or town previous to the passage of this act, and not redeemed ; but when once redeemed, the said note, scrip or certifi- cate shall not again be put in circulation : and provided further, that this act shall not be so construed as to prevent the several counties, cities and towns of this commonwealth from issuing any bond or bonds, under and by virtue of the laws authorizing such issues, and now in force. 2. This act shall be in force from its passage. Appropriation trenerai assem- bly Convicts Officers and privates Lieut. E. S.Gav Slaves con- demned Claims allow- by auditing; board Commencement Ch.\p. 5. — An ACT making an Appropriation to pay certain Expenses of Government. Paased September 26, 1863. 1. Be. it enacted by the general assembly, that in addition to the money appropriated by the act entitled an act appropriating the pub- lie revenue for the fiscal year eighteen hundred and sixtj r -two and three, passed March twenty-eighth, eighteen hundred and sixty- three, there be appropriated the following sums, to wit : To pay the per diem, mileage and other expenses of the general assembly, incurred in the September session eighteen hundred and sixty-three, sixty thousand dollars. To pay for subsistence and other supplies for the support of con- victs and transports in the penitentiary, thirty thousand dollars. To pay officers and privates, for rations, clothing and other allow- ances to the public guard, and ordnance sergeant at the military in- stitute, including temporary quarters, thirty thousand dollars. To pay Lieutenant E. S. Gay, the amount of a judgment in his favor, rendered by the circuit court of the city of Richmond, five hundred and eighty-four dollars and forty cents. To pay for slaves condemned and executed, or reprieved for sale and transportation, fifteen thousand dollars. To pay claims allowed, or which may be allowed by the auditing board, and when required by the act passed March twenty-eighth, eighteen hundred and sixty-three, to be reported by them to the general assembly for an appropriation by law, an amount not exceed- ing five thousand dollars. 2. This act shall be in force from its passage. 1 O Act of 16G3 amended Dnty of go- vernor Slaves, liow called out Limitation as number Per ventage i counties Chap. 6. — An ACT to amend and re-enact the 1st and 3d sections of an act passed March 13th, 1863, entitled an act to amend and re-enact an a,ct fur- ther to provide for the Public Defence, passed October 3d, 1862. Passed October 10, 1S63. Be it enacted by the general assembly, that the first and third sec- tions of the. act passed March thirteenth, eighteen hundred and sixty- three, entitled an act to amend and re-enact an act further to provide for the public defence, passed October third, eighteen hundred and sixty-two, be amended and re-enacted so as to read as follows : " § 1. Be it enacted by the general assembly, that it shall be the duty of the governor of this commonwealth, and he is hereby autho- rized and required, whenever thereto requested by the president of the Confederate States, to call into the service of the Confederate States, for labor on fortifications aud other works for the public de- fence within this state, from time to time, for a period not exceeding sixty days, a number of male slaves between the ages of eighteen and fifty-five years, not exceeding ten thousand at any one time, and not exceeding in any county, city or town one-fifth of the number of PUBLIC DEFENCE. male slaves therein between the ages specified ; to be apportioned by the governor. Such requisition shall be apportioned ratably among How appor all the slaveholders in the several counties, cities and towns on which tl0Iied the requisition shall be made, so as to charge each slaveholder with the same proportion of his male slaves between the ages specified, capable of performing ordinary labor, to be judged of by the court, which maybe demanded from his county, city or town: provided,' Proviso as to however, that the governor, in his discretion, may exempt, wholly or certain couuties partially, from the operation of this act, such counties as may have lost so large a portion of their slaves, in consequence of their escape to the public enemy, as will materially affect the agricultural pro- ducts of such counties: and provided further, that it shall be the duty of the governor to exempt from the operation of this act, both in regard to any requisitions now being made, and those which may hereafter be made, any county which has had -its slaves, subject to requisition under this act, reduced one-fourth, in consequence of their escape to the public enemy ; of which loss he shall judge upon the certificate of the county court, and such other evidence and information as he may deem proper. And the governor may exempt such other counties as, when other from their geographical position or contiguity to the public enemy, he j^"^^ ™^ may deem expedient. And in any county, city or town partially ex- when party hm empted under this act, any person who may satisfy its county or cor- lost one-third of poration court, or any person appointed by the governor for that pur- pose, that he or she has lost one-third part of his or her slaves liable" to work on the public works, by said slaves going over to the enemy, shall be exempted from the operations of this act. The sum of twenty Compensation dollars per month for each slave shall be paid by the Confederate States to the person entitled to his services, and soldiers' rations, medicines and medical attendance furnished, and the value of all such slaves as may die during their term of service, or thereafter, from injuries received, or of diseases contracted in such service, or not be returned to their owners, shall be paid by the Confederate States to the owners of such slaves ; and full compensation shall be Responsibility made for all injuries received whilst in the service of the Confederate nf c0llff - fle ratu States : provided, that the Confederate States shall not be liable for when not re- any slave not returned by reason of fraud and collusion on the part sponsible of his owner or agent; or if his death should be caused by the act of God, or by disease of such slave existing when received by the con- federate authorities; and in all cases the burden of proof shall be on the authorities of the Confederate States, to discharge the latter from liability to the former. Hired slaves shall be regarded as the slaves Hired slaves of their temporary owners, in apportioning for the purposes of this act; but when hired slaves shall be held by persons owning other slaves, it shall not be lawful for the temporary owner to select one or more of the hired slaves to be sent to the public works ; but in every such case, the slave or slaves to be sent, shall be ascertained by lot, in w T hich each of said slaves shall be drawn for by the court : provi- ded further, that slaves removed from counties overrun by the public enemy, and in possession of the owner, shall not be liable to this act, \ except in cases where such owner has more than three slaves subject to requisition. And in cases where, by reason of sickness or b} r other calamity, a slaveholder shall have but one male slave liable to the provisions of this act, who is able to render the service required by this act, it shall be competent for the governor, in his discretion, to exempt said slaveholder from the impressment or draft." "§ 3. It shall be the duty of the several county and corporation Duty of county courts, after being duly convened as aforesaid, and not less than five courts justices being present, to ascertain, by the assistance of the commis- Commissioners sioners of the revenue of their respective counties and corporations, of r « ve "ue or otherwise, the entire number of male slaves therein between the ages specified, subject' to requisition under this act; and after ascer- Requisitions, Gaining the same, to apportion the requisition aforesaid, without delay, now apportioned 6 PUBLIC DEFENCE. — SALT. • among all the holders of such slaves, so as to charge each slaveholder, as near as may be, with the same proportion of his male slaves be- tween the ages of eighteen and fifty-five, capable of performing ordi- Clas^es, when nary labor, as may be demanded from his county, city or town, throw- made ing into classes, when necessary, the holders of but one or a few slaves, and of fractions of slaves,. and ascertaining, by lot, or agree- ment between the parties, or otherwise, the slave or slaves to be sent to the public works from such classes, and giving, as far as practica- ble, relief to those upon whom the lot or draft may have fallen under Proviso as to any preceding requisition : provided, that in no case of a soldier in soldiers service, or a widow having a son therein, or whose husband has died in such service, owning or hiring but one male slave, shall such slave be subject to requisition under this act. But no slaveholder shall be exempted by reason of having slaves in the employment of the state or confederate government." Commencement 2. This act shall be in force from its passage. CHAP. 7. — An ACT to authorize the Governor to call out Forces for the Public Defence. Passed September 28, 1863. Volunteers, how 1. Be it enacted by the general assembly, that the governor of called out f. n j g commonwealth be and he is hereby authorized to call into the service of the state, for a period not exceeding sixty days at any one time, as many volunteers as may be necessary to repel invasion and protect the citizens of the state, whenever in his opinion the emer- gency may demand it, and to organize, arm and equip the same with Companies as little delay as possible. No company shall be organized under this act with less than thirty men ; and companies of less than fifty men shall have a captain, one first lieutenant and one second lieu- tenant. In other respects the present militia law shall be observed, Proviso as to so-far as the governor deems it applicable: provided, that this act home guard shall not be so construed as to call into the field, without their con- sent, companies organized under an.act entitled an act to organize a home guard, passed the fourteenth May eighteen hundred and sixty- two. Existing organi- 2. He shall preserve and arm existing organizations, except those zation8 to be f or h ome defence and local service, as far as practicable, and shall armed , , „ , -t . . , apply to the secretary ot war for such arms, ammunition and camp equipage as may be necessary. Act, how pub- 3. Pie shall promulgate this act by special messengers and other - hshe.d wise, at his discretion. Commencement 4. This act shall be in force from its passage. Chap. 8. — An ACT amending and re-enacting the 6th and 11th sections of an act passed March 30th, 1863, entitled an act to provide for the Produc- tion and Distribution of Salt. t Passed September 18, 1863. Ac! of 1863 1. Be it enacted by the general assembly of Virginia, that the amended sixth and eleventh sections of the act passed March thirtieth, eigh- teen hundred and sixty-three, entitled an act to provide for the pro- duction and distribution of salt, be amended and re-enacted so as to read as follows : Control of trans- "§ 6. The superintendent, under the control of the board of su- portation pervisors, shall have control of transportation on the several rail roads in the commonwealth, for the conveyance of supplies to the salt works, and for the distribution of salt throughout the state, with Salt, how sold power, if necessary, to impress the same. He shall make distribu- aud delivered t } on amon g the several counties, cities and towns, from day to day, SALT. 7 or from time to time, and in quantities proportioned to their whole populations respectively, including refugees sojourning therein, as Refugees may be directed hy the said board of supervisors : provided the su- perintendent, under the direction of the board of supervisors, shall distribute salt with reference to cattle and other stock requiring salt, after distributing twenty pounds to each person." "§ 11. The salt so manufactured shall be sold at cost for cash, Salt, Low dig- and be distributed to the different counties, cities and towns, through tnbllted duly accredited agents, to be appointed by the county and corpora- tion courts respectively; or where said courts cannot meet because of the presence or proximity of the public enemy, by the board of supervisors, on the recommendation of any three or more justices of said county, or of the senator or delegate or delegates representing such county in the general assembly : and in order to do so, it shall Price be the duty of the board of supervisors from time to time to ascer- tain as near as may be the actual cost of production and distribution, and fix the price accordingly, so as to cover such entire cost." . 2. This act shall be in force from its passage. Commencement •Chap. 9. — An ACT to amend and re-enact the 11th section of the act for the Production and Distribution of Salt, passed March 30th, 1863, as amended by the act passed September 18th, 1863- Passed October 30, 1863. 1. Be it enacted by the general assembly, that the eleventh sec- Act of 1863 lion of the act passed March thirtieth, eighteen hundred and sixty- ameQded three, entitled an act to provide for the production and distribution of salt, as amended by the act passed September eighteenth, eighteen . hundred and sixty-three, entitled an act amending and re-enacting the sixth and eleventh sections of an act passed March thirtieth, eighteen hundred and sixty-three, entitled an act to provide for the production and distribution of salt, be and the same is hereby amended and re-enacted so as to read as follows : "§ 11. The salt so manufactured shall be sold at cost for cash, Salt, how sold and be distributed to the different counties, cities and towns, through aud deliTWfld duly accredited agents to be appointed by the county and corpora- tion courts respectively ; or when said courts cannot meet because of the presence or proximity of the public enemy, by the board of su- pervisors, on the recommendation of any three or more justices of said county, or of the senator and delegate or delegates representing such county in the general assembly : and in order to do so, it shall Price, how fixed be the duty of the board of supervisors from time to time to ascer- tain as near as may be the actual cost of production and distribution, and fix the price accordingly, so as to cover such entire cost. But no agent of any county or corporation hereafter appointed, shall be -entitled to act as such until he shall have given bond, with sufficient sureties, in the penalty of not less than ten thousand nor more than thirty thousand dollars, conditioned for the faithful distribution of the salt received by him, among the people of his county or corporation. Said bonds shall be taken by the said courts when the appointments are made by them, and in all other cases, by the board of supervi- sors: and such agents shall distribute to refugees, and to persons Salt to be -,-. , . J i ■ r -. c ,, Code amended gima be amended and re-enacted so as to read as follows : " § 23. Every person appointed under either of the two preceding whenpersorsto sections, shall, either in person or by a sufficient substitute, when re- work on roadB quired by the proper surveyor, attend with proper tools, and work the road on such days as the surveyor may direct. For every day on penalties for which there may be a failure, not less than two dollars nor more than failure four dollars, as a magistrate may determine,. shall be paid to the sur- veyor within twenty days thereafter, by the person in default, if a person of full age ; or if he be an infant, by his parent or guardian ; or if he be a servant or slave, by his overseer, if he be under one ; otherwise, by his master. If the money be not paid, it shall be reco- verable by the surveyor, with costs, before a justice. Any money received by a surveyor under this section, after the payment of costs, shall be applied to the improvement of the road of which he is sur- veyor : provided, that the county court of any county, the magistrates Proviso being duly summoned for the purpose, may have power to direct the surveyor not to call for hands to labor upon any road, whenever the number of hands liable to such call may be so reduced in number as that their employment in work upon such road will cause serious injury to the agricultural operations of the people living in the vici- nity of said road : and provided further, that any order so made by the said court, shall be a bar to any proceedings against such sur- veyor for a failure to keep his road in the condition required by law." 2. This act shall be in force from its passage. Commencement Chap. 24. — An ACT to provide for the Trial of Friendly Suits in Chancery for Partition; &.c, arising in Counties in the possession of the enemy, or threatened with invasion. Passed October 29, 1863. 1. Be it enacted by the general assembly, that whenever any when friendly county or corporation in this state shall be in the possession of the suits in chancery enemy, or shall be threatened with invasion, or whenever the existing ™f^,!l e *" ed t a , J r i ii . . ,.,„ u r r i • • -i ■ <• 1 a anotcer county state ol war shall make it difficult or unsafe lor the jurisdiction of the courts to be exercised therein/ all suits in chancery arising in .said counties or corporations for partition, or for the sale and division of property, or any other proceedings in chancery, in which the rights of the parties are not controverted, may be instituted and proceeded in to a final decree in the circuit court of a county in an adjoining circuit not so situated : provided, that copies of all decrees entered in such causes ehall be certified to the clerk of the circuit court of the whe-i copies to i) be certified 3,8 TRANSFER OF CAUSES.— TRIAL. county or corporation in which such cause would have been instituted and tried but for the passage of this act. Commencement 2. This act shall be in force from its passage. « Chap. 25, — An ACT to authorize the Transfer of Causes from the Circuit Court for the City of Williamsburg and County of James City to other Circuit Courts. Passed October 23, 1863. "W "o on cause may 1. Be it enacted by the general assembly, that any cause now de- be removed pending and undetermined in the circuit court for the city of Wil- liamsburg and county of James City, which cannot be held by reason of the presence or proximity of the public enemy to the place where such court is now required by law to be held, may, during the continuance of the present war, by and with the consent of the parties thereto, or, Notice, how where such consent cannot be obtained, after notice of ten days, per- s ive ? , sonally served by the plaintiff upon the defendant, or by defendant upon the plaintiff, or by publication of notice in some newspaper published in the city of Richmond, once a week for four weeks suc- cessively, be transferred to, and docketed in the circuit court of the city of Richmond, or such other circuit court as may be agreed upon between the parties ; or in the absence of such agreement, in the nearest circuit court of the judicial district that may be capable of transacting its business. Suii, how pro- 2. And be it further enacted, that any cause which may be tran3- oaedud m ferred to, and docketed in any court of this commonwealth, in ac- cordance with the preceding section, shall be proceeded with in said court as if the same had originated therein : provided, that the court shall be of opinion that the interests of the parties will not be pre- judiced thereby: aud provided further, that the court wherein any cause may be docketed under the preceding section, may at any "W'bsa cause re- time order its removal to the court in, which it originated, when said manded court shall become capable of transacting its own business. When cause re- 3. Any cause which may, under this act, be proceeded in to final turned judgment or. decree, shall, by order of the court, as soon as can be done in safety, be returned to the court in which it originated, with duly certified copies of all orders, decrees and judgments which may have been pronounced and entered therein. Commencement 4. This act shall be in force from its passage. Chap. 26. — An ACT to amend and re-enact section 4 of an act entitled an act to provide for Trial of Persons charged with Offences committed in Counties in the possession of the enemy, or threatened with immediate invasion, passed March 27th, 1862. Passed October 8, 1863. Act of 1862 !• Be it enacted by the general assembly, that section four of an amended act entitled an act to provide for the trial of persons charged with offences committed in counties in the possession of the enemy, or threatened with immediate invasion, passed March twenty-seventh, eighteen hundred and sixty-two, be amended and re-enacted so as to read as follows : Whei • to be "§ 4. When any such action shall be taken as is provided for in confined either of the foregoing sections, the person charged with the offence shall be hereafter confined in the jail of the county to which the case Proviso as to shall be removed: provided, however, that in addition to the right to bau bail, which such person may have under existing laws, he shall, be- fore an examining court, whenever a continuance has been granted to the commonwealth for three successive terms, or whenever it shah appear that without default of the prisoner no examination has been JAILORS' FEES. — FENCE LAW. 13 tiad for the period within which three successive terms of said court, or the court of the county from which he was removed, are pre- scribed to be held, be entitled to baih unless it shall appear that a felony has been committed, and strong suspicion of guilt falls on him: and whenever before sueh coiyrt a continuance has been granted to the commonwealth for four successive terms, or without default of the prisoner, no examination has been had for the period within which four successive terms of said court, or the court of the county from which he was removed, are prescribed by law to be held, he shall be entitled to bail as a matter of right; and any judge of a When bail circuit court may in vacation admit such person to bail, upon the ^ r „™ ted as of grounds for which an examining court is herein before authorized to power of circuit admit him to bail : and provided further, that he shall, at a circuit J^ d ^ -court, if not indicted at or before the second term of the court at rovis0 which he is held to answer, in addition to his right to bail under existing laws, be entitled to bail, unless it shall appear that a felony has been committed, and strong suspicion of guilt falls on him : and if not indicted at the third term cf said eourt, he shall be admitted to bail as a matter of right." 2. This act shall be in force from its passage* Commoncoment •Chap. 27. — Aa ACT to increase Jailors' Fees for keeping and supporting- Prisoners. Passed October 2, 1863. 1. Be it enacted by the general assembly, that the first section of Act of 1863 an act passed seventeenth March eighteen hundred and sixty-three, am « nded entitled an act to amend and re-enact the first section of an act entitled an act to increase jailors' fees for keeping and supporting prisoners, passed September twenty-fourth, eighteen hundred and sixty-two, be amended and re-enacted so as to read as follows: "§ 1. Jailors shall hereafter be allowed one dollar per day for Fees of jailors keeping and supporting persons confined in the jails of this common- wealth, and a fair proportion of said sum for any time less than twenty-four hours ; and in all cases the allowance shall be made on an account stating the time for which the person or persons remained in jail: provided, that the county and corporation courts of the com- monwealth may establish, in their discretion, a different rate, not less than thirty- five cents nor more than two dollars and fifty cents per diem." * 2. This act shall be in force from its passage. Commencement Chap, 28. — An ACT to amend the act passed February 13th, 1863, entitled an act amending and re-enacting the Jst and 2d sections of an act entitled an act to repeal the Fence Law of Virginia as to certain Counties, and to authorize the County Courts to dispense with enclosures in other Coun- ties, passed October 3d, 1862, and to legalise the action of County Courts held under said law. Passed October 9, 1863. 1. Be it enacted by the general assembly, that the second section section 2 of Act ■of the act passed October the third, eighteen hundred and sixty-two, of 166 3 amended^ as amended by an act passed February the thirteenth, eighteen hun- dred and sixty-three, entitled an act amending and re-enacting the first and second sections of an act entitled an act to repeal the fence law of Virginia as to certain counties, and to authorize the county courts to dispense with enclosures in other counties, passed October the third, eighteen hundred and sixty-two, and to legalize the action of county courts held under said law, be amended and re-enacted so as to read as follows : 20 DESERTERS. GENERAL AGENTS AND STOREKEEPERS. " § 2. Be it further enacted, that the county courts of the counties? of Augusta, Frederick, Clarke, Warren, Culpeper, Rappahannock, Norfolk, Princess Anne, Mercer, Shenandoah, Page, Prince William, Spotsylvania, Hampshire, Berkeley, Caroline, Rockingham, Rich- mond, Westmoreland, Loudoun, Jefferson, Orange, Essex, King & Queen, Goochland, Giles, Bland, Fairfax, Greenbrier, New Kent, Charles City, James City, Prince George, Nansemond, Highland, Power of courts Hardy and King William shall have power, all the justices having been summoned, and a majority thereof being present, to dispense with the existing laws in regard to enclosures, so far as their respec- tive counties may be concerned, or such parts thereof, to be described by metes and bounds, as in their discretion they may deem it expe- dient to exempt from the operation of such law." Commencement 2. This act shall be in force from its passage. Chap. 29. — An ACT to authorize the Arrest of Deserters by the Civil Authorities. Passed October 27, 1863. Deserters, how 1. Be it enacted by the general assembly, that all conservators of to be arrested . f Qe peace in this commonwealth are hereby authorized and required to arrest deserters from the army and navy of the Confederate States, whenever and wherever they may be found; and they shall promptly notify the nearest confederate officer, or the adjutant general, or the secretary of war, of such arrest, and shall commit the said deserter to the jail of the county, city or town in which he is arrested, until he can be delivered to the confederate authorities. 2. The said conservators of the peace, in making such arrest, may summon so many of the people of their county or corporation, or re- quire the nearest commissioned officer of state fortes to call out such portion of his command as may be sufficient to aid him, and may proceed in the manner prescribed in the twenty-fourth section of the forty-ninth chapter of the Code. 3. Any conservator of the peace neglecting or refusing to perform the duties iuiposed by this act shall be fined, at the discretion of the jury, not less than thirty nor exceeding five hundred dollars for each offence. Commencement 4. This act shall be in force from its passage. Arrest notified Deserter com mitted to jail Posse comi- tatus, when summoned Penalties General agents and storekeep- ers, how ap- pointed County court may borrow money Court to pre- scribe articles be purchased Chap. 30. — An ACT to provide for the Appointment of General Agents and Storekeepers for Counties and Corporations. Passed October 27, 1863. 1. Be it enacted by the general assembly, that it shall be lawful for the court of any county or corporation, all of the acting justices thereof having been duly summoned, and a majority of them being present and assenting to the provisions of this act, to appoint a general agent and storekeeper, and such sub-agents as may be deemed necessary, with the duties herein after assigned; which agents shall be chosen from persons who are exempt from military duty. 2. The court of any such county or corporation may, upon the credit thereof, at any regular term, all the justices thereof having been duly summoned, and a majority of them being present, borrow, for the purpose of carrying into effect the objects of this act, an amount of money, not exceeding at any one time ten thousand dol- lars for every one thousand of white population, and at a rate of in- terest not exceeding six per centum; and said court shall have t0 authority to prescribe the articles to be purchased, and to fix the compensation of the agent, and to adopt rules and regulations for the INDIGENT SOLDIERS AND SAILOES. 21 sale and distribution of such articles to the citizens in such quantities and in such manner as shall best conduce to the relief of the distress and wants of the community : provided, that no article shall be sold To whom arti- to any person who may buy to sell again; and if such sale be made, J^ 1101 10 be the said agent and purchaser shall aach be liable to a penalty of three Penalty times the value of the article sold ; to be recovered by information or indictment, and the amount thereof paid into the county treasury. 3. The court of any such county or corporation, at any regular Books of agent, term thereof, may inspect the books and papers of such agent and how inspected storekeeper, and cause his accounts to be settled in such manner as the court may direct. 4. It shall be the duty of such general agent and storekeeper, To whom arti- under regulations prescribed by the court, to purchase and sell to cles t0 be soId the residents af such county or corporation, or otherwise dispose of articles of prime necessity ; the sale to be at prices equal, as near as Price therefor may be, to the aggregate amount of the prime cost, the cost of trans- portation, necessary expenses of sale of each article, the compensa- tion for such agent, and the interest on the money borrowed, and the taxes that may be imposed. 5. Every such agent and storekeeper, before entering upon the Oath and bond discharge of his duties, shall take an oath before the clerk of such of agent court for the faithful performance thereof, and enter into a bond in a penalty adequate, and with security sufficient, to be judged of by the court, with candition for the faithful performance of his duties as such agent and storekeeper ; and such bond may be put in suit from time to time, at the relation and for the' benefit of such county or corporation, or any person injured by a breach of the condition thereof. 6. All of the rail roads throughout this state shall provide trans- Transportation portation for all goods purchased by such agents, in preference to all other articles, except army supplies. 7. That in counties where, in consequence of the presence of, or As to counties a threatened invasion by the public enemy, the provisions of sectious "^g m wer of one and two of this act cannot be carried into effect, it may be law- ful for five or more of the acting justices thereof, a majority agreeing, to convene in said county at a place of safety from the enemy, who shall be clothed with all the powers t« act in the premises, that ara given to a majority of the justices of a county, under the first and second sections of this act. 8. This act shall be in force from its passage. Commencement Chap. 31. — An ACT for the Eelief of the Indigent Soldiers and Sailors of the State of Virginia who have been .or may be disabled in the Military Ser- vice, and the Widows and Minor Children of Soldiers and Sailors who have died or may hereafter die in said Service, and of the Indigent Fami- lies of those now in. the Service. Passed October 31, 1863. 1. Be it enacted by the general assembly, that it shall be the duty Lists of whom of the county and corporation courts of this commonwealth to order t0 be mHde the sheriffs and sergeants of such counties and corporations to make a list of all indigent soldiers and sailors enlisted from their respective counties or corporations in the confederate service or state service, who have been or may be disabled or honorably discharged, and of theft families, and of the families of those who may be now in the service, and of the widows and minor children of such as may have died or may hereafter die in the service ; and said list shall be re- List, how re- turned and deposited in the clerk's office of such counties and corpo- turned rations, at the next regular term thereafter. And it shall be the duty of the magistrates in each magisterial district to report a list of said persons and families in their respective districts to the said term 22 INDIGENT SOLDIERS AND SAILOES. How examined and added to Allowance, how made How charged In case of re- fugees Accounts, how certified When paid out of the treasury- Agents and their duties When impress- ments may be made Who shall be deemed a specu- lator How collision prevented be- tween county and impressing agents of confe- derate govern- ment Estimates, how made When agent may sell to others of the county courts ; and said courts shall then, and from time to time thereafter, at any regular term thereof, examine said list, and add to it or strike from it such names as it shall deem just and proper. 2. It shall be the duty of said courts to make an allowance, in money or supplies, to the persons and families mentioned in the first section of this act, of sucli liberal amount and in such proportion as they may think just and sufficient for their maintenance ; and said allowance shall be charged on the county, city or town ; and provi- sion shall be made for its payment, in the manner prescribed by law for sums legally chargeable on counties, cities and towns. 3. Whenever any county court shall be satisfied that any such soldiers and sailors were, at the date of their enlistment, residents of any county of the commonwealth, and whose families may have been, or may-hereafter be driven from their homes, by fear of the public enemy, and are residing in such county, it shall be the duty of such court to enroll such soldiers and sailors and their families, according to the provisions of the first section of this act, and to make the same provision for their support as for those soldiers and sailors and their families described in said section. The said county court shall state and certify their account for the support of such refugee soldiers and sailors and their families, and forward the same to the auditor of public accounts ; and it shall be the duty of the auditor to pay said accounts by warrants upon the treasurer of the commonwealth. 4. The said courts may, at any regular term thereof, appoint an agent or agents, whose duty it shall be to purchase, upon the order of said courts, a supply of such articles deemed necessary for the sup- port of the persons and families mentioned in the first and third sec- tions of this act, at rates to be agreed upon by the vendor and the agent, under instruction of said courts ; or . if the said courts shall deem it prudent and necessary, may authorize its agent or agents to impress, upon its order, a stated quantity of necessaries for the per- sons and families mentioned in the said first and third sections of this act, at prices not exceeding those prescribed by the commissioners ap- pointed for the state of Virginia, under the act of the congress of the Confederate States regulating impressments, preferring in said im- pressment articles in the hands of persons who may have purchased the same for purposes of speculation : and said courts shall have the autho- rity to prescribe the articles to be purchased, and to fix the compensa- tion of the agent or agents, and to adopt rules and regulations for the proper care of such. articles so purchased or impressed, and for the distribution of the same in such quantities and in such manner as shall best conduce to the relief of the distress and wants of the per- sons and families mentioned in the said first and third sections. Any person shall be held and deemed a speculator within the meaning of this act, who shall purchase any of the necessaries of life for profit by resale, or who shall purchase or hold the same when not needed for the consumption of his or her family during the then ensuing twelve months. Where the confederate government has an impress- ing agent in any county, it shall be the duty of the county court, iu order to prevent collision, at once to cause an estimate to be made of the amount of supplies so needed by the persons mentioned in the first and third sections, and also of the amount needed for such other residents of such county as may not have, supplies adequate to their necessities, who shall make affidavit as to such deficiency. It shall be the duty of the said county agent to report the aggregate amount of said estimates to the impressing officer of the Confederate States for said county, and endeavor so to arrange with the said agent as that a sufficiency for the said purpose, of the surplus products of said county, may be turned over by the confederate agent to the said agent of the county court, who shall proceed to sell so much thereof as may have been obtained for that purpose, at cost, to the persons not men- INDIGENT SOLDIERS AND SAILORS. 23 iioned in the first and third sections of this act, adding the expenses of transportation and proper allowance for wastage : provided, that when the owner of property impressed is dissatisfied with the price, he may appeal to the county court, whose decision shall be final ; but the agent may take possession of the property impressed immediately on the appeal being taken : provided, that so much of the act as de- Exception *.« to fines who shall be held and deemed a speculator, shall not be so con- merchants straed as to apply to a licensed merchant who only buys and sells such goods, wares and merchandise as he is authorized to do by vir- tue of his license ; nor to a farmer who only holds such necessaries of / life as are of his own production ; hut such articles deemed necessa- ries of life owned by any such merchant or farmer shall be liable to impressment in like manner as if owned by any person other than one held and deemed a speculator under this act : and provided fur- Exception as to ther, that no impressment shall be made of any supplies laid in and f™^ 6 ? 8 ^ 611 ^, necessary for the support of any family for a period not exceeding twelve mouths : and provided further, that no such order of impress- ment shall be made except at a term of said court to which all the justices of said county have been previously summoned : and provi- ded further, whenever the said county agent or agents shall report to the clerk of said court his or their inability to procure by pur- chase at rates not exceeding those prescribed by the schedule of prices fixed by the commissioners for the state of Virginia, under the „ act of the confederate congress regulating impressments, the supplies necessary for the support of the persons and families aforesaid, the ■clerk of such court shall issue a summons to convene the justices of When justices said county at the next regular term of such court. t0 be conv « Iied 5. Every such agent, before entering upon the discharge of his Oath and bond •duties, shall take an oath before the clerk of said court for the faith- of agents ful performance thereof, and enter into a bond, in a penalty adequate and with security sufficient, to be judged of by the court, with con- ditions for the faithful performance of his duties as such agent ; and such bond may be put in suit from time to time,, at the relation and for the benefit of such county and corporation, or of any person in- jured by a breach of the conditions thereof. 6. Be it further enacted, that if said county or corporation courts Penalties for or said sheriffs or sergeants shall willfully neglect or refuse to per- fai ' ure {0 . carry form tne duties herein before imposed, the magistrates composing act said court, and said sheriffs or sergeants who so neglect or refuse to; perform their said duty, shall be fined severally the sum of one hun- dred dollars for each term of said courts at which they may be so in default; to be recovered by presentment, indictment or information in the circuit court of said counties or corporations: and such sums How disposed ci so recovered shall be set apart as a portion of the fund to be raised by such counties and corporations for the support of the persons and families mentioned in the first and third sections of this act. 7. Be it further enacted, that for the purpose of carrying the pro- How provision! visions of this act into effect in counties partly held or threatened by of act execu, * d the public enemy, and when the court thereof cannot b£ held at the courthouse of such county, it shall be lawful for any five or more of the acting justices thereof to assemble at some place in said county other than the courthojise thereof, who, so assembled, shall be re- garded in all respects as the county court of said county for the pur- pose of carrying into effect the provisions of this act. 8. This act shall be given in charge to the grand juries of the eir- Act to be given cuit courts of said counties and corporations, and shall be in force l n chai 'S e to from its passage, and shall continue in force until six months after Commeneeiaeai the ratification of a treaty of peace between the Confederate States and the United States. 9 A PAY DEPARTMENT. — TRANSPORTATION OF FUEL. Ordinance re pealed Chap. 32. — An ACT to repeal so much of the Ordinance of the Convention of April 24th, 18t>J,as provides for a Pay Department of Virginia Forces. Passed October 3], 1863. 1. Be it enacted by the general assembly, that so much of the ordinance of the convention of April twenty-fourth, eighteen hun- dred and sixty-one, as provides for a pay department to the forces of Virginia, be and the same is hereby repealed. Unfinished busi- 2. That from and after the first day of January eighteen hundred actod h ° W traDS " an( * pist y-f our > the. unfinished business of said department shall be turned over to the auditing board, together with all papers, docu- ments and vouchers pertaining thereto; and thereafter all the duties of the pay department shall be performed by the said auditing board, in conformity with the practice and rules of the confederate service; and the commissions of all officers in the pay department, other than the paymaster general, are hereby canceled from the first day of January eighteen hundred and sixty-four. 3. This act shall take effect and be in force from and after Its passage. Commencement Tu: be ( when to insported 1 ^Chap. 3". — An -ACT requiring certain Bail Road Companies to provide for the Transportation of Fuel in certain cases. Passed October 31, 1863. 1. Be it enacted by the general assembly of Virginia, that every rail road company subject to the provisions of the sixty-first chapter of the Code (edition of eighteen hundred and sixty), shall conform to the following regulations: 2. Whenever any person shall give no'tice in writing to the super- intendent of any such rail road, that he has delivered at any depot or switch. upon the said road not less than eight cords of wood or eight tons of coal, consigned to some city, town, village or chartered institution of learning upon the line of said road, and that he is pre- pared to load the same upon the cars within six hours after such cars- shall be ready to receive it, it shall be the duty of said superinten- dent to provide forthwith sufficient transportation for the same*. 3. The said rail road companies shall be entitled to receive, for the transportation of such fuel, an addition of twenty-five per centum upon the rates of freight per ton per mile allowed them by law, and shall be entitled moreover to demand from any shipper referred to in the second section of this act, the delivery at the place of shipment, and at the value thereof at such place, of one-fourth part of all such fuel, to be applied to the use of such road. In case of any disa- greement, between such company and the shipper of such fuel as to the price thereof, such company shall be entitled to employ the pro- visions of the fifty-sixth chapter of the Code (edition of eighteen hundred and sixty) in fixing the valuation thereof. 4. If any such company shall fail to perform the duties imposed thereon by this act, it shall be subject to a fine of five hundred dol- lars in every case; to be recovered in any court having jurisdiction, by presentment, information or indictment. One-half of such fine shall be paid to the informer or prosecutor, and the balance to the commonwealth, according to the provisions of the forty-third chapter of the Code (edition of eighteen hundred and sixty) : provided, that the board of public works, in order to secure the transportation of salt, and of fuel for the salt furnaces, may, in their discretion, exempt, for such period of time as said board may order, the Vir- ginia and Tennessee rail road from the provisions of this act. Commencement 5. This act shall be in force from its passage. Compensation for rail road companies fi]?. fixed Proviso as to Virginia and Tennessee rail CONVICTS. — DISTILLATION. — LUNATIC ASYLUMS. 25 Chap. 34. — An ACT to authorize the Governor to hire Free Negro and other Convicts to work in Coal-pits. Passed October 31, 1863. 1. Be it enacted by the general assembly, that it shall be lawful When goveiraton for the governor of this commonwealth to hire the free' negro and n e g^o an/Tiavj slave convicts at any time in the penitentiary, to the owners of coal- convicts pits, to work in said pits in any county of this state, and the money arising therefrom to pay into the public treasury to the credit of the penitentiary. 2. Be it further enacted, that the governor shall also be authorized when white to hire, to work in said coal-pits, as many aole-bodied white male convlctH convicts in said penitentiary as can be spared from the workshops therein, not exceeding one hundred and fifty : the proceeds of such hire to be paid into the public treasury to the credit of the peniten- tiary, monthly or quarterly, as to the governor may seem proper. 3. Be it further enacted, that it shall be the duty of the governor, Governor to in making contracts with the owners of coal-pits, to provide for the stipulate for safe <.,? n , .. p • ^ • n -i keeping ana re- sale-keeping and return to the penitentiary ot convicts hired under turn of convicts the provisions of this' act. 4. This act shall commence and be in force. from its passage. Commencement Chap. 35. — An ACT to amend and re-enact the act passed March 13 th, 1863, in relation to the unnecessary Consumption of Grain by Distillers and other Manufacturers of Spirituous and Malt Liquors. Passed October 31, 1863. Be it enacted by the general assembly, that the act passed March Act of 1863 eleventh, eighteen hundred and sixty-three, entitled an act to amend ameuded and ra-enact an act entitled an act to amend and re-enact an act entitled an act to prevent the unnecessary consumption of grain by distillers and other manufacturers of spirituous and malt liquors, passed October second, eighteen hundred and sixty-two, be and the same is hereby amended and re-enacted so as to read as follows : 1. It shall not be lawful for any person hereafter to make or cause Distillation pro to be made any whiskey, or other spirituous or malt liquors, out of Mblted any corn, wheat, rye or other grain, or out of dried fruit, potatoes, sugar, molasses, sugar cane, molasses ■ cane or sorghum ; and any Penalties person so offending shall be deemed guilty of a misdemeandr, and upon conviction thereof, shall be fined lor every offence not less than one hundred dollars nor more than five thousand dollars, and be sub- ject to imprisonment in the county jail not exceeding twelve months, at the discretion of the court. 2. No person, firm*or company shall hereafter execute, in whole No contracts to. or in part, any contract, heretofore or hereafter made with the con- be execute,:1 federate government, or with any agent of said government, for making or causing to be made any whiskey or other ardent spirits within this state ; and all such contractors who shall violate this sec- tion, shall be deemed subject to all the penalties imposed by this and other acts against unlawful distillation. 3. The keeper of the rolls shall cause this act to be published in Act to be pub- at least two newspapers in the city of Bichmond for two weeks. iished 4. This act shall be in force from its passage. Commencemeafc Chap. 36. — An ACT to provide for the Payment of certain Claims against the Eastern Lunatic Asylum. Passed October 23, 1863. 1. Be it enacted by the general assembly of Virginia, that any when demands person having any pecuniary demand against the Eastern lunatic may be paid asylum of this state, contracted prior to the first day of January 26 GOVERNOR S HOUSE. — PUBLIC PRINTER. eighteen hundred and sixty-three, may present the same to the auditor of public accounts for payment thereof; and thereupon the said auditor, upon the certificate of the steward of said asylum, and upon other satisfactory evidence that any such demand is correct and wten auditor to ought to be paid, is hereby authorized and required to draw his war- rant upon the treasury, payable out of any funds therein not other- wise appropriated, in favor of the person to whom such claim may appear to be justly due, and for the amount thereof. 2. This act shall be in force from its passage- issue warrant Commencement Chap. 37. — An ACT to supply Deficiencies in the Appropriation for the Support of the Central Lunatic Asylum. Passed October 19, 1863. Amount appro- i. fj e it enacted by the general assembly, that the auditor of pub- lic accounts be and he is hereby authorized to issue his warrant on the treasury for the sum of twenty-two thousand seven hundred and nineteen dollars and thirty cents, payable on the order of the direc- tors of the Central lunatic asylum, in the manner provided by exist- ing laws, to be applied for the support of the said institution, in addition to the annual appropriation for that purpose, for the fiscal year ending September thirtieth, eighteen hundred and sixty-three ; Auditor to issue and the said auditor is further authorized to issue his warrant in like manner for the sum of twenty-five thousand dollars, to be credited as a part of the entire sum which may be hereafter appropriated for the support of said asylum during the fiscal year ending September thirtieth, eighteen hundred and sixty-four. Commencement 2. This act shall be in force from its passage. Governor reim feureed for lights, &c Crap. 38. — An ACT to provide Fuel and Lights for the Governor's House. Passed October 27, 1863. 1. Be it enacted by the general assembly, that the governor be authorized to issue his order on the auditor of public accounts, directing him to issue his warrant on the treasury, payable out of the civil contingent fund, for such sum as may reimburse him the amount actually expended for fuel and lights for the governor's house from the first day of October eighteen hundred and sixty-two to the pas- sage of this act. Lights, &c to be 2. Be it further enacted, that the governor be authorized to issue, !^ r ."o 8 ^ u f over ' from time to time, his orders on the auditor of public accounts, iaer s nouse -,..,. .,. t • ii J. directing him to issue his warrants on the treasury, payable out of the civil contingent fund, in favor of the persons entitled thereto, for such sums as may be hereafter necessary to procure fuel and lights for the governor's house. 3. This act shall be in force from its passage until six months after the ratification of a treaty of peace between the United States and the Confederate States. Commencement Amount appro- priated J teres Chap. 39.— An ACT for the Relief of William F. Ritchie, Public Printer. Passed October 23, 1863. 1. Be it enacted by the general assembly, that the auditor of pub- lic accounts be and he is hereby authorized to issue his warrant on the treasury, payable out of any money therein not otherwise appro- priated, in favor of William F. Ritchie, public printer, or his legal representative, for the sum of ten thousand eight hundred and seventy-nine dollars and sixty cents: four thousand three hundred and fifty-two dollars and eighty-three cents of said sum being the FUNERAL OF DELEGATE. 27 amount of actual loss on the public printing for the house of dele- gates since January eighteen hundred and sixty-two ; two thousand two hundred and nineteen dollars and fifty cents of said sum being the actual loss for printing five hundred volumes of fifth Leigh's Re- ports; and four thousand three hundred and seven dollars and twenty-seven cents of said sum being twenty per centum profit on the actual cost of said printing. 2. This act shall be in force from its passage. Commencement Chap. 40. — An act to authorize the Auditor to pay the Funeral Expenses of Israel Robinson, late Delegate from Berkeley County. Passed October 30, 1863. 1. Be it enacted by the general assembly, that the auditor of pub- Amount appro- lie accounts is hereby directed to draw his warrant upon the treasury, P riated payable out of any money therein not otherwise appropriated, in fa- vor of John A. Belvin, for four hundred and eighty-one dollars, being the amount of the funeral expenses of Israel Robinson, late delegate from the county of Berkeley. 2. This act shall be in force from its passage. Commencement PEIVATE OR LOCAL ACTS. Chap. 41 . — An ACT to incorporate the Confederate Savings and Insurance Company of Petersburg. Passed October 7, 1863. 1. Be it enacted by the general assembly of Virginia, that the Company incor- persons who shall, as hereafter mentioned, become subscribers to the P orated capital stock hereby created, are hereby created and declared to be a body politic and corporate, by the name and style ol The Confede- rate Savings and Insurance Company of Petersburg ; and by that name shall have perpetual succession, and be able to sue and be sued, plead and be impleaded in all courts in this state and else- where ; and have- a common seal, and the same to alter and renew at their pleasure ; to make and ordain such ordinances and regula- tions, and generally to do every act and thing necessary to carry into effect this act, or to promote the object and designs of this corporation. 2. The capital stock of said company shall not be less than two Capital hundred and fifty thousand dollars, to be divided into twenty-five hundred shares of one hundred dollars each, with power to increase the same to five hundred thousand dollars whenever a majority of stockholders in interest shall, in general meeting assembled, deter- mine so to do. 3. The capital stock shall be paid as follows : twenty dollars on How paid each share at the time of subscribing shall be paid to the commis- sioners herein after named, and the residue thereafter, as may be required by the president and directors. 4. Robert P. Stainback, John Mcllwajne, Z. W. Pickrell, William Commissioners E. Johnson, John P. Branch, Robert D. Mcllwaine, J. M. Venable, T. T. Broocks and R. A. Young shall be commissioners, any three or more of whom, after giving notice thereof for ten days, shall open books in the city of Petersburg, to receive subscriptions to the capital stock of said company ; which books shall not be closed in less than fifteen days, unless the capital stock be sooner subscribed. When it shall appear to the commissioners that fifty thousand dollars of the capital has been subscribed and paid, or secured to be paid, they shall call a general meeting of the stockholders at a certain time and place in said city, to organize said company. From the time of such meet- ing the subscribers or stockholders shall stand incorporated, unless in the said meeting it be otherwise determined. In this meeting the stockholders present (in person ol- by proxy), representing a majority of stock subscribed, shall proceed, under the inspection of the com- missioners, to choose seven directors. The commissioners shall forth- with, upon the said election, pay over, as the directors may order, all moneys by them received from the subscribers to the capital stock of said company, and deliver up all books and papers in their hands concerning the same : provided, that no person shall vote in such meeting, unless he shall have paid to the commissioners, or some one of them, twenty dollars on every share by him subscribed. 5. The affairs of the said company shall be managed by a presi- Affairs, how dent and seven directors, being stockholders (a majority of whom maa8 s ed shall constitute a quorum), who shall continue in office one year from the time of their election, and until others are elected in their stead; to be chosen by ballot, by a majority of the stockholders present, in person or by proxy. Each stockholder shall be entitled to as many 30 INSURANCE COMPANIES. Officers Assignment Insurance on vessels, &c. Ondwellings, On lives, &c Policies Dividends General meetinj votes at any meeting of the stockholders as he may hold shares in said company. The directors to be elected under this act at the first meeting of the company, shall continue in office until the first Thurs- day in October eighteen hundred and sixty-four, or until others are chosen in their place; on which first Thursday in October eighteen hundred and sixty four, and annually thereafter, there shall- be a general meeting of the stockholders for the election of officers, and for such other business as may come before them. At the first meet- ing after every election the directors shall choose from amongst themselves, or the stockholders at large, a president, and allow him a reasonable compensation for his services; and in case of death, resignation or disqualification of the president, or any of the direc- tors, the remaining directors may elect others to supply their plaqes for the remainder of the term for which they were chosen. 6. The president and directors may appoint, and dismiss at their pleasure, a secretary, and such other officers as may be necessary for the transaction of the business of the company, and allow such com- pensation for their services as they may think reasonable, and may require such secretary or other officers to enter into bond for the faithful discharge of their duties. 7. Every stockholder not in debt to the company may at pleasure, in person or by attorney, assign his stock on the books of the com- pany, or part thereof, not being lees than a whole share; but no stockholder indebted to the company shall assign or make a transfer of bis stock or receive a dividend until such debt is paid, or secured to the satisfaction of the board of directors. 8. The president and directors are authorized to make insurance upon vessels, freights, merchandise, specie, bullion, jewels, profits, commission, bank notes, bills of exchange, and other evidences of debt, bottomry and respondentia interest, and to make all and every insurance connected with marine risks, and risks of transportation and navigation. 9. To make insurance on dwellings, houses, stores and other pro- perty and merchandise, against loss or damage by fir^. 10. To make insurance on lives; to grant annuities; to guarantee the payment of notes, bonds and bills of exchange ; and to make all kinds of contracts for the insurance of every description of property; to receive money on deposit, and to pay interest thereon, as may be advantageous to the stockholders ; to provide for investments of the capital stock and other funds, in bank, state or other stocks; in the purchase of bonds issued by this or any other state, or of the Con- federate States, and of bonds of any incorporated company ; to lend money upon personal or real security; and to purchase or otherwise acquire, to have and to hold, to convey and to sell, any real or per- sonal estate for the purpose of securing any debt or debts that may be due to them, and for their own use and convenience : provided always, -that nothing in this act shall be construed to authorize said company to issue aiid put into circulation any note of the nature of a bank note, or to own more land than is necessary for an office building. 11. All policies of insurance and other contracts made by the said company, signed by the president and countersigned by the secretary, shall be obligatory on said company, and have the same effect as if said policies and contracts had been attested by a corporate seal. 12. The president and directors may declare semi-annual or other dividends of the profits of the. company, as they may deem proper; but no dividend shall be declared when, in the opinion of a majority of the board, the capital stock would be impaired thereby. 13. The president and directors may at any time, when deemed ne- cessary by them, call a general meeting of the stockholders ; and any number of stockholders owning not less than one-fourth of the whole number of shares, may require the president and directors to call INSURANCE COMPANIES. 31 such meeting; anil on their refusal to do so, may themselves call such meeting, giving fifteen days' notice 'thereof in one or more of the newspapers published in the city of Petersburg. 14. The president and directors may appoint an agent in any of Agents the cities, towns or counties of this state or elsewhere, to receive offer- ings for insurance, and for The transaction of such business of the company as may be confided to him. 15. The corporation hereby created shall be subject to the provi- Subject to Code sions of the Code of Virginia, so far as the same are applicable to and not inconsistent with the provisions of this act ; and this act shall be subject to alteration, amendment or repeal, at the pleasure of the general assembly. 16. This act shall be in force from its passage. Commencement Chap. 42. — An ACT incorporating the Home Insurance Company of the City of Petersburg. Passed October 22, 1863. 1. Be it enacted by the general assembly of Virginia, that John Company incor- Rowlett, Joseph H. Cooper, -John Enniss, J. Andrew White, Robert ported A. McKenney, David B. Dugger, John Stevenson, Carter B. Bishop, Augustine C. Butts, Alexander Donnan and James Kerr, and their associates and successors, who may hereafter become subscribers or stockholders, be and they are hereby constituted and made a body politic and corporate, under the name and style of The Home In- surance Company of Petersburg ; and by that name shall have per- petual succession, and be able to sue and be sued, plead and be im- pleaded in all courts in this state and elsewhere; and to have a common seal, and the same to alter and renew at their pleasure ; and to make and ordain such ordinances and regulations, and generally to do all such acts and things as may be necessary to carry into effect this act, and promote the object and design of this corporation. 2. The capital stock of said corporation shall not be less than one Capita! hundred thousand dollars, to be divided into shares of one hundred dollars each, with power to increase the same to a sum not exceeding five hundred thousand dollars, whenever a majority of the stock- holders in interest shall in general meeting from time to time deter- mine so to do. 3. The capital stock shall be paid as follows : ten dollars per share How paid before or at the general meeting for the organization of the company, to the five associates herein first named, who are hereby appointed commissioners (any three of whom may act), and the residue there- after, as may be required by the president and directors. 4. Whenever it shall appear to the commissioners aforesaid that General meeting one hundred thousand dollars of the capital stock has been subscribed, and fifty thousand dollars thereof has been paid or secured to be paid, the said commissioners shall, by service of personal notice or other- wise, call a general meeting of the subscribers or stockholders at a certain time and place in said city, to organize said corporation. In such meeting the subscribers or stockholders shall proceed, under the inspection of the commissioners, to elect a president and five or more directors. The commissioners shall forthwith, after said election, pay over, as the president and directors may order, all moneys re- ceived by them from the subscribers to the capital stock of the com- pany, and deliver up all books and papers in their hands concerning the same. 5. The affairs of the corporation shall be managed by the presf- Affairs, how dent and five or more directors, being stockholders (a majority of man ?S' ed whom shall constitute a quorum), who shall be chosen by the stock- holders in general "meeting, and continue in office for one year, or until others are elected in their stead ; and in case of the death, re- 32 INSURANCE COMPANIES. signation or disqualification of the president or any of the directors, the remaining members of the directory shall elect others to fill the vacancies for the residue of the time for which they were chosen. Quorum 6. In all general meetings of the stockholders a majority of all the stockholders in interest, being present in person or by proxy, shall constitute a quorum for the transaction of business. Each stockholder shall be entitled to as many votes as he may hold shares in said company. The stockholders in general meeting shall have power to fix the time and place of the annual meetings, and to pre- scribe the mode in which general meetings of the stockholders may be called by the directory, and the manner in which the stockholders shall be notified of all meetings of their body. The stockholders shall determine and fix the compensation of the president. Officers - 7. The president and directors may appoint, and dismiss at their pleasure, a secretary, and such other officers as may be necessary for the transaction of the business of the company, and allow such com- pensation for their services as they may deem reasonable, and may require such secretary and other officers to enter into bonds with security for the faithful discharge of their duties. Asi-igaiaent §. Every stockholder not in debt to the company may, subject to such regulations and upon such terms as the stockholders may pre- scribe, in person or by attorney, assign his stock or any number of his shares on the books of the company ; but no stockholder indebted to the company shall assign or make a transfer of his stock, or re- ceive a dividend until such debt is paid or secured to the satisfaction \ of the board of directors. insurance on 9. The president and directors are authorized to make insurance vessels, &c upon vessels, freights, merchandise, specie, bullion, jewels, profits, commissions, bank notes, bills of exchange, and other evidences of debt, bottomry and respondentia interests, and to make all and every insurance connected with marine risks and risks of transportation and navigation. On dwellings, &c 10. To make insurance on dwellings, houses, stores and other kinds of buildings, and upon household furniture and other property and merchandise, against loss or damage by fire. On lives, &c 11. To make insurance on lives ; to grant annuities ; to guarantee the payment of notes, bonds and bills of exchange, and to make all kinds of contracts for the insurance of every description of property. ^.vestments 12. The president and directors shall have power to invest the capital stock and other funds of the company, in bank, state or other stocks, in the purchase of bonds issued by this or any other state, or of the Confederate States, or by any .incorporated company; to lend money upon personal or real security ; and to purchase or otherwise acquire, to have and to hold, and convey and sell any real or personal estate, for the purpose of securing any debt or debts that may be due them, and for their own use and convenience. Policies of insu- 13. All policies of insurance and other contracts made by the said Jan <' e company, signed by the president and countersigned by the secre- tary, shall be obligatory upon the said company, aud have the same effect as if the said policies and contracts had been attested by a cor- porate seal. Dividends 14. The president and directors may declare semi-anuual or other dividends of the profits of the company, as they may deem proper; but no dividend shall be declared when, in the opinion of the majo- rity of the board, the capital stock would be impaired therebj'. (General meeting 15. The president and directors may,, at any time when deemed necessary by them, call a general meeting of the stockholders ; and any number of the' stockholders, owning not less than one-fourth of the whole number of shares, may require the president and directors to call such meeting; aud on their refusal to do so, may themselves- call such meeting, by giving fifteen days' notice thereof in one or more of the newspapers published in the city of "Petersburg. INSURANCE COMPANIES. '& 16. The president and directors may appoint an agent in an)' of Agent the cities, towns or counties of this state or elsewhere to receive offer- ings for insurance, and for the transaction of such business of the company as may be confided to him. 17. The corporation hereby created shall be subject to the provi- Subject to Code sions of the Code of Virginia, as far as the same are applicable to and not inconsistent with the provisions of this act ; and this act shall be subject to alteration, amendment or repeal, at the pleasure of the general assembly. 18. This act shall be in force from its passage. Commence m«is Chap. 43. — An ACT incorporating the Southern Insurance and Savings Society of Petersburg. Passed October 22, 1863. 1. Be it enacted by the general assembly of Virginia, that Wil- Oompanv inCor liam R. Johnson, T. T. Broocks, Z. W. Pickrell, S. A. Plmnmer, P orated J. B. Wilson, Joseph E. Venable, R. D. Mcllwaine, John McNecee. John Mcllwaine and E. A. Broadnax, and their associates and suc- cessors, who may hereafter become subscribers or stockholders, be and they are hereby constituted and made a body politic and corpo- rate, under the name and style of The Southern Insurance and Sav- ings Society of Petersburg; and by that name shall have perpetual succession and be able to sue and be sued, plead and be impleaded in all courts in this state and elsewhere ; and to have a common seal, and the same to alter and renew at their pleasure; and to make and ordain such ordinances and regulations, and generally to do all such acts and' things as may be necessary to carry into effect this act, and promote the object and design of the corporation. 2. The capital stock of said company shall not be less than two Capital stock hundred thousand dollars, to be divided into shares of one hundred dollars each, with power to increase the same to a sum not exceeding one million of dollars, whenever a majority of the stockholders in inte- rest shall in general meeting from time to time determine so to do. 3. The capital stock shall be paid as follows: twenty dollars per share before or at the general meeting for the organization of the company, to the five associates herein first named, who are hereby appointed commissioners (any three of whom may act), and the resi- due thereafter as may be required by the president and directors. 4. Whenever it shall appear to the commissioners aforesaid that Genera) meetins two hundred thousand dollars of the capital stock has been sub- scribed, and forty thousand dollars thereof has been paid to them in cash, the said commissioners shall, by service of personal notice or otherwise, call a general meeting of the subscribers or stockholders at a certain time and place in said city, to organize said corporation. In such meeting the subscribers or stockholders shall proceed, under the inspection of the commissioners, to elect a president and four directors. The commissioners shall forthwith, after said election, pay over, as the president and directors may order, all moneys re- ceived by them from the subscribers to the capital stock of the com- pany, and deliver up all books and papers in their hands concerning the same. 5. The affairs of the corporation shall be managed by the presi- Affairs. Low dent and four directors, being stockholders (a majority of whom shall mana & ec1 constitute a quorum), who shall be chosen by the stockholders in general meeting, and continue in office for one year, and until others are elected in their stead ; and in case of the death, resignation or disqualification of the president or any of the directors, the remain- ing members of the directory shall elect others to fill the vacancies for the residue of the term for which they were chosen. 6. In all general meetings of the stockholders a majority of all the Quorum 3 o4 INSURANCE COMPANIES. stockholders in interest, being present in person or by proxy, shall constitute a quorum for the transaction of business. Each stock- holder shall be entitled to as many votes as he may hold shares in said company. The stockholders in general meeting shall have power to fix the time and place of the annual meetings, and to pre- scribe the mode in which general meetings of the stockholders may be called by the directory, and the manner in which the stockholders shsill be notified of all meetings of their body. The stockholders shall determine and fix the compensation of the president. Officer* 7. The president and directors may appoint and dismiss at their pleasure, a secretary, and such other officers as may be necessary for the transaction of the business of the company, and allow such com- pensation for their services as they may deem reasonable, and may require such secretary and other officers to enter into bonds with security for the faithful discharge of their duties. Alignment 8. Every stockholder not in debt to the company may, subject to such regulations and upon such terms as the stockholders may pre- scribe, in person or by attorney, assign his stock, or any number of „ his shares, on the books of the company ; but no stockholder in- debted to the com panj' shall assign or make a transfer of his stock or receive a dividend, until such debt is paid or secured to the satisfac- tion of the board of directors. 'iinsnranee <«s 9. The president and directors are authorized to make insurance *es»eis, &e upon vessels, freights, merchandise, specie, bullion, jewels, profits, commissions, bank notes, bills of exchange, and other evidences of debt, bottomry and respondentia interests, and make all and every insurance connected with marine risks and risks of transportation and navigation. Or, dwny of owning, navigating and freighting ships and other vessels engaged in foreign and domestic commerce, trading from the ports of the Confederate States of America, and with powers to purchase and sell and otherwise deal in the products and commodities so freighted. Capital The capital stoc"k of said company shall not be less than one hun- dred thousand dollars nor more than two millions of dollars, and shall be held in shares of five hundred dollars each. The affairs of the company shall be managed by a president and board of direc- tors, whose term of office and their number shall be determined and elected by the stockholders ; and the said board of directors shall possess all the corporate powers of the company: provided, that the said company shall be subject to such general laws as may aflfect cor- porations of this character." CntiiTiu Tict'im iit 2. This act shall be in force from its passage, and shall be subject to repeal, modification or amendment, at the pleasure of the general assembly. Chap. 50. — An ACT to amend and re-enact the 3d section of an act to incor- porate the James River Canal Packet Company, passed March Ittth, 1 86'.* Passed September 28, 18fi3. Act amended 1. Be it enacted by the general assembly of Virginia, that the third section of an act entitled an act to incorporate the James river canal packet company, passed the sixteenth of March eighteen hun- dred and sixty, be amended and re-enacted so as to read as follows r Capita! in " § 3. The capital stock of said company shall not be less than prpnsed gf(y thousand dollars nor more than three hundred thousand dollars,, to be divided into shares of one hundred dollars each." , I'tiiMMiY! nient 2. This act shall be in force from its passage. Chap. 51. — An ACT incorporating the Virginia Volunteer Navy Company Passed October 13, 1863. Company incur- 1. Be it enacted by the general assembly, that Samuel J. Harrison, porated Bacon and Baskervill, Dunlop, Moncure and Company, Joseph E. Anderson and Company, J. L. Apperson, E. H. Maury and Com- pany, W. F. Watson, J. P. George, John Eobin McDaniel, E. M. Crenshaw, Thomas Branch, D. B. Dugger, Thomas E. Price and Company, Matthew Bridges, William B. Jones and Company, Wil- liam B. Isaacs, Boiling W. Haxall, and such other persons «as are now or may be hereafter associated with them, shall be and are hereby incorporated and made a body politic and corporate, by the name and Powers style of The Virginia Volunteer Navy Company, for the purpose of owning, procuring, arming, equipping, manning and running a ves- sel or vessels for the volunteer navy of the Confederate States, to cruise against the commercial or naval vessels of all enemies of the Confederate States wherever found, according to the provisions of the 1 act of congress of the Confederate States, entitled an act to establish a volunteer navy, approved April eighteenth, eighteen hundred aitd sixty-three ; and after the present war shall have closed, all vessels so owned may be employed in commercial enterprises, or otherwise disposed of, as the said company may determine. BETHANY COLLEGE. 39 2. The said company and their successors are hereby invested Delegated with all the rights, privileges and powers, and made subject to the P° wera restrictions and regulations now provided by law for the general regulation of bodies politic and corporate, save so far as modified by the provisions of this act. • 3. The capital stock of the said company shall consist of not less Cupitai than one million nor more than ten millions of dollars, to be divided into shares of five hundred dollars each ; and the said company having already had subscribed one million of dollars, and by regular election by the stockholders, the following persons have been elected president and directors of the said company until the first Monday in May eighteen hundred and sixty-four, to wit: Samuel J. Harrison as president, Eobert Archer, J. L. Apperson, Thomas W.McCanee and J. R. McDaniel as the directors, it is hereby enacted that the said per- sons shall be such president and directors of the said company until the date last mentioned, and until successor shall be elected by the stockholders of said company, on said first Monday in May eighteen hundred and sixty-four, or thereafter. 4. The president of the said company shall be one of the directors, President and and the directors may consist of five or more, according to the wishes dlre c tors of the said company. In a meeting of stockholders each stockholder may in person or by proxy give the following vote on whatever stock he may hold in the same right, to wit, one vote for each share of such stock, whatever the number may be. 5. Books for subscription to increase the capital stock until it increase of eaj>i- reaches the maximum of ten millions may be opened from time to ,aI authorized time by the directors, who are hereby appointed commissioners for the purpose, and shall be kept open for thirty days on each occasion ; and before closing the books, ten days' previous public notice shall be given in two or more newspapers published in the city of Richmond. (i. This act shall be in force from the passage thereof, but the Corumeixu-rr.^1: general assembly^ may at any time amend or repeal the same. Chap. 52. — An ACT to reorganize the Board of Trustees for Bethany College. Passed October 23, 1863. . Whereas, the members of the board of trustees of Bethany col- Preamble lege, an institution possessing valuable real estate and a large en- dowment fund, are many of them citizens of the United States, and others of them disloyal citizens of this state, of whom some are in the service of the enemy, and by reason of the occupation of Brooke . county by the enemy, some loyal members of the board cannot attend -sittings in that county, and there is reason to apprehend that that portion of said trustees accessible to the institution may take such action as may jeopard the rights and property of the institution and impair its usefulness : Therefore, 1. Be it enacted by the general assembly, that James W. Goss, Directors R. L. Coleman, Charles W. Russell and Joseph H. Pendleton, mem- bers of the board of trustees of Bethany college, and such other loyal members of the board as are within the confederate military lines, shall be and are hereby constituted the board- of trustees of Bethany college, on whom are conferred all the rights, duties, privi- leges and powers conferred by the charter of said college upon the board of trustees therein organized. 2. Be it further enacted, that the first meeting of the board con- AVhenaudwnei* stituted herein shall be held at the capitol in the city of Richmond, j™^ 11 " 8 10 be on Friday the thirtieth day of October eighteen hundred and sixty- three; and at such meeting any three or more of said trustees may constitute a quorum; and they may proceed at that or any subse- Powers quent meeting to fill all vacancies that may occur in the board, and 40 FEMALE INSTITUTE. BANK OF ROCKBKIDGE. i (iminfnivuiciil may declare Vacant the place of any member not within said lines : provided, that no person shall be elected a member of said board who is not a citizen of the Confederate States. They shall elect from their number a president pro tempore. Should the first meeting provided for by this act fail from any cause to take place, then it shall be lawful for any two of the trustees herein named to designate' such other time and place as they may deem proper, giving notice thereof for one week in some newspaper published in the city of Richmond ; and further meetings of the board shall be held at such times and places as the majority may determine ; or the president pro tempore, upon the request in writing of three members of the board, may fix such time and place of meeting. Notice of meetings may be given in such manner as the board may prescribe. 3. This act shall be in force from its passage. Company p orated How managed" Duties ol tre; rarer « ommencemeni Chap. ;">:>. — An ACT to incorporate the Virginia Fe*ale Institute of the •City of Richmond. Passed November 2, 1863. 1. Be it enacted by the general assembly, that Olof A. Erricson. James Gordon, Charles H. Read. Robert A. Lancaster. Patteson Fletcher, S. P. Christian and Alexander Garrett, and their succes- sors, be and they are hereby constituted a body politic and corporate, under the name and style of The Virginia Female Institute; and by that name shall have perpetual succession and a common seal, and may sue and be sued, implead and be impleaded in any court of law or equity within this state. The said Virginia female institute shall be capable in law to receive, hold and dispose of real and personal property, in order to carry out the purposes of its incorporation. 2. The said Virginia female institute shall be under the .control and management of the said trustees and their successors, who shall appoint a treasurer and all necessary officers and professors, and make such rules and regulations for the government of the institution as to them shall seem meet, not inconsistent with the laws of this state, or of the Confederate States. A majority of the trustees shall constitute a quorum for the transaction of business: and any vacancy or vacancies in the said board of trustees, occasioned by death, re- signation or otherwise, shall be supplied by appointment by the re- maining trustees : and they may remove any member of their body, two-thirds of the whole number being present and concurring. 3. The treasurer shall receive all moneys accruing to the institute and property delivered to his care, and shall pay or deliver the same to the order of the board of trustees. Befoi'e entering upon the dis- charge of his duties, he shall give bond with such security and in such penalty as the board may direct, made payable to the trustees for the time being, and their successors, and conditioned for the faithful performance of the duties of his office, under such rules and regulations as the board may adopt. 4. The board of trustees, in connection with the president and professors of the institute, shall have power to confer such diplomas and literary titles as they may think best calculated to promote the cause of female education. 5. This act shall be in force from its passage. Chap. 54. — An ACT to amend the Charter of the Bank of Rockbridge. Passed October 31, 1863. Aet amended 1. Be it enacted by the general assembly, that the sixth, seventh, eighth, ninth, tenth and eleventh sections of the act passed on the twenty-first day of March eighteen hundred and fifty-two, entitled PUBLIC ROADS. 41 an act incorporating the Bank of Rockbridge, be and the same are hereby repealed. 2. That the charter of said bank shall continue and be in force Expiration of until the twenty-first day of March eighteen hundred and seventy- charter ■ two. 3. The treasurer of the state may retransfer to the said bank the Duty of trea- certificate of debt of the state now held by him in trust for the pur- surer poses of said bank, or any part thereof, upon receiving- and canceling an equal amount of the notes of said bank, countersigned by him ; and if* the notes of said bank, so countersigned by him, have been so far returned and canceled as that the amount outstanding shall not exceed the sum of five thousand dollars, the said treasurer may re- transfer the residue of said certificates or guaranteed bonds to said bank, upon receiving from at least five of the stockholders thereof, with at least five good and sufficient securities, to be approved by him, a joint and several bond, payable to the commonwealth of Vir- ginia, in a penalty equal to at least three times the amount of such outstanding notes, and conditioned to pay the same, on demand, at the place of business of said bank, or of either of the obligors therein ; which bond shall be recorded in the manner prescribed in the fourth section of chapter one hundred and eighty-six of the Code of Virgi- nia, and shall have the force of a judgment ; and for eveiy breach of the conditions thereof, execution may be issued, upon ten days' notice of the application therefor, in the name of the commonwealth, for the benefit of the holders of any such outstanding unredeemed notes, for the amount thereof and costs. 4. The bank shall not issue and pay out any notes for circulation, Note* except of the denomination of fiv.e dollars, ten dollars, or some mul- tiple of ten. • 5. Every quarterly statement of this bank shall, in addition to the Quarterly ptRte- information which the Code of Virginia requires to be made, also mentB exhibit the aggregate debt due by the bank, the oustanding debts due the bank, its discount of inland and foreign bills of exchange, its loans to directors, its specie circulation and deposits, on the first day of each month of the quarter it embraces. 6. The board of directors shall consist of not more than nine nor Board of .Lire. ~ less than seven, as the stockholders may direct. tOT8 7. Provided, that nothing in this act contained shall debar the Bank of Rockbridge of the privileges contained in an act passed March twenty-ninth, eighteen hundred and sixty-two, entitled an act to provide a currency of notes of less denomination than five dollars. 8. This act shall commence and be in force from and after the Commencement time when the provisions have been approved by the stockholders in said bank, convened in general meeting, at any time before the tenth day of January eighteen hundred and sixty-four, and such approval shall have been made and certified by the president and cashier of said bank to the governor of the commonwealth. Chap. 55. — An ACT to repeal so much of the act passed February ]5th, 1853, as exempts the White Male Citizens of the County of Ki'"g George, of forty-five years and upwards, from working on the PuL.ie Boads in that County. Passed October 13, 1863. 1. Be it enacted by the general assembly, that so much of the act Act amended passed February fifteenth, eighteen hundred and fifty-three, as exempts the white male citizens of the county of King George, of the age of forty-five years and upwards, from working on the public roads in said county, be and the same is hereby repealed. 2. This act shall be in force from its passage. Comin-enceHfen* 42 ENCLOSURES. — PRIVILEGES, ETC. Chap. 5fi. — An ACT authorizing the County Court of Washington to dis- pense with the Law of Enclosures in said County. Passed October 31, 1803. Powers »f court 1. Be it enacted b) T the general assembly of Virginia, that the county court of the-county of Washington shall have power, all the justices having been summoned, and a majority thereof being present, to dispense with the existing laws in regard to enclosures, so far as their county may be concerned, or such parts thereof, to be described by metes and bounds, as in their discretion they may deem it expe- dient to exempt from the operation of such law. i ;: sspaas 2. If any horses, mules, cattle, hogs, sheep or goats, or any animal of either of the preceding classes, shall enter into any grounds in the county of Washington, in which the existing law of enclosures has been repealed as aforesaid, the owner or manager of any such animal shall be liable to the owner or occupier of such grounds for any da- mages arising from such entry. For every succeeding trespass by such animal, the owner thereof shall be liable for double damages ; and after having given at least five davs' notice to the owner or manager of such animal of two previous trespasses, the animal shall be for- feited to the overseers of the poor, for the benefit of the poor, if it be found again trespassing on said grounds. R^peaiins clause 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Go.-am°acemeat 4. This act shall be in force from its passage. Chap. 57.— An ACT for the relief of William E. Gaskins and James H. Gaskins. Passed September 29, 1863. Preamble Whereas, by virtue of a written instrument in the nature of a rent charge and mortgage executed on the twentieth day of November seventeen hundred and ninety, by one Cuthhert Bullett to the over- seers of the poor of Prince William county, and of record in the county court of Fauquier, a lien was created on certain real estate situate in said county of Fauquier, now the property of William E. Gaskins and James H. Gaskins of said last mentioned county, by purchase from the heirs of said Bullett, said lien being intended to secure a debt of eight hundred and eighty-five pounds, with interest at the rate of five per centum per annum, payable annually, from the date aforesaid, to said overseers of the poor, and their successors, for the purposes in said deed specified ; which interest has been paid in full up to the twentieth day of November eighteen hundred and sixty: And whereas the said William E. Gaskins and James II. Gas- kins are desirous to remove said lien, by payment of the amount thereof, principal and interest, as by the terms of said instrument they are specially authorized to do. but which they are unable to do by reason of the continued occupancy of said county of Prince Wil- liam by the public enemy : Amount appro- 1. Be it enacted by the general assembly, that it shall be lawful p-^' 1 ^ for the second auditor to receive of the said William E. Gaskins and James H. Gaskins, or either of them, the sum of twenty-nine hun- dred and fifty dollars, with interest thereon at the rate of five per centum from the twentieth day of November eighteen hundred and sixty, to be applied to t'te credit of the literary fund; and that upon the payment thereof, the attorney general shall execute and deliver to the said William E. Gaskins and James H. Gaskins, their heirs and assigns, a deed of release and reconveyance of the real estate in said instrument of writing described ; which deed, when so executed and delivered, shall be effectual to extinguish said lien. Funds, tow held 2. The fund thus received shall be held by the second auditor as part of the literary fund, and shall be by him invested, and its income PRIVILEGES, ETC. 4-S, applied to the use and benefit of the school commissioners of Prince William county, who shall receive, apply and account for the same, as directed by an act of the general assembly passed on the third day of Februaiy eighteen hundred and nineteen, entitled an act concern- ing the school commissioners of Prince William. 3. This act shall be in force from its passage. Coimneacetnant Chap. 58. — An ACT to enlarge the powers of the Common Council of the City of Petersburg. Passed October 16, 1863. i. Be it enacted by the general assembly, that the council of the Powers of eoun city of Petersburg be and the same is hereby authorized to suppress cil riots and unlawful assemblies in the said city ; to suppress gaming and gambling houses, tippling and tippling houses, and to prevent or regulate the sale of spirituous and fermented liquors within the said city, and around the same to the boundaries to which the jurisdiction of its corporation court or officers of police extends in criminal cases. And for the purposes of extending the powers and authority hereby vested in said council, the said council may enact ordinances and impose penalties for the violation thereof, not exceeding five hundred dollars, and imprisonment not exceeding three months ; may authorize and empower the proper officers and police of the city to seize such liquors sold or kept for sale, for the use of the city, and to shut up the houses in which such liquors are so sold or kept for sale, and arrest the persons who shall sell or keep for sale or pur- chase the said liquors in violation of the said ordinances, and hold them in custody until they shall give security for their good behavior, in such penalty, not exceeding one thousand dollars, as the justice before whom they are taken shall prescribe. And the said officers and police shall have the same powers and authority in discharging their duties under said ordinances, as state officers have in cases of breaches of the peace. 2. The said council may organize and establish an armed police, Armed poiio^,, and appoint such officers thereof as to the council may seem expe- &c , dient ; and the said officers shall be accountable to and under the supervision and control of the council, or such other body or officer as the council may prescribe. 3. This act shall be in force from its passage. Comm?ncsm^t Chap. 59. — An ACT authorizing the Board of Public Works, acting as a Board of Supervisors for the production and distribution of Salt, to niodify the Contract of Lease between Stuart, Buchanan & Co. and Thomas R. Friend. Passed October 16, 1863. Whereas, by a resolution adopted on the twenty-first day of Sep- Preamble tember eighteen hundred and sixty-three, the board of public works, acting as a board of supervisors for the production and distribution of salt, have recommended to the general assembly to make some equitable modification of the terms of the contract of lease between Stuart, Buchanan and Company and Thomas E. Friend, assigned by the former to the state of Virginia : 1. Be it therefore enacted, that the board of public works, acting Powers of board as a board of supervisors for the production and distribution of salt, of P ubli(> works be and they are hereby authorized to make such modifications and alterations as may be just and equitable to both parties in the con- tract between Stuart, Buchanan and Company and Thomas R. Friend, bearing date the twenty-third day of August eighteen hundred and sixty-two, for the lease of the Findley furnace at the Smyth and 44 PRIVILEGES, ETC. Washington county salt works, which said lease was assigned to the state of Virginia by the said Stuart. Buchanan and Company, in March eighteen hundred and sixty-three : provided, however, that such modifications and alterations be assented to by the said Thomas E. Friend.^ Ojjr.mencemeiit 2. This act shall be in force from its passage. Chap. 60. — An ACT to repeal the act passed March 5th, 1862:, entitled an act to authorize the issue of Registered Certificates of State Stock to Dr. Peter F. Brown, in lieu of two lost bonds. Passed October 19, 1663. Preamble Whereas it appears to the general assembly that the two coupon bonds, the property of Doctor Peter F. Brown of Accomack county, referred to in the act passed on the fifth day of March eighteen hun- dred and sixty-two, entitled an act to authorize the issue of registered certificates of state stock to Doctor Peter F. Brown, in lieu of two lost bonds, have been recovered from the enemy : Therefore, Aei repealed 1. Be it enacted by the general assembly, that the act passed on the fifth day of March in the year one thousand eight hundred and sixty-two, entitled an act to authorize the issue of registered certifi- cates of state stock to Doctor Peter F. Brown, in lieu of two lost bonds, be and the same is hereby repealed. Commencement 2. This aet shall be in force from its passage. Chap. 61. — An ACT allowing the Petersburg Iron Manufacturing Company to hold not more than twenty thousand acres of land at any one time! Passed October 22, 18G3. Powers of com- 1- Be it enacted by the general assembly, that it shall be lawful paoy for the Petersburg iron works to establish and work one or more iron furnaces in any part of this state: and for this purpose, to acquire and hold not exceeding fifteen thousand acres of land in the counties of Botetourt and Alleghany, and not to hold more than twenty thou- sand acres in all at any one time. Commencement 2. This act shall be in force from its passage, and be subject to alteration or amendment, at the pleasure of the general assembly. Chap. 62. — An ACT to authorize the Sale of Capon Springs. Passed October 22, 1863. Kale authorised 1. Be it enacted by the general assembly, that the trustees of Watsontown, generally known as the Capon springs (a majority of them consenting thereto), be and they are hereby authorized to sell at public or private sale, as they may think best, for the 'best price they can obtain, the land and lots vested in them by the acts of De- cember twelfth, seventeen hundred and eighty-seven, March twen- tieth, eighteen hundred and forty-seven, March eighth, eighteen hundred and forty-nine, December fourteenth, eighteen hundred and forty-nine, and January eleventh, eighteen hundred and fifty: provi- ded, however, in the sale and conveyance, that the purchaser shall permit the visitors frequenting the said springs to have free access to and the use of the mineral springs on the said lands, and of the pavilion, baths and other improvements erected by the said trustees, not charging for the use of the water or baths more than was at any time charged by the trustees : and if the trustees shall have sold any life tickets for the use of the water or baths, reserving to such per- sons the free use of the water and baths. And the trustees shall apply the proceeds of sale, first to pay the debt, now due by them, PRIVILEGES, ETC . 4-5 contracted in the construction of the improvements thereon, and the balance, if any, to the further improvement of the property, to be expended under the direction of Henry M. Brent, Philip Williams and Julius C. Waddle. 2. This act shall be in force from its passage. Commencement Chap. 63. — An ACT to authorize the Sale and Transportation of Salt be- longing to John N. Clarkson. Passed October 30, 1863. 1. Be it enacted by the general assembly, that it shall be lawful Salt, how eraoj for John N. Clarkson, superintendent of salt works, to sell any salt porte ' 3 to which he has or may during the present year become entitled for the hire of slaves employed at Saltville, under contract made with Stuart, Buchanan and Company, or with the state of Virginia; and the board of public works is authorized to allow said Clarkson to transport said salt in such .manner as may not conflict with the prior right of transportation now held by the state, or with the equal rights of other citizens. 2. This act shall be in force from its passage. Commencement Chap. 64. — An ACT for the relief of Washington G. Singleton, Clerk of the District Court of the Sixth Judicial District. Passed October 22, 1863. 1. Be it enacted by the general assembly, that the auditor of Amount appr=> public accounts be and he is hereby authorized and required to issue P nated his warrant on the treasury, payable out of any money therein not otherwise appropriated, in favor of Washington G. Singleton, or his legal representatives, for the sum of one hundred and fifty dollars, in full of office rent and fees due said Singleton as clerk of the dis- trict court for the sixth judicial district for the year ending Decem- ber eighteen hundred and sixty-two. 2. This act shall be in force from its passage. Commencement Chap. 65. — An ACT refunding to John Nunan part of a License Tax paid by him. Passed October 30, 1863. 1. Be it enacted by the general assembly, that the auditor of Auditor to ism » public accounts be and he is hereby authorized and directed to issue warrant his warrant on the treasury, payable out of any money therein not otherwise appropriated, in favor of John Nunan, or his legal repre- sentatives, for the sum of forty dollars, being part of a license tax imposed for the distillation of ardent spirits, and which license privi- lege had been prohibited by law for the residue of the term for which he was so licensed. 2. This act shall be in force from its passage. Commencement RESOLUTIONS. No. 1. — Preamble and Resolutions asserting the Jurisdiction and Sovereignty of the State of Virginia over her Ancient Boundaries. Adopted October 8, 1863. Whereas the general assembly of Virginia did, on the seventeenth day of January eighteen hundred and sixty-two, adopt the following preamble and resolution : " Whereas, the public enemy, invited by domestic foes, being in Preamble power in some of the counties of Virginia, where they are confiscating the property of loyal citizens, and otherwise oppressing them in a cruel manner: and whereas the traitors there, contemplating a divi- sion of this time-honored commonwealth, with the aid of the public enemy, have set up a pretended government over the same, which, under the force of circumstances, could not be prevented by the time- ly sending of an adequate military force : and whereas the legislature desires to reassure all loyal citizens throughout the commonwealth of their desire and intention to protect them : Therefore, Resolved by the senate and house of delegates, that in uo event will the state of Virginia submit to or consent to the loss of a foot of her soil ; that it is the firm determination of the state, and known to be that of the confederate government, to assert and maintain the jurisdiction and sovereignty of the state of Virginia to the uttermost limits of her ancient boundaries, at any and at every cost." And whereas, since the passage of said resolution by the general assembly, the government of the United States, in pursuance of its settled purpose to override and destroy the separate existence of the states, has attempted to form a new state out of the state of Virginia, in contravention alike of the constitution of the United States and the constitution of the state of Virginia ; and is upholding, by the power of her armies, certain evil-disposed and traitorous citizens of this state, who are leagued with the said United States in their nefarious and wicked purposes against the peace, welfare, institutions and in- tegrity of Virginia : and whereas it is the fixed and unalterable in- tention of Virginia to maintain and assert her prerogative as set forth in said resolution of the last general assembty, and approved by the confederate congress, and to protect alike her citizens and her soil from the machinations of traitors within and enemies without : There- fore, 1. Resolved by the senate and house of delegates, that Virginia Purpose and de- maintains, fixed and unalterable, the purpose and determination so terminatiou of clearly set forth in the resolution of the last general assembly, and that this general assembly cordially readopts and sanctions the same, and redeclares alike to her citizens and the world, that it is the firm determination of the state, and known to be that of the confederate government, to assert and maintain the jurisdiction and sovereignty of the state of Virginia to the uttermost limits of her ancient bounda- ries, at any and every cost. 2. Resolved, that the governor be requested to send a copy of Governor to these resolutions, properly certified, to the congress of the Confede- tress™ 1 * *° C ° B rate States, to convene on the twenty-second of February eighteen hundred and sixty-four, for their approval. 48 RESOLUTIONS. Sncr >ase of pay No. 2. — Joint Resolution in relation to the Increase of Pay to Soldiers, and Commutation for Rations not furnished in. kind. Adopted OctnberSl, 1S63. Resolved by the general assembly, that we instruct our senators and request our representatives in the confederate congress to use their best efforts to procure, at as early a day as practicable, the pas- sage of a law giving increased compensation to the soldiers in the confederate army, and commutation for rations allowed by the Army Regulations, and not furnished in kind. Commutation for clothing No. 3. — Joint Resolution defining what Commutation for Clothing is to he allowed to the Non-commissioned Officers and Privates of the Virginia State Line. Adopted October 30, 1863. Resolved by the general assembly, that the non-commissioned offi- cers and privates of the Virginia state line are entitled to the same commutation for clothing that is allowed by the Confederate States for the time being; that is to say, at the rate of fifty dollars per an- num for such period of their service as is prior to October eighth, eighteen hundred and sixty-two, and at the rate of one hundred and thirty-four dollars and twelve cents per annum for such period of ser- vice as is subsequent to the eighth day of October eighteen hundred and sixty-two ; and at said rates for any shorter period of service : the same to be allowed on the payrolls, deducting therefrom the pajr ; also, if necessary, the price of all clothing actually issued in kind to each non-commissioned officer and private. The amount thereof to be certified by the company commandant or the quartermasters of the regiment or battalion to which the company belonged. Suspension of ^oramntatioii No. 4. — Joint Resolution directing the Paymaster of the Virginia Forces to suspend Payment of Commutation, &c. Adopted October 8, 1663. Resolved by the senate and house of delegates, that the paymas- ter of the Virginia forces suspend all payments of commutation for clothing until the farther order of the general assembly. Districts to be numbered Eeport to au- ditor Designation of districts not to be changed N,o. 5. — Joint Resolution concerning Commissioners of the Revenue. Adopted October 23, 1863. 1. Resolved by the general assembly, that it shall be the duty of every county and corporation court in this commonwealth, in whose county or corporation more than one commissioner of the revenue is now authorized b} r law, at the first court after the receipt or notifica- tion of this resolution, to designate by order of court each commis- sioner's district by number, commencing with number one, and con- tinuing a successive enumeration until the whole number in the county authorized by law is completed. That such court also, through its clerk, report immediately to the auditor of public accounts the desig- nation of the districts aforesaid, and the name of the present com- missioner of the district so designated. 2. After such order of court shall be made, no change in the desig- nation of the districts shall be made, unless the number of the dis- tricts shall be "increased or diminished in the county or corporation. RESOLUTIONS. ' 49 No. 6. — Joint Resolution ratifying the Contract entered into between the Chairmen of the Joint Committee on Salt, and Stuart, "Buchanan & Co and Charles Scott & Co. Adopted October 29, 1863. , . . Be it resolved by the general assembly, that the contract made and Ratification of entered into by Robert A. Coghill, chairman of senate committee, contTact and James V. Brooke, chairman of house committee, with Stuart, Buchauau & Co. and Charles Scott & Co., bearing date the twenty- seventh day of October eighteen hundred and sixty-three, and pro- viding for the sale and delivery by the last named parties of forty thousand bushels of salt tb the state, in the words and figures follow- ing, to wit: Memorandum of a contract made and entered into by Robert A. Contract for «m Coghill, chairman of the senate committee, and James V. Brooke, chairman of the house committee — the two committees acting as a joint committee of the general assembly of Virginia on supply and distribution of salt — parties of the first part, and Stuart, Buchanan & Co. and Charles Scott & Co., parties of the second part: Witnesseth, that said parties of the second part agree and cove- nant to sell to the commonwealth of Virginia forty thousand bushels of salt, to be delivered at their works at Saltville in the months of November and December eighteen hundred and sixty-three, and in daily installments, as near as reasonably may be, or as much faster • as the said parties of the second part may desire : the salt to be sub- ject to inspection, and actually inspected and made merchantable salt. And the parties of the first part, acting on behalf of the state, do agree and covenant to pay to the said parties of the second part two dollars per bushel for said salt so delivered, on delivery, and to fur- nish the sacks for the same. They also stipulate, on behalf of the state and of the board of Use of trafaa fc* public works, that the parties of the second part shall, during saii Georgia a copy of this report, and a copy of his communica- ™ '^f cie^'V*' tion addressed to the general assembly of Virginia, calling their attention to the subject of the communication of the governor of the state of Georgia. / INDEX. ACTS OF ASSEMBLY. When sketch of, to be prepared, 9 ADJUTANT GENERAL. Salary of, 10 Of clerk of, 10 AGENTS" AND STOREKEEPERS. See General agents. APPROPRIATIONS. Act making ceitain, 4 General assembly, 4 Convicts, 4 Officers and privates, 4 Gay, Lieut. E. S. 4 Auditing board, 4 ARREST OF DESERTERS. Act for,- by civil authority, 20 Deserters, how arrested, . 20 Committed to jail, • 20 Posse comitatus, . 20 Penalties, 20 ASSISTANT CLERKS OF SENATE AND HOUSE OF DELEGATES. Their salaries and duties, 9 AUDITOR OF PUBLIC ACCOUNTS. Salary of, 8 BANK OF ROCKBRIDGE. Act to amend charter of, 40-41 Expiration of charter, 41 Duties of treasurer, 41 Notes, 41 Quarterly statements, 41 Board of directors, 41 BETHANY COLLEGE. Act to reorganize trustees of, 39 Preamble, 39 Directors, 39 Meeting of, 39 Powers of, 39 BOARD OF JURORS. See Jurors. BOUNDARIES OF VIRGINIA. See Jurisdiction and sovereignty of Virginia. BROWN, DR. P. F. Act to repeal act as to bonds held by, 44 CAPON SPRINGS. Act for sale of, - 44 CATHERINE FURNACE. Company incorporated, 35 Powers of, 36 Capital, 36 CENTRAL LUNATIC ASYLUM. Act to supply deficiencies in appropria- tion for, 26 CHANCERY SUITS. See Partition. CIRCUIT COURTS. Act concerning special terms of, 16 Warrant for special terms of, 17 CLARKSON, JOHN N. Act for sale of salt of, 45 CLERK HOUSE OF DELEGATES. Salary of, 9 Duties of, 9 CLERKS OF COMMITTEES. Compensation of, 9 Duties, 9 Appointment, 9 CLERKS OF COURT OF APPEALS. How bond of, taken, 16 CLERKS OF COURTS. Compensation of, for public services, 14 Proviso as to Richmond and Petersburg, J4- Salary of, Duties of, CLERK OF SENATE. CLOTHING. See Commutation fdr clothing. COMMISSIONERS OF REVENUE. Act as to fees of, 3 How paid, 3 Joint resolution as to districts of, 48 Report to auditor, 48 Designation of districts, 48 COMMON COUNCIL OF PETERSBURG. See Petersburg. COMMUTATION FOR CLOTHING. Resolution as to, for state line, 48 54 INDEX. Resolution as to suspension of payment for, 48 COMPUTATION OF SALAEIES. Act as to, 10 CONFEDERATE SAVINGS AND INSURANCE COMPANY OF PETERSBURG. Act incorporating, 29-31 Company incorporated, 29 Capital, , 29 How paid, '29 Commissioners, 29 Affairs how managed, 29 Officers, 29 Assignment, 29 Insurance on vessels, 30 Policies and dividends, 30 General meetings, 30 Agents, 31 Subject to Code, 31 CONFEDERATE TREASURY NOTES. Receivable in payment of taxes. 3 CONTESTED ELECTION. Code amended, 11 When notice may be given, 11 List of votes, 11 Objections, ! 1. Eligibility, 11 In special elections, 12 Depositions. 12 CONTRACTS. What payable in currency, 3 CONTRACTS WITH CONFEDERATE GOVERNMENT. For whiskev not to be executed, 25 CONVICTS. Act to authorize hire of, When governor may hire. Stipulation as to return, COURT OF APPEALS. Act concerning jurisdiction of, COUNTIES IN POSSESSION OF ENEMY. See Trial. CRIMINAL JURISDICTION. Of court of appeals, CURRENCY. 'See Contracts, and Small notes. DESERTERS. See Arrest of deserters. DISTILLATION, Act of 1863 amended. Distillation prohibited. Contracts not to be executed, Act to be published, 16 16 DISTRICT COURTS. Sec Circuit courts. DOORKEEPERS. Salary of, EASTERN LUNATIC ASYLUM. Act to provide payment of claims against, 25-6 ELECTIONS. See Contested elections. ENCLOSURES. Act as to, in Washington county, 42 See Fence law. FAMILIES OF SOLDIERS AND SAILORS. See Indigent soldiers and sailors. FEES OF COMMISSIONERS OF REVENUE. Act as to, 3 FEES OF OFFICERS. Limitation as to, 10 FENCE LAW. Act as to, amended, 19 Counties enumerated, 19 FOOD. Act as to transportation of, 14 FORCES FOR PUBLIC DEFENCE. Act as to, 6 FREE NEGRO CONVICTS See Convicts. FRIEND, THOMAS R. Act as to contract with, 43 Power of board of public works, 44 FRIENDLY SUITS IN CHANCERY See Partition. FUEL. See Transportation of fuel. FUEL AND LIGHTS. See Governor's house. GAMING. Act to suppress, 12 Code amended, 12 Penalties for, 12 Infamous offence, 12 Whipping, 12 Property forfeited, 12 When property may be seized, 12 Penalty for renting house for gaming, 12 Hiring slaves, 12 Property when forfeited, 12 Fine and imprisonment, 13 Free negro when sold, 13 Duty of court as to forfeited property, 13 Equitable title, 13 INDEX. 55 Conveyance how made, 13 Corroborative evidence, 13 Search aud examination, 13 Proceedings after search, 13 When officer to seize property, 13 Order as to safe-keeping 1 , 13 Duty of attorney for state, 13 GASKINS, WILLIAM E. & ALS.. Act for relief of, 42 Preamble, 42 Amount how received, 42 How held, 43 GENERAL AGENTS AND STORE- KEEPERS. Act for appointment of, 20 How appointed, 20 Power of courts, 20 Purchase of articles, 20 To whom not to be sold, 20 Books of agents, 21 To whom articles to be sold, 21 Price therefor, 21 Oath aud bond of agents, 21 Transportation, • 21 Counties in possession of enemy, 21 Salary of, GOVERNOR. GOVERNOR'S HOUSE. Act to supply fuel and lights to, Governor reimbursed for lights,, &c. HABEAS CORPUS. Jurisdiction of court of appeals in cases of, 16 HIRE OF CONVICTS. Act as to, 25 See Convicts. HOME INSURANCE COMPANY OF PETERSBURG. Act incorporating, 31-3 Company incorporated, 31 Capital, 31 How paid, 31 General meetings, 31 Affairs how managed, 31 Quorum, 32 Officers, 32 Assignment, 32 Insurance, 32 Investments, 32 Policies, 32 Dividends, 32 Subject to Code, 33 IMPRESSMENTS. See Indigent soldiers and sailors. INCORPORATED COMPANIES. Act as to meeting of stockholders of, 16 How meeting constituted, 16 When to adjourn, 16 Proviso, 16 INDIGENT SOLDIERS AND SAILORS. Act tor relief of, 21 List how made, 21 How returned, 21 How examined and added to, 22 Allowance of money or supplies, 22 How charged, 2 m Z In case of refugees, . 22 Amounts how certifie'd, 22 When paid out of treasury, 22 Agents and their duties, 22 When impressments may be made, 22 Who deemed a speculator, 22 Estimates how made, 22 When agent may sell to others, 22 Exception as to merchants, ' 23 Exception as to impressment of family supplies, 23 W T hen justices to be convened, ■ 23 Oath aud bond of agents, 23 Penalty for failure to carry out act, 23 How prosecuted, 23 How act to be executed, 23 To be given in charge to grand juries, 211 JAILORS' FEES. Act concerning fees of jailors, 19 JAMES RIVER-PACKET COMPANY. Act to amend charter of, 38 JURISDICTION AND SOVEREIGNTY OF VIRGINIA. Preamble and resolution as to, 47 Purpose of state, 47 To be transmitted to congress, 47 JURORS. Act as to board of, 14-15 Amount allowed, 15 KING GEORGE COUNTY. Act as to roads in, /■ 41 MEETINGS OF STOCKHOLDERS. See Incorporated companies. MERCHANTS INSURANCE COMPANY OF PETERSBURG. Act incorporating, amended, 35 Capital, 35 Stock how assignable, 35 NOTICE IN CONTESTED ELECTIONS. See Contested elections. NUN AN, JOHN. Act refunding license tax to, 45 OFFENCES COMMITTED IN COUN- TIES IN POWER OF ENEMY. See Trial. OLD DOMINION TRADING COMPANY. Act to incorporate, 37 Powers of company, 37 Act to amend act, 37-8 56 INDEX. PARTITION. Act concerning' friendly suits for, 17 When may be tried in another county,' 17 Decrees how certified, 17-18 PAY DEPARTMENT. Act to repeal ordinance creating, Unfinished business how disposed of, PAY OF SOLDIERS. Resolution as to, PENITENTIARY. Salaries of officers of, Allowance to, PETERSBURG- Act to enlarge powers of council of, Powers of council, 48 PETERSBURG IRON MANUFACTUR- ING COMPANY. Act as to holding lands by, 44 PETERSBURG IRON WORKS. Company incorporated,- 36 Capital, 36 How organized, 36 PRIORITY OF TRANSPORTATION Act as to, PUBLIC DEFENCE. See Slaves to work on fortifications. Act to authorize forces to be called out for, Volunteers how called out, Existing organizations, How act to be published, J4 PUBLIC PRINTER. Act for relief of, 26-7 PUBLIC ROADS. See King George county. PURCHASES BY COUNTY. COURTS. See General agents, &c. PURCHASE OF SALT. Act appropriating money for, 8 RAIL ROAD COMPAND3S. Duties required of, 24 RECORDS OF COURTS. Act for removal of, How removed, When may be removed, When in case of death of clerk, See Removal of records. REGISTER OF LAND OFFICE. Salary of, REMOVAL OF RECORDS. See Records of courts. ROAD LAW. Code amended, When persons to work on roads, Penalties for failure, Proviso, ROBINSON, ISRAEL. Act as to funeral expenses of, SALARIES OF OFFICERS OF GOVERNMENT. Act to increase, In executive department, In office of first auditor, In office of second auditor, In treasurer's office, In land office, Clerk of senate, Clerk of house of delegates, Assistant clerks, Sergeant at arms and doorkeepers, Clerks of committees, Penitentiary, Surgeon of penitentiary, Superintendent of public building's,. Adjutant general's office, Secretary of board of public works, Salaries when to commence, • Limitation as to fees., Act amended. SALT. Act of 1863 amended, Control of transportation, How sold and delivered. To refugees, How distributed, Price, Act amended, Salt how delivered, Agents how appointed. Price how fixed, Salt to be distributed to refugees, Proviso, Joint resolution as to contract fox, Contract ratified, 17 J7 J 7 17 8 9 9 . 9 9 9 9 10 10 10 10 10 10-11 6 6 6 6 7 7 7 7 7 7 7 7 49 49 SALT FOR GEORGIA. Report as to transportation of, • 50-51 Salary of, SECOND AUDITOR. SECRETARY OF COMMONWEALTH. Salary of, 8 SECRETARY OF' BOARD OF PUBLIC WORKS. Salary of, SERGEANT AT ARMS. Salary and fees of, SHERIFFS AND SERGEANTS. Act making compensation to, for public services, SINGLETON, WASHINGTON G. Act for relief of, 10 9 M 45 INDEX. 57 SLAVES TO WOEK ON FORTIFI- CATIONS, y Act of 1863 amended, 4 Duty of governor, . 4 Slaves how called out, 4 Limitation as to number, 4 Per centage in counties, 4 How apportioned, 5 Proviso as to certain counties, 5 When governor may exempbcounties, 5 How, when party has lost one-third of slaves, 5 Compensation, 5 Liability of confederate government, 5 When not responsible, 5 Hired slaves, 5 Proviso, 5 Duty of county courts, 5 Of commissioners of revenue, 5 Requisitions how apportioned, 5 Classes, 6 Proviso as to soldiers, 6 SMALL NOTES. Act to suppress further issue of, by counties, 3 Proviso, 4 SOLDIERS AND SAILORS. See, Indigent soldiers and sailors. SOUTHERN INSURANCE & SAVINGS SOCIETY OF PETERSBURG. Company incorporated, 33 Capital stock, 33 General meetings, - 33 Affairs how managed, 33 Quorum, 33 Officers, 33 Insurance, 34 Subject to Code, 34 SPECIAL TERMS OF CIRCUIT COURTS. Act as to, in cases of violation of law against distillation, 16-17 STORAGE OF TOBACCO. Code amended, 15 Rates of rent, 15 What for state, 15 Rate of charges, 15 When value recovered in case of fire, 15 Proviso, 15 SUPERINTENDENT OF PUBLIC BUILDINGS. Salary of, 10 Allowance to, for hires, 10 TAXES. What currency receivable in, 3 TOBACCO. See Storage of tobacco. TRANSFER OF CAUSES. See Williamsburg and James City. 5 TRANSPORTATION OF FUEL. Act as to, by rail roads, 24 Fuel when to be transported, 24 Compensation to rail road companies. 24 How fixed, 24 Fines, 24 Proviso as to Virginia and Tenrjessee rail road company, 24 TRANSPORTATION OF FOOD TO CONSUMERS. Code amended, 4 Act giving priority to, 14 When rail road companies to transport, 14 Order of time, 14 Priority of transportation, 14 Express freight not to be charged, 14 TRANSPORTATION OF SALT. See Salt for Georgia. TRANSPORTATION AND SALE OF SALT. See Clarkson, John N. Salary of, Of clerks of. TREASURER. TRIAL. Act of 1862 amended, Where prisoner to be confined, Proviso as to bail, When bail granted as of right, Power of judge, 18 18 18 19 19 UNION MANUFACTURING COMPANY. Company incorporated, 36 Capital, 36 Power to hold lands, 36 Commissioners, 36 VIRGINIA FEMALE INSTITUTE. Act to incorporate, 40 How managed, 40 Diplomas, &c. 40 VIRGINIA VOLUNTEER NAVY. Act to incorporate, 36 Powers of company, 39 Capital, 39 How increased, 39 VOLUNTEER NAVY. See Virginia volunteer navy. WASHINGTON COUNTY. Act as to enclosures of, 42 WILLIAMSBURG AND JAMES CITY. Act for transfer of causes from courts of, 18 Where may be removed, 18 Notice how given, 18 Suit how proceeded in, 18 When cause remanded, 18 When returned, 18 OF THE G ENERAL ASSEMBLY <0F THE ATE OF VIRGINIA PASSED AT SESSION OF 1863-4, i:n the EIGHTY-EIGHTH TEAK OF THE COMMONWEALTH RICHMOND : William f. ritchie, public printer. 1864. PUBLIC OR GENERAL ACTS. Ghap. 1. — An ACT to suspend the act passed March 28th, 1863, entitled an act imposing Taxes for the Support of Government, and to continue the Rights and Remedies of the Commonwealth, and prescribing further Regu- lations for Licenses. Passed March 3, 1864. Whereas it appears, from the report and estimates of the auditor Preambte of public accounts, that the available balance which will be in the treasury on the fifteenth of March eighteen hundred and sixty-four, with additional receipts accruing during the current fiscal year, will amount to the sum of nine million three hundred and twenty-five thousand four hundred and forty-five dollars, which sum will, in the opinion of this general assembly, be ample for the support of the state government, as well as for compliance with any demands which may probably be made upon the treasury during the current year : Therefore, 1 . Be it enacted by the general assembly, that the act passed Act of L663 gu9- March twenty-eighth, eighteen hundred and sixty-three, entitled an p 611 ^ act imposing taxes for the support of government, be and the same is hereby suspended until the thirty-first day of January eighteen hundred and sixty-five. 2. All the rights, remedies and penalties imposed by said act, Rights, remee^* which may have accrued under the same, are reserved to the com- l^ v ^ naXtl<3B rt monwealth. 3. In every case, under the operation of the act aforesaid, or any License require* other law now in force, in which a license was required, a license shall be obtained, and a fee of one dollar shall be paid to the com- missioner issuing such license. 4. There shall be no assessment of property or licenses, during No asaeasmeat to the suspension of the act aforesaid, by the commissioners of the be mad8 revenue, but licenses shall be issued and obtained without assess- ment. 5. This act shall be in force from its passage. Ommoaeement Chap. 2. — An ACT appropriating the Public Revenue for the Fiscal Years 1863-4 and 1864-5. Passed March 8, 1864. 1. Be it enacted by the general assembly, that the public taxes Ooora) fund and arrearages of taxes due prior to the first day of October eighteen hundred and sixty-three, and not otherwise appropriated, and all other revenue and public money not otherwise appropriated by Jaw, which shall come into the treasury prior to the first day of October eighteen hundred and sixty-five, and the surplus of all appropriations made prior to the said first day of October eighteen hundred and sixty-five, shall constitute a general fund, and be appropriated for the fiscal years to close respectively on the thirtieth (lay of September eighteen hundred and sixty-four and the thirtieth day of September eighteen hundred and sixty-five, and to be paid out upon the warrant of the auditor of public accounts, to wit : First — The appropriations for the yesr ending the thirtieth day of September eighteen hundred audi sixty -four shall be as follows, to wit: 4 APPROPRIATIONS- i Civil Department. GkneraA assem- To pay the per diem allowance and mileage, and other expenses of h)y the members and officers of the general assembly for the extra session continued in October, and the regular session which commenced on the first Monday in December eighteen hundred and sixty-three ; to pay the pages of the senate and house of delegates, the porter of the senate, and servants for making lires and superintending furnaces iu the capitol, upon the certificates heretofore issued in such cases, seven hundred thousand dollars. V judiciary To pay the salaries and mileage of judges, and the salaries of all other officers of the civil government, two hundred and fifty thousand dollars. Expanse of To pay allowances to commonwealth's attorneys, clerks, sheriffs, Jiv8d° W " rs * day of April eighteen hundred and sixty-four, the non- interest bearing treasury notes of the Confederate States, issued prior to the first day of April eighteen hundred and sixty-four, in payment of taxes and other public dues due prior to the. first day of April eigh- wuen to be paid teen hundred and sixty-four. But no sheriff or other collecting ia officer shall receive credit, unless he shall pay the same into the treasury on or before the twenty- fifth day of June eighteen hundred Oath of officer and sixty-four, nor until he shall make oath that the notes offered in payment by him were severally and actually received by him in payment of taxes and other public dues, at the times and rates spe- cified in this act. 3Jotes of the de- 3. The non -interest bearing treasury notes of the Confederate nomination of States of the denomination of five dollars, issued prior to the first day of April eighteen hundred and sixty-four, may be received without abatement in payment of taxes and other public dues until the tenth when to be paid day of June eighteen hundred and sixty-four: provided the same to shall be paid into the treasury on or before the twenty-fifth day of June eighteen hundred and sixty-four. Act of Sept. 4. The act passed September fourteenth, eighteen hundred and 14th repealed sixty-three, entitled an act amending and re-enacting- the one hun- dred and ninth section of an act entitled an act imposing taxe3 for the support of government, passed March twenty- eighth, eighteen hundred and sixty-three, is hereby repealed. Act to be pub- 5. It shall be the duty of the keeper of the rolls to cause this act Usked to be published immediately after its passage, in at least five news- papers published in Richmond, for a period of four weeks. Commencement 6. This act shall be in force from its passage. Chap. 4. — An ACT to authorize the Funding of certain Currency belonging to the State, in Confederate Bonds, and to authorize the Sale of such Bonds if necessary, and tu authorize the Conversion of other Notes into other Issues. Passed March 3, 1864. Commission ap- 1. Be it enacted by the general assembly, that the governor, trea- poinu-d surer and auditor of public accounts be and they are hereby autho- rized, in their discretion, a majority of them concurring therein, to fund, at any time before the first day of January eighteen hundred TRANSFER OF STATE BONDS. 9 and sixty-five, any or all of the treasury notes of the Confederate States now owned by the state, in the six per centum bonds of the Notes, how Confederate States; and in like manner to fund in said bonds any of funded such notes that may be received, without the abatement of the thirty- three and one-third cents, as provided by the net of the congress of the Confederate States to reduce the currency, and for other purposes. 2. The governor, treasurer and auditor of public accounts, a ma- Bonds, how sold jority of them concurring therein, may sell, for treasury notes of the confederate government, issued after the first of April eighteen hun- dred and sixty-four, from time to time, so man}'' of said bonds as may be necessary to meet appropriations authorized by law and expenses of government, and pay the proceeds of sale into the treasury. Any sale of such bonds shall be made at public auction, after due notice. Brit no sale shall be made for less than the current market value, and no commissions shall be paid for the sale of such bonds. 3. Any of said notes that may be lawfully received with the abate- vrh-n notes to ment of the thirty-three and one- third per centum, shall be. converted Reconverted by the treasurer and auditor qf public accounts into the issues of treasury notes of the Confederate States, issued after the first of April eighteen hundred and sixty-four, as authorized by act of Con- gress. 4. It shall be the duty of the governor, treasurer and auditor of report of pro- public accounts to report their proceedings under this act to the ceedings general assembly. 5. This act shall be in force from its passage. Commencement Chap. 5. — An ACT to authorize the Transfer of certain Bonds of the State, held in trust by the Government of the United States for the Cherokee Tribe of Indians, and providing- for the Payment of Interest thereon. Passed February 9, 1864. Whereas it is represented to the general assembly, by the com- preamble missioner of Indian affairs of the Confederate States of America, that the secretary of the interior of the United States government holds, in trust for the Cherokee tribe of Indians, the sum of ninety thousand dollars of the registered bonds of this state, upon whicli six- teen thousand two hundred dollars interest is now due : And it is fur- ther represented, that in the war now pending between the govern- ments of the United States and of the Confederate States, the said tribe of Indians have united themselves with the confederate govern- ment; and that government having assumed the "protectorate of the several nations and tribes of Indians occupying the territory west of Arkansas and Missouri, south of Kansas, north of Texas and east of Texas and New Mexico," embracing the country inhabited by the said tribe of Cherokees; and the said commissioner of Indian affairs having Applied to this general assembly for the payment of the said interest now due, and to become due hereafter : Therefore, 1. Be it enacted by the general assembly of Virginia, that the Bonds, how second auditor be and he is hereby required to transfer on the books transferred of his office the said sum of ninety thousand dollars, standing in the * name of the secretary of the interior of the United States, to the secretary of the treasury of the Confederate States, to be held by said secretary in trust for said tribe of Cherokee Indians, as provided by the treaty entered into by the authorities of said confederate government and of said tribe of Cherokee Indians; and thereupon Certificates can- the certificates of the registered bonds of this commonwealth, held Cfcled by the said secretary of the interior of the United States, shall be deemed to be canceled and be void, and all payment of any interest due thereon, or to become due hereafter, shall be illegal. And it xew certificates, shall be the duty of the said auditor to issue like certificates of the how issued registered debt of' this state for the full amount so held by the said 10 SALT. Interest, how paid Principal and interest Commencement secretary of the interior of the United States, to the said secretary of the treasury of the Confederate States, to be held by him in trust for said Cherokee tribe of Indians, the said certificates of debt, bear- ing date on the first day of January eighteen hundred and sixty-one. And the commissioners of the sinking fund of the state shall direct the said auditor to pay to said secretary of the treasury the semi- annual installments of interest due thereon the first day of July eighteen hundred and sixty-one ;• the first day of January eighteen hundred and sixty-two ; the first day of July eighteen hundred and sixty-two ; the first day of January eighteen hundred and sixty- three ; the first day of July eighteen hundred and sixt}"-three, and the first day of January eighteen hundred and sixty-four, and that may hereafter accrue ; to be disbursed according to the trust reposed in him ; and thereafter to pay the principal and interest which may become due on said certificates of debt, as is now or may be here- after prescribed for the payment of interest on the state debt. 2. This act shall be in force as soon as the proper authorities of the Confederate States shall file with the second auditor an obliga- tion, approved by the commissioners of the sinking fund, to indem- nify the commonwealth against any loss or liability incurred by rea- son of this act. Impressment authorized Time for whit property is to .he held Slaves, ,p08e of the penitentiary when he shall be discharged, or for good cause, in the opinion of the superintendent, may be used for his or her benefit. Before any male prisoner shall be permitted to labor in the Convict required shops, or elsewhere out of his room, he shall make and subscribe such t allowed to the gospel for performing religious services, and the officers and others ™ u !,1c ' P eBit6 "- having duties or business . therein, may go into the interior of the " "' penitentiary. Any other person, under rules and regulations to be prescribed by the governor, may also visit the same. There shall be no conversation between a visitor and a convict, unless special license therefor be given by the governor or superintendent. 24. The superintendent may apply the means of the institution to Snr erintendent repair and enlarge the shops, and increase the number of cells when f ) " : '.\ r ^ ed t , or<> " required. He shall cause to be done in the penitentiary any work ghopsVaridin' 8 * which can -be done therein towards effecting the improvement or ° lva! > on -uH>barof repairs mentioned in the fifteenth section. He shall direct the ma- quir^r'^" r< ' nufacturing operations, and have the goods manufactured and work done at the penitentiary (excepting as otherwise provided), and have an invoice made out weekly of the goods manufactured, with the prices thereon ; one copy of which shall be filed with the clerk of the penitentiary, and one other copy delivered weekly to the secretary of the commonwealth. The superintendent and the clerk appointed Superintendent by the governor, shall from time to time fix the prices of goods manu- *" d c, ? rk to _ fix factured at the penitentiary; and the schedule of prices so fixed shall goods manufac- be recorded in a book to be kept for that purpose. turefi 25. When an investigation is ordered by the governor as to a mat- Power of board ter concerning the penitentiary, or the conduct of persons connected investigating therewith, it shall be his duty to constitute a commission of three in- ordered by" the telligent gentlemen to make the investigation ; and the clerk of the governor penitentiary, by order of said commission, may issue a summons, 5!^.*f J S - 8UU •*,. i " \ * ■ •!*• r i • i ■ summons for directed to the sheriff ot any county, commanding him to summon witnesses any person to attend at the penitentiary on a certain day, to give evidence before the said commissioners, and may administer an oath to such person. The commissioners shall have like powers/under the twenty-third and twenty-fourth sections of chapter one hundred and seventy-six, as if it was a court whose clerk had issued the sum- mons; and the clerk of the penitentiary shall make such entry as would be made under the thirty-fifth section of the same chapter, if the attendance were before a court, and made by the clerk thereof. The sum to which the witness is entitled shall be pair! out of the Compensation of funds of the institution. Testimony taken before the said commis- witnesses, how doners shall not be read on the trial, by a court martial, of an officer pai or soldier of the public guard, but shall be delivered to the governor to take such action thereon as he may deem proper, The interior interior guard guard and all the officers of the penitentiary shall take the oaths pre- and officers to scribed by law for public officers. serib °d for pub- 26. The soldiers of the public guard, while stationed at the peni- lie officers tentiary, shall attend to the outer gates as heretofore, and obey the 5™** e */£„ s £j: n * n , . , . ,° . .... •: fliers ol public orders ot the superintendent m relation to the security oi the prison- guard to ohey ers and the protection of the property of the penitentiary ; and it ™fo™ °f the shall be lawful for any officer of the penitentiary, interior guard or AiioweVto carry soldier to carry sufficient weapons to prevent escapes, suppress re- weapons to.sup- bellion and for sell-defence, and to use the same against any" prisoner andL^seif- 1011 for such purpose. No officer of the penitentiary or officer or soldier defence of the public guard shall be allowed to trade or traffic with convicts, Trade and traffic . r - /. , °. ,..,... ~> . , , .. , i. with the convicts on pain ot being dismissed it an officer, or punished if a soldier, prohibited 2 IS PENITENTIARY. And if any person bring into or carry out of the penitentiary any article or thing which may be prohibited by the rules and regulations thereof, he shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined in a sum not exceeding one thousand dollar?, and shall be confined in jail for a term not exceeding twelve mouths. ciei-k of pem- 27. The clerk of the penitentiary, who shall be appointed by the tentiary governor, shall keep the books thereof, enter all orders made at the penitentiary, and daily enter on one of the books of the penitentiary the cost of raw materials furnished to each ward, copies of the ac- counts of all sales for the penitentiary, reported to him hj the super- intendent, and a copy of entries in the receiving clerk's books of the sale of manufactured goods for the day, including all moneys received for th rt use of the penitentiary. It shall also be his duty to compare the books of the different ward masters with his own books and books of the receiving clerk, at least once a week, and enter on record the result of such comparison, and be subject to the orders of the superin- tendent. Residence, &o. of 28. The superintendent may reside in the front building of the superintendent penitentiary, and be allowed his fuel and lights. He shall also be aL.nved him authorized to use a small piece or lot of the land for a garden to raise vegetables for his own family use. He shall be the chief executive officer of the penitentiary, and direct its internal police and manage- ment, subject to the orders of 'the governor. He shall, under rules and regulations to be^prescribed by the governor, sell all surplus manufactured goods or other articles manufactured at the peniten- tiary, or the proceeds of the labor of convicts or transports elsewhere, and shall furnish accounts thereof to the clerk of the penitentiary for i-v.wer to ap- record. He ma}", with the approval of the governor, appoint seven point assistants assistants, whose duties he shall prescribe, to be designated and stand in authority as "first, second, third, fourth, fifth and sixth ward delivering clerk masters ;" and the seventh assistant shall be known and denominated and gate keeper as "the receiving and delivering clerk and gatekeeper," and shall keep a book, in which an entry shall be made of all moneys received by him as gate keeper; and he shall also keep an account of the value of all manufactured articles sold outside of the penitentiary by the superintendent or any of his officers, and shall receive the money for all manufactured articles sold at the penitentiary, and pay over to the superintendent the same at the end of each week, or oftener if required by him, taking his receipt therefor in a receipt book kept for that purpose. The superintendent may require bond and secu- rity from said delivering clerk, for the faithful performance of the duties of his office, and may also prescribe the mode and manner of Aetiug superin- keeping and making entries in his books. The superintendent shall ten :^ utt ° be at all times, when he is about to leave the penitentiary, designate which of his officers shall perform the duties of his office of superin- Proceedsof galea tendent during his absence. All money realized from the sale of to be paid into manufactured goods or other articles, and from the labor of convicts monthly and transports, shall be paid into the treasury monthly by the super- Proviso intendent of the penitentiary: provided, that the superintendent shall be authorized to use the money received at the penitentiary during any one month, before he pays the money into the public treasury, for the necessary purchases of subsistence and raw mate- rials, an account of which he shall render to the auditor of public accounts when he makes his deposits at the end of each month. Auditor to re- Should the superintendent fail to make the payment into the trea- port failure suit, directed by this section, for ten days after it becomes due, the Governor may auditor shall report the fact to the governor, who shall thereupon t^ndent 1 SUperm nave authority to suspend the superintendent -from the discharge of the duties of his office, and appoint temporarily a successor, who shall discharge the duties of the office, first executing such bond as the governor may deem proper. All expenditures for the purchases PENITENTIARY. 1 9 of raw materials arid all other expenses of said institution shall be defrayed out of the treasury, upon the warrant of the auditor of public accounts. All accounts of purchases' so made and of other expenses shall be approved by the said superintendent; and if it shall Advancement to at any time become necessary to use money for purchases out of this superintendent state, the superintendent may, by the consent and authority of the governor, have a sum of money, not exceeding at any one time the sum of twenty thousand dollars, advanced to him out of the treasury for that purpose; but such advance of twenty thousand dollars shall not be made oftener than once in three months. The superintendent, Superintended for facilitating the procuring of supplies, may, if he deem it neces- may appoint an proper, appoint, with the approbation of tne governor, an tant additional assistant, who shall be denominated a purchasing clerk, whose duty it shall be, under the direction of the superintendent, to purchase raw material and other supplies for the penitentiary, and do and perform such other duties as the superintendent may direct; and the superintendent may require., for his own safety, of said assis- tant, bond with security, in such penalty as he may deem proper, for the faithful performance of the duties assigned him by the superin- tendent: and it shall be the duty of the several rail road and other Duty of ran internal improvement companies to cause all materials so purchased road companies to be promptly transported over their respective lines to the city ef Richmond. 29. When the board of directors of either of the lunatic asylums To have work desire to purchase, for the use thereof, cloth, clothing or shoes of the don , e for lunatic t- . ' <■ ,i •■ , ■ •/> ,i i • •■• ■ asylums manufacture oi the penitentiary, it they make requisitions m rea- sonable time, the superintendent of the penitentiary shall pack up the articles, forward them to the asylum at its cost, and charge the articles to the state. The prices of manufactured goods and other articles shall be regulated under the direction of the superintendent, and be sold by him, his purchasing clerk, or such other officer as he may direct. 30. The superintendent shall, at the end of each fiscal year, fur- To famish re- nish the auditor of public accounts with a receipt from an officer of ceiDt t0 auditor the asylum for any articles so furnished within said year, and a state- ment of their prices, for which the penitentiary shall have credit, and . the asylum be charged. 31. He shall, at the end of each fiscal year, state a general ac- To render an- count between the state and the penitentiary for such year, charging nuall y a genera! the latter with the value of the tools, machinery, fixtures and mate- rials on hand at the commencement of the year; the raw materials purchased during the year; the rations furnished for the convicts; the salaries of all the officers, and all the contingent expenses of the penitentiary, and crediting it with the work of the convicts done du- ring the year ; the work and repairs done by the convicts on the prison and other public property; clothing furnished the convicts, and the value of the tools, machinery, fixtures and materials on hand at the end of the year; amount of all sales of manufactured goods and other articles — with all other debts and credits necessary to show a true account with the institution and the state: which shall be made a part of his annual report. 32. It shall be the duty of the governor to appoint, at the end of Governor to ap each quarter, a commissioner, who, after being duly sworn, shall go P. ointa commia- to the penitentiary, and take an account of the manufacturing and Duties, &c financial operations of the penitentiary through the quarter just ended, and diligently enquire into the manner in which the superin- tendent, officers and guards have performed their duties, and make report to the governor: a copy of which report shall be recorded in the books of the penitentiary ; and he shall be paid out of the civil contingent fund such sum as the governor may deem proper. 33. The force sent to the penitentiary from the public guard shall Force gent to consist of a non-commissioned officer's command, and be in charge of penitentiary, ° how command ed, &c 20 MILITARY AFFAIRS. (Jcnviets em- ployed outside to be attended with sufficient guard [nterior guard, how appointed, dismissed and paid Rewards for pritsonerH escap- ing, how paid Superintendent to execute new bond Penalty fiotnsnencement such officer, and a chain of sentinels shall surround the peuitentiary night and day. 34. While the convicts are employed in any work on the public grounds or property outside of the penitentiary, they shall be attended with a, sufficient guard detailed by the captain of the public guard. 35. The superintendent may employ a guard, not exceeding twelve persons, for the interior oi' the penitentiary, who shall perform such duties as the superintendent may direct. Any person so em- ployed may be dismissed from service at the pleasure of the. superin- tendent : and the superintendent may assign one of the said guard to superintend and cut out the leather in the shoe shop, and provide for its safe-keeping through the day, who shall be allowed such additional compensation as may, in the opinion of the I governor, be just and proper. 36. If any convict escape from the penitentiary, or from the cus- tody of the superintendent, he may offer a reward for the apprehen- sion and redelivery of such convict, not exceeding five hundred dol- lars : one-half thereof to be paid by the institution, and the other by the superintendent, his assistants and the interior guard, in propor- tion to the amount of their salaries ; but none of said officers shall be entitled to such reward. 37. The superintendent shall, within thirty days from the passage of this act, execute a new bond in the penalty of one hundred thou- sand dollars. 38. This act shall take effect from its passage, and all acts and parts of acts coming in conflict with this act are hereby repealed. Commissions ■vacated Chap. 10. — An ACT vacating the Commissions of Militia Officers of the Line. Passed February 11, 1864. 1. Be it enacted by the general assembly, that from and after the passage of this act, the commissions of all major generals and briga- dier generals, and their respective staffs, all colonels, lieutenant colo- nels, majors, captains and lieutenants of the militia of the line, be and the same are hereby vacated. p.oviso 2. Provided, that this act shall not be construed to apply to offi- cers of the second class militia, nor to the officers of the nineteenth regiment of the militia of the line. cicmmencement 3. This act shall be in force from its passage. Examining board, how ap pointed Chap. 11.— An ACT disbanding the 179th Eegiment of the Militia of the Line, and for the more efficient organization of the 19th Regiment of the Militia of the Line, and the 1 st Regiment of the Second Class Militia. Passed February 11, 1864. 1. Be it enacted by the general assembly, that whenever any field, staff or company officer of the militia of the line, or of the second class militia, shall be deemed by the governor inefficient or incompe- tent, he may appoint an examining board, who shall thoroughly examine into the qualification and fitness of such officer, and if their report be unfavorable to the officer, the governor shall have authority to remove such officer, and the vacancy shall be filled in such mode as may be prescribed bylaw; but no new officer shall be commis- sioned until he has in like manner been examined by the board, and How composed found qualified and fit. The board of examination for field officers shall be composed of the adjutant general of this state, and two commissioned military officers, to be associated -with him by order of the governor ; and for company officers, the board shall be composed of three officers of a grade not less than that of the officer to be examined. MILITARY AFFAIRS. 21 2. Whenever any private or non-commissioned officer neglects, Penalty lor ns- fails or refuses to perform the duties required of him, and disobeys &' le<,t " f aut J the proper orders of lag superior officers, it shall be lawful for the commandant of the regiment, battalion or company to have him ar- rested and promptly tried by a court martial; and upon conviction, he shall be fined not less than one hundred dollars, or be punished, as provided for in the case of enlisted men. by the rules and articles of war of the Confederate States. The fines imposed under this sec- Fain, tion shall be collected by the sheriff or sergeant of the county or cor- poration, as in other cases of militia fines, within sixty days from the time of their imposition. 3. The one hundred and seventy-ninth regiment of the militia of 179th regiment the line is hereby disbanded, and the commissions of the officers com- diBband,>d posing the same are vacated, and the governor shall attach the per- Persons, how sons liable to duty within the bounds of said regiment to the nine- attatilefl teenth regiment of the militia of the line and the first regiment of the second class militia, according to the class to which they respec- tively belong ; and he is authorized to take such measures as he may deem proper to secure the enrollment of all persons liable to duty within the bounds of the nineteenth and one hundred and seventy- ninth regiments ; and the governor may, in his discretion, organize the persons thus enrolled by companies, or he may attach them to existing organizations. Should the number of men justify if?, a new Kew regiment, regiment may be organized by the governor within the bounds above v,beu formed referred to. * 4. This act shall be in force from its passage. Commencemant Chap. 12. — An ACT amendatory of the act passed October 27th, 18'S>>, en- titled an act to authorize the Arrest of Deserters by the Civil Authorities. Passed January 20, 1864. 1. Be it enacted by the general assembly, that the first, second Act of is&s and third sections of the act passed October the twenty-seventh, ameaded eighteen hundred and sixty-three, entitled an act to authorize the arrest of deserters Irr the civil authorities, be amended and re-en- ac-ted so as to read as follows : "That all magistrates, sheriffs, sergeants and constables of the Duty of magia several counties and towns in this commonwealth be required to in- *,^ teS and form the nearest confederate officer of all deserters and other delin- quents owing military service to the confederate government, who Arrest of de may be found in their respective counties, cities or towns, and to » er t«rs arrest and to aid in the arrest of all such delinquents, whether deser- ters, conscripts, or absentees without leave from the army or navy of the Confederate States ; and they shall promptly notify the nearest confederate officer or adjutant general or the secretary of war of such arrest, and shall commit such deserter or other delinquent to some Deserter, how secure county or corporation jail until he can be delivered to the committed confederate authori ties. 2. The said officers may summon so many of the people of their State forces, . county or corporation, or require the nearest commissioned officer of how called out state forces to call out such portion of his command as 'may be suffi- cient for the purpose, to aid in arresting and safely guarding such delinquents until they can be secured in jail as aforesaid: and in powers of making any arrest herein directed, the officers, whether civil or mili- l)fficers tary, shall have the same powers and jurisdiction conferred in the twenty-fourth section, chapter forty-nine of the Code. 3. If any officer shall willfully fail or refuse to perform any duty Failure to dig herein required of him, and any citizen who shall fail or refuse to cbar ge duty obey the summons provided for in the second section, or shall refuse, when called on by any officer authorized to arres*t deserters and other military delinquents, to assist in making any arrest, or in securing 22 MILITARY AFFAIRS. When deemed a misdemeanor ■ jail is Duty of presid ing justice To convene court Patrol, how c ailed out Powors of officer i f patrol rders of court, ~.oiY certified I ■, I ■ I Act to bo given in charge Commencement and safely keeping any prisoner after his arrest, such officer or citi- zen shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined by the jury not less than fifty nor more than five hundred dollars, and shall be imprisoned in the county or corpo- ration jail not less than two nor more than six months : but if any such jail shall for any cause be insecure as a place of confinement, he shall be removed to the nearest county or corporation jail that may be deemed safe, upon the order of the court or presiding justice of the court in which he was convicted. 4. Be it further enacted, that to facilitate the arrest and return of deserters and other delinquents from the army and navy of the Con- federate States, it shall be the duty of the presiding justice of any county, city or town, whenever thereto requested by the governor of the state, the secretary of war of the Confederate States, or the com- manding general of the district or department, and also when reliable information shall be brought to him that there are deserters or other delinquents as aforesaid lurking about or passing through his county, city or town, to convene immediately two other magistrates to act with him, and shall detail from the body of the county a sufficient patrol, under charge of an officer to be appointed by said court, who shall be required diligently to patrol and make search for deserters and other delinquents, and to arrest and dispose of the same as herein before 'prescribed : and the officer of said patrol shall have all the powers conferred in the first and second sections of this act. The court herein mentioned may meet at any convenient and safe point designated by the presiding justice. 5. The orders of said court shall be certified by the presiding justice to the clerk of the county or corporation court, when the same shall not be held at the courthouse thereof, and shall be issued and executed as other orders of the court. 6. Any willful neglect or refusal to perform the duties prescribed in the last two preceding sections shall be deemed a misdemeanor, and subject the offender to the pains and penalties mentioned in the third section of this act. 7. This act shall be specially given in charge to all grand juries, and shall, immediately after its passage, be published by proclama- tion of the governor. 8: This act shall be in force from its passage. Sheds lobe erected Amount, appi prist ed Commencement CHAP. 13. — An ACT authorizing the Governor to cause sufficient Covering to be erected for the protection of the Artillery belonging to the State Passed January 22, 1864. 1. Be it enacted by the general assembly, that the sum of twenty- two thousand five hundred dollars be and is hereby appropriated for the purpose of erecting sheds or other suitable covering at or near the city of Richmond, and at the Virginia military institute, to pro- tect the guns, caissons, gua carriages and artillery harness belonging to the state of Virginia. 2. The money hereby appropriated shall be expended under the direction of the governor; and the auditor of public accounts shall pay such amount of the sum hereby appropriated as may be expended, upon the order of the governor. 3. This act shall be in force from its passage. ARMY AGENCY. 23 Chap. 14. — An ACT to establish ;m Army Agency iu the City of Rich- mond, for the relief of Soldiers, Seamen and Officers of Virginia iu the Confederate Service, and to repeal the 1st, 2d and 3d sections of an act establishing such Agency, passed March 9th, 1863. Passed March 4, 1864. 1. Be it enacted by the general assembly, that the governor shall Army agent, appoint an army agent to superintend and conduct the agency hereby bow a PP° mte,i constituted for the relief and comfort of th'e soldiers, seamen and officers in the confederate service from the state of Virginia. 2. It shall be the duty of such agent to receive and forward to the Dm.y of agent soldiers, seamen and officers aforesaid any contributions of clothing, shoes or other necessary and proper supplies which shall be furnished by their families or friends or by the state for that purpose; to re- ceive and store all supplies, baggage and clothing of such soldiers, seamen and officers, and deliver the same when demanded by the owners or by the proper military authorities, and as far as practica- ble provide a place of lodging, and when necessary, food or rations for all indigent soldiers, seamen and officers of Virginia in transitu through the city of Richmond on furlough or sick leave. Such pro- visions for food and lodging may be limited and regulated in such manner as said agent shall find prudent and necessary, subject to the direction and control of the governor. The said agency shall be Where agency located in the city of Richmond ; but said agent may appoint such located sub-agents at such other points as he shall deem necessary for the proper discharge of the business of the agency. He shall receive and take care of all hospital stores that may be contributed or pur- chased for the sick or wounded soldiers and seamen of Virginia, and shall dispense the same on requisitions from their attending physi- cians or surgeons, or in such manner as the governor shall authorize. He may, under' the direction and control of the governor, provide Clothing, how such supplies of clothing as may be obtained by contribution or by sl! PP lie d purchase, on such terms as he shall deem reasonable, and shall cause such clothing to be issued to the destitute soldiers and seamen of Virginia, under such regulations as the governor shall prescribe or approve. 3. Said agent shall provide a suitable place for the lodging of sol- Lodging- of sol- diers, as provided in the foregoing section, and for the safe-keeping ^h f ° r w pro " of all goods which he shall -procure, or which shall come to his care, until the same can be distributed, delivered or transported to the places of their destination. He shall make such arrangements as may be practicable with the quartermaster's department of the Con- federate States, for the safe and speedy transportation of all goods to be transported ; and he may hire means of transportation, and may Transportation employ such other agents as he shall find necessary to aid and super- ot £° ods intend in the care and preservation and the safe and speedy trans- mission of goods in his custody. 4. The said agent shall from time to time, as he shall deem neces- Notice of objcetB sary, give such notice, by advertisement in the public press and of a s enc y otherwise, of the objects of the agency and the place of his location, as will in his judgment render the agency in the largest degree useful for the purposes designed ; and he may invite and receive contribu- tions from the public for such purposes. He may employ clerks, not Agent may em- exceeding two in number, to aid him in his office or otherwise, who ploy clerkB shall receive such salary as the said agent shall deem reasonable and contract for, and the governor approve, not to exceed fifteen hundred dollars per annum. The said agent shall be entitled to compensation for his services, at such rate as the governor shall approve, not to exceed the sum of three thousand dollars per annum. He may, Subsistence and under the control of the governor, provide subsistence and lodging lod & in & for all persons in the service of the agency ; and for such period as they' are so provided, they shall not receive any other compensation from the state for such services, unless the game be authorized by the 24 FAMILIES OF SOLDIERS. governor, and then not exceeding the rate of two dollars per day : Detailed soldiers provided, that nothing herein contained shall prevent the detailing of soldiers unfit for field duty to act as sub-agents or clerks, whenever the consent of the Confederate States government can be obtained BojkI of ligent therefor. Before the said agent shall proceed to discharge the duties of his agency, he shall enter into bond with approved security, before the clerk of the circuit court of the city of Richmond, in the penalty of twenty thousand dollars, with condition for the faithful perform- ance of his duties as such agent: and any party who may be injured by the willful default or negligence of said agent, may recover judg- ment against him, by motion, upon ten days' notice, before the cir- cuit court of the city of Richmond. Appropriation 5. In order to carry out the purposes of this act, the sum of one hundred thousand dollars is hereby appropriated. ist, 2<:i :iuo 3d 6. The first, second and third sections, of the act passed March s -* 8 of H0 ■■ , ninth, eighteen hundred and sixty-three, entitled an act establishing of 1863 repealed ° . ,, ., » „. , • , ,. ' ■ . -, ,. ,. ° an agency m the city ot Richmond lor receiving and forwarding clothing, shoes and other supplies to Virginia soldiers, are hereby repealed. Oojtimeneement 7. This act shall- be in force from its passage. Chap. 15. — An ACT for the relief of Families of Soldiers living in Coun- ties within the Lines or under the Control of the Enemy. Paused February 50, 1864. Amount appro- 1. Be it enacted by the general assembly, that the sum of one P"''»u'd million dollars be and the same is hereby appropriated for the relief of the needy families of soldiers and sailors in the confederate ser- vice from the state of Virginia, residing in counties within the lines or the power of tho enemy, as herein after provided. Commissioners 2. The auditor, second auditor and secretary of the common- appointed wealth are hereby appointed commissioners, to act without compen- sation, to attend to the apportionment and expenditure of said money • and they are hereby authorized to appoint agents for the several counties, to expend such sums as the commissioners may allot to them, To whom to be for the relief of the needy families of such soldiers and sailors residing "iHtributed m their respective counties or corporations, and for the needy fami- lies of those who have been disabled or honorably discharged, and of the needy widows and minor children of such as may have died or Bond, - gation ; the clerk of the committees on general laws and confederate mitteea in senate relations ; the clerk of the committees for courts of justice and of finance ; the clerk of the committees on public institutions, of privi- leges and elections and on banks : and in the house of delegates, the Clerks of com- clerk of the committees for courts of justice and of schools and col- mittees in house leges ; the clerk of the committees of propositions and of claims ; the clerk of the committee on finance ; the clerk of the committees of privileges and elections and on agriculture and manufactures ; the clerk of the committees on banips and on military affairs ; and the clerk of the committee of roads and internal navigation. The said clerks shall be appointed by the clerk of the senate and the clerk of the house, of delegates respectively, and shall perform the duties of clerks of any other committees in their respective houses, and any similar services that may be required of them, without additional compensation. 9. The superintendent of the penitentiary shall receive annually Superintendent the sum of three thousand seven hundred and fifty dollars ; the first, A f , b p i X i ri e t utiary second, third, fourth, fifth, sixth, seventh and eighth assistant keepers, keepers of the each fifteen hundred dollars ; and at the end of each fiscal year the penitentiary superintendent may receive an additional sum of one thousand dol- lars, and each assistant keeper an additional sum of five hundred dollars, if the net profits of the said penitentiary shall amount to a sum equal thereto ; but if the profits shall not be sufficient to pay 28 SALARIES. the superintendent and assistant keepers the sums aforesaid, they shall be paid pro rata. The clerk of the penitentiary shall receive the sum of two thousand dollars. The surgeon of the penitentiary and public guard shall receive the sum of two thousand dollars. The interior guard of the penitentiary shall receive each four dol- lars per day. Superintendent 10. The superintendent of public buildings shall receive annually of public build- ou t f the treasury a salary of fifteen hundred dollars, payable as other salaries are paid. He shall also receive annually out of the treasury a reasonable sum, to be appropriated thereto, not to exceed twelve hundred dollars, payable monthly out of the civil contingent fund, to enable him to pay the servants and assistants he may have to employ. Adjutant gene- 11. The adjutant general shall receive for his services four thou- r r l r t nd his ' sand five hundred and. fifty dollars, payable as other salaries are paid. He shall appoint one clerk in his office, who shall receive a salary of two thousand six hundred and twenty-five dollars, to be paid as other- salaries are paid. He shall reside at or near, and shall keep his office at the seat of government ; but when the public service shall render it expedient, the governor may direct him to remove with his office to any other place within the state. Board <>f public 12. The board of public works shall have power to appoint a se- wwrlw *° ap- ^ cretary, whose salary shall be annually three thousand three hundred and seventy-live dollars. He shall keep a record of the official acts of the board, and shall discharge such other duties as may be pre- scribed by the board. The proceedings of each day shall be signed by the person presiding on that day. The said proceedings shall be at all times open to inspection. Not to apply to 13. The salary of each of the officers mentioned in the preceding InofficV 10 * n ° W sec *i° us °f this act shall commence on, and be computed from the first day of October eighteen hundred and sixty-three: provided, that this section shall not .be construed to apply to persons not now in office; and said salaries shall be payable in currency receivable by the state for public dues at the times when such salaries shall become due. Officer not to 14. No officer, whose salary is hereby iucreased, shall receive from receive from ,j ie treasury any other compensation for services hereafter rendered, compensation by virtue of his office aforesaid, than the salary aforesaid; and the taan his salary fees and other perquisites hereafter accruing and now allowed by law to any such officer, shall be paid by him into the public treasury. Commencement 15. This act shall be in force from its passage, and shall continue in force for six months after the ratification of a treaty of peace between the United States and the Confederate States of America, unless sooner altered or repealed by the general assembly. acid duration Chap. 18. — An ACT providing Compensation for the Pages and Porters of the Senate and House of Delegates, and for the Clerk of the Joint Com- mittee on Salt, and the Engineer employed to examine the Condition and Capacities of the Salt Works, &c. Passed February 15, 1864. Pages 1. Be it enacted by the general assembly, that the pages of the senate and of the house of delegates shall each receive the sum of six dollars per day for their services during the session of the general assembly; to be paid on the certificate of the clerk of the senate and of the clerk of the house of delegates respectively. Porters 2. The porter of the senate and the porter of the house of dele- gates shall each receive for their services, during the session of the general assembly, the sum of six dollars per da}' ; to be paid on the certificate of the clerk of the senate and of the clerk of the house of delegates respectively. SALARIES. 29 3. The clerk of the joint committee on salt shall receive for his cie.rk of joint services as such, at the late extra session, the sum of ten dollars per committee on dav for such number of days as he was actually engaged as such ; to be'paid on the certificate of the clerk of either house of the general assembly. The engineer employed by the joint committee on salt to Engineer examine and report on the condition and capacities of the salt wells, et cetera, shall receive the sum of two hundred dollars ; to be paid on the certificate of either chairman of said committee : provided, that the several sums herein named shall be paid in such currency as is received by the state in payment of her public dues. 4. This act shall take effect from the seventh day of September Commencement eighteen hundred and sixty-three, and continue in force during the present war. Chap. 19. — An ACT amending and re-enacting the 7th section of chapter 165 of the Code of Virginia, as amended by the act passed March 28th, 1861, entitled an act to increase the Pay of the Commonwealth's Attorney for the Circuit Court of Ohio County. Passed February 12,. 1864. 1. Be it enacted by the general assembly, that the seventh section Code amended of the one hundred and sixty-fifth chapter of the Code of Virginia be amended and re-enacted so as to read as follows : " § 7. Such attorney in any county or corporation court shall be Allowance ro allowed by the court such sum as it deems reasonable, for public ser- commonwealth** vices (for which no other fee or reward is allowed by law), which shall be chargeable to such county or corporation ; and in the circuit court, shall be allowed by it, when the attorney has no annual salary, such sum as it deems reasonable, not exceeding in one year three hundred dollars ; except that the attorney for the circuit court of Eich- in Richmond mond city shall hereafter receive annually the sum of three thousand cit y I dollars ; and except that the attorney for the circuit court of the city Lynchburg and of Lynchburg shall hereafter receive annually the sum of fifteen Petersburg hundred dollars ; and except that the attorney for the circuit court of the city of Petersburg shall hereafter receive annually the sum of fifteen hundred dollars. 2. This act shall be in force from its passage, and shall continue in CommencemeEt force until the expiration of six months after the ratification of a treaty of peace between the Confederate States and the United States, unless sooner altered or repealed by the general assembly. Chap. 20. — An ACT authorizing an Increase of the Salaries of the Profes- sors of the University, and providing for the Education of Persons dis- abled by Wounds received in the Public Service. Passed March 4, 1864, 1. Be it enacted by the general assembly, that in lieu of the Appropriation annuity provided for in the fourth section of chapter seventy-nine of the Code of eighteen hundred and sixty, there shall be appropriated annually to the university of Virginia, out of the revenues of the literary fund, the sum of thirty-seven thousand and five hundred dol- lars, in currency receivable at the treasury in payment of public dues. 2. Be it further enacted, that in lieu of the stated salary pre- Salaries of pro- scribed in the tenth section of the eighty-third chapter of the Code of fessors eighteen hundred and sixty, and in addition to the fees of tuition to which he is now entitled by law, each professor of the university shall receive, out of said annual appropriation, a sum not exceeding three thousand dollars. 3. Any citizen of Virginia, who shall have been discharged from Education of the military service of the state or of the Confederate States on babied soldiers 30 SALARIES. Ooiamencemeiit m'i duration account of wounds in battle, and who shall satisfy the authorities of the university that lie is a man of suitable character and capacity (and that he is unable to pay the fees and charges), shall be entitled to the full course of instruction at the university, without charge for tuition, use of laboratories, lecture rooms, public halls or dormitories. 4. The first and second sections of this act shall take effect from the first day of October eighteen hundred and sixty-three, and shall continue in force for two years from that period, unless the present war with the United States terminates before that time; in which event, the provisions of those sections shall continue in force until the end of the sessiou thereafter, and no longer ; and the residue of this act shall be in force from its passage. Chap. 21. — An ACT to amend and re-enact section 15 of chapter 14 of the Code of Virginia (edition of ld60), so as to increase the Salary of the Printer of the Senate. Passed March 4, 1864. Code amended 1. Be it enacted by the general assembly, that the fifteenth section of chapter fourteen of the Code of Virginia (edition of eighteen hun- dred and sixty), be amended and re-enacted so as to read as follows : Salary "§15. The printer of the senate shall receive annually the sum of twenty-four hundred dollars, payable in the currency receivable, at the time the said sala^r is due, in payment of taxes and other public dues." Commencement 2. This act shall take effect on the first day of October eighteen hundred and sixty-three, and continue in force during the present war. Chap. 22. — An ACT to increase the Compensation of the Clerk of the Circuit Court of the City of Kk>hrnond. Passed March 10, 1864. Salary increased 1. Be it enacted by the general assembly, that in lieu of the salary now allowed by law to the clerk of the circuit court of the city of Richmond, he shall receive a salary of seven hundred and fifty dol- lars per annum for the years eighteen hundred and sixty-three and eighteen hundred and sixty-four. Commencement 2. This act shall be in force from its passage. Chap. 23. — An ACT to amend and re-enact section 44 of chapter 49 of the Code, so as to increase the Allowance to Sheriffs and Sergeants for Ser- vices to the Public. Passed February 24, 1864. Code amended 1. Be it enacted by the general assembly, that the forty-fourth section of chapter forty-nine of the Code of Virginia be amended and re-enacted so as to read as follows : Allowance " § 44. There shall be chargeable in every county or corporation such sum as the court thereof may, for services to the public of the county or corporation, allow the sheriff or sergeant attending it, not Exception as to exceeding for one year two hundred dollars ; except that, the corpora- Richmond t ft on CO urt of Richmond city may make such allowance as it may deem proper to its sergeant, for services for which no other compensation is made by law." Commencement 2. This act shall be in force from its passage, and shall continue in force during the present war. FEES. 31 Chap. 24. — An ACT to authorize Clerks of Courts, for certain services, to charge double the sums specified in the act passed March '24, I860, enti- tled an act to amend and re-enact an act entitled an act increasing the Compensation of Clerks of Courts during the existing war. Passed February 15, 1864. 1. Be it enacted by the general assembly, that in addition to thePeesofcien.es fees now authorized by an act passed March twenty-fourth, eighteen of C0ln ; ts U! hundred and sixty-three, entitled an act to amend and re-enact an act increasing the compensation of clerks of courts during the exist- ing war, the said clerks are hereby empowered to charge and receive as much more for each item of service therein mentioned as is therein specified, so that the entire charge shall be double the sums specified in said act for said services, payable in any currency receivable by the state for taxes or other public dues. 2. This act shall be in force from its passage, and continue in Commencement force until the expiration of six months after the ratification of a and dl,ration treaty of peace between the Confederate States and the United States, unless sooner modified or repealed ; whereupon, the laws in force before the passage of this act and that of twenty-fourth March eigh- teen hundred and sixty-three, regulating the fees of clerks of courts, shall be deemed to be in full force. Chap. 25. — An ACT to amend sections 31 and 32 of chapter 184 of the Code, so as to increase the Fees of Clerks of Courts for certain services. Passed February 11, 1864. 1. Be it enacted by the general assembly, that the thirty-first and Code amended thirty-second sections of chapter one hundred and eighty-four of the Code of Virginia be amended and re-enacted so as to read as follows : " § 31. When the court is sitting for the examination of a person Felony case or charged with felony, or for the trial of a negro, ten dollars, to be trial of ne s ro charged but once in the same case, whether the court sit therein more than one day or not. "§ 32. For services rendered the commonwealth in a civil case, Services to pub such fees as would be charged for the like services rendered to an in- lic dividual ; and for other public services, unless he receives an annual Allowance by salary, such sum as the court may allow him, not exceeding one hun- court dred dollars for one year." 2. This act shall be in force from its passage, and until six months Commencement after the ratification of a treaty of peace between the Confederate States and the United States. Ciiap. 28.— An ACT to amend and re-enact the J 3th, 33d, 34th and 36th sections of chapter 184 of the Code of Virginia, so as to increase the Fees and Compensation of Sheriffs and Sergeants. Passed March 10, 1864. 1. Be it enacted by the general assembly, that the thirteenth, Code amended thirty-third, thirty-fourth and thirty-sixth sections of chapter one hundred and eighty-four of the Code of Virginia be amended and re-enacted so as to read as follows : "§13. For serving on any person a declaration in ejectment, or Fees of sheriffs an order, notice, summons or other process, where the body is not taken, and making return thereof, one dollar ; except that the fee for summoning a witness shall only be fifty cents. For serving on any person an attachment or other process under which the body is taken, one dollar and fifty cents. For receiving a person in jail, seventy- five cents ; and the like sum for discharging him therefrom. For For conveying carrying a prisoner to or from jail, for each mile of necessary travel P ri30nert0 - iai5 either in going or returning, twenty cents. For taking any bond, Taking bond 32 FEES. hnpanoeKiig one dollar. Where a, jury is sworn in any court, for summoning and Writ of fie it rmpanneliug such jury, three dollars. Where a jury is summoned upon a writ of elegit or ad quod damnum, or any inquest in vacation, for summoning them, three dollars : and for attending at the place of inquisition their meeting, three dollars; and if the jury attend-there, and an in- quisition he found and returned, five dollars. For serving a writ of Distringas possession, three dollars. For serving a writ of distringas on a judgment or decree for personal property, if the specific thing be Support of taken, three dollars. For keeping and supporting any slave or other prisoners person confined in jail, for each day, one dollar ; and a fair proportion Rate to be pre- of said sum for any time less than twenty-four hours : provided, that scribed by f^e county and corporation courts of the commonwealth may establish county court . ,-, . -,-. ,. L -,.„. , , ,, ,, ,., , J ni their discretion a different rate, not less than fifty cents nor more Per stock than four dollars per diem. For keeping and supporting any horse or live stock distrained or levied on, three dollars per day for each horse, mule or mare; and if the mare have a suckling colt, no more ; one dollar per day for each hog. or head of horned cattle, and fifty powers of courts cents per day for every sheep or goat. The court of any county or corporation may at an}^ time, when the acting justices have been summoned to consider the subject, and a majority thereof is present, fix or alter the rates to be thenceforth paid in such county or corpo- ration for keeping and supporting any person in jail, or any horse or live stock; but the rates, as fixed or altered, shall never exceed those Keeping pro- herein before mentioned. The officer shall be repaid any necessary t,tTl y expense incurred by him in keeping property not before mentioned, How, 88 to com- or in removing any property ; and when, after distraining or levying, missions ] le neither sells nor receives payment, and either takes no forthcoming bond, or takes one which is not forfeited, he shall, if in no default, have (in addition to the one dollar for a bond, if one is taken) a fee of three dollars, unless this be more than the half of what his com- mission would have amounted to if he had received payment; in which case, he shall (whether a bond was taken or not) have a fee of sixty cents at the least, and so much more as is necessary to make the said half. The commission, to be included in a forthcoming bond (when one is taken), shall be five per centum on the first three hun- dred dollars of the money for which the distress or levy is, and two per centum on the residue of said money ; but such commission shall not be received, unless the bond be forfeited, or the amount (including Commission for the commission) be paid to the plaintiff. An officer receiving pay- Brfiing goods ment in money on selling goods, shall have the like commission of five per centum on the first three hundred dollars of the money paid On forthcoming or proceeding from the sale, and two per centum on the residue ; ex- bond cept that when such payment or sale is on an execution on a forth- coming bond, his commission shall be only half what it would be if the execution were not on such bond." Code amended 2. The thirty-third section of chapter one hundred and eighty- four is hereby amended and re-enacted so as to read as follows : Conveying pri- "§33. For an arrest for felony, two dollars and fifty cents ; and sonertojaU f or conveying any person charged with or convicted of felony to iaih or penitentiary r ■ m I n ^ ai -a a- e i -i • or from one jail to another, or to the penitentiary, ior each mile m Expenses to be going and returning, twenty cents. The officer shall also be allowed allowed f or the support of the prisoner during the removal, and for assistance to make the arrest or effect the removal, such charge as may have been necessarily incurred by him, to be shown by his own affidavit; and where he has assistance, by the affidavit also of each person em- ployed by him ; such charge for assistance not to exceed, where it is in making an arrest, two dollars per day for each person employed to assist him, and not to exceed, where it is in conveying a prisoner, twenty cents per mile going and returning, for each guard." Code amended 3. The thirty-fourth section of chapter one hundred and eighty- four is hereby amended and re-enacted so as to read as follows : Venire facias "§ 34. For executing a writ of venire facias, four dollars; for COMMEECIAL AGENCY. 3S ' whipping a free person, by order of a court or justice, one dollar ; Whipping and for executing a sentence of death, ten dollars, in addition to the Sentence of expenses actually incurred by the officer in its execution." death 4. The thirty-sixth section of chapter one hundred and eighty- four Code amended is hereby amended and re-enacted so as to read as follows : " § 36. For attending any circuit court, and for all services for the Attendance ca commonwealth, not otherwise provided for, such sum as the said circmt eomtg court may allow him, not exceeding two hundred dollars for one year." 5. This act shall be in force from its passage, and shall continue Commencement in force during the present war. CHap. 27. — An ACT concerning Jailors' Fees. Passed February 27, 1864. 1. Be it enacted by the general assembly, that in all cases where Jailor's fees, the court of a county or corporation may have, since the second day how £xed b ^ of October eighteen hundred and sixty-three, and prior to the passage of this act, fixed a jailor's fees for keeping and supporting prisoners, nmder the act passed October second, eighteen, hundred and sixty- three, entitled an act to increase jailors' fees for keeping and sup- porting prisoners, the fees- so fixed by the court shall be paid from From what time the time fixed by the court: provided the time is fixed on or subse- tobe P aid quent to the second day of October eighteen hundred and sixty- three ; and if the time has not been fixed by the court, the fees fixed by the court shall be paid for the time of imprisonment of such prisoner : provided such fees shall not be paid for any time of im- Proviso prisonment prior to said second day of October eighteen hundred and sixty-three. Nothing herein contained shall be so construed as -to Act of 1663 «m- repeal, modify or alter said act of October second, eighteen hundred tmued and sixty-three, or abridge the power of the court given by said act. 2. This act shall be in force from its passage. Commencement Chap. 28. — An ACT to provide for the Purchase and Distribution among" the People of the State, of Cotton, Cotton Yarns, Cotton Cloths and Hand Cards. , Passed March P, IS64. 1. Be it enacted by the general assembly, that the governor is state agency hereby authorized and required to establish a state agency in the city of Eichmond, for the purpose of purchasing for and selling to the people of this state, raw cotton, cotton yarns, cotton cloths, cotton and woolen cards ; and to this end, he shall appoint an agent, to be known by the name and style of The Commercial Agent of Virginia ; Commercial who shall, before entering upon the discharge of the duties of his |? en . t office, execute a bond with sufficient sureties, before the governor, to be approved by him, in the penalty of three hundred thousand dol- lars, conditioned for the faithful discharge of his duties under this or any future act. In case such agent shall fail to execute said bond as required, or if from any cause a vacancy may occur, another shall be appointed by the governor, subject to the same terms and conditions. And. whenever sucli agent shall become interested, directly or indi- Agent not tc be rectly, in the purchase and sale of raw cotton, cotton yarns, cotton mtere sted cloths, cotton and woolen cards, or either of such articles, his office shall be declared vacant ; and he may moreover at any time be re- moved by the governor. 2. Such agent, with the approval of the governor, is authorized to storehouse select and rent a suitable building or buildings in the city of Pdch- rnond, for a state storehouse, and to employ one or more clerks and 3 34 COMMERCIAL AGENCY. such laborers a3 may be necessary to aid and assist Lira in tlie dis- cbarge of his duties under this act. Requisition on 3. The governor is hereby authorized ami required to make requi- factoriea sitions upon the president and directors of the several incorporated cotton factories within this commonwealth, and the owners or lessees of such as are not incorporated, to manufacture raw cotton, to be furnished by the state agent, into cotton j'arns, from numbers four to twelve, both numbers inclusive, or cotton cloth, plain and unbleached. The gross amount of such requisitions shall be apportioned amono; the several factories referred to, according to their respective capa- cities to produce such yarns and cloths. The compensation of each of such factories, for the yarns and cloths so manufactured on state account, shall not exceed the price paid for the manufacture of simi- lar goods by the confederate government, deducting therefrom the cost of the raw material furnished by the state. But the proceeds and labor of said factories shall not be required for the use of the state, so as to interfere with or impede the operations of the same for the confederate government. Penalties ' 4. If any such cotton factory shall fail or refase to comply with the requisition of the governor or the provisions of this act, such company shall be deemed giiilty of a misdemeanor, and shall forfeit to the state, for each'offenee, the sum of five thousand dollars ; to be recovered by motion in the circuit court of the city of Richmond* and paid into the public treasury : and it shall be the duty of the governor to inform the auditor of public accounts of every violation of this act, who shall forthwith proceed to enforce the collection of the penalty hereby imposed. Bsties of agent 5. It shall be the duty of such agent, subject to the control of the governor, to purchase, for cash, raw cotton, cotton yarns, cotton cloths, cotton and woolen cards in this or any other of the states of this Confederacy, and have the same deposited in the state storehouse. Goods, how sold The said raw cotton, cotton yarns, cotton cloths, cotton and woolen cards shall be sold by such agent at cost and charges, including in- terest on advances, and all expenses of the agency, to the different Agents or counties, cities and towns, through duly accredited agents, to be county conrt.i appointed by the county and corporation courts respectively: or when sence^enemy sa ^ courts cannot meet because of the presence or proximity of the ■ " public enemy, by the governor, on the recommendation of three or more justices of said county, or of the senator and delegate or dele- s gates representing such county in the general assembly. But no agent of any county or corporation shall be entitled to act as such until he shall have given bond, with sufficient sureties, in a penalty to be fixed by the county and corporation courts, for the faithful dis- Boniisrcquirei charge of his duties. Said bonds shall be taken and approved by said courts, when the appointments are made by them, and by the governor, when the appointment is made by him. Any county agent WTia' counties shall pay cash for all purchases authorized to be made by him. Such may receive counties, cities or towns, through their agents, may demand and re- ceive from the state agent raw cotton, cotton yams, cotton cloths, cotton and woolen cards, in a proportion corresponding to the popu- lation of such county, city or town, including refugees and sojourn- ers who are citizens of this state; and such agents shall sell to refu- gees and to persons temporarily sojourning in their counties, cities and towns, as well as to permanent citizens thereof, for their own Power3of and for family use, and not to speculators or retailers: provided, agents, bow however, that the said courts and the governor shall respectively have power to revoke any appointment of agent made by them, whenever they deem it proper to do so, and shall in like manner appoint another Moneys, bow agent in place of the one so removed. All the money arising from P aidia such sales shall be paid, on the last day of every month, into the pub- lic treasury, by the agent. Appropriation 6. For the purpose of carrying the provisions of this act into effect. EAIL ROADS. 35 the sura of five hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the trea- sury not otherwise appropriated ; to be paid from time to time on the order of the agent, approved by the governor. And the said sum, or when may be part thereof, may in like manner be redrawn from the treasury, if withdrawn the said agent shall in the interim have repaid into the treasury the amount theretofore drawn, or part thereof; but at no time shall such redraft be made for an amount greater than what said agent has paid into the treasury ; so that at no time shall he have in his hands, in Limitation of money and goods, more than three hundred thousand dollars in value, of'affent" 1 hands And all such sums so paid into the treasury by the agent are hereby reappropriated for the purposes of this act. 7. The said agent shall report to the governor, on the first day of Reports of agent January, April, July and October in each year, a full statement of his transactions?, showing accounts of his purchases and his sales, and of the expenses of the agency ; and the governor shall, at the times Commissioner to aforesaid, and oftener, if he deems it proper so to do, appoint a com- e * amine affairs • ■ i i ,i i t i ^ i • j. \tr j. i j. of state agency rmssioner, who shall, after being duly sworn, go into the state store- house and examine the agent's books, vouchers and papers, and take an account of the operations of the agency, and make to the gover- nor, without delay, a full, faithful and true report thereof. He shall also examine the agent's bond, and report whether it conforms to law ; and whether the sureties thereto are good and sufficient. The agent shall also preserve vouchers for all his transactions, for exami- nation by any commissioner which the general assembly or other authority may from time to time appoint for the purpose. 8. The agent shall be allowed an annual salary of five thousand Salary of agent dollars, payable quarter yearly, and actual necessary traveling ex- 0f clerks penses incurred by him or his clerk in making purchases for this agency ; and the clerk or clerks shall be allowed such compensation as the said agent may deem reasonable, not to exceed the sum of twenty-two hundred and fifty dollars each per annum. 9. This act shall be in force from its passage, and shall continue Commencement in force during the present war. Chap. 29. — An ACT to authorize the Board of Public Works to increase the Kates of Toll to be charged by Rail Road and other Companies, and declaring certain Duties and Liabilities of Eail Road, Express and other Companies. Passed March 10, 1864. 1. Be if enacted by the general assembly, that whenever any rail Rates of toll, road, turnpike, toll bridge, canal or navigation company in this state, how increa8ed whose rates of toll are limited by its charter or by any provision of law, shall desire to increase the same, such company shall prepare a Tariff of toils tariff of the tolls proposed to be charged, and shall submit the same to the board of public works, for their revision ; and such company How revised shall, at least once in every three months thereafter, in like manner prepare and submit to said board a tariff of tolls, for like revision. The said board shall have authority to make any change therein, Power of board deemed by them to be proper; and said tariffs, so revised and cor- of P ublIc works rected, shall thereafter be the lawful rate of toll to be charged by said company, and shall continue as such until changed upon like submission and revision : provided, that for express freight on pack- Rate of charge ages not weighing more than two hundred and twenty-five pounds, carried by any rail road company on its own account, the said rail road company may increase the rates of transportation one huidred per centum over the rates for first class freight, and if carried for express companies, not over seventy-five per centum : provided, that Duties of com no such rail road, canal or navigation company shall be entitled to E a ?-y a8 *° fir „ e ' ■ v. ■ -I _ £i ,, • , i ° i 1 J i n . n . , light, water, &c tne privileges of tins act, unless such company snail provide its cars 36 RAIL HOADS. find boats intended for the conveyance of passengers, with an ample supply of fuel, light and water, and shall keep the same clean and neat for the comfort of persons traveling therein : and on complaint to the board of public works, by any such traveler, that any such company has failed to supply such comforts, they shall examine into penalties for the case ; and if the truth of the complaint be established, then the failure rates of toll to be charged by the company so failing shall thereafter As to officers be the rates heretofore provided by law ; but if it shall be found, upon investigation, that the officers of said road, canal or navigation company used due diligence to furnish these articles, and that the default was in consequence of the failure of some of their subordi 1 nate officers, in violation of their orders or rules, that they may be excused, upon discharging from their employment the party so vio- lating their orders and rules; and the officer so discharged shall not ' be reinstated in his place during the present war. Ticket offices ; 2. ft shall also be the duty of the rail road companies to have and baggage their ticket offices opened, and their agents for the sale of tickets in attendance, and at the termini of such road the passenger cars open for the admission of passengers, and baggage cars for the reception of baggage, at least one hour before the advertised hour of departure of such train. Connecting 3. It shall be the duty of rail road companies whose roads connect, roads to run their trains in connection, unless the board of public works, for good and sufficient reasons, to be reported to the general assem- Powers of board bly, shall release them from this obligation ; and if said companies of public works >s hall fail to run in connection, or shall be unable to agree upon a time table for running their several trains, so as to connect as afore- said, the board of public works shall prescribe the regulations for running the several trains, and said companies shall conform thereto : Exigencies of provided, that the exigencies of the military service or wants of the military service confederate government interrupting said schedule at any time, shall exempt any rail road or canal or navigation company from all blame Through tickets or penalties under this act. It shall also be the duty of said compa- and checks nies, when any passenger may desire a through ticket from any ter- minus of any of said roads, or from any station at or near a town or courthouse, or at which a stage regularly runs to any terminus, or to any such station or depot along said connecting roads, to deliver to him, on payment of fare, a ticket and a check for his baggage, spe- cifying on the face of the ticket the points from and to which such passenger is to be conveyed; and said companies shall deliver to any passenger who may get on such trains at any other depot or sta- tion than those before mentioned, a check for his baggage to and from any depot or station on such roads; and said companies shall receive and transport such passenger and baggage to the point of destination, and shall settle between themselves the compensation each is to receive for such service ; and if they cannot agree in re- gard thereto, the board of public works are hereby authorized to fix such compensation, and to revise and fix the tariff of charges for such Less of baggage through service. In the event of any loss of baggage thus trans- ported, the owner thereof may maintain an action for the recovery of damages jointly against all or against either of the rail road compa- nies respectively, whose lines of road are embraced within the route over which such passenger and baggage are to be conveyed, in which action such ticket and check shall be evidence, and obtain a joint or several judgment and execution for the amount of said recovery in the courts of any counties in which either of said companies are now Liability of com- liable to be sued: provided, however, that in order to fix the final liability on the company really delinquent in said loss, either one or more of the companies against whom such recovery may be had, shall, after satisfying the same, have a right of action in like manner over against either of the companies embraced, liable as aforesaid. Fines Any rail road company failing to deliver a check or ticket when re- KAIL ROADS. 37 quested as aforesaid, shall, in addition to the recovery provided in the preceding- section, be liable to a fine of not less than fifty nor more than one thousand dollars ; to be recovered, for the benefit of the commonwealth, by motion, after twenty days' notice, in any of the courts aforesaid. 4. If any company shall be dissatisfied with the rate so prescribed, How, if com- and shall refuse to abide by the decision of said board, the tolls es- pany dissatisfied tablished by their charters and by the provisions of law, shall con- tinue to be the rates to be charged by said company. 5. That it shall not be lawful for any express company to charge As to express a higher rate of compensation for express freight carried over any c ^ m ^ a ^' es ' rate rail road than fifty per centum on the amount the said rail road com- pany is authorized to charge for like freight. 6. All packages of two hundred pounds or less, intended for sol- Packages for diers in camp or hospitals, shall be transported in turn, at one-half soldiers the tariff charges allowed for the transportation of similar packages. 7. Every express company shall, upon the payment or tender of Duties of ex- the lawful rates of toll, transport to, and deliver at their proper des- press com P ame8 tination on the line, or at the terminus of the line of such company, to be indicated by the owner, such articles as shall be delivered or offered at its office, or other receiving place, in proper condition to be transported. The property of all persons shall, as- far as. practi- cable, be transported in the order of time in which it shall be de- livered and offered, and the tolls paid or tendered. 8. If any express company shall, after payment or tender of the Fines for failura lawful tolls, fail to receive or to transport, or to deliver in a reason- able time any property so delivered or offered, or if the said company shall demand and receive more than is lawful, it shall forfeit and pay to the injured party a sum (to be recovered by motion or action) of not less than fifty nor more than five hundred dollars; and a re- covery under this section, shall not prejudice any claim or action against such company independent of this section. 9. The liability of a rail road or express company, as a common Liability as a carrier, shall net be diminished or removed by any notice or by any common carrier contract, unless the same be in writing, signed by the parties. 10. This act shall be in force from its passage, and shall continue Commencement in force during the continuance of the present war, and for one year thereafter, and no longer. Chap. 30. — An ACT authorizing Rail Road Companies and other Corpora- tions to pay their Indebtedness to the Commonwealth in a certain manner. Passed January 25, 1864. 1. Be it enacted by the general assembly of Virginia, that it shall indebtedness be lawful for any rail road or other corporation indebted to this state, may be paid where the debt is not due, to pay said indebtedness into the treasury before maturity thereof. But all such payments shall be made in the How paid, registered or coupon bonds of this state ; which the second auditor is directed and required to receive at par from such corporation. Any bonds so obtained by such sale shall constitute a part of the sinking fund. 2. This act shall be in force from its passage, and shall continue Commencement in force until six months after the ratification of a treaty of peace between the Confederate States and the United States, unless sooner altered er repealed by- the general assembly of Virginia. 38 INTERNAL IMPROVEMENTS. Chap. 31. — An ACT authorizing the increase of the Capital Stock of the Virginia and Tennessee Kail Road Company. Parsed December 17, 1863. Capital in- 1. Be it enacted by the general assembly, that it shall be lawful cieasea f or f ne stockholders of the Virginia and Tennessee rail road com- pany, at any general or special meeting thereof, to increase the capi- tal stock of the company, so that such increase, added to the original capital stock, shall not exceed the amount of seven millions of dol- How increased lars, by issuing to each of its stockholders certificates for additional amounts of stock therein, ratably, not exceeding the amounts of stock at present held by them respectively : provided, that such in- crease of issues of stock shall not exceed in the aggregate the amount of principal actually paid in, either from the earnings of said road, or loans, in addition to the original capital stock, and expended in construction. Commencement 2. This act shall be in force from its passage. Chap. 32. — Au ACT recpiiring Rail Road and Canal Companies to trans- port Troops and Munitions of War, without the right to demand prepay- ment of Fare. Passed February 19, 1864.-' Duty as to 2. Be it enacted by the general assembly, that in time of war, in- transportation vasion or insurrection, it shall be the duty of rail road and canal companies within this commonwealth, and all common carriers en- gaged in the business of transportation upon the rail roads, rivers and canals therein, promptly to receive and transport all troops in the military or naval service of the state, with their baggage, and all arms and munitions of war, when such transportation is demanded by the proper authorities as immediately necessary, without having the right to require the payment of the legal fare therefor in advance. Penalty 2. Any corporation or common carrier violating the provisions of the foregoing section, shall be fined, on conviction thereof, not ex- ceeding ten thousand dollars. As to arms, 3. All arms, munitions or baggage belonging to troops -or persons r-mrnunitioD, &c } n the military or naval service of the state or confederate govern- ment, shall be transported upon any rail road subject to the authority of the state, upon the terms stated in the twenty-fifth section of the sixty-first chapter of the Code (edition of eighteen hundred and sixty), whether the said arms, munitions or baggage shall lie trans- ported upon the same trains and at the same time with the said troops or persons, or at any other time. •Commencement 4. This act shall be in force from its passage. Chap. 33. — An ACT requiring the Board of Public Works to suspend the payment of any subscription on the part of the State to certain Internal Improvement Companies. Passed February 24, 1864. Subscription 1- Be it enacted by the general assembly, that the board of public suspended works be and they are hereby required to suspend, until otherwise provided by law, making or carrying into effect any subscription on the part of the state to internal improvement companies authorized by existing acts, passed before the commencement of the present war in what cases between the Confederate States and the United States, in which com- panies the private stockholders have not, prior to the first day of July eighteen hundred and sixty-one, paid to the respective treasurers of said companies the amount of their respective subscriptions, and caused the same to be certified to the bgard of public works according Praise as to to law; and in no case shall any farther payment, on account of sub- CANALS. TRADING ON BOATS. 39 (jcriptions made by the state to any internal improvement company, manner of pay- be hereafter made, in bonds or certificates of debt of the state, but meBt such payments shall be made in the currency received at the time by the state for taxes. 2. This act shall be in foree from its passage. Commencement Crap. 34. — An ACT to authorize the James River and Kanawha Company and all other Navigation Companies to regulate all Charges by Boats and Boat Owners using the Works and Improvements of the said Companies. Passed March JO, 1864. 1. Be it enacted, that the James river and Kanawha company and Tariff of all other navigation companies in this state be and they are hereby c ^ arg . e i ?' ^ ow authorized to prescribe a* tariff of charges, with the approval of the p ' '' board of public works, for freights and transportation of every kind npon their lines of improvement, and also to prescribe the rates of fare upon the packet boats using said lines and carrying passengers, and to make such regulations for the conduct and management of the •said packet boats and freight boats as they may deem proper. 2. The board of public works shall prescribe and publish such Penalties; hew penalties for the violation of the regulations herein before provided ir -"P 03ed for, as they may deem proper, which shall be a charge upon the delin- quent boat as well as the owner thereof; and they may prohibit such delinquent boat from using any such line of improvement until the penalty incurred by it has been paid. All penalties incurred under How recovered this act shall be recoverable according to the provisions of the first section of chapter forty of the Code (edition of eighteen hundred and sixty). 3. This act shall be in force from its passage, and until the expi- Commencement ration of six months after peace between the United States and the Confederate States shall have been established. Chap. 35. — An ACT more effectually to suppress unlawful Trading on Boats plying the Rivers and Canals of the Commonwealth.. Passed February 11, 1864. 1. Be it enacted hy the general assembly, that if the master or Articles not to other person in charge of any canal boat, batteau or other boat ply- pj soid^-iav? ing on the eanals or rivers of this state, permit any article to be cr free negroes bought from, or sold to, or exchanged on board of his boat or bat- teau, with any free negro not having such certificate as is described in the thirty-seventh section of chapter one hundred and ninety-eight of the Code of Virginia, or with a slave not having the written per- mission of his master, by any person connected with his boat cr batteau, and under- his charge, other than a free white passenger, he shall be fined not less than twenty-five dollars nor more than five hundred dollars; and if a free negro, be also punished with stripes. 2. And if such master or other person in charge of any such boat when master or battean, permit any article bought or received from a free negro IiaWe t0 flne not having such certificate, or from a slave not having such permis- sion, to be brought upon his boat or batteau by any person connected with such boat or batteau, and under his charge, other than a free white passenger, he shall be fined not less than twenty-five dollars nor more than five hundred dollars ; and if a free negro, be also punished with stripes. 3. If such master or other person in charge of any such canal Trading by boat boat, batteau or. other boat, permit any free negro or slave serving bands prohibited as a hand on his boat, or under his charge, to transport on his boat or batteau, any agricultural products, fowls, meats or other commo- dity, from one place to another, for the purpose of selling the same, 40 CARRYING SLAVES ON BOATS. or trading therewith, or of placing 1 them with any other person for sale, he shall be fined not less than twenty-five dollars nor more than five hundred dollars; and the free negro or slave, on whose account any such commodity is transported, shall be punished with stripes. incaaeofseeond , 4. In case of a second conviction of a master or other person aonviciion having charge of such boat, under either of the three preceding sec- tions, the person for whose benefit said boat is run shall be respon- sible for the fine imposed and costs, if not paid by the offender ; and the same may be recovered, in the court in which the conviction was had, by motion, on ten days' notice, to bo instituted by the attorney for the commonwealth in such court. : ii •;• ors, ho-sv 5. It shall be lawful for the court of any county lying on any canal appoiated or navigable stream, to appoint one or more discreet persons as in- spectors of boats, who shall be paid by county levy, and who shall, be clothed with full power and authority, upon exhibiting the order appointing them, to examine and search, within their respective coun- ties, all boats engaged in transportation on any such canal or navi- gable stream, for the detection of stolen property, and to require of the master of any boat a true account of every article found thereon. Penalty for fai- If any master fail to render such true account, when required under 5urc this section, he shall be fined, in the discretion of a jury, not less than one hundred dollars, and in default of payment, be imprisoned not exceeding six months ; and if a free negro, he shall be also pun- ished with stripes. Any person who shall refuse to admit upon his Dokt, or shall obstruct or resist any inspector duly exhibiting his authority, in the discharge of his duty, shall be deemed guilty of a inspector, how misdemeanor. The court may at any time, after summons to show remove cause against it, remove any such inspector, and may appoint ano- ther in his stead. 'JosnmGucement 6. This act shall be in force from its passage. Chap. DG. — An ACT fco prevent the unlawful carrying of Slaves on Boats. Passed February 13, 1864. Penalty for 2. Be it enacted by the general assembly, that if the master or transporting* an y other person having charge of a canal boat, batteau or other boat plying on the canals or rivers of the state, shall carry any slave upon the same from one place to another within the state, without the consent of his owner, or of the guardian or committee of the owner, and without using due efforts to arrest such slave and lodge him in lawful custody, he shall, if a free person, be prosecuted therefor in the county in which the offence has been committed, and shall be fined not less than twenty-five dollars nor more than five hundred dollars; aud shall moreover, in case the slave is not re- gained, forfeit and pay to the owner, guardian or committee of such owner, the value of said slave, and the reasonable expenses incurred Owner of boat, by him in attempting to regain said slave; and incase the slave is how responsible re g a i ne d, then he shall forfeit and pay to the owner, guardian or committee of such owner, twice the amount of such reasonable ex- penses incurred by him in regaining said slave; to be ascertained by the jury sitting on the trial of the case. Penalty on slave 2. If a slave violate the preceding section, he shall be punished. with stripes, at the discretion of a justice. ;v./ifficricement 3. This act shall he iii force from its passage. TURNPIKES. — LIMITATIONS. 41 Chap. 37. — An ACT to amend the 1st section of an act passed April 12th, 1852, entitled an act to authorize the construction of the Wytheville and Grayson Turnpike, and to make Branches thereof to the Lead Mines of Wythe County, and Hillsville, in Grayson County. Passed March 7, 1864. 1. Be it enacted by the general assembly of Virginia, that the Act amended first section of the act passed April twelfth, eighteen hundred and fifty-two, entitled an act to authorize the construction of the Wythe- ville and G-rayson turnpike, and to make branches thereof to the lead mines in Wythe county, and to" Hillsville, in Carroll county, be and the same is hereby so amended and re-enacted as to read as follows : " § 1. That it shall be lawful for Andrew Fulton, Ephraim McGa- Corporator; vock, Robert Kent, Gustavus Crockett, Thomas J. Boyd, Alfred C. Moore, Alexander Pierce, George Kincannon, Guy F. S. Trigg, James Kincannon, Francis E. Kincannon, William Chaswell, Robert Holliday, Sarrfuel McCamant, James Anderson, junior, Francis A. Crockett, William Dickenson, James Waugh, Ezra Nuckolls, Field- ing L. Hale, John B. Mitchell, Robert Johnson, William. Lindsey, William H. Cook, Madison Carter, Charles J. Davison and William C Thornton, and such other persons as any three of the above named persons shall appoint, each to open books at such times and places as each of them may think proper, for the purpose of re- ceiving subscriptions to a joint capital stock not exceeding in the whole the sum of thirty-three thousand dollars, to be divided into shares of twenty-five dollars each, for the construction of a turnpike road from a point at or near Wytheville, in Wythe county, by the Grayson sulphur springs and the old courthouse of Grayson county, to the North Carolina line, at or near Fisher's gap, in Grayson county." 2. And be it further enacted, that the board of public works be Board of public directed to subscribe for three-fifths of thirteen thousand dollars of ^^f t0 sub the capital stock hereby authorized, that being the actual increase of the capital stock made by this act. The amount so subscribed by the, said board shall be paid by the treasurer, upon the order of the board of public works, out of any money in the treasury not other- wise appropriated; but payments shall be made by said board only ratably with payments by others than the commonwealth, who shail subscribe for the remaining two-fifths of said increased capital stock. 3. This act shall be in force from its passage. Commencement Chap. 38. — An ACT to amend and re-enact an act entitled an act to extend the Time for the exercise of certain Eights and Remedies, passed March 14th, 1862. Passed February 23, 1864. 1. Be it enacted by the general assembly, that the act passed on Act amended the fourteenth day of March eighteen hundred and sixty-two, entitled an act to extend the time for the exercise of certain civil rights and remedies, be amended and re-enacted so as to read as follows : "Be it enacted by the general assembly, that the period between Limitation the seventeenth day of April, Anno Domini eighteen hundred and sixty-one, and four months after the ratification of a treaty of peace between the Confederate States of America and the United States of America, shall be excluded from the computation of the time within which, by the terms or operation of any statute or rule of law, it may be necessary to do any act or to commence any action or other proceeding to preserve or to prevent the loss of any civil right or remedy, or on account of the lapse of which any franchise or other right might otherwise be forfeited." 2. This act shall be in force from its passage. Commencement 42 \ WILLS. — FIDUCIARIES. Chap. 89. — An ACT to authorize the admission of Wills to record, upon proof of the Handwriting of the Attesting Witnesses in certain cases. Passed January 13, 1864. p.-oof of hand- 1. Be it enacted by the general assembly, that whenever the writing allowed attesting witnesses (or any of them) to a will may be within the lines or power of the enemy, so that the attendance of the requisite num- ber of such witnesses cannot be enforced by summons, it shall be lawful for the court having jurisdiction thereof to admit such will to probate, upon proof of the handwriting of two of the attesting wit- nesses thereto whose attendance cannot be enforced, or of one of them, together with the evidence of the attesting witnesses whose attendance can be obtained. 2. Be it further enacted, that in all cases of wills admitted to re- cord under the preceding section of this act, there shall be reserved to the parties all rights which they would have under the thirty- fourth, thirty-fifth and thirty-sixth sections of chapter one hundred and twenty-two of the Code of Virginia, if the will had been admit- ted to record under the provisions of that chapter. Commencement 3. This act shall be in force from its passage. Reservation of rights xled in counties in power of enemy Chap. 40. — An ACT authorizing, in certain cases, the settlement of Fidu- ciaries' Accounts before Commissioners in Chancery of Courts other than those in which such Fiduciaries have been appointed, or in which the In- struments creating their authority have been recorded. Passed February 25, 1864. Fiduciaries - ac- 1. Be it enacted by the general assembly, that whenever any counts, how set- C0U nty or corporation in this state shall be in possession of the enemy, it.lPQ . •*_- 1 A 1 1 " 1 • • "I- Till or shall be so threatened with invasion as to render it probable that the jurisdiction of the courts canaot be safely and regularly exercised therein, it shall be lawful for a commissioner of the court of any county not in possession of the public enemy, or threatened with in- vasion, most convenient to that where the order was made or the in- strument recorded conferring authority on any one as fiduciary, as specified in the one hundred and thirty-second chapter of the Code of Virginia (edition of eighteen hundred and sixty), or of any county wherein a majority in interest of the parties interested are for the time resident, to exercise the like authority and power in stating, set- tling and adjusting the accounts of such fiduciary, as if said fiduciary accounts had been laid before a commissioner of the court of the county wherein the order was made conferring on the fiduciary his authority : provided, that said commissioner shall, instead of posting a notice of the time and place of said settlement, as required by said chapter of the Code, cause a notice of the same to be published at least four weeks in some newspaper published in or nearest to the county, city or town in which the appointment of such fiduciary was made, or in the event of the removal of the parties in interest there- from, in or nearest to which the majority of them may reside, and in the city of Richmond. 2. The courts of the counties where settlements are made under this act, and those in which the same are required thereby to be sub- sequently recorded, shall exercise the same power and jurisdiction over the same, and the reports of the commissioners and the said settlements and reports shall have the same force and effect, and shall be subject to the same liability to,be surcharged or falsified, as set forth and provided in regard to the settlements of fiduciaries in said one hundred and thirty-second chapter of the Code of eigh- teen hundred and sixty : provided, however, that in no case shall said court make any order directing the payment or distribution of any fund ascertained to be in the hands of such fiduciary. What in cases of 3. Be it further enacted, that in cases where, by reason of the Publication Jurisdiction of courts NOTICES. — GAMING. 43 presence or fear of the enemy, under acts of the general assembly, instruments re- fiduciaries have qualified, aud instruments creating trusts have been corded recorded, or may hereafter qualify, and instruments be hereafter re- corded in other counties than those that would have taken jurisdiction but for such presence or fear of the enemy, it shall be lawful for such How accounts fiduciary to have his accounts settled, when practicable, before a may be 8ettled commissioner of the county where the order would have been made or the instrument recorded but for the presence or fear of said enemy ; which settlement shall be made and reported by said court to the court wherein such order was made, or such instrument recorded; and the same subsequent proceedings shall be had touching the same as if made by a commissioner of said court. 4. Within six months after jurisdiction has been resumed and con- Where to be re - tinued over the counties referred to in the first section hereof, the ^rdta ani re fiduciary whose accounts have been settled and recorded under this act, shall cause a copy of the same to be returned to, and recorded in the county where the same should have been settled but for the presence or fear of the enemy ; and if he fail to do so, he shall de- Penalty rive no benefit whatever from the settlement made pursuant to this act. 5. If any such fiduciary shall fail to cause a copy of any settle- Duty of clerk in ment made under this act to be returned and recorded as provided in by S ficiudary re the fourth section, it shall be the duty of the clerk of the court in which the same is recorded to do so at the cost of such fiduciary. 6. This act shall take effect from its passage, and shall continue Commencement in force until the ratification of a treaty of peace between the Con- federate States and the United States, and no longer. Chap. 41. — An ACT prescribing the mode of serving Notices in certain cases. Passed February 12, 18G4. 1. Be it enacted by the general assembly, that a notice of any Motion, how motion which may be made under the act entitled an act authorizing made the recovery of money stolen from the Exchange Bank of Virginia at Weston, passed March fourteenth, eighteen hundred and sixty- two, maj* be served by the publication thereof, once a week for four successive weeks, in a newspaper printed in the city of Richmond. 2. This act shall be in force from its passage. Commencement Chap. 42. — An ACT to amend the 1st and 2d sections of an act to suppress Gaming, passed October 16th, 1863. Passed March 10, 1864. 1. Be it enacted by the general assembly, that the first and second Act of 1863 sections of chapter one hundred and ninety-eight of the Code of ameDded Virginia (edition of eighteen hundred and sixty), as amended by an act to suppress gaming, passed October sixteenth, eighteen hundred and sixty-three, be further amended and re-enacted so as to read as follows : " § 1. A free person who shall keep or exhibit a gaming table, Penalty for ex- eominonly called A B C, or E table, or faro bank, or table of like Siting faro, &c kind, under any denomination, whether the game or table be played with cards, or any evasive substitute for cards, dice, or otherwise, or who shall be a partner, or concerned in interest, or employed or en- gaged in any manner in the keeping or exhibiting such table or bank, or who shall permit the keeping or exhibition of such table or bank in any room or apartment of his house or premises, shall, upon con- infamous offence viction thereof, be deemed to be guilty of an infamous offence, in the meaning of the constitution of this statej and shall be confined in jail not less than two nor more than twelve months, and be fined not less 44 POSSE COMITATUS. lay be whipped Forfeiture of property- Seizure, how made Proceeds, how distributed Common- wealth's attor- ney Penalty for rent- ing property or hiring slave Forfeiture Safe-keeping of property Bond for release of slave Witnesses, how attached Commencement than one hundred dollars nor more than one thousand dollars, and may, at the discretion of the court, be subjected to stripes on his bare back, not exceeding thirty-nine ; and all the. right, title and interest, legal or equitable, of such person in any real property, including the lot and premises thereto attached, in or upon which such gaming may be carried on, shall be absolutely forfeited to and vest in the common- wealth. Any such table or faro bank, and all money found thereon, or other property staked or exhibited to allure persons to bet at such table, and all household and other personal property, including slaves, used or employed in such gaming house, may, as to whatever title or interest the keeper or exhibitor of such gaming table shall have therein, be seized by order of a court, or under warrant of a justice, mayor of a city or town, or judge in vacation ; and the property so seized, including said money, whether belonging to the said keeper or any better, shall be forfeited; and after deducting one-half the value or proceeds thereof for the person or persons making the seizure, and the costs and other expenses attending the safe-keeping and disposal thereof, shall be appropriated as provided in the twenty-fourth section of chapter fifty-one of the Code (edition of eighteen hundred and sixty), in respect to the forfeiture declared by said chapter : provided, that twenty per centum of the entire value of the property forfeited shall, in each case of conviction, be pay- able to the commonwealth's attorney, who prosecuted the case : and provided further, that the implements used or intended for such un- lawful game shall be burnt. " § 2. Be it further enacted, that any person who shall knowingly rent to any person any real property for such unlawful gaming, with intention to allow the use of the same for the purpose aforesaid; or any person who shall knowingly hire any slave to any such person, with intention to allow such slave to be employed in any service con- nected with such gaming, shall be fined not less than one hundred dollars nor more than one thousand dollars; and upon conviction, all their right, title and interest, legal or equitable, in any such real estate, and their right, to such slave, shall be absolutely forfeited to and vest in the commonwealth. And the court in which any pro- ceedings shall be commenced, or conviction had, either under this or the next preceding section, may make all proper orders for the safe- keeping and forthcoming of the property liable to forfeiture as afore- said, and for the proper disposal thereof: provided, however, that as to any slave so seized under the provisions of this act, the owner or claimant thereof may have such slave released from custody, by executing, at any stage of the proceedings, bond with good security, in a penalty equal at least to the full value of the said slave or slaves, conditioned to have the same forthcoming to abide the orders of the court ; and upon forfeiture of the condition of any such bond, judg- ment may be recovered thereon, upon ten clays' notice to the obligors, in like manner as upon a forthcoming bond." 2. Any mayor or justice, or other officer authorized to issue a war- rant for a search or arrest under this act, or the act passed on the sixteenth day of October eighteen hundred and sixty-three, entitled an act to suppress gaining, shall have power to issue at any time an attachment to compel the attendance of witnesses, without previous summons or other process. 3. This act shall be in force from its passage. Chap. 43. — An ACT to authorize Sheriffs to' summon the Posse Comitatus to aid in enforcing Impressments in certain cases. Passed March 8, 1864. When property !• Be it enacted by the general assembly, that should any person impressed whose property has been or may hereafter be impressed under the COURT OF APPEALS. — CIRCUIT COURTS. 45 provisions of an act entitled an act for the relief of the indigent sol- diers and sailors of the state of Virginia, -who have been or may be disabled in the military service, and the widows and minor children of soldiers and sailors who have died or may hereafter die in said service, and of the indigent families of those now in the service, passed October thirty-first, eighteen hundred and sixty-three, refuse to deliver the same to the impressing agent, it shall be the duty of the sheriff of the county, whenever notified of the fact by the said agent, on oath, to seize the property so impressed, and deliver it to the said agent ; and he is authorized, if necessary for that purpose, Posse comitatus to summon the posse comitatus. „ Costs 2. Be it further enacted, that all the costs attending the seizure of Commencement property as herein provided, shall be paid by the party refusing to deliver it. 3. This act shall be in force from its passage. Chap. 44. — An ACT to amend and re-enact an act authorizing the Court of Appeals to hold its Sessions at other places than at Lewisburg, passed March ]2th, 1863. Passed March 5, 1864. 1. Be it enacted by the general assembly, that the act entitled an Act amended act to authorize the court of appeals to hold its sessions at other places than Lewisburg, passed twelfth March eighteen hundred and sixty-three, be amended and re-enacted so as to read as follows : " § 1. That the annual sessions of the supreme court of appeals, Court, where provided by law to be held at Lewisburg, in the county of Green- ,ield brier, shall be held at the town of Christiansburg, in Montgomery county, or at such other place as the said court, or a majority of the judges thereof in vacation, may from time to time direct and appoint; of which change due notice shall be given by publication thereof in one or more, newspapers printed in the city of Richmond ; and all laws now in force applicable to the said court when its sessions are held at Lewisburg, shall apply in like manner to said court and its sessions when held at any other place, under the ^provisions of this act. " § 2. The said court, or a majority of the judges thereof in vaca- Library may be tion, may order the removal of the library and records of said court removed at Lewisburg to such place as the said court may, under the pro- visions of this act, appoint for its sessions ; and a sum not exceeding Appropriation one thousand dollars is hereby appropriated for the purposes of such removal and for the procurement of a suitable house to keep said library and books in, to be paid, upon the order of said court, out of any moneys in the treasury not otherwise appropriated." 2. This act shall be in force from its passage. . Commencement Chap. 45. — An ACT extending the jurisdiction of the Circuit Court of the Town of Danville. Passed January 30, 1864. 1. Be it enacted by the general assembly, that the act passed Act amended March first, eighteen hundred and sixty-one, entitled an act changing the time of holding the circuit court in the town of Danville, be amended and re-enacted so as to read as follows : "Be it enacted by the general assembly, that there shall be held Court establish- in the town of Danville, twice in each year, a circuit court for said * a - town, the jurisdiction whereof shall extend to all cases arising within LSpower3 the corporate limits of said town, over which the circuit court of the county of Pittsylvania now has jurisdiction, and also to all cases arising within one mile of the corporate limits of said town, whereof 46 COUNTY COURTS. Criminal juris- the circuit court of said county now has jurisdiction. And any diction person or persons charged with having committed any crime or crimes within one mile of the corporate limits of said town of Dan- ville, and who may have heen sent on to the jail of the county of Pittsylvania by the hustings court of Danville, to be tried in the circuit court of Pittsylvania, shall be remanded by the county court of the county of Pittsylvania, to be tried in the circuit court of Dan- Terms of court ville ; and the said court shall be held on the twenty-fifth day of March and on the twenty-fifth day of August, by the judge of the fourth judicial circuit." Commencement 2. This act shall be in force from its passage. How place of holding court; changed Provision ior poor Commencement Chap. 46. — An ACT to authorize the County Courts to change the places of holding their Sessions, and to enlarge their Powers in certain cases. Passed March 1, 1804. 1. Be it enacted by the general assembly, that during the existing war it shall be lawful for the county court of any county, either where partially occupied by the public enemy, or where the regular sittings of the courts of such counties, at the respective courthouses thereof, shall be prevented by apprehended danger from the enemy, or from any other cause growing out of the war, to hold their sessions at such other place or places in such counties as may be agreed on and de- signated by the court, or by such number of justices as are required by law to constitute a court: provided, that in the latter case the justices so ordering a change of the place of holding the courts, shall certify their action in writing to the clerks of such courts, at least ten days before the time of holding the first term at such changed place of holding the same: and provided further, that no motion, action at law or suit in chancery shall be tried at said court when the place of meeting has been changed, unless by consent of parties. 2. In any of the counties so situated, as mentioned in the first section, it shall be lawful for the county courts, during the present war, to provide for the poor of such counties, by loans to be made in the same manner in all respects as provided in the act of the general assembly entitled an act to authorize the county courts and any incorporated city or town to arm the militia of their respective counties, cities and towns, and to provide means therefor, passed January nineteenth, eighteen hundred and sixty-one. 3. This act shall be in force from its passage. Chap. 47. — An ACT authorizing County and Corporation Courts to ratify and confirm the issue and sale of Bonds and other Securities in certain cases. Passed March 10, 1864. 1. Be it enacted by the general assembly, that it shall be lawful for the court of any county or corporation, all the acting justices thereof having been summoned for the purpose of considering the subject, and a majority of them beiyg present, to enter upon the re- cords of the court an order ratifying and confirming the issue and e ancTsaie of sa * e °f ar, 7 bonds or other securities issued or sold before the date of bonds such order, by the court of such county or corporation, or under its Tjuder what acts order, and for the purpose of carrying into effect the provisions of of assembly the act passed October thirty-first, eighteen hundred and sixty-three, entitled an act for the relief of the indigent soldiers and sailors of the state of Virginia, who may have been or may be disabled in the military service, and the widows and minor children of soldiers and sailors who have died or may hereafter die in said service, and of the indigent families of those now in service ; or of the act passed Janu- Justices to be summoned Order to be en- tered ratifying and coufinniu ORDINARIES. — MILITARY INSTITUTE. 47 ary nineteenth, eighteen hundred and sixty-one, entitled an act to authorize the county courts and any incorporated city or town to arm the militia of their respective counties, cities and towns, and to pro- vide means therefor; or of the ordinance of the convention, passed June eighteenth, eighteen hundred and sixty-one, entitled an ordi- nance to make provisions for the maintenance of families of soldiers in the actual service of the state or the Confederate States, and for other purposes ; or of the act passed March tenth, eighteen hundred and sixty-two, entitled an act for the relief of the indigent soldiers who have heen or may be disabled in the military service of the state, and the widows or minor children of soldiers who have died or may hereafter die in the service. And such ratification and confir- Ratification to mation shall be held to relate back to the time of the issue and sale relate back of such bonds or other securities, and the proceedings upon which such issue and sale was made, and to cure all irregularities in such issue, sale and proceedings, and to make such bonds or other securi-' ties in all respects a lawful and binding charge upon such county or corporation, as .if the issue and sale thereof, and the proceedings upon which such issue and sale was made, had been in strict conformity with law. 2. This act shall be in force from its passage. Commencement Chap. 48. — An ACT to prohibit the granting of Ordinary License at certain specified places in the Commonwealth. Passed March 10, 186-1. 1. Be it enacted by the general assembly, that it shall not be License not to lawful for any court of this commonwealth to grant a license to keep be s rante,i an ordinary to any person within a city or town, or within five miles of the limits thereof, or at any depot, station or other point on any rail road. 2. Any person who shall, without having first obtained an ordi- Forfeiture nary license, sell, by retail, wine, ardent spirits, or a mixture thereof, ale, porter or beer, or such like drinks, to be drank in or at the place of sale, he shall, in addition to the penalty now prescribed by law, forfeit the tenement where the sale is made, if he is the owner thereof, or such interest as he may have therein, if he is the lessee, and shall moreover forfeit the stock of liquors on hand, and all the personal property used in such business : and the court before which Confiscation and a conviction shall be had shall take such steps as it may deem proper 8aIe for the confiscation and sale of the property forfeited by this act. 3. This act shall be in force from its passage. Commencement Chap. 49. — An ACT providing an additional Appropriation to the Virginia Military Institute. . . Passed January 22, 18G4. 1. Be it enacted by the general assembly, that for the purpose of Amount appro supplying the estimated deficiency in the fund for the support of the plated state cadets in the Virginia military institute, the additional sum of twenty thousand dollars is hereby appropriated for the fiscal year ending on the thirtieth day of June eighteen hundred and sixty-four ; and the auditor of public accounts is hereby authorized and required to issue his warrant or warrants on the treasury for the same, in the manner that other warrants to the said institute have been heretofore issued : provided, however, that the auditor of public accounts shall Duty of auditor not issue his warrant for the money hereby appropriated, until satis- factory evidence is furnished his office that the number of state cadets authorized by law have been appointed (within the ages and manner prescribed by law) ; if the whole number so appointed at the last 48 ARMORY. — INDIGENT SOLDIERS. — BANKS. ~orr.rcenceJnent annual meeting of the board of visitors shall not have elected to enter the school, the auditor of public accounts may issue his warrant for a pro rata proportion of the sum hereby appropriated, to defray the expense of new state cadets so appointed and in actual atten- dance. 2. This act shall be in force from its passage. Lease autho- rized Ccroreeccetaent Chap. 50. — An ACT to authorize the Governor to lease a portion of Land adjoining the Armory. Passed March 8, 1864. 1. Be it enacted by tlip general assembly, that the governor of this commonwealth be and he is hereby authorized to lease, for the benefit of the commonwealth, to R. Archer, R. S. Archer and A. D. Townes, for an additional term of ten years from and after the expi- ration of the present lease to R. Archer and Company, so much of the land adjoining the armory, extending from the canal to the river, as the said R. Archer and Company are now in possession of, or en- titled to occupy under their present lease, on such terms and condi- tions as may be agreed upon by the governor and the said lessees. 2. This act shall be in force from its passage. Act amended Chap. 51. — An ACT to amend the 3d section of an act for the relief of Indigent Soldiers and Sailors, &c, passed October 3Jst, 1863. Passed February 24, 1864. 1. Be it enacted by the general assembly, that the third section of an act for the relief of the indigent soldiers and sailors of the state of Virginia, who have been or may be disabled in the military service, and the widows and minor children of soldiers and sailors Avho have died or may hereafter die in said service, and of the indi- gent families of those now in the service, passed October thirty-first, eighteen hundred and sixty-three, be amended and re-enacted so as to read as follows : "§ 3. Whenever any county or corporation court shall lie satisfied that any such soldiers and sailors were, at the date of their enlist- ment, residents of any county or corporation of the commonwealth, and whose families may have been or may hereafter be driven from their homes by fear of the public enemy, and are residing in such county or corporation, it shall be the duty of such court to enroll such soldiers and sailors and their families, according to the provisions of the first section of this act. and to make the same provision for their support as for those soldiers and sailors and their families de- scribed in said section. The said county or corporation court shall state and certify their accounts for the support of such refugee sol- diers and sailors and their families, and forward the same to the Accounts, bow auditor of public accounts; and it shall be the duty of said auditor raki to pay said accounts by warrants upon the treasurer of the common- wealth." mmi ncement 2. This act shall be in force from its nassage. Sojourners and - fugee soldiers it Chap. 52. — An ACT authorizing BarAs or Branch Banks in certain cases to receive payment of Debts payable at Branch or Mother Banks within' the enemy's lines. Passed March 3, 1864. When debts due 1. Be it enacted by the general assembly, that it shall be lawful to banks may for anj- person, body politic or corporate, who may be indebted to any of the branch banks of this state, and uhable, because of the FENCE LAW. SHEEP AND WOOL. 49 presence of the public enemy, to discharge said indebtedness at tin- office of said branch bank, to deposit in the mother bank thereof, if within the lines of the confederate armies, the a mount represented to be due said branch bank; and the said mother bank is hereby authorized to receive, at its discretion, said amount, and give a re- ceipt to the party paying the same; and such payment shall be held as a discharge, to the extent thereof, of said indebtedness: provided, Provi** that such payment shall operate as a discharge in no case in which such debt has been bona fide transferred for value to any loyal citizen of any one of the Confederate States, at any time prior to the date of such payment: and provided further, that the provisions of this act shall be applicable in case of any mother bank within the enemy's lines; in which case, such payment may be made to any branch thereof within our lines, in like manner and with like effect and limitations as are above provided. 2. This act shall be in force from its passage, and continue, in Comrnwienmeui force during the existing - war. Chap. 53. — An ACT to amend and re-enact the 2d section of an act, passed October 9th, 1863, entitled an act to amend the act passed February J 3th, 1863, entitled an act amending and re-enacting the 1st and 2d sections of an act entitled an act to repeal the Fence Law of Virginia as to certain Counties, and to authorize the County Courts to dispense with Enclosure;. in other Counties, passed October 3d, 1362, and to legalize the action of County- Courts held under said law. Passed March 3, 1864. 1. Be it enacted by the general assembly, that the second section Act umended of an act passed October ninth, eighteen hundred and sixty-three, entitled an act to amend the act passed February thirteenth, eighteen hundred and sixty-three, entitled an act amending and re-enacting the first and second sections of an act entitled an act to repeal the fence law of Virginia as to certain counties, and to authorize the county courts to dispense with enclosures in other counties, passed October third, eighteen hundred and sixty-two, and to legalize the action of county courts held under said law, be amended and re- enacted so as to read as follows : " § 2. Be it further enacted, that the county courts of the counties Counties in- of Augusta, Frederick, Clarke, Warren, Culpeper, Rappahannock, cI " ,I( * ,i Norfolk, Princess Anne, Mercer, Shenandoah, Page, Prince William, Spotsylvania, Hampshire, Berkeley, Caroline, Buckingham, Rich- mond, Westmoreland, Loudoun, Jefferson, Orange, Essex, King & Queen, Goochland, Giles, Bland, Fairfax, Greenbrier, New Kent, Charles City,. James City, Prince George, Nansemond, Highland. Hardy, King William and Madison shall have power, all the justices having been summoned, and a majority thereof being present, to dis- pense with the existing laws in regard to enclosures, so far as their respective counties may be concerned, or such part thereof, to be de- scribed by metes and bounds, as in their discretion they may deem it expedient to exempt from the operation of such law." 2. This act shall be in force from its passage. Commencement Chap. 54. — An ACT for the protection of Sheep, and to increase the growth of Wool. Passed February 10, 1864. Whereas an increase of the growth of wool in this commonwealth Preamble is at all times important, but- more especially so in the struggle the Southern Confederacy is maintaining for her independence : There- fore, 4 r >0 DIVIDENDS. Sheep not to be 1. Be it enacted by the general assembly, that from and after the * 0,d *° De passage of this act it shall not be lawful for any person whatever to buy or sell, within the limits of Virginia, any sheep for the purpose of being butchered, or to slaughter the same at home with a view of sending the meat to market, during the continuance of the present war, under a penalty, for every sheep so slaughtered, of fifty dollars. But this section shall not apply to the purchase or sale of mutton or lamb, upon the certificate of a physician or surgeon that it is needed, and in good faith intended for any sick or wounded person under hie care. Duty of justices 2. It shall be the duty of all magistrates, sheriffs and constables to see that this law is executed; and upon information given or com- plaint made by any person of a violation thereof, to a justice of the peace, he shall issue his warrant against the party charged; and if satisfied of the guilt of the party so charged, shall cause the collec- tion and payment of the above penalty, by execution as in cases of judgments on warrants. Proceedings in 3. Upon complaint before a justice, by any inhabitant of a county, -HSR of com- that sheep owned by him have been destroyed or injured by dogs within his county, the justice shall, by warrant under his hand, ap- point not less than two nor more thau three discreet freeholders of the county, residing near the place where the injury is alleged to be committed, whose duty it shall be to proceed forthwith, upon actual view, and such other information as may be accessible, to ascertain the truth of the complaint, and the value of the injury, if any, which has been sustained, and make return thereof, in writing, under their Remedy against hands, together with the warrant of the justice, to him; and upon r ""' T " ?r proper information so obtained, he shall issue his warrant against the owner whose clog or dogs may have done the injury, and shall assess him with the amount of damage, and cause execution to be issued against him ; and upon collection thereof, with the costs incurred, shall pay to the party sustaining the loss : and where the dog belongs to a slave, the master shall in all cases be responsible for the loss sustained, together with the costs ; but either party shall have the right to appeal from the decision of such justice, according to the provision of section seven of chapter one hundred and fifty of the Code. Proviso 4. Provided, that the execution authorized to be issued under the third section of this act shall be directed to the sheriff of the county, and levied and returned by him according to law, should the amount of damages assessed exceed fifty dollars. Commencement 5. This act shall be in force from its passage. Chap. 55. — An ACT authorizing the collection of Dividends due by the Raleigh and Gaston Rail Road Compauy to the City of Norfolk." Passed February 10, 1864. Agent appointed 1. Be it enacted by the general assembly, that Thomas J. Cor- prew, sergeant of the city of Norfolk, be and he is hereby authorized and empowered to collect and receive from the Ealeigh and Gaston rail road company all uncollected dividends now due, or which may hereafter become due, during the existing war, by the said rail road company to the said city of Norfolk, upon the stock owned by the said chVv in the said company. Duties of agent 2. Upon the collection and receipt of the said dividends the said tftfvMenoVto Thomas J. Corprew is directed to appropriate one-third part of the im distributed amount so received by him to the relief and support of the indigent families of persons from said city now in the military or naval ser- vice or employment of the Confederate States, who are outside of the lines of the enemy and accessible to him, and who may be per- sonally known to him, or satisfactorily shown to be in need of such CHANGES IN CODE. &1 aid; the distribution among said families to be in money, and in pro- portion to the number of persons in each. 3. The other two-thirds of the said dividends the said Corprew is How remaining directed to expend in the purchase of articles of clothing, shoes. J^','!^™ be blankets and other necessaries for the soldiers and sailors from the said city in the service of the Confederate States ; to be supplied to them by him, upon the requisition of the commanding officer of their respective companies, preferring, however, when all cannot be sup- plied, those who, from the character of service in which they are engaged, and other causes, are most exposed, and most in need of relief. 4. The said Thomas J. Corprew is required to make a report to Report to he the auditor of public accounts, semi-annually, of his receipts and dis- " m '"' bursements under this act, with his vouchers for the same. 5. The commonwealth of Virginia hereby guarantees the said Ra- Guarantee of leigh and Gaston rail road company against any future claim of the tht ' common- city of Norfolk for all dividends that may be paid by said company under the authority and provisions of this act. 6. Before receiving any money authorized to be received by this Bond to be given act, the said Corprew shall file in the office of the auditor of public accounts a bond in the penalty of thirty-five thousand dollars, with sufficient security, to be approved by the auditor of public accounts, payable to the commonwealth of Virginia, conditioned for the faith- ful performance of the duties of the office hereby created. 7. This act shall be in force from its passage. Commencement ,Chap. 56. — An ACT to amend and re-enact the 2d section of chapter 7 of the Code of Virginia, relating to the election of Judges. Passed March 9, 1864. 1. Be it enacted by the general-assembly, that the second section Code amended of chapter seven of the Code of Virginia (edition of eighteen hun- dred and sixty) be amended and re-enacted so as to read as follows : " § 2. Every election of judge, other than such election as is pro- Election of vided for in the twentieth section of chapter seven of the Code of J ud s PB Virginia (edition of eighteen hundred and sixty), shall be held, if it be for a circuit, at the end of eight years, and if it be for a section, at the end of twelve years next succeeding the preceding election in such circuit or section, and on the same day of the month on which the said preceding election was held, unless that daj^ would come within the thirty days mentioned in the sixteenth section of the sixth article of the constitution ; in which case, the election shall be held on the first day afterwards that may be consistent with the said six- teenth section : provided, however, that no election for a judge shall Proviso be held under this section during the existing war between the Con- federate States and the United States, unless otherwise provided by law." 2. This act shall be in force from its passage. Commencement Chap. 57.— An ACT to amend and re-enact the 11th section of the 208th chapter of the Code of Virginia (edition of 1860), as amended and re- enacted by an act entitled an act to amend and re-enact section 11 of chapter 208 of the Code of Virginia, passed October 30th, 1863, concern- ing Jurors in Criminal Cases. Passed March 10, 1864. 1. Be it enacted by the general assembly, that the eleventh sec- Code amended tion of chapter two hundred and eight of the Code of Virginia, as amended by the act passed October thirtieth, eighteen hundred and sixty-three, entitled an act to amend and re-enact section eleven of &'2 CHANGES IN COPE. chapter two hundred and eight of the Code of Virginia, be amended and re-enacted so as to read as follows : Lodging and " § 11. When in a case of felony the jury are kept together du- board, howfnr- ring 01 - beyond the day on which they are impanneled, the court shall direct its officer to furnish them with suitable hoard and lodging while so confined. The expense thereof, not exceeding three dollars per day for each juror, shall he paid out of the treasury, when allowed Allowance by the court : provided, that, in the cities of Eiclnnond, Petersburg and Lynchburg, the court may allow not exceeding six dollars a, day for each juror." Commencement 2. This act shall he in force from its passage, and continue in force until the expiration of six 'months after the ratification of a treaty of peace between the Confederate States and the United States. Chap. 58 — An ACT amending and re-enacting the JOth section of chapter J70 of the Code of Virginia (edition of I860), concerning the Service, of Process. Passed February 24, 1864. . Coot amended 1. Be it enacted by the general assembly, that the tenth section of chapter one hundred and seventy of the Code of Virginia (edition of eighteen hundred and sixty), be amended and re-enacted so as to read as follows: Proc-jsi " § 10. On affidavit that a defendant is not a resident of this state, or that diligence has been used by or on behalf of the plaintiff to ascertain in what county or corporation he is, without effect, or that process, directed to the officer of the comity or corporation in which he resides or is, has been twice delivered to such officer more than ten days before the return day, and been returned without being executed, or that the defendant resides within a portion of the state occupied by the public enemy, so that process from the courts of this Order of p«bii- commonwealth cannot be served upon him, an order of publication e:ltI0n may be entered against such defendant. And in any suit in equity, where the bill states that the names of any persons interested in the subject to be divided or disposed of, are unknown, and makes such Parties un- persons defendants, by the general description of parties itnknown, known on affidavit of the fact that the said names are unknown, an order of publication may be entered against such unknown parties. Any order under this section may be entered either in court or at the rules. In a proceeding by petition there may be an order of publi- cation in like manner as in a suit in equity." Comiifnctmeut 2. This act shall be in force from its passage. Chap. 59. — An ACT amending and r^-enaeting the 5th section of chapter 184 of the Code of Virginia (edition of 1860), concerning Fees of r!om- missioners in Chancery. Passed February 24, 3864. Code amended t. Be it enacted by the general assembly, that the fifth section of chapter one hundred and eighty-four of theCode (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows : Fees of corermia- " § 5. A commissioner in chancery, for services v.hich might be doner performed by notaries, the like fees for like services. For any other service, such fees as the court by which the commissioner is ap- pointed, or the judge of such court in vacation, may from time to time prescribe, not exceeding two dollars, where less than an hour is employed, and if more than "an hour be employed, not exceeding the rate of two dollars for each hour." CHANGES IN CODE. 53 2. This act shall be in force from its passage, and continue in Commencement force during the present war; whereupon the laws in force immedi- ately before the passage of this act, regulating the fees of commis- sioners in chancery, shall be deemed to be in force. Chap. 60. — An ACT to amend the 6th section of chapter 98 of the Code of Virginia (edition of I860), concerning Patrols. Passed March 10, 1864. 1. Be it enacted by the general assembly, that the sixth section of Code amended chapter ninety-eight of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows : "§ 6. For every twelve hours' service each captain of a patrol Compensation shall be entitled to compensation not exceeding five dollars, and of P afrols every other man of the patrol not exceeding four dollars, at the dis- cretion of the court of the county or corporation where, the service is rendered; which shall be chargeable to the county or corporation to which such patrol may belong." 2. This act shall be in force from its passage. Commencemeu Chap. 61. — An ACT amending and re-enacting section 2 of chapter 12 of the Code of Virginia, so as to authorize the employment hy the Confede- rate Government of the Collectors of Taxes and Commissioners of the Revenue. ■ Passed March 10, 1864. 1. Be it enacted by the general assembly, that section second of Code amended chapter twelve of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows: "§ 2. No person shall be capable of holding any such post who Who not to hold holds any post of profit, trust or emolument, civil or military, legis- oftce lative, executive or judicial, under the government of the Confede- rate States, or who receives in any way from the Confederate States any emolument whatever: provided, that nothing in this section. Proviso shall, until six months after the ratification of a treaty of peace be- tween the Confederate States and the United States, be so construed as to prevent any of the several officers of this state, whose duty it may be to list, assess and collect the public revenue, from being employed by the Confederate States, within their respective counties and cor- porations, in the listing, assessment and collection of the public revenue of the Confederate States: and provided further, that this Ordinance not act shall not be construed to repeal or alter any ordinance of the ^; t p J^ dor late convention of Virginia, enabling persons in the service of the Confederate States to accept or act in any civil capacity in the ser- vice of this state during the existing war." 2. This act shall be in force from its passage. Commencement Chap. (5-2. — Art ACT repealing all laws authorizing Insurance of Tobacco by the State, and amending the 59th section of chapter 87 of the Code (edition of 1860), so as to render the Inspector liable to the owners of Tobacco in certain cases. Passed March 10, 1864. 1. Be it enacted by the general assembly, that the fifty-fifth, fifty- Sections re- sixth and fifty-seventh sections of chapter eighty-seven of the Code pealed of Virginia (edition of eighteen hundred and sixty), and all acts amendatory thereof, are hereby repealed. 2. The fifty-ninth section of chapter eighty-seven of the Code Code amended (edition of eighteen hundred and sixty), shall be amended and re- enacted so as to read as follows : 54 CHANGES IN CODE. Liability of specter Comtcencemei ••§ 59. If the fire from which any such damage occurred was caused by au inspector permitting any other person to use or occupy the warehouse, or any part of it, or by the neglect or voluntary act of said inspector, he and his sureties shall be liable to the owners of any tobacco damaged by such fire for the amount of their damages." 3. This act shall be in force from and on the first day of April eighteen hundred and sixtv-four. h . w i, B ] ,- lildre i Id Vo;:.ir:t Tic i;.' : Chap. 63. — An ACT to authorize the sale of certain Sla\es now in the Penitentiary. Passed February 10, 1864. 1. Be it enacted by the general assembly, that the twentieth sec- tion of the seventeenth chapter of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows : "§ 20. In the case of a slave condemned to death, the governor may order a commutation of the punishment, by directing that such slave* be sold at public auction, to be transported beyond the limits of the Confederate States. The governor shall cause him to be sold, and the purchaser, before delivery to him of the slave, shall pay into the treasury the price agreed, and enter into bond, approved by the governor, in the penalty of one thousand dollars, conditioned that the slave shall within three months be transported beyond the limits of the Confederate States, and shall never afterwards return into this state : provided, however, that in the case of any female slave heretofore or hereafter convicted of any offence other than arson or a crime against a white person, which in the case of a free negro would have been punishable with death, such female slave, and the children of any female slave convict born after couvictiou, may be caused by the governor to be sold at public auction unconditionally, and without requiring bond as aforesaid." 2. This act shall be in force from its passage. Cod^ amended Wi.it d< emed felony Cor Chap. eafe <' of chapter eighty-five of the Code of Virginia (edition of eighteen hundred and sixty), so far as it relates to the Central lunatic asylum at Staunton, be and the same is hereby repealed. Section jimundwj 2. Be it further enacted, that section ninth of chapter eighty-five of the Code (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows : Deports, where "§ 2.» The directors of the said Central asylum, upon the receipt :«nj-, &c • f money, whether by appropriation of the general assembly, or from any other source, shall immediately deposit the same in the office of discount and deposit of either of the banks at Staunton, to their .ere- ' dit; and it shall not be lawful for the cashier or other officer of either of the said banks to payout said money so deposited, upon the order, draft or check of the said directors, except it be in such form as shall be prescribed to said bank by the board of directors of said asylum." Commencement 3: This act shall be in force from its passage. Chap. 70. — An ACT to amend the 13th section of chapter 34 of the Code of Virginia, concerning the Virginia Military Institute. ■ Passed January 11, 1864. Code amended J. Be it enacted by the general assembly, that the thirteenth sec- tion of the thirty-fourth chapter of the, Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows : aow cadets may '' § 13. The board of visitors shall admit as state cadets, free of charge for board and tuition, upon evidence of fair moral character, and of inability on the part of the applicant and of his parent or guardian to defray charges, fifty young men, in lieu of the number now required, who shall be not less than fourteen nor more than eighteen years of age; one of whom shall be selected from each of the senatorial districts as at present constituted. Whenever a va- bfi admitted CHANGES IN CODE. 57 cancy has occurred, or is likely to occur, due notice of the time and place of making- the appointment to supply the vacancy shall he given. If, after such notice, no suitable person shall apply from any when no appii- district, the vacancy may be supplied from the state at large. And f^m a Strict for the purpose of providing a fund for the support of the state cadets herein required to be admitted, the additional sum of five thousand seven hundred and ninety dollars is hereby appropriated annually ; and the auditor of public accounts is hereby authorized and required to issue his warrant or warrants on the treasury for the same, in the manner that other warrants to the said institution have been hereto- fore issued." 2. This act shall be in force from its passage. Commencement Chap. 71. — An ACT to amend and re-enact the 12th section of the 77th chapter of the Code of Virginia. Passed March 10, 1864. 1. Be it enacted by the general assembly, that the twelfth section Code amended of the seventy-seventh chapter of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows : " § 12. Such trustees shall not take or hold at anytime more than Amount of land two acres of land in an incorporated town, nor more than two hundred t0 be held acres out of such a town : provided, however, that it shall at all times be in the power of the legislature to reduce the amount of real estate authorized to be held under this section, and upon such reduction to require sale to be made of so much of any such real estate as may be held in excess of the quantity that may thenceforward be lawfully held." 2. This act shall be in force from its passage. Commencement Chap. 7 - 2. — An ACT to prevent the destruction of Enclosures and Private Property on Public Highways. Passed March 9, 18G4. 1. Be it enacted by the general assembly, that if any person shall Whattoconsti willfully injure, burn or destroy any enclosure not his own, he shall tute mis(lemf ' a - be guilty of a misdemeanor. 2. If any slave or free negro in charge of a white person, shall commit the offence specified in the first section, by the direction or with the knowledge of such white person, the latter shall be deemed guilty to the same extent as if he had committed it in person. 3. Upon complaint made before any justice of the peace, verified justice to mew by affidavit of the complainant, that any person has been guilty of wavrani said offence, the justice shall issue his warrant for the arrest of the person accused, and require him to be brought before him, or some other justice of the county, who, if there be probable cause to be- lieve him guilty, shall commit him to jail to answer the said charge at the next term of the circuit or county court for the county in which the offeuce was committed, if a white person, unless he shall give bail as in other cases of misdemeanors ; and if a free negro or if tree negro or slave, shall be tried by the justice before whom he may be brought, 8 ^ ve > t6 ree *' ve and if found guilty, shall be punished by stripes, at the discretion of ipeB the justice, not exceeding nine and thirty at any one time. 4. This act shall be in force from its passage. Commencement PRIVATE OR LOCAL ACTS. Chap. 73. — An ACT to incorporate the Stonewall Insurance Company. Passed February 18, 1864. 1. Be it enacted by the general assembly of Virginia, that J. S. Company ia«»t Davis, N. H. Massie, E. R.Watson, B. C. Flannagan, R. W. N. porated Noland, A. P. Abell, R. Colston, J. B. Minor, C. T. Antrim, M. Scheie De Vere, T. L. Preston,' J. H. Bibb and W. B. Mallory, together with such other persons as they may associate with them hereafter, are hereby created and declared to be a body politic and corporate, by the name and style of The Stonewall Insurance Com- pany ; and by that name may sue and be sued, plead and be im- pleaded ; make and have a common seal, and alter and renew the same at pleasure ; contract and be contracted with; and make by- laws and regulations not inconsistent with the laws of this state or of the Confederate States ; and generally may do every thing neces- sary to promote the object of this corporation, which is not contrary to the laws of the land. 2. The said company shall have power to make insurance upon insurance, how dwellings, houses, stores, and all other kinds of buildings, either in ™,f d r pon wbit town or country, and upon household furniture, merchandise or other property; against loss or damage by fire, or by any other liability. casualty or hazard ; to make insurance upon lives, and upon boats and vessels of all kinds, freights, goods, wares, merchandise, bul- lion, coin, bank notes, mercantile and other securities, profits, com- missions, bottomry and respondentia interests, and upon all risks of navigation and of transportation by land or water ; to cause them- selves to be reinsured upon all risks upon which they may have made insurance, and to insure any interest belonging to the company ; to grant annuities ; to receive endowments ; to contract for reversion- ary payments ; to guarantee the paj-meut of bonds, promissory notes, bills of exchange, and all debte, however evidenced; and to receive Money received money on deposit, and grant certificates therefor, in accordance with on de P° sit sections ' four and five, chapter fifty-nine of the Code of Virginia; but in no case shall such deposit be liable to make good any policy or liability entered into by the company. 3. The company shall have power to invest its capital stock, depo- How funds ic sits and other funds, in bank, state or other stocks ; in bonds of this vesfed or any other state, or of the Confederate States, or of any incorpo- rated company, and in any other personal property ; to lend money upon personal or real security, and to take the interest ; and to pur- chase, hold, sell and convey any real estate for the purpose of secur- ing any debt due the company, or for their own use and convenience ; but nothing herein contained shall be construed to authorize the said company to issue or put in circulation any notes of their own in the nature of bank notes. 4. The capital of said company shall not be less than one hun- Capital dred thousand nor more than eight hundred thousand dollars, divided into shares of fifty dollars each. The subscribers shall respectively How payable pay for the shares subscribed for by them, at such times and in such proportions as the president and directors shall prescribe ; and if any subscriber shall fail to pay the sum or sums so called for on any share held by him, within twenty days after the same has been so called for, then the amount for which he is delinquent may be reco- 60 INSURANCE COMPANIES. Affairs, bow to aE aged Officers Clerks, &c. how ■appointed Agents Stockholders, tiow liable illeneral meet- ing ■Quorum vered by motion, on twenty days' notice in writing, in any court of record for the county or corporation where such subscriber may re- side : provided, however, that said company shall not commence its business until at least fifty thousand dollars of its capital stock have been actually paid in ; and that from time to time, when any increase of capital stock is ordered, one-half thereof shall be actually paid in, and the balance well secured, before such increase shall be deemed valid. 5. The affairs of the said company shall be managed by a presi- dent and board of directors, five in number, including the president, of whom three shall constitute a quorum. The directors shall be elected by ballot, from among the stockholders in general meeting assembled, by a majority of the votes of the stockholders present in person or by proxy ; and the directors thus chosen shall choose a pre- sident from among themselves. The said president and directors shall continue in office one year and until their successors are ap- pointed ; and in the case of a vacancy in the office of president or director from any cause, it shall be filled by the remaining directors, or a legal quorum thereof, for the remainder of the term of the said president or director. 6. The president and directors may appoint, and at their pleasure remove, a secretary and such clerks and other officers as they may deem expedient for the proper conduct of the company's business, taking bond, in their discretion, with good security, from any or all of them, conditioned for the faithful performance of their respective duties, and shall prescribe the compensation and duties of them and of the president. 7. The president and directors shall have power to appoint and at pleasure to remove agents in this state or elsewhere ; and it shall be their duty to appoint them in any county or corporation in this state, when requested so to do by not less than ten stockholders resi- dent in such county or corporation, and holding not less than one hundred shares of stock. 8. The president and directors shall have power from time to time to declare, out of the profits of the company, such dividends as they shall deem proper, so as in no case to impair the capital stock of the company thereby. They shall also make and publish, at the end of every year, except that in which the company goes into operation, a statement showing the condition of the company for the current year. 9. Any member may transfer one or more of his shares of stock in the manner prescribed by the by-laws, and the president and di- rectors may sell as many shares in addition to those first taken as the stockholders in general meeting shall direct, so as that the capital stock shall in no case exceed the maximum amount of eight hundred thousand dollars herein before prescribed : provided, however, that no stockholder indebted to the company as principal, endorser, guarantor, or otherwise, on paper due or yet to mature, or in any other form of liability, shall be permitted to transfer his stock, or any part thereof, or to receive a dividend, until such debt or liability is paid or secured to the satisfaction of the board of directors. 10. No stockholder shall be liable for any loss, damage or respon- sibility, otherwise than to the extent of the shares held by him in the capital stock, and any profits arising thereupon not divided. 11. General meetings of the stockholders shall be held annually, at such time and place as the by-laws shall prescribe; and such meetings shall be called specially by the president and directors whenever five stockholders, having in the aggregate as many as four hundred shares, shall in writing require, or the president and direc- tors shall themselves deem it proper. And in all meetings of the stockholders, a majority of all the shares shall be a quorum for the transaction of business, but a less proportion may adjourn from time INSURANCE COMPANIES. (31 to time. At any meeting of the stockholders each stockholder shall be entitled to as many votes as he may own shares. 12- The persons named in the first section, or a majority of them, Directors, bow shall fix upon some suitable place, and shall give five days' notice for cbosen a meeting of the stockholders to choose directors, and shall supervise the election. • 13. This act shall be in force from its passage, and shall be subject ftommencKoient to be altered, amended or repealed, at the pleasure of the general assembly. Chap. 74. — An ACT to incorporate the Richmond City Insurance Company. Passed February 13, 1864. 1. Be it enacted by the general assembly of Virginia, that Wil- Company incor Ham B. Jones, John *T. Butler, A. A. Hutcheson, T. H. Wynne. porated William S. Morris, and all others who mn,y be associated with them under this act, be and they are hereby created and declared to be a body politic and corporate, by the name and style of The Bichmond City Insuviiice Company ; and by that name and style shall be in- vested with all the rights, powers and privileges conferred, and made subject to all the rules, regulations and restrictions imposed by the Code of Virginia, applicable to such corporations, and to all other acts amendatory thereof, which have heretofore or may hereafter be passed, so far as the same are not inconsistent with this act. 2. This company shall have authority and power to make insurance Power to make upon dwellings, houses, stores, and all other kind of buildings, either raf,uranrf '. &r - in town or country, and upon household furniture, merchandise and other property, against loss or damage by fire ; to make insurance upon lives; to cause themselves to be reinsured, when deemed expe- dient, against any risk or risks upon which they have made or may make insurance ; to grant annuities ; to receive endowments ; to con- tract for reversionary payments; to guarantee the payment of pro- missory notes, bills of exchange, or other evidences of debt; to make insurance upon vessels, freights, goods, wares, merchandise, specie, bullion, profits, commissions, bank notes, bottomry and respondentia interests ; and to make all and every insurance connected with marine risks of transportation and navigation ; and to receive money on deposit, and pay interest thereon, as may be advantageous to the stockholders;, to invest the funds of the company in any stocks of any kind, or loans, as may be judged best for the interests of the company : provided, that in no event shall the deposits be liable for the satisfaction of any policy. 3. The capital stock of the company shall be one hundred thou- Capital sand dollars, divided into shares of the par value of ten dollars. The said capital stock shall be payable by each subscriber, at such time or times as it may be called for by the president and directors, and in such proportion as they may deem necessary : provided, however, Proviso that said company shall not commence its business until at least fifty thousand dollars of the capital stock has been actually paid in. 4. The affairs of said company shall be managed by a president Affairs, how and board of directors, seven in number, four of whom shall con- mana ?«J stitute a quorum. 5. No stockholder indebted to the company shall be permitted to Transfers make a transfer or receive a dividend until such debt is paid or secured to the satisfaction of the board ; and if such debt shall remain unpaid for three months after it has become due and payable, the directors may sell such portion or all of the stock belonging to the stockholder in default, as may be necessary to satisfy the debt. 6. The persons named in the first section shall be commissioners, Commiasionara any three of whom may act, to open books to receive subscriptions to the capital stock of said company; and three days' notice shall be 62 IMPORTING AND EXPORTING COMPANIES. given by said commissioners of the time and place of opening such books, in a newspaper published in the city of Richmond ; which books shall no* be closed in less than five days from the time of opening. Capital, how 7. Whenever, in the opinion of a majority of the stockholders, it increased ma y be deemed expedient, the capital stock of the company may be increased in such amounts as they may direct, not exceeding five hun- dred thousand dollars. Commencement 8. This act shall be in force from its passage, and shall be subject to amendment, modification or repeal, at the pleasure of the general assembly. Chap. 75. — An ACT to amend the Charter of the Farmers and Mechanics Insurance Company of the City of Richmond. Passed February 29, 1864. Act amended 1. Be it enacted by the general assembly, that the second section of the act passed March twenty-eighth, eighteen hundred and sixty- one, to incorporate the Farmers and Mechanics insurance company of the city of Richmond, be amended and re-enacted so as to read as follows : Capital " § 2- The capital stock of said corporation shall not be less than one hundred thousand dollars nor more than one million dollars, divided into shares of the par value of twenty dollars each ; but said company shall not commence business until at least fifty thousand dollars of said capital be paid in." Commencement 2. This act shall be in force from its passage. Chaf. 76. — An ACT amending the 2d section of an act amending the Char- ter of the Virginia Fire and Marine Insurance Company, passed January 4th, 1858. Passed February 25, 1864. Act amended 1. Be it enacted by the general assembly, that the second section of the act amending the charter of the Virginia fire and marine in- surance company, passed January fourth, eighteen hundred and fifty-eight, be and the same is hereby amended aud re-enacted so as to read as follows : Capital, how in- "§ 2. The capital stock of the said corporation shall not be less creased than two hundred thousand dollars ; and they shall have authority to increase the same from time to time as they may find it necessary and expedient, so as not to exceed two millions of dollars ; and the par value of tbe shares in the said capital stock shall be twenty-five Proviso dollars each : provided, however, that upon any increase of the capi- tal stock of said company, in pursuance of this act, at least one-half of such increase shall be paid in by the subscribers, and the balance well secured." Commencement 2. This act shall be in force from its passage. CHAP. 77. — An ACT*to amend and re-enact an act entitled an act to incor- porate the Richmond Importing and Exporting Company, passed Feb- ruary 21st, 1863. Passei February 29, 1864. Company jncor- 1. Be it enacted by the general assembly of Virginia, that Thomas porated w McCance, John D. Harvey, Emanuel Miller, T. Edward Ham- bleton, junior, Andrew L. Ellett, Alfred Moses, W. M. Barrett, James L. Apperson, R. H. Maury, William Boulware, William Allen, Wil- liam Gr. Payne and Samuel J. Harrison, together with such other persons and firms as are now connected with them, under the name MANUFACTURING COMPANIES. 63 and style of the Richmond importing and exporting company, be and the same are, together with their successors and assigns, hereby made and constituted a body corporate, under the said name and style of The Richmond Importing and Exporting Company, for the purpose Corporate nan >■ of owning, navigating and freighting ships and other vessels engaged Powei ' s in foreign and domestic commerce, and of buying and selling the products and commodities so freighted or intended to be freighted. The capital of the said company shall not be less than five hundred Capital thousand dollars nor more than five millions of dollars, and shall be held in shares of five hundred dollars each. The affairs of the com- Affairs, how pany shall be managed by a president and board of directors, whose maDa 8 ed term of office and their number shall be determined and elected by the stockholders ; and the said board of directors shall possess all the corporate powers of the company : provided, however, that nothing in this act shall change or affect the rights, obligations, exemptions and immunities of the said company, under the provisions of the laws of the Confederate States applicable to owners of vessels : and provided, that the said company shall be subject to such general laws as may affect corporations of this character. This act shall be in force from its passage, and be subject to repeal, modification or amendment, at the pleasure of the general assembly. 2. This act shall be in force from its passage. Commecwment Chap. 78. — An ACT continuing and amending the Charter of the Rich- mond Glass Manufacturing Company. Passed March 10, 1864. Whereas, by an order of the circuit court for the county of Hen- Preamble rico and state of Virginia, dated the thirtieth day of October eighteen hundred and sixty-three, and the certificate of G-. W. Munford, secretary of the commonwealth, dated November twenty-seventh, eighteen hundred and sixty-three, it appears that a company by the name and style of the Richmond glass manufacturing company, was duly incorporated and declared to be a body politic and corporate, under authority of chapter sixty-fifth of the Code of Virginia : And whereas it is deemed advisable to have said charter confirmed and amended by an act of the general assembly : 1. Be it therefore enacted by the general assembly of Virginia, Charter cop that the said charter is hereby sanctioned and confirmed, and tbatj^™^ 1 ;rcor William S. Morris, as president and ex-officio member of the board, porated and J. H. Montague, Samuel J. Harrison, M. Jones and Robert A. Lancaster, as directors, as a body politic and corporate, by the name and style of The Richmond Glass Manufacturing Company, are hereby invested with all the rights, powers and privileges, and sub- ject to all the rules, regulations and restrictions provided and pre- scribed in the Code of Virginia, applicable to such corporate bodies, and any laws amendatory thereof, not inconsistent with the charter granted in manner aforesaid, and with the provisions of this act. 2. That the capital of said company shall not be less than one Capital hundred and fifty thousand dollars, and not more than one million dollars, with power to manufacture glass, glass ware, tile and crockery ware, and to purchase, lease, take and hold, sell and convey real es- tate, not exceeding two thousand acres. 3. This act shall be in force from its passage. Commencement Chap. 79. — An ACT to incorporate the Henrico Manufacturing Company. Passed March 4, 1864. 1. Be it enacted by the general assembly, that William S. Morris, Company iucor- Thomas H. Wynne and P. M. Thompson, and such other persons as P orated G4 MANUFACTURING COMPANIES. Delegated Capital Commencement may he hereafter associated with them, not less than rive, shall he and are hereby incorporated and made a body politic and corporate, by the name and style of The Henrico Manufacturing Company, for the purpose of mining iron, copper or lead ore or coal, and also for the purpose of maufacturing paper, cotton and woolen, iron and other metals, in the county of Henrico, and counties adjoining thereto, and of transacting the usual business of companies engaged in mining, manufacturing, and of transporting to market and selling the pro- ducts of their mines and m an u facto iy. 2. The said company is hereby invested with all the rights, privi- leges and powers, and made subject to the restrictions and regula- tions now provided by law for the general regulation of bodies politic and corporate, and of the mining and manufacturing companies, of this commonwealth, so far as the same may apply, and are not in- consistent with the provisions of this act : provided, however, that said company shall not commence business until at least twenty-five thousand dollars of the capital stock has been actually paid in. 3. The capital stock of said company shall consist of not less than fifty thousand dollars nor more than five hundred thousand dollars, to be divided into shares of one thousand dollars ; and the said com- pany shall have the right to purchase and to hold land not exceeding one thousand acres. 4. This act shall be in force from its passage, and shall be subject to amendment, alteration or repeal, at the pleasure of the general assembly. Act amended Capital Commencement Chap 80. — An ACT to amend and re-enact the 2d section of an act to incor- porate the Union Manufacturing Company. Passed February 27, 1864. 1. Be it enacted by the general assembly, that the second section of the act passed September thirtieth, eighteen hundred and sixty- two, entitled an act to incorporate the Union manufacturing com- pany in the county of Fluvanna, be amended and re-enacted so as to read as follows : " § 2. The capital stock shall be not less than fifty thousand dol- lars nor more than four hundred thousand dollars, to be divided into shares of one hundred dollars each, four-fifths of which shall never be owned by less than four shareholders; and it shall he lawful for the commissioners herein after named or referred to, to open books of subscription for raising the said capital stock, at such times and places as they may designate." 2. This act shall be in force from its passage. Company in«or porated Delegated powers Chap. 81. — An ACT incorporating the Virginia Porcelain and Earthenware Company in the County of Augusta. Passed January 22, 18G4. 1. Be it enacted by the general assembly, that Martin Coiner, William W. Withrow," Dr. T. W. Shelton, Gerard B. Stuart, Alex- ander H. H. Stuart, of the county of Augusta, and such others as . may be hereafter associated with them, shall be and are hereby in- corporated a body corporate and politic, under the name and style of The Virginia Porcelain and Earthenware Company, for the purpose of mining kaolin and manufacturing porcelain, china and other earth- enware and fire-bricks, and such like articles, and disposing of their products in market ; and as such incorporation, shall have all the powers and privileges conferred, and be subject to all restrictions im- posed on corporations by the fifty-sixth and fifty-seventh chapters of MINING COMPANIES. 65 the Code of Virginia, so far as the same are not inconsistent with the purposes of this act. 2. That the capital stock of the corporation shall be not less than Capital fifteen thousand nor exceed two hundred and fifty thousand dollar;?. to be divided into shares of fifty dollars each: and the said corpora- tion may hold land for their purposes, not exceeding three thousand acres. 3. This act shall be in force from its passage, and be subject to Commencement modification at any time by the general assembly. Chap. 82. — An ACT to incorporate the Confederate States Porcelain Company. Passed March 3, 1864. 1. Be it enacted by the general assembly, that F. J. Barnes of the Company incor- county of Charlotte, and such other persons as may be hereafter p 01 '"'^ 1 associated with him, shall be and are hereby made a body corporate and politic, under the name and style of The Confederate States Por- celain Company, for the purpose of mining kaolin and fire clay, and manufacturing porcelain, china and other earthenware and fire bricks and other articles, and disposing of their products in the markets; and as such incorporation, shall have all the powers and privileges Power» conferred, and be subject to all restrictions imposed on corporations by the fifty-sixth and fifty-seventh chapters of the Code of Virginia, so far as the same are not inconsistent with the purposes of this act. 2. That the capital stock of the corporation shall not be less than Capital one hundred thousand nor more than five hundred thousand dollars, to be divided into shares of one hundred dollars each ; and the said corporation may hold land for their purposes, not exceeding five thou- sand acres. 3. This act shall be in force from its passage, and be subject to Commencem™* modification at any time by the general assembly. Chap. 83. — An ACT to incorporate the Hardy Coal Mining Company. Passed March 4, 1864. 1. Be it enacted by the general assembly of Virginia, that George Company incor- Lee, G-eorge Arents, Charles Hartwell, John Fisher, G. W. Jones P° rat,!d and' W. Peterson, and such other persons as may be hereafter asso- ciated with them, and their successors, shall be and are hereby incor- porated and made a bodj' politic and corporate, under the name and style of The Hardy Coal Mining Company, for the purpose of mining for coal and other minerals in the county of Hardy, and for transport- ing and selling the same ; and by that name and style may have a Power? common seal, and be invested with all the rights, privileges and powers, and made subject to all the limitations and restrictions con- tained in the Code of Virginia for the management and control of such bodies politic and corporate, so far as the same may be appli- cable, and not inconsistent with the provisions of this act. 2. The said company may purchase and hold real estate in the Land? county of Hardy, not exceeding six thousand five hundred acres, and such other property as they may deem necessary for the purposes of this incorporation. 3. The capital stock of said company shall be not less than sixty Capital thousand dollars nor more than five hundred thousand dollars, and shall be divided into shares of one hundred dollars each ; which shall be transferable agreeably to the laws of said company. 4. This act shall be in force from its passage, and shall be subject Commencement to any amendment, alteration or modification at the pleasure of the general assembly. 5 66 RAIL ROAD. TOWNS. Chap. 84. OonapETv p&rated Corporate nami Capitai Commencement -An ACT to incorporate the Catawba Rail Road Company. Passed March 9, 1864. 1. Be it enacted by the general assembly, that Joseph E. Ander- son, Francis B. Deane, junior, Thomas H. Ellis, Francis T. Glasgow, John T. Anderson, and such other persons as they may associate with them, be and they are hereby incorporated, under the name and style of The Catawba Eail Eoad Company, for the purpose of con- structing a rail road from some point at or near the Catawba furnace, in the county of Botetourt, to some point on the James river and Kanawha canal, between the town of Buchanan and the mouth of Catawba creek. 2. The capital stock of the said company shall not exceed one million of dollars, and it shall be organized in conformity with the fifty-seventh chapter of the Code, and have all the rights and privi- leges, and be subject to all the restrictions contained in the fifty-sixth and sixty-first chapters of the Code. 3. This act shall be in force from its passage, and shall be subject to modification or repeal, at the pleasure of the general assembly. A7 " § 5. For superintending said elections the common council shall, Election, how previous thereto, appoint five persons in each ward as commissioners, conducted any two or more of whom may act, to superintend the election in such ward; and the said commissioners shall have such powers and perform such duties as are prescribed by the sixth section of the seventh chapter of the Code of Virginia, after taking such oath as is prescribed in the seventh section of the same chapter; a certificate cf which oath shall be returned to the clerk of the council, to be preserved in his office. The polls at such election shall be opened and closed in the manner directed in the second section of the said seventh chapter. An officer to conduct the election in each ward Officers, how shall be appointed by the council ; or if the council fail to do so, or a PP' ,inte». Chap. 101.— An ACT for the relief of William E. C. Douglas, late Steward of the Eastern Lunatic Asylum. , Passed January 22, 1864. 1. Be it enacted by the general assembly, that the auditor of Auditor to m%'n public accounts be and he is hereby authorized and required to draw warraut his warrant upon the treasury, payable out of any money therein not otherwise appropriated, in favor of William R. C. Douglas, for Amount the sum of three hundred and thirty-three dollars and fifty cents, that being the amount of his salary as the late steward of the Eastern lunatic asylum from the first day of January eighteen hundred and sixty-three to the thirteenth of May following, at the rate of nine hundred dollars per annum. 2. This act shall be in force from its passage. . Comaoacemeat Chap. 102. — An ACT authorizing the payment of a Sum of Money to Lee A. Dunn of King William County, for Extra Copies of his Land and Property Books. Passed January 21, 1864. 1. Be it enacted by the general assembly, that the auditor of Auditor to ussua public accounts be and he is hereby authorized and directed to issue warrant his warrant on the treasury, payable out of any money therein not otherwise appropriated, in favor of Lee A. Dunn of King William county, or his legal representatives, for the sum of one hundred dol- Amount lars, the same being the amount paid by said Dunn to William D. Pollard, for making out two extra copies of the property book and two extra copies of the land book for the year eighteen hundred and sixty-three, for the said county of King William. 2. This act shall be in force from its passage. Coouneaceinea 1 ; 76 PRIVILEGES, ETC. Chap. 103.— An ACT for the relief of A. G. Ingraham. Passed March 1, 18fi4. Auditor to issue 1. Be it enacted by the general assembly, that the auditor of pub- warrant ]j c accounts be and he is hereby authorized and required to issue, his warrant on the treasury of the commonwealth, payable out of any money therein not otherwise appropriated, in favor of A. G. Ingra- Amount ham, for the sum of three hundred and twenty-six dollars and eighty- eight cents, being the amount of damages erroneously awarded against him, in addition to principal, interest and costs on two judgments re- covered against him in favor of the commonwealth. Commencement 2. This act shall be in force from its passage. Chap. 104. — An ACT releasing William B. Ball from the payment of a cer- tain sum of money. Passed March 1, 1864. Claim released 1. Be it enacted by the general assembly, that the claim of the commonwealth against William B. Ball for one hundred and twenty- two dollars and fifty cents, as of the twenty- seventh of May eighteen hundred and sixty-one, for forty-nine pair of shoes furnished by R. M. Nimmo, agent, for a cavalrjr company commanded by said Ball, be and the same is hereby released ; and the same shall be allowed as an offset in favor of the said Nimmo against the debt asserted in the suit of the commonwealth against him in the circuit court of the city of Richmond. Commencement 2. This act shall be in force from its passage. Chap. 105.— An ACT for the relief of John C. Heiskell, Sheriff of Hamp- shire County. ^ Passed March 4, 1864. Damages re- 1. Be it enacted by the general assembly, that John C. Heiskell, 3eaSRd sheriff of Hampshire county, be and he is hereby released from the payment of the damages and interest on a judgment obtained against him for failure to pay the license tax due May eighteen hundred and sixty-one, said Heiskell having paid into the treasury the amount of the principal of said judgment. Commencement 2. This act shall be in force from its passage. Chap. 106.— An ACT for the relief of William E. Prince of Sussex County. Passed January 23, 1864. Auditor to issue 1. Be it enacted by the general assembly, that the auditor of pub- warrant ]j e accounts be authorized to issue his warrant on the treasury, pay- able out of any money therein not otherwise appropriated, in favor of Amount • William E. Prince of Sussex county, or his legal representatives, for the sum of two hundred and eighty-five dollars, the same having been paid by said Prince into the treasury, in pursuance of an order en- tered by the judge of the circuit court of Sussex county, under a misapprehension of the law, for the purchase of a free negro named Billy Barlow, allowed to enslave himself by order of the said circuit court of Sussex county at the October term of said court in eighteen hundred and sixty-three. Commencement 2. This act- shall be in force from its passage. PRIVILEGES, ETC. 77 Chap. 107. — An ACT for the relief of Thomas M. Huridiey, Commissioner of the Revenue, for the County of Matthews. Passed March 10, 1864. 1 Be it enacted bj r the general assembly, that the auditor of pub- Auditor to i«sue lie accounts be and he is hereby authorized and required to is§iie his warranf ' warrant upon the treasury in favor of Thomas M. Hundley of the county of Matthews, for such sum as may be the value of his ser- vices in making out his property book and records of births and deaths for said county for the year eighteen hundred and sixty-three, not exceeding the sum of two hundred and twenty dollars ; which property book and records were not returned, because it is alleged they fell into the hands of the public enemy ; but such payment shall Proof to i>e fur- not be made until the said Thomas M. Hundley shall furnish to said lllsheii auditor satisfactory proof that the said property book and records of births and deaths for the county of Matthews were completed, and not returned in consequence of their hefting fallen into the hands of the public enemy. 2. This act shall be in force from its passage. Commencem,-;^ Chap. 108. — An ACT for the relief of the Personal Representatives of A. B. Urquhart, Joseph E. Gillett and Madison J. Davis. Passed February 20, 1864. Whereas it is represented that A. B. Urquhart, Joseph E. Gillett Preamble and Madison J. Davis of the county of Southampton, have died in- testate, leaving respectively large landed estates, together with a number of slaves, to which the children of said decedents (all or most of whom are minors) are entitled : And whereas, in the pre- sent state of the country, it is alleged that to hire, sell or divide said slaves would probably cause them to escape to the enemy : 1. Be it enacted by the general assembly, that it shall be lawful Powers of court for the county court of said county of Southampton, if it be clearly shown that the interest of those interested in said estates will be pro- moted, and that the rights of no person will be violated thereby, to authorize, by decree, the personal representatives of said estates re- spectively, or the guardians of said children, to retain said slaves on said plantations, and to cultivate the same for the benefit of said heirs and distributees respectively, precisely in all respects as if they had been empowered so to do by will duly made by said decedents, sub- ject to any further order and decree of said court, during the exis- tence of the present war, taking bond with satisfactory security from the parties to whom the management of said estates may be entrusted, in such penalty as the court may deem reasonable, and conditioned for the faithful discharge of the duties required of them, and for duly accounting with the parties interested. 2. The proceedings under this act, in order to obtain such decree, Proceedings shall in all respects conform mutatis mutandis to the requirements of the second, third, fourth, fifth, sixth and seventh sections of chapter one hundred and twenty-eight of the Code of Virginia (edition of eighteen hundred and sixty).. 3. Nothing in this act shall be construed so as to prevent any of Limitation said heirs or distributees now of age, or who may become so, or the widow of either of said decedents from proceeding to have his or her share of said estates allowed to him or her, precisely as if this act had not been passed. 4. This act shall be in force from its passage. Commencement 78 PRIVILEGES, ETC. Chap. 109. — An ACT authorizing and directing the payment of the Dixie Boys. Passed March 10, 1864. Aafjiting board 1. Be it enacted by the general assembly, that the auditing board to settle claim foe an a they are hereby authorized and directed to audit and settle, and the auditor of public accounts is hereby directed to , pay the claim of an independent company of scouts and rangers, known as the Dixie Boys ; which claim the auditing board refused to allow on the twenty-ninth day of May eighteen hundred and sixty-three. Hf striction 2. The said auditing board shall only allow so much of said claim as is for pay for the actual time each member of the said company was Auditor to issue in service ; and the auditor of public accounts shall issue his warrant warrant upon the treasury, payable out of any money therein not otherwise appropriated, for the said amounts, when so audited and settled. Commorcement 3. This act shall be in force from its passage. Chap. 110. — An ACT releasing the Commonwealth's Claim to certain Land to Matthew Sylvia. Passed February 8, 1864. o&im released 1. Be it enacted by the general assembly of Virginia, that the title and interest of the commonwealth to and in a certain lot in the city of Petersburg, owned jointly by Matthew Sylvia and by Joseph Leonards (alias Leonard) deceased, be and the same is hereby re- leased to said Matthew Sylvia : provided, however, that nothing herein contained shall be construed to impair or affect the rights of any creditor, heir at law or devisee of said Joseph Leonards (alias Leonard), but the same shall remain as if this act had not passed. lYKuoenocmeiii 2. This act shall be in force from its passage. RESOLUTIONS. No. 1. — Address of the General Assembly to the Soldiers of Virginia. Adopted March 9, 1864. Soldiers of Virginia in the Armies of the Confederate States — It Address of ge- is now nearly three years since you left your homes and firesides, at to^oid^ereof 17 the call of your state, to repel the invasion of her soil. Before Virginia taking up arms, every effort to obtain the peaceful enjoyment of your rights under the constitution had been exhausted, your appeals for justice spurned with contempt, and a war to subjugate our sister states of the south commenced by Abraham Lincoln. By this lawless proceeding, the federal administration threw off the mask it had hitherto worn. In such a contest Virginia could not remain an indifferent spectator. Bound by every tie of blood, sym- pathy, common interests and common wrongs to the states against whom this hostile preparation was set on foot, she withdrew at once from an association which no longer respected a written constitution, and resolved to receive on her own bosom the threatened shock of invasion. She invoked you to rally to defend your homes, your altars and your honor; and this appeal was not made in vain. Promptly and generously you responded to the call of duty. Most faithfully have you performed it. In your long and arduous service you have shrunk from no toil, no danger and no sacrifice. During your ab- sence in the field, your wives and little ones may have suffered want; your homes been ravaged, and the fruits of industry destroyed by a ruthless and barbarous enemy. But, in despite of every temptation, you have never looked back. Your eye has always been fixed on the foe, and your ear waiting for the summons to battle. Amid the toil of the march, the weary watch, the labor, the hunger, the cold, the privations of the camp, you have never complained, but have always rendered a cheerful obedience to the state which honors and cherishes you with a mother's love. You have been present in most of the important battles of the war, and in all your valor has been conspicuous. It has made you the theme of praise by your heroic companions from other states, and by the whole civilized world. Many of your comrades have fallen in battle, or from disease con- tracted in service, and been transferred from the roll of life to that of immortality. There are many more, whose mutilated forms attest their honorable devotion to their country. In your prolonged absence from home, your sacrifice of personal interests and. of all the enjoy- ments of life, has indeed been great. The war, forced upon us by the malice of a people whom we had not injured, has entailed upon us all deep sorrow and cruel suffering. Its unavoidable calamities have been greatly augmented by the refusal of the enemy to respect the laws of civilized warfare, and by their fiendish attempt to wrest submission from us, by visiting the most relentleet barbarities upon women and children, the aged and the helpless. Unbridled license has been given to their cupidity. Untold millions of property have been wantonly destroyed by their malice, or swelled the coffers of the pampered villains, who, unwhipt of justice, have been openly re- warded and promoted for their crimes. Aged and unoffending men have been dragged from their beds to dreary prisons and solitary RESOLUTIONS. labor. Refined and virtuous women have been brutally insulted, and, manacled by rude unfeeling soldiery, have been led captive from their homes as hostages for negroes. Farms have been desolated ; dwellings laid in ashes ; unprotected women and helpless children have been turned out from their homes without bread or shelter. The tombs of the gallant dead have been robbed and desecrated by fiends, who have ruthlessly invaded the sanctity of the grave, and out- raged the sensibilities of the living. Under the hypocritical guise of liberating from slavery a popula- tion happier and more virtuous than themselves, they have sought to subject us to a j^oke more galling than they have essayed to remove. Within a few days past an expedition has been projected and an abortive effort made to carry into execution, with minute instructions emanating (as we have reason to believe) from the government at Washington, to sack and fire the city of Richmond, and in the dark- ness of the night to consign its inhabitants, without a moment's warning, to flames and to death. For this purpose, a special "burn- ing party" was organized, provided with implements of destruction, and orders to carry into execution their fell designs. Amid its blaz- ing ruins the released prisoners from "Belle Isle" and "the Libby" were to unite with the bands of Dahlgren and Kilpatrick in dealing out death and slaughter upon unoffending and peaceful citizens, and inflicting- outrages upon pure and unprotected women, more horrible than death. The heart sickens at the contemplation of the enormities that would have been committed, had this nefarious scheme succeeded. No prayer for mercy would have been heard ; no scream for help would have been heeded. Fire, rapine, slaughter and lust would have held undisputed dominion in this fair city. We forbear to enlarge, but make this recital, that you may know more clearly the character of our foe, and that he may be held up to the odium and execration of mankind. In shameless disregard of all the rules of civilized warfare, your chief magistrate and his cabinet were, by special directions, to be denied the rights of prisoners of war, and killed in cold blood. Every species of public and private property was to be destroyed, and the entire country within their reach laid waste. Stimulated and encouraged by the precepts and example of their leaders, this band of robbers and murderers entered private houses ; broke open ladies' wardrobes ; destroyed of their rich contents what they could not appropriate ; carried off jewels and plate; consigned to the flames stores of provisions ; burnt mills and other houses ; de- solated some of the fairest homes of the state, and left whole families without food. Thanks to the gallantry of a citizen soldiery, they were routed and repulsed, in the midst of this carnival of crime, which must outrage the sensibilities of the civilized world. Many of them, with awakened consciousness of their deserts, now contemplate their doom within the walls of the prison from which they hoped to release their companions. An avenging God suddenly summoued their atrocious leader from the scene of his wickedness to the bar of judgment, and on his slain body were found his atrocious instructions, stained with his own blood. The name of Dahlgren will be handed down to history as a fit associate in infamy with Butler, and a host of lesser criminals, who have disgraced humanity, and shocked the moral sense of the world. But in these very atrocities 'you will discern the motive, if any were needed, for continued, services and fresh sacrifices. Virginia takes no step backward. Every consideration of honor, interest, duty and safety demand that we shall go forward in the grand strug- gle for human rights and human liberty, so bravely begun, and so manfully maintained. RESOLUTIONS. 81 After all that we have suffered and endured, subjugation or sub- mission to the cruel foe would reduce us to a degree of degradation and misery which has no parallel in the history of civilization. The sacrifices of Mood and ireasure that we have expended, the memories of the uohle martyrs who have freely given their lives for the achievement of lur independence, forbid that we should need- lessly throw away what has been already won, in the vain hope of obtaining peace or security. Nothing but wretchedness and untold misery await us, if \re stop short of tli'e unconditional acknowledgment of our independence. This your valor will surely command. Men of Virginia! you are soldiers of a renowned commonwealth, whose fame you have illustrated and borne aloft on every battlefield. We need not unfold to you the muniments of your right to self- government. We are assured that you fully comprehend the neces- sity of a successful assertion of that right, and that you will never lay down your arms until you have secured it. Born to an inheri- tance of freedom, you cannot hesitate to choose between slavery or death. Submission to an enemy, who has exhausted every infamy, is not endurable even in thought ; but were we base enough to desire peace upon any terms less than the unqualified recognition of our independence, self-interest alone would teach us the folly of relying upon the forbearance of a nation who have shown in every step of the war, that their faith is perfidy, and their only policy is rapine, plunder and oppression. The whole history of our former associa- tion with the northern states admonishes us that in a. common govern- ment they will never fail to employ their' power to take away our property. Their present malice springs chiefly from baffled cupidity. But for this* master passion of their nature, an honorable and speedy- peace would be easy. The war has fully developed all their pur- poses, and you now know the fate that awaits you in the event of subjugation. Your liberties will utterly perish. Your state organi- zation will be blotted out. All your property of every description will be confiscated, for all of us have participated in the revolution. Your lands will be divided out among the banditti from the north and from Europe, who have invaded our state. A'free negro popu- lation will lie established in your midst, who will be your social equals and military governors. Negro guards. will, at their pleasure, give you passes and safe conducts, or arrest you to be tried and punished i by negro commandants and magistrates : and to these, yourselves, your wives and children will be menial laborers and slaves, except i those of you whom the malice of your enemies shall reserve for the dungeon or the gallows. Such is the doom denounced for the people of the south by the wicked race now warring upon us. But we know it can never be executed. An army of veterans have resolved ..that their country shall not. be enslaved ; and while their, purpose stands, the enemy's i designs will continue to be baffled. Among you there is one spirit — : that of eager and resolute determination. The temper of the army I has reached the people' at home, and inspired them with a fresh courage and a more assured confidence. Every where we see multi- plied evidences of energy and enthusiasm. In all the states we find i the resolution to endure every extremity rather than submit; and ' with this spirit our people are invincible. The armies are filling up their ranks, and the legislation of congress has added still further to their numbers and efficiency. Those citizens who remain at home to carry on the industrial pursuits essential to. the support of the army, will see to it that you shall not want for food, while you are ex- posing your lives to protect their property and homes from rapine. The defence of the country has become its business, and every citizen is required to contribute to it in his proper sphere. The general 6 82 RESOLUTIONS. assembly of the commonwealth has taken steps to aid those families of her soldiers who may be in want, and it will not fail to do all in its power to provide for and cherish them. They have authorized and directed the purchase or impresstnent of unlimited supplies for their maintenance ; appropriated one million dollars for the relief of such as are within the lines of the enemy, and half a million as a hospital fund for the sick and wounded. An organized agency of the state distributes the voluntary contributions of patriotic citizens. Individually and collectively, in county, city and state organizations, the people with one accord are determined to feed, clothe, sustain and cherish the army. On the other hand, your enemies are appalled by the magnitude of the task before them. The loud boastings which a few weeks since they so freely uttered, have been silenced by your unanimous re- enlistments, for the war, and the stern and resolute bearing of the south. Dissensions exist among them. Eager to possess the spoils of their corrupt and profligate government," they hate each other nearly as much as they do us. The war is no longer popular. The rich are allowed to buy an exemption, and thus cast all the burden and risk upon the poor. The laboring classes have already revolted against the draft. To escape its odium, enormous bounties have been offered to volunteers; but all these expedients have failed, and again a heavy draft has been ordered. The armies of the enemy are every day diminishing, and it is evident they cannot recruit them to the numbers with which they began the struggle. A large and growing party are for peace. A still larger party have discovered that the war has so far only served to entail upon themselves a despotism which tramples down every public and private right. They feel and acknowledge that they are the slaves of one whose character has made him odious to the world. Torn by party and personal strife, and conscious of the impotence of their scheme of conquest, the ranks of your enemies are already beginning to waver. One more resolute effort, and the day is ours. God will strengthen your arms in the hour of battle, and give his blessing to a just cause. Independence and peace will be conceded by your enemies, and you, the defenders of the commonwealth, may return to your homes to receive the welcome due to the brave, and to enjoy those honors which will grow brighter as your years shall be prolonged. And when our ears shall be no longer startled by the "clash of resounding arms," and a happy, prosperous and permanent peace shall succeed, returning from the fields of your fame, you will be greeted with tears of joy by the loved ones at home — the heroes of every circle — to receive the smiles of the fair and become the theme of gratitude and praise around every hearthstone, protected by your valor. Then every heart shall rejoice in that quiet which your courage has secured. Not the quiet of deserted homes and desolated farms; of sacked cities and rifled churches; of villages in ashes and towns in ruins; but the quiet of smiling farms, when the blue smoke shall carl again above the ancestral trees, to welcome back the long exiled refu- gee to his home. The quiet of thriving villages, when the old man on his crutch and the brave and warnworn veteran with his armless sleeve, shall tell of bloody battles and scenes of privation to smiling children around him. The quiet of prosperous cities, whose wharves shall whiten with an opulent commerce: whose shops shall hum with a busy industry, and whose spires point to that haven of rest which is far away. Then from a thousand happy hearts and happy homes shall arise thanksgiving and praise to the God of battles, as of grace, while tears of gratitude will embalm the memories and bedew the RESOLUTIONS. 83 graves of the brave men whose blood has been shed as a -libation to liberty. A. D. Dickinson, Chn. \ A. J. Marshall, Andrew Hunter, Senate Committee. . « B. H. Shackelford, Chn. R. W. IiUNTEK, F. B. Deane, A. C. CUMMINGS, R. H. Baker, House Committee. No. 2. — Joint Resolution authorizing the Publication aud Distribution of the Address of the General Assembly to the Soldiers of Virginia. Adopted March 9, 1864. Resolved by the general assembly, that the address of the general Ad* assembly to the soldiers of Virginia be published in the Richmond ^"^^''0"^ newspapers for one week, on alternate days, aud that ten thousand extra copies be printed for distribution by the governor among the soldiers of Virginia, in such mode as in his judgment will best at- tain that object. No. 3. — Joint Resolutions affirming the Right of the State of Virginia to appoint all Officers needful to perform the various functions of her State Government, aud declaring certain Officers indispensable to the proper maintenance of the dignity, integrity and efficiency of the Government of the State, &c. Adopted March 10, 1864. Resolved by the general assembly of Virginia, that this state claims ciudm of *ufs as an absolute right, not relinquished or compromised in any manner by her adoption of the constitution of the Confederate States, the appointment of all officers deemed needful by her to perform the various functions of her state government, and their total immunity, except with the assevit of the legislature, so far as the same might be given consistently with the constitution of the state, from any mili- tary service or duty to the confederate government- Resolved, that the following officers of the state of Virginia, elected or appointed under and by virtue of the constitution and laws thereof, to wit : In the legislative department — The members of both houses of the Legislate general assembly) and their officers. In the executive department — The governor, the lieutenant gover- Executive nor, the secretary of the commonwealth and his clerks, the treasurer, the two auditors, and the register of the land office, and -all their regu- lar clerks provided for by law ; the board of public works and their secretary; the public printer and the printer of the senate; the adju- tant general and his clerk; the inspector general; the commissioned officers, one clerk and necessary artificers of the ordnance depart- ment, certified as such by the colonel of ordnance; the quartermaster general, and the officers and men of the public guard; the commis- sioners of the revenue, and the superintendent of the salt works and his assistants authorized by law. In the judiciary department — The judges of the court of appeals judiciary and of the circuit courts, and the judge of the hustings court of the city of Richmond; the clerks of said courts, and of the district, county and corporation courts, or a deputy clerk for each of said courts, where the clerk thereof is in the* military service of the Con- federate States; the justices of the peace, the attorney general and / 84 RESOLUTIONS, Public Powpr, /kc. of OiNtr powi govern' r attorneys for the commonwealth; the sheriff of each county and cor- poration, and the sergeant and collector of taxes of each corporation having a hustings court ; the high constable of the city of Richmond. ]u the public establishments — The professors and officers of the university of Virginia, and the superintendent and professors of the Virginia military institute ; the superintendents of fhe public hos- pitals and the lunatic asylums, and the physicians and employees employed therein, and the teachers employed in the institution for the deaf, dumb and blind; the superintendent of the penitentiary, his assistants and clerk, are indispensable to the performance of the public functions with which they are charged, and to the proper maintenance of the dignity, integrity and efficiency of the govern- ment of this state, and the public institutions thereof, and are not, and of right should not be liable to be called into the military service of the confederate government, by virtue of any law thereof, so long as they hold their respective offices under this state : provided, that all the clerks, assistants and employees between the ages of eighteen and forty-five years, embraced in the foregoing clauses, shall not be entitled to exemption, unless the person authorized by law to employ such clerk, assistant or employee, shall first certify that they are absolutely necessary for the performance of the duties assigned them, and that he does not believe he can procure the services of any per- son or persons qualified to discharge the duties assigned them respec- tively, not liable to military service. Resolved, that the governor be and he is hereby authorized and directed, in such mode as he may deem best, to apprise the proper confederate authorities that the state of Virginia claims and requires the exclusive service of the above enumerated officers, and their im- munity from all military service to the confederate government, by virtue of any law thereof. r Resolved, that the governor be further, empowered and directed to certify as to such other officers as he may deem necessary for the pro- per administration of the government, and to bring to the notice of the said authorities the presidents, cashiers, tellers, and such other officers of the banks of discount and deposit of this commonwealth as he may think necessary to the safe conduct of their business; also, airy special cases of persons whose services he may consider important to the public interest, to the preservation of order, to the security of our cities, or the efficiency of our public establishments, and request their exemption so long as they may be rendering such services, from the military service of the Confederate States. Duly of at- torney genera] No 4. — -Joint Resolution in relation to Perpetuating Testimony. • Adopted March 8, 18G4. Resolved by the general assembly, that the attorney general of Virginia be and he is hereby instructed to cause the facts and cir- cumstances of the recent raid upon the city of Richmond by Colonel Dahlgren, to be verified and perpetuated, by making a record of the evidence in relation thereto, and filing the same in the office of the secretary of the commonwealth. No. 5. — Preamble find Joint Resolution relative to the Arrest ;md Sentence i of Certain Cnizens.of Portsmouth by the Federal Authorities. Adopted March 8, 18G4. Whereas the -general assembly of Virginia have learned that the Reverend George M. Bain, cashier of the Portsmouth savings fund society, and William H. H. Hodges, cashier of the Merchants and Mechanics savings bank, citizens of Portsmouth, Virginia, the first RESOLUTIONS. . 35 earned being, over sixty ye^rs of age, and the other a cripple, have been arrested and sentenced to hard labor at Hatteras, North Caro- lina, by order of Major General Butler, or some other officer of the federal government, for alleged fraudulent disposal of the funds of their respective banks ; and that the Reverend John H. Wingfield, . rector of Trinity Episcopal church, Portsmouth, had been put to hard labor on the public streets of that city, with a ball and chain to his leg, because he refused to renounce his allegiance to this his native state : Therefore, Be it resolved by the general assembly, that the governor of the Attention of commonwealth be and he is hereby requested to invite the attention ?£ n ^|™f**'j* of the confederate government to the arrest and sentence of those invited' three worthy citizens of this "state, and to respectfully ask that the facts may be investigated ; and if found as stated and believed, that three citizens of the federal states, if there be such in the hands of the confederate authorities, be held at hard labor as hostages for these three, citizens of Virginia ; and if none, that three federal offi- cers be placed at hard labor, one with ball and chain, on the public . ' streets, and held as hostages for Messrs. Bain, Hodges and Wingfield. No. 6. — Joint Resolution in lelation to the employment of Free Negroes, &c. Adopted February 29, 1864. Whereas the congress of the Confederate States of America, by PreamMa an act passed on the thirteenth of February eighteen hundred and sixty-four, and approved by the president, entitled an act to increase the efficiency of the army, by the employment of free negroes and slaves in certain capacities, have declared that all male free negroes and other free persons of color, &c, shall be held liable to perform such duties with the army, &c. as the secretary of war, &c. may prescribe : And whereas it is provided that the secretary of war, &.C., with the approval of the president, may exempt from the operations, of this act such free negroes as the interest of the country may re- quire should be exempted, or such as he may think proper to exempt on grounds of justice, equity or necessity : And whereas large dis- tricts of this commonwealth have been deprived of a large amount of their labor by the escape of slaves, and are solely dependent upon free negro labor : And whereas it is important and necessary that this • class of labor should be permitted to remain in the districts aforesaid for purposes of production : Therefore, Be it resolved by the general assembly, that the governor be Duty of govor directed to request the secretary of war to exempt from the opera- nor iionS of this act those counties of this commonwealth in the power or possession of the public enemy, or so threatened that any attempt to remove the free negroes would endanger their escape to the public enemy. No. 7. — Preamble and Joint Resolution in relation to the dearth of Dr. D. M. Wright of the City of Norfolk. Adopted March 10, 1864. Whereas the arrival within confederate lines of the distressed Preamble family of the deceased, establishes beyond question the newspaper announcement of the execution by the federal authorities in obe- dience to the sentence of a military commission, of Dr. David M. Wright in the city of Norfolk, on the twenty-third day of October eighteen hundred and sixty-three : And whereas it is fit and proper that Virginia should place upon permanent record her high apprecia- tion of a son, whose courage, zeal and devotion marked with blood the first effort to establish upon her soil an equality of races, and in- 86 RESOLUTIONS. troduce into our midst the leveling dogmas of a false and 1 pretended civilization : • • Recognized as a 1. Be it resolved by the general assembly of Virginia, that in the martyr death of Dr. Wright this commonwealth recognizes another addition to the long and illustrious catalogue of martyrs, whose stern, inflexi- ble devotion to liberty have rendered heroic the history of her people.. . in the present struggle'. imitation of his 2. That as the proudest tribute which Virginia can offer to his tokfd k in memory, she would earnestly invoke her children, whether within or beyond the enemy's lines, to imitate his example and emulate his high resolves. To be trans- 3. That the governor of the state be requested to transmit a copy mitted to family f tn j a preamble and these resolutions to the family of Dr. Wright- together with assurances of the sincere sympathy of the general assembly. No. 8. — Joint Resolution giving certain Instructions to the Board of Public | Works. Adopted February 26, 1864. Duty of board Resolved by the general assembly, that the board of public works of public works b e instructed to use the power vested in it by law to secure an ade- quate supply of fuel to and transportation of salt from the salt works, according to the order of priority established by the general assem- bly, at its late extra session, in connection with the report of the joint committee on salt, in respect to salt for Georgia. No. 9. — Preamble and Joint Resolution authorizing the Secretary of the Commonwealth to certify the result of the Elections in the second and thirty-first Senatorial Districts, without awaiting- the lapse of time required by law.' Adopted February 2, 1864. Preamb!- Whereas elections have been held to supply the vacancies in the second and thirty-first senatorial districts; and it appearing that tho senators elect cannot take their seats until the expiration of forty-two days after the day of election, under the act passed March twenty- fourth, eighteen hundred and sixty-three, entitled an act to provide representation for the counties where the courthouses are in the pos- session of the public enemy; and there appearing to be no good or substantial reason why the senators elect from the said districts « should not be declared elected, and admitted to the floor of the se- nate : Therefore, Power of secre- Resolved by the general assembly, that the secretary of the com- tary of common- monwealth be and he is hereby authorized to certify' the result of said elections, without waiting for the lapse of said forty-two days, to the end that representation may be secured to said districts as early as possible : provided, that the rights of no contestant shall be prejudiced hereby. No. 10. — Joint Resolution in relation to the convening of tbe General Assembly. Adopted February 27, 1864 Governor re- Resolved by the general assembly, that the governor be and he is quested t^on- hereby respectfully requested to convene the general assembly on the first Wednesday in December eighteen hundred and sixty-four ; but this application is not intended to interfere in any manner with the exercise of the discretion vested in the governor by the constitution, should he think proper for any cause to convene the general assem- bly at an earlier day. RESOLUTIONS. 87 No. II. — Resolution concerning the Pay of Soldiers in the Confederate •' States Army. Adopted December 18, 1863. 1. Resolved, that in the opinion of the general assembly of Virginia, increase h» some provision for the increase of the pay of the soldiers in the army j^ 1 ' 1 '"^?* 7 of the Confederate States should at once be made by the congress of the Confederate States ; and that the senators from Virginia be in- structed and the representatives in congress be requested to take im- mediate steps to pass a law providing for such increase of pa}' as will, under the present circumstances, be just and adequate to supply the wants of the soldiers in the army. ' 2. Resolved, that the governor of this commonwealth be requested To be tran«- to communicate the passage of the above resolution to our senators ™. 1 ^ d t0 coa ' and representatives in congress. No. 12. — Joint Resolution for the appointment of a Committee to enquire into the Treatment of Conscripts at Camp Lee. Adopted February 25, 1864. Whereas it has been stated in the public press of this city and Preamble elsewhere, that the conscripts at Camp Lee have been subjected to harsh and inhuman treatment, and it is due alike to the officers in charge and to the conscripts, that such a charge should be investi- gated : Therefore, Resolved by the general assembly, that a joint committee of three investigating on the part of the senate and five on the part of the house of dele- c ™"" 51 ** gates be appointed to enquire and report whether any, and if any, what abuses or inhumanity may have been practiced or tolerated at Camp Lee, in the treatment of conscripts, and that they report to the assembly the result of their investigation. No. 13. — Joint Resolution in regard to the requisition for Slaves to work on Fortifications. Adopted February 19, 1864. Whereas, in view of the pressing importance of making extraor- Preamble diuary efforts to produce as large crops as possible the present year: And whereas the recent requisition by the confederate authorities for slave labor to work on fortifications will, if carried out, interfere seriously with the farming productions of the state : Therefore, Be it resolved by the general assembly, that the governor of this Release of state be respectfully requested to confer with the authorities of the slaves sag^ 1 *** 1 Confederate States, and urge upon them the necessity, in the present emergency, of releasing the slaves from sant requisition, if in the judgment of the confederate authorities this release may be granted consistently with the necessities of the military situation. No. 14. — Joint Resolution in relation to B. F. Mun'ay, Sheriff of Shenan- doah County. Adopted February 29, 1804. Whereas it is represented that B. F. Murray, sheriff of Shenan- Preamble doah county, transmitted to the seat of government the sum of twelve thousand five hundred dollars, to be placed to his credit on the taxes collected by him for the year eighteen hundred and sixty-two, which, by a misapprehension, was credited against his collections for the year eighteen hundred and sixty-three : Be it therefore resolved by the general assembly, that if the audi- Auditor autho tor of public accounts shall be satisfied that the payment was impro- rized to correct error RESOLUTIONS. perly credited to the taxes of eighteen hundred and sixty-three, he may correct the credit, by applying the same to the taxes of eighteen hundred and sixty-two. liOBB^P Of h luv>=! &c to be re- ported to audi- tor Auclinir to re port to legisla- ture No. ]5. — Joint Resolution instructing the Auditor of Public 'Accounts to obtaiu certain information from the Commissioners of the Reveuue, anu to. communicate the same to the General Assembly, at its next Session. Adopted Mardh 10, 1864. Resolved by the general assembly, that the auditor of public ac- counts give instructions to the commissioners of the revenue in the several counties of the commonwealth, to make out and return to his office detailed statements, in such statistical form as he shall pre- scribe, of the losses of slaves and other property, personal and real ; also churches, courthouses, records and other public property, sus- tained by the citizens thereof, with a list of the owners thereof, from the commencement of the existing war to the first day of July eigh- teen hundred and sixty-four, specifying the losses in each fiscal year, and the value thereof at the prevailing prices of eighteen hundred and sixty ; and showing the productions of agriculture in those fiscal years, compared with the said products in the year preceding the existing war; and that the auditor lay the details so obtained before the general assembly at its next session. Keeper of rolls to correct error No. 16. — Joint Resolution authorizing- the Keeper of the Rolls to correct a Clerical Error. Adopted March 10, 1864. Resolved by the general assembly, that the keeper of the rolls of Virginia be directed to correct a clerical error in an act passed Janu- ' ar} T twenty-ninth, eighteen hundred and sixty-four, entitled an act extending the jurisdiction of the circuit court of the town of Dan- ville, so as to insert "county" instead of "circuit" court. SEPARATE ELECTION PRECJINCTS. GxiZT^tZ^Z^ CM P^gne; New Church; Corbin and Fletchers; Mapp's . uuinora, JNewstown; Onancoclv; Pungoteague ^^ JZW^e-Court-hou«e; Lindsay's Turnout; Everettsville; Stony Point- Earlev«vill«- Alexandria— Five districts-Identical with magisterial districts. " Allcghany-Comt-house; Robert Skeen's Hotel; John O, Taylor's- Geonrp Stnll'- Clifton Forge; Jabez Johnston's ; Griffith's Mill ; Fork Run ' g ' -dmcfta— At the same place as magisterial elections. |oakS""" ra_C ' n " r '- h0 " Sei ^"-Acdemji^kyChapel; HSnmert,, Spout Spring, H,S:;;^f a L s n ? t uraei "" ; Nu,ter,s; "-**« ^m.^zSs.iSss*, G,S;''^U°7'" 1 " >US ' i! C magistrates. Powhatan— .-Court -house; Clarke's Mill; Macon; Sub'ett's. Preston — Brandon ville; Miller's; Burners; Feather's; Summit School house; Germany; Graham's; Huddlesin's; Kingwood; Martin's; Independence; Evaiisville; Nine's; Funk's. Princess Anne — Court-house; Kemps ville; London Bridge; G a PpV Shop; Creed's Bridge; Black water. Prince Edward — Court-house; Marble Kill; Spring deck; Prospect"; FarmVille; Ss/ody Riv.r. Prince George — Court-house; City Point; Lilley's Sckeoi-house; '.(utile's Precinct; Harrison's Stoie; Templeton. 1'rinci: Williarn%7-l)a.m$c'uiS\ Cole's; Occoqiiaii; Reeve's; Br< ntsviile; Kinchelon's ; Haj- maiket; Ludley. Vuli'ski — Courfrhouse; Brown's; Galbreath's; Ruper's; 'i horn Spring Camp. Putnam — Court-house; Bailey's; Pncatalko; Alexander's; Rod House; Jones'; Hurri cane Bridge; Wheeler's; Buffalo; Eighteen Mile Precinct. Raleigh — Same places as magisterial elections. Randolph — Com? House; Pennington's; Miuenr's; Taylor's; Kemp's; Lee. Rappahannock— Washington ; Sjerryville; Yates'; Amissville.; Catherine Deatheridgec Richmond < ity — .leffersolu Ward; Madison Ward ; Monroe War>l. Richmond County — Courthouse; Stony Hill; Tavern House; Farnham Church; Lyell's Stole. Ritchie. — Karrisville; Skeiton's; Leedan's; Ireland's; Deems'; Rawgon's; Tebbs'; Murphy's. Roanoke — Courthouse; H\g Lick ;« Cave Spring; Burnett's. Rockbridge — Court-house; Brownsburg; Fairfield; Natural Bridge; Collierstown; Kerr's Creek; Trevey's; Hamilton's School-house; Paxton's School- house; Wilson's Shop; Broad Creek; Goshen. Rockingham — Harrisonburg; Keezlefown; MeGaneysville; Conrad's Store; Sparrapolis; Heuti n's Mills; Gordon's Store; Bowman's Mill; limber ville; Menonite School-house; JSfidgewater; Ottobine; Witiig's Store; Sprinkle's Store; Taliaferro's .store; Port! Re- public; Mount Crawford; Samuel Coots'. Russell — Court-house; Grizle's; Pound; Holly Creek; Guest's Mountain; Castlewood's ; 92 SEPAEATE ELECTION PRECINCTS. Fugate's.; Hanson's: Aston 'a Store; Cook's Mills; Dorton's; Baylor's Store; Gibson's; Hendriek's Store. Scott — Court-house; Wineger's; Hart's; Smith's; Puilleng's; Nickelsville; Alley's; Osborne's, Ford; Stony Creek; Peters'; Rye Gove; Carter's; Neil's; Roller's. Shendndoalir— Court-house: Strasburg; Crossroads Meeting-horrse; Conner's Church; Town Hall; Keller's School-house; Edinburg; Columbia Furnace; Mount Jackson; Crossroads School-house ; New Market; Forrestville. Smyth — Court-house: Broad Ford; Hays'; Sanders'; St. Clair's Bottom; Burton's Store; Ashlin's; Atkins'. Spotsylvania — Court-house*; Fredericksburg; Mount Pleasant; Andrews'; Chancellor's. Stafford — Court-house; White Oak; Master's; Tackett's Mill; Falmouth: Coakley's; Harwood's ; Acquia. Southampton — Comt-house; Drewrysville; Crosskeys ; Joyner's; Murfee's; Black Creek Church; Berlin; Faison's Store. Surry — Four districts — At the same places as for election of magistrates. Sussex — Court-house; Comanu's Mill; Henry; Stony Creek; Newville; Owen's Store. Taylor — Court-house; Mahaney; Reed's; Claysville; Knottsville; Haymond's; Fetter- man; Grafton. Tazewell — Court-house; Repass; Tiffany's; Mouth of Slate; Gibson's; Crabtree's; Litzeville; Liberty Hill; Tugg. Tyler — Court-house; Centreville; David John's ; Hammond's; Underwood's; Dancer's; Sistersville; Pleasant Mills. Upshur — Court-house; Reedy Mills; Simpson's Mill; Posty; Marples; Marshall's; Chesney's. Warren — Court-house; Boyd's Mill; Bentonville; Leary's School-house; Cedarville; Howellsville. ' Warwick — Three precincts — The same as for election of magistrates. Washington — Court-liouse; Clark's; Davis'; Waterman's; Merchant's; Gobble's; Mills'; Worley's; Williams'; Morell's; Fullen's School-house; Clark's; Kelly's School* house*; Delasko Mills ; Ons'; Miller's; Good Hope; Green Spring. Wayne — William Crum's. (No other returned.) Westmoreland — Court-house; Hague; Warrensville ; Oak-Grove. Wetzel — Court-house; Forks of Proctor; Knob Fork; Church's; Cohom's; Ice's; Wiley's School-house. , Williamsburg — Court-house. Wirt — Court-house; Foster's; Petty's. Wood — Precincts at the same places as election for magistrates. Wyoming — Court-house; Cad's', Rhincheart's; McKinney's; Bailey's; Lester's. Wythe — Eight districts — Precincts at same places as ior election of magistrates. York — Three districts— Precincts at the same places as for election of magistrates TABLE Showing the Times for the Commencement of the Regular Terms of each Circuity County and Corporation Court, Counties and corporations Accomack, Albemarle, Alexandria, Alleghany, Amelia, Amhemt, Appomattox, Augiuta, Barbour, Bath, Bedford, Berkeley, Boane, Botetourt, Braxton, Brooke, Brunswick, Buckingham, Cabell, Calhoun, Campbell, Caroline, Carroll, Charles City, Charlotte, Chesterfield, Clarke, Clay, Craig, Culpeper, Curnbtrland, Dauville, Dinwiddle, Doddridge, Elizabeth City, Essex, Fairfax, Fauquier, Fayette, Floyd, Fluvanna, Franklin, Frederick, Fredericksburg, Giles, Gilmer, Gloucester, Goochland, Grayson, Greenbrier, Greene, Greenesville, Circuit courts. When terms commence. Circuits. 5. 1st Monday in May and 1st; flay of November, 10. 2d Monday in May ajid Oct. 9. 3d Monday in May and 2d Monday in November, 14. 13th April and September. 2. 25fh April and 20th Oct'r, 10. 22d March and August, 3. 21st April and September, 11. 1st June and November, 21. 8th May and October, 11. 15th May and October, 4. 25th April and September, 13. 24th April and September, 15. 2d Monday after 4th Mon- day 'in April and Sep'r, 14. 1st April and September, 19. 27th April and September, 20. 18th March and August, 2 27th March and 2d Oct'r, 3. 5lh April and September, 18. 27th March and August, 19. .12th April and September, 3. 18th May and October, 8. 1st March aud 18th Sept'r, 16. Monday before hist Monday in March and August, 6. 18th May and November, 3 25th Mareh and August, 2. 7th May and 12th Nov'r, 13. 12th May and October, 15. 1st April and September, 14. 15th March and August, 10. 1st Monday June and Nov. 3. 5th March and August, 3. 22d March and August, 2. 20th March and 26th Sept. 19. 22d May and October, 6 15th March and September, 8. 25th April and 12th Nov'r, 9. 1st Monday June and Nov. 9. Tuesday after 1st Monday in April avid September, 15. 7th June aud November, 16. 1st Monday April r.nd Sept. 10. 10th April and September, 4. 15th May and October, 13. 10th Juue and November, 15. 20th May and October, 19. 19th April and September, 6. 13th April and October, 10 1st A]*il and September, 16. 4th Monday April and Sept 14. 1st May and October, 10. 3d Monday Jime and Nov. 1. 28th April and 2d Nov'r, County and corpora- tion courts. Monthly terms. Last Monday, First Monday, Fourth Monday, Third Monday, Fourth Thursday, Third Monday, Thursday after 1st Monday, Fourth Monday, First Monday, Second Monday, Fourth Monday, Second Monday, Wednesday after 2d Monday, Second Monday, First Tuesday, Last Monday, Fourth Monday, Second Monday, Fourth Monday, First Tuesuay >-.fcer 4th Monday, Second Monday, Second Monday, First Monday, Third Thursday, First Monday, Second Monday, Second Monday in June aud 4th in other months, Secoud Monday, Fourth Monday, Third Monday, Fourth Monday, Thursday sifter 2d Monday, Third Monday, Fourth Monday, Fourth Thursday, Third Monday, Third Monday, County and corporation courts. Quarterly terms. March, May, August, Novem. Do. June, do. do. Feb'y, May, do. do. March, Ju«e, do. do. Do. May, do. do. Do. June, do. do. Do. May, do. do. Do. do. do. Octo'r. Do. June, do. Novem, Do. do. do. do. Feb'y, May, July, do. March June, August do. Do. do. do. do. Do. do. do. do. Do. do. do. do. Feb'y, May, July, do. March do. f\U'*U8t, do. Do. do. do. do. Do. June, do. do. Do. do. do. do. Do. do do. do. Feb'y May, do. do. March June, do. do. Do. May, do. do. Do. June do. do. Do. do. do. do. Feb'y, May, July, Octo'r. March, June, August, Novem. Do. do. do. do. Do. May, do. do. Feo'y, do. July, Octo'r. March, June, August, Novem. Do. Do. Do. Do. Do. May, June, May, do. Juue, do. do. do. do. do. do. do. do. do. do. Fourth Monday, Do. May, do. do. Thursday after 2d Tuesday, Do. June, do do. Thursday after 3d Monday, Do. do. do. do. Fourth Monday, Do. May, do. do. First Monday, Do. June, do. do. Monday before 1st Tuesday, Do, do. do. do. Second Thursday, Do. do. Octo'r Decern. Second Monday, Do. do. August, Novem. Tuesday af-er 3d Monday, Feb'y, do. do. do. First. Monday, March May, do. do. Third Monday, Do. do. do. do. Fourth Monday, Feb'y, do. July, do. Fourth Monday, March June August do. Wednesday afler 2d Monday, Do. do. do. do. First Monday, Bo. May, do. Octo'r 94 TIMES AND PLACES OF COURTS. Counties Circuit courts. County and corpora- tion courts. Monthly terms. C'>unty and corp oration avid corporations. When terms commence. courts. Quarterly terms. Circuits Halifax, 3. 1st .May and October, Fourth Monday, March, June, Auj't Novem, Hampshire, 13. 1st Apt 11 and September, Pont th M mdayv Do. do. do. do. Hancock, 20. iOth .March and August, Tuesday after 2d Monday, Jan'y, April, June, October. Hanover, 8. 10th March and 26th Sept, Fourth Tuesday, F-b'y, April, July, Novem'r. Harrison, 21. 15th Ayiil and September, First Monday, March, June, Augu st, do. Hardy, 12. 20t!) April and Septe'mber, Monday h fore 1st Tuesday, Do, do. do. do Henrico, fi. 23d April and 18th October, First Mo day, Do. May, no. do. Hen r v, 4. 1st April and September. Second Monday, Do. June, do. do. Hi gt) land, 12. 2d May and October, Thursday after 3d Monday, Do. May, do. Octo'r. We of Wight, 1. 16 th May and 18th obel F S mday Do. June d». Npvein. Jackson, 18 2d May and October, Second M nday, Feb'y, do. do. do. James Ciiy and "Wi.liamsburg, 6. 25'h Slav and NoT-e i*h -r. Second Monday, March, do, do. Octo'r. JefftrsoD, •13. 20th May and October, Secnd Monday in June aad irober, 3d in other mouths, Do. do, do. do. Kanawha, 18. 27th May and October. Third Monday, Fei.'y, do. do. Novem. King George, 8. 23d March and I2rh Sept. First Thursday, March, do. do. do. King & Queen, 8. 2d May and l°oh Xov'r, Firs' Thnrsd ty, Do. May, do. do. King William, 8 13th May and 25rh Nov'r, Fourth Monday, Do. do. d ■>. do. Lancaster, 8. 15fh Ajuil and 2d Nov'r, Third Monday, Oo. do. do. do. Lee, 17. 2d Monday -after "4th Mon- day iti April and Sept'r, - - Do. June, do. do. Lewis, 19. 8th May and October, ' Second Monday, April, d .. do. Septent, Logan, 15. 1st Monday afrer 4th Mon- day in April and Sept'r, Third Monday, March, do. do. Novem. Loudoun, si. 4th Monday in April and 3d Monday in October, Second Monday, Do. do. do. do. Louisa, 10. 20th April and September, Second Monday, D... do. do. do. Lunenburg, 2 13th April anttStfa Oct'r, Second Monday; Do. May, do. do. Lynchburg, 3. 3d June and November, First Monday, Do. June, do. Octo'r. Madison, 10. 1st Monday Mar. and Aug. F mrtli Thursday, Feb'y. do. do. do. Marion, 21. 10th Jurfe. and Noveflib . , Fir.-t Monday, March, do. do. Novem. Marshall, 20. 1st M*y and October, 1'hird Monday, Do do. do. do. Matthews, b". b'th April and September, Se >nd Monday, Oo. May, do. do. Mason, 18. 18th April and September, First M'ond iy, Feb'y, June, do. do. M-ckleaburg, 2. 2d April aad I5lh Sept'r, Third Monday, Do. May, do. do. Mercer. 15 27 tb May and October, Thursday after 21 Mm day, March, June, do. do. McDowell, 17 ist Monday Mar. and. Aug, Second Mot tday, D>. do. do. do. Middlesex, 6. 1st April and October, Fourth Wednesday, l>o. May, do. do. Monongalia, 20. prif and (September, Fourth Monday, Do. June, do. do. Monroe, 14. 12lh May and October, Third Monday, Do do. do. do. Montgomery, Ifi 21 Monday in Ap 1 and Sep. Firs; Monday, Do do. do. do. Morgan, 1.3 irh May and O -lob-r, Fourth Monday, Do. do. Sept do. Nansemond, 15. With April and 12th Oct'r, Second Monday, D >. do. Aug. do. Neljon, 10. 27th April and September, Fourth Monday, F.b'y, May, July, do. New Kent, 6. lOtli May and November, Second Thursday, March, do. Aug. do. Nicholas, 15. 6th April and September, Mo-, day before 21 Tuesday, D i. Jane, d >. do. Norfolk city, 1. 1st June and 15lh N >v'r, Fourth Monday, Feb'y, April, July, October. Norfolk county, 1. 1st April and 28;h Sept'r, • Third Monday", March, June, Ang't Novem'r. Nor I ham p: 5. 3d Monday ia Ap'l and Sep. S 'cond Monday, D>. do. Sep-. do. Northumberland, 8. 9tb April and 28th Oct'r, Seem 1 Monday, Do. M tv, Aug. do. Nottowav, 2. 20»h April and loth Oct'r. First Thursday, D>. do. do. to. Ohio, 20. lOih May and October, Fir-t. Monday, Feb'y, July, Sept'r Decern Orange, 10. 1st May and October F -unii Monday, March, May, Aug't, Novem'r, Page, 12. 11th April and S»pteinber, Fourth Monday, Feb'y, do. July, do. Patrick, 4. 12th April and September. Fourth Monday, Do. do. do. Ax Pendleton, 12. 27th April and September, Thursday after 1st Tuesday, March, June, Sept'i do. Petersburg, 2. 22d May, 16th Novenib- r, Third Thursday, D i. do. do. Decern. Pittsylvania, 4. 28th May and October, Third Monday, Do. do. August, Novem. Pleasauts, W. 3Cth May aod October, Thursday after 21 Monday, Feb'y, May, July, Oct Pocahontas, 14. 231 April and Septimh r, First Tuesday. March, June, Aug't N •vein. Pewhatan, • 2. 2.1 May and 27th October, First Wednesday, Do. do. do. Octo'r. Preston, 21. 18th March an i Augu. t, Second Monday, Feb'y, May, July, Nov Princess Anne, 1. 25th May and 22d Sept'r, Kir-it Monday, March, June, Aug. do. Prince Edward, 3. 15th March and August. Third M mday, Feb'y, May, July. do. Prince George, o 17th May aod 12th Nov'r, Second Thursday, March, do". Aug't, do. Prince William, 9. 2d Monday in Slay and Oct. First Monday, Do. Juue, do. do. Pulaski, ie 3d Monday April and Sep Thursday alter 1st • Monday, Do. do. do. do. Putnam, 18. 8'h April and September, Fourth M'nday, Do. do. do. do. Raleigh, 15. 3d Monday April and Sep. First Monday, D >. do. do. do. Randolph, 21 2Sth May and October, Fourth Monday, Do. do. do. do. TIMES AND PLACES OF COUKTS. 95 Conntips Circuit courts. County and corpora- tion courts. Monthly terms. County and corporation and corporations. When terms comm»nce. cuurts. Quarterly terms. Cirr.u its. Rappahannock, 9. 3J Monday in March and 1st Monday in October, Second Monday, March, May, August, Novem. Richmond city, 7. 1st May and November, s.-cond Monday, Jan'y, April, July, October. Richmond co. & 3d April and 231 October, First Monday, March, May, August, Novem. Ritchie, IS). 15th April and September, Tuesday after 1st Monday, Feb'y, J tine, . do. do. Roane, 18. 17th May and October, First Moud«y, Jan'y, April, July, Septem. Roanoke, 14. 22d March and August, Third Monday, March June, Aug't, Novem. Rockbridge, 11. 12th April and September, Monday before 1st Tuesday, Do. do. do. do. Rockingham, 12. 11th M-ty and October, Third Monday, Feb'y, May, do. do. Russell, 17. 4th Monday April and Sep. Tuesday after 1st Monday, March, Juno, do. do. Scott, 17. 3d Monday after4th Monday April and September, Tuesday after 2.1 Monday, Do. do. do. do. Shenandoah, 19. 30ih March and August, Monday before 2d Tuesday, Do. do. do. do.. Smyth, 17. 1st Monday April and Sep. Tuesday after 1st Monday, Do. do. do. do. Southampton, 1. 21 May and 7th October, Third Monday, Do. do. do. do. Spotsylvania, 8. 20th May and Hth Oetoher, First Monday, Do. do. do. do. Stafford, 9. 4th Menday Mar. and Sept. Third Wednesday, Do. do. do. - dj. Staunton, "~ Wednesday after 1st .Monday, Feb'y, May, July, October. Surry, 1. 10th May and 25th Oet'r, Fourth Monday, March, do. August, Novem, Sussex, 1. 24th April and 29th Oet'r, First Tliursday, Do. do. do. Oeto'r. Taylor, St. 4lh March and August, Fourth Monday, Do. June, do. Novem, Tazewell, 17. Last Monday Mar. and Aug. Wednesday after 1st Mondav, F«b'y, May, July, October. Tucker, 21. 22d May and October, Third Monday; March, June, Aug't, Novem. Tyler, ' M. 22d April and September, Second Monday, Do. do. do. do Upshur, •a. 4th April and September, Third Monday, Do. do. do. do. Warren, 12. 25th March and August, Third Monday, Do. May, do. do. Warwick, b\ 2ist March and September, Second Mondty, Do. June, do. Decern, Washington, 17. 21 Monday April and Sep. Fourth Monday, Do. do. do. Novem Wayne, 18. 20th March and August, Tuesday after 1st Man day, Do. do. do. do. Webster, 15. 14th April and September, Fourth Tuesday, Do. do. do. do. Westmoreland, 8. 28th March and 18th Oet'r, Fourth Monday, April, May, do. do, Wetzel, 30. 12th April and September, Tuesday after 1st Monday, Feb'y, do. July, October. Williamsburg, 6. 25th May and November, Fourth Monday, March, June, Aug't, Novem, Winchester, _ _ •■ _ First Saturday, D«. May. do. do. Wirt, 19. 3d April and September, Tuesday after 4th Monday, Feb'y, June, do. do. Wise, 17. 1st Monday after 4th Mon- day in April and Sept'r, Fourth Monday, March, do. do. do. Wood, 19. 5th June and November, Third Monday. Feb'y, do. do. do. Wyoming, 15 4th Monday Apiil aud Sep. Friday after 3d Mon- day, March, do. do. do. Wythe, 16. l--t Monday May and Oet'r, Second Monday, Do. do. do. do. York. ti. 2»ito March and Septpmber\ Third Mondav. Do May. do. Oetn'r. RECEIPTS. 1862. Oct. 1, To balance, per last annual report, - - - 434,778 96. To receipts in October 1862, - - - 2,576,089 71 Nov. To do. in November 1862, - * - 1,092,624 27 Dec. To do. in December 1862, - - 2,355,626 82 $6,459,119 76 1863. Jan. 1, To balance brought down, - - - 1,910,236 74 To receipts in January 1863, - - - 3,262,429 27 Feb. To do. in February 1863, - - - 567,734 23 March To do. in March 1863, - - - 778,340 27 $6,518,740 51 April I, To balance brought down, - - - 606,139 84 To receipts in April 1863, - - - 435,234 35 May To do. in May 1863, - - - 1,273,203 05 June To do. in June 1863, - M - - 1,668,108 23 $ 3,982,685 47 July 1, To balance brought down, - - - 2,287,223 35 To receipts in July 1863, - - 959,846 71 Aug. To do. in August 1863, - - - 580,616 68 8ept. To do. in September 1863, - - - 825,141 92 $4,652,828 66 Oct. 1, To balance against the treasurer this day, exclusive of the funds under the direction of the second auditor, - - $1,377,868 95 DISBURSEMENTS. By amount of warrants paid in October 1862, By do. do. in November J 862, By do. do. in December 1862, Balance December 1862, 2,739,186 65 700,911 93 1,108,784 44 1,910,236 74 $ 6.459,119 76 By amount of warrants paid in January 1863, By do. do. in February 1863, By do. do. in March J 863, Balance March 1863, 4,950,341 49 708,168 04 254,091 14 606,139 84 ; 6.518.740 51 By amount of warrants paid in April 1863, By do. do. in May 1863, By do. do. in June 1863, Balance Jane 1863, 382,775 37 130,501 77 1,182,184 98 2,287,223 35 $3,982,685 47 By amount of warrants paid in July 1863, By do. do. in August J 863, By do. do. ■ in September 1863, Balance September 1863, 3,051,739 21 77,717 33 145,503 17 1,377,868 95 $ 4,652,828 66 Total amount of warrants issued by the auditor from the 1st October 1862 to the 30th September 1863, inclusive, Add warrants Nos. 5073, 6625, 6638, 6687, 6752, 6791, 6847, 6559, Deduct warrants Nos. 2907, 5405, 5450, 5576, 5579. 5580, 5581, 766 00^ 520 99 21 00 I 25 00 i Issued prior to the 1st Oct. 1862, 15 96 f 100 00 28 00 J 19 00J and paid since that day, 25 00 ^ 108 80 | 131 04 I Issued prior to the 1st Oct. 1863, 75 00 } and unpaid on the morning of 2,678 05 that day, 515 95 I 68 50 J Paid by the treasurer in the fiscal year 1862-3, 15,434,770 25 737 61 15,435,507 86 3,602 34 M 5,43 1,905 52 Auditor's Office, October 1863. ADDRESS TO SOLDIERS OF. VIRGINIA. Address, 79-83 Resolution for publication of, 83 ADJUTANT GENERAL. Salary of, Of qlerk in office of, APPROPRIATIONS. General appropiation bill, First year ending October I8S4 : Civil department, Military department, Annuities and similar claims, -Criminal charges, Second year ending- October 1855: Civil department, Military department, Annuities and other claims, Criminal charges, ARMORY. Act for lease of land near, ARMY AGESTCY. Act to establish, Agent, how appointed. Duty of agent, Where agency located, Clothing, how supplied, Lodging for soldiers, Transportation of goods, Agent may employ clerks, Compensation of agent. Subsistence and lodging, Band of agent, Appropriation, Certain sections of act of 18G3 repealed, ARREST OF DESERTERS. Act of 18(53 amended, Duty of justices, Deserter, how committed, Slate forces, haw called out, Power of officers, Failure to discharge duty, When deemed a misdemeanor, Jn case jail is insecure, Duty of presiding justice, Court, how convened, Patrol, how called out, Orders of court, how certified, Act to be given in charge to grand juries, ARTILLERY,* Act for protection of state, 4-5 6 6-7 48 22 ASHLAND. Act to amend charter of, Charter amended, Powers of president of council, Of sergeant, 67 67 67 67 ASSISTANT KEEPERS OF PENI- TENTIARY. Salary of, 27-3 ATTORNEY GENERAL. Salary of, 25 ATTORNEYS FOR THE COMMON- WEALTH. Act to increase pay of, 29 Allowance to, 29 In Richmond, Lynchburg and Peters- burg, 23 AUDITOR OF PUBLIC ACCOUNTS. Salary of, 20 BAKER, R. P. Act for relief of sureties of, 74 Sureties released, 74 Sheriff not released. 74 BALL, WILLIAM B. Act for relief of, 76 Claim released, 73 BANKS. Act. as to debts payable to, in enemy's lines, 48-9 When debts due to, may be paid, 48 Proviso, 49 BANK OF PETERSBURG, Act to increase capital of, 73 Capital stock increased, 73 BIBB. R. F. & D. G. Act for relief of, 74-5 Preamble, 74 Parties released, , 75 BOARD AND LODGING OF JURORS. See Jurors. BOARD OF PUBLIC WORKS. Act to" authorize, to increase rates of toll on rail roads, &c. 35-7 See Rates of toll. Joint resolution giving instructions to, 88 100 INDEX. BONDS AND OTHER SECURITIES OF COUNTIES. Act to ratify issue and sale of, 46 Justices to be summoned, 46 Order, how entered, 46 Under what acts of assembly, 46 Ratification to relate back, 47 87 Criminal jurisdiction, Terms of courts. 46 46 BRIDGE WATER. Act to amend charter of, Corporate limits extended, Powers of mayor, Of sergeant, CAMP LEE. Joint resolution as to treatment of con- scripts at, CARRYING SLAVES ON BOATS. See Slaves ou boat*. CATAWBA RAIL ROAD COMPANY. Act to incorporate, * 66 Company incorporated, 66 Capital, H6 CENTRAL LUNATIC ASYLUM. See Treasurer of Central lunatic asylum. CHANGES IN CODE. As to election of judges, 51 Allowance to jurois, 51-2 Service of process, 52 Fees of commissioners in chancery, 52 Concerning patrols, 53 Sheriffs and commissioners, 53 Insurance on tobacco, 53-4 Sale of slave convicts, 54 Punishment of free negro convicts, 54 Harboring slaves, 55 Appointment of directors, &c. 55 County levies, 55 Clothing for lunatics, 56 Funds of lunatic asylum, 56 Virginia military institute, 56-7 Church property, 57 Charges by boats and boat owners, 39 CHARLOTTESVILLE. Act to amend charter of, 66 Charter amended, 66 Powers of council, 66 CHARLOTTESVILLE SAVINGS BANK. Act to reduce directors of, 73 CHEROKEE INDIANS. Act as to transfer of bonds held for, See Transfer of bonds. CHURCH PROPERTY. Act concerning, Code amended, Amount of land to be held, 9-10 CIRCUIT COURT OF DANVILLE. Act extending jurisdiction of, 45-6 Act amended, 45 Court established, 45 Its powers, 45 CIVIL RIGHTS AND REMEDIES. Act to extend time as to exercise of, 41 See Limitations. .CLERICAL ERROR. Resolution for correction of, 88 CLERK OF CIRCUIT COURT OF RICHMOND. Act to increase salary of, 30 CLERKS OF COMMITTEES. Compensation and duties of, 27 CLERKS OF COURTS. See Fees of clerks of courts. CLERKS OF COURT OF APPEALS. Salaries of, 25 CLERK HOUSE OF DELEGATES. Salary and duties of, 27 CLERKS IN OFFICE OF FIRST AUDITOR. Their salaries, 26 CLERKS IN OFFICE OF SECOND AUDITOR Their salaries, 26 CLERKS IN OFFICE OF REGISTER. Salaries of, 27 CLERKS IN OFFICE OF SECRETARY OF COMMONWEALTH. Salaries of, 27 CLERKS IN OFFICE OF TREASURER. Salaries of, 26 CLERK JOINT COMMITTEE ON SALT. Act to compensate, 28-9 CLERK SENATE. Salary and duties of, 27 CLINCH RIVER. Act to make, lawful fence. 73 COMMERCIAL AGENCY. Act creating, 33-5 State agency, 33 Commercial agent. 33 Bond of, 33 Not to be interested, 33 Storehouse, 33 Requisition on factories, 34 Penalties, 34 Duties of agent, 34i Goods, how sold. 34 Agents of county courts, 34 In case of presence of enemy,. 34 Bonds required, 34 What counties may receive, 34 Powers of agent, how revoked, 34 Money, how paid in, 34 INDEX. Appropriation, 34 When may be withdrawn, 34 limitation of amount, 35 Report of agent, 35 Commissioner to examine accounts, 35 Salary of agent. 35 Of his clerks, 35 COMMISSIONERS IN CHANCERY. Act concerning fees of,' 52 COMMISSIONERS OF REVENUE. Act allowing, to be employed by con- federate government, 53 COMPENSATION OF GENERAL ASSEMBLY. See General assembly. CONFEDERATE STATES PORCELAIN COMPANY. Act to incorporate, 65 Company incorporated, 65 Powers, 65 Capital, 65 CONFEDERATE TREASURY NOTES. Act as to receipt of, in payment of public clues, 8 What notes to be received, 8 Notes issued prior to 1st April 1864, 8 When discounted, 8 Notes, how received, 8 When to be paid in, 8 Oath of officer, 8 Act of September 1863 repealed, ' 8 Act to be published, 8 See Funding and conversion. CONSCRIPTS. See Camp Lee. CONVERSION. See Funding and conversion. I COTTON, COTTON YARNS, ETC. Act for purchase, &c. of, 33-5 See Commercial agency. COUNTY COURTS. Act to authorize, to change place of session, 46 How place of session changed, 46 Provision for poor, 46 COUNTY LEVIES. Act in relation to, 55 Code amended, 55 How assessment made, . 55 Basis for levy, 55 COURT OF APPEALS. Act to change place of session of, 45 Act of 18o3 amended, 45 Court, where held, 45 Library may be removed, 45 Appropriation, 45 DAHLGREN RAID. Resolution as to testimony as to, 84 DANVILLE. Act as to acquisition of lands by coun- cil of, Purposes, DAVIS, MADISON J. See Urqubart, A. B. DEBTS DUE TO BANKS. See Banks. 68 68 See DESERTERS. Arrest of deserters. DESTRUCTION OF ENCLOSURES, &c. See Enclosures, etc. DIRECTORS AND PROXIES. Act as to appointment of, 55 Code amended, 5*5 How appointed, 55 DISABLED SOLDIERS. See Education of disabled soldiers. DIXIE BOYS. Act for payment of, 78 Auditing board to settle citiiin, 78 Auditor to issue warrant, 78 DOORKEEPERS OF SENATE AND HOUSE OF DELEGATES. * Compensation of, 27 DOUGLAS, WILLIAM R. C. Act for relief of, 75 DUNN, LEE A. Act for payment of, 75 DUTIES AND LIABILITIES OF RAIL ROAD AND EXPRESS COMPANIES. Act declaring certain, 35-7 See Rates of toll. EDUCATION OF DISABLED SOLDIERS. Disabled soldiers to be educated at uni- versity, 29-30 ELECTION OF JUDGES. Code as to, amended, 51 Election postponed during war, 51 ELECTION OF STATE SENATORS. Preamble and resolution as to, in 2d and 31st districts, 86 ENCLOSURES, ETC. Act to prevent destruction of, 57 What to constitute misdemeanor, ' 57 Justice to issue warrant, 57 ENGINEER OF SALT WELLS. Act to compensate, 28-9 ENGLEMAN, PETER. Act for relief of, 74 Amount appropriated, 74 102 INDEX. EXEMPTION OF STATE OFFICERS. Joint resolution as to, 83-4 Claim of state, 83 Legislative, 83 Executive, 83 Judicial, 83 Public establishments, 84 Powers atid duties of governor, 84 EXPRESS COMPANIES. Duties and liabilities of, 35-7 See Kates of toli. FACTORIES, COTTON. Requisitions on, 34 FAMILIES OF SOLDIERS. Act for relief < > f " T ' i t i enemy's lines, 24-5 Amount appropriated, 24 Commissioners appointed, 24 To Whom funds to be distributed, 24 Bond of agents, 24 Proviso, 24 Funds, how raised, 25-5 Bank notes, how obtained, 25 Payments, how made, - 25 Proceedings to be reported, 25 FARMERS AND MECHANICS INSU- RANCE COMPANY OF RICHMOND- Act to amend charter of, 62 Charter amended, ("52 Capital, . G2 FEES OF CLERKS OF COURTS. Act authorizing increase of,. 31 Commencement and duratioD, 3i FEES OF CLERKS OF COURTS FOR CERTAIN SERVICES. In case of felony, , 31 {Services to public, 31 Allowance by court, 31 FEMALE SLAVE. CONVICTS, See Slave convicts. FENCE LAW. Act as to, amended, 40 Counties included, 49 FIDUCIARIES' ACCOUNTS. Act for settlement of, in certain cases, 42-3 How settled in counties in power of enemy, 42 Publication, 42 Jurisdiction of courts, 42 Recordation of instruments, 42 Accounts, how settled, 42 Where returned and recorded, 43 Penalty, 43 Duty of clerk, 43 FREE NEGRO CONVICTS. Act for jiunislniunt of, 54 Code, amended, 54 What deemed felony, 54 FREE NEGROES. Resolution as to employment of, 85 Pienmble, Duty of governor, m 85 FUNDING AND CONVERSION. Act as tq, 8-9 Commission appointed, $ Notes, how funded, | Bonds, how sold, Amount, 76 INSURANCE ON TOBACCO. Act to repeal act authorizing', 53-4 Code amended, 53 Liabiiiiy of inspector, 53 INTERNAL IMPROVEMENT COM- PANIES. State subscription to certain, repealed, 38-9 JAILORS' FEES. Act concerning, Hnw fixed by court, From what time to be paid, Proviso, Act of 1863 continued, JAMES RIVER AND KANAWHA COMPANY. Act to authorize, to regulate tolls, 39 JUDGES. See Eleetionof judges. JUDGES OF COURT OF APPEALS. Salaries of, 25 JUDGES OF CIRCUIT COURTS- Salaries of, 26 JURORS. Act as to, in ciimiual cases, Code ami nded, Board and lodjrinjr, Y> ■ ■ & &V .. . . JrroviMon as to certain cities, , LEASE OF LAND. Act as to, near armory, LIMITATIONS. Act as to, amended, Limitation, See Civil rights and remedies. LOSSES OF PROPERTY. Resolution as to, LUNATICS. Act as to clothing of, Code amended, Allowance '('or clothing, Application (o asylum, MAYO'S BRIDGE. Act to amend act regulating tolls on, 51 -y 52 52 52 Rates of toll, Penal tu s. 70 70 MEETING OF GENERAL ASSEMBLY. Resolution as to, 83 MILITIA. Act for organization of 19th regiment of, Examining boatd, Mow composed, MILITIA OF THE LINE. Act to disband 179th regiment of, MILITIA OFFICERS. Act vacating commissions of, MORGAN, WILLIAM J. Act for relief ot, Amount appropriated, MURRAY, B F. Resolution for relief of, NAVIGATION COMPANIES. Act to regulate charges on, How charges prescribed, Penalties, how imposed, How recovered* NINETEENTH REGIMENT. Commissions of officers not vacated, Act for organization of, 20-21 20 20 20-23 74 74 87 39 30 39 29 20 20-2.1 NOTICES. Act prescribing mode of serving, in cer- tain cases, 43 NORFOLK CITY. See Raleigh and Gaston fail nsad company. Who may hold, Proviso. OFFICE. 53 53 ORDER OF PUBLICATION, See Process. ORDINARY LICENSE. 48 Art to prohibit granting of, Where not to he granted, Confiscation and sale, 47 41 41 41 PAGES OF SENATE AND HOUSE OF DELEGATES. Act to increase pay of, 28 Pay of, 28 83 PATROLS. Act concerning, Compensation of, 53 53 56 56 56 56 70 PAY OF "SOLDIERS. Resolution as to, 67 PENITENTIARY. Act reorganizing, Property attached to penitentiary, 1 in whose custody, 14-20 14 1* 104 INDEX. Where prisoners to be employed out of the penitentiary, Penitentiary continued, Confederate States prisoners, Proviso, Annual examination, Governor to prescribe rules, . Printed copies, how posted. Record of conviction to be kept, Property of convicts, Committee to give bond, Committee may be sued. To render account, To deliver estate on discharge of convict. When estate to be committed to sheriff or sergeant. How estate of convict may bo sold, Treatment of new convicts, Money of convicts, how disposed of, Convict to subscribe to rules, How employed, How kept and clothed, Labor of convicts, Social intercourse, Tbeir diet, Accounts for diet, how certified. Washing and whitewashing, Governor to prescribe hours of labor. Time and condition of visiting prison, When convicts allowed to walk in yard, When to be employed on public grounds, Locked in cells on Sunday and at, night, Punishment for misbehavior, What allowed prisoner on discharge, Duties of surgeon, '■ Hospital, Report of condition of sick, Who allowed to visit penitentiary, Repair of buildidgs, &c. Price of manufactures, how fixed, Commission of investigation, how ap- pointed, •», Witnesses, how summoned. Compensation of witnesses, Oath of interior guard and officers. Duties of public guard, Allowed to carry arms. Trade with convicts prohibited, Clerk of penitentiary, his duties, Residence of superintendent, Power of superintendent to appoint assistants, Delivering clerk and gate keeper, Acting superintendent, how designated, Proceeds of sales, how paid into trea- sury, Duty of auditor to report failure, Governor may suspend superintendent, Advancement to superintendent, how made, Purchasing -clerk, his duties, Duties of rail roads as to transportation, Work for lunatic asylums, Receipt, how furnished, General annual account, Commission to audit account, Force of public guard, how commanded, 19-20 Convicts, how guarded outside of, 20 Of the interior guard, 20 14 U U 14 14 15 15 15 15 15 1"> 15 15 15 15 15 15 15 15 16 16 i.; 16 16 16 16 16 16 16 16 16 16 16 16-17 17 17 17 17 17 17 17 17 17 17 17 18 18 18 18 , 18 18 18 18 19 1? 19 19 19 19 19 Reward for prisoners, Bond of superintendent, PETERSBURG. Act to amend charter of, Charter amended, Elections, how conducted, Officers, how appointed, Writers, Polls, how kept. Tickets, 20 20 66-7 66 67 67 67 67 67 PORTERS SENATE AND HOUSE OF DELEGATES. Act to increase pay of, 28 Pay of, 28 PORTSMOUTH. Preamble and resolution as to arrest of citizens of, 84-5 Preamble, 84 Attention of authorities of confederate government invoked, 85 POSSE COMITATUS Act to authorize summons of, to enforce impressments, 44-5 PREPAYMENT OF TARE. See Troops and munitions of war. PRESERVATION OF RECORDS Act as to, in Warwick, &c. 72 Preamble; records, 72 Compensation, 73 PRESIDENT OF SENATE Compensation of, 25 PRINCE, W. E Act for relief of, 76 Amount, 76 PRINTER OF SENATE Act to increase salary of, 30 PROCESS Act concerning service of, 52 Process, how served, 52 Order of publication, 52 Unknown parties, 52 PRODUCTION AND DISTRIBUTION OF SALT. See Salt. PROPERTY DESTROYED BY ENEMY. Resolution as to, 88 Losses to be reported to auditor, 88 Auditor to report to general assembly, 88 PROVISION FOR POOR See County courts. PROXIES. See Directors and proxies. RAIL ROADS. Duties and liabilities of, See Rates of toll. 35-7 INDEX. 105 RAIL ROAD AND OTHER COM- PANIES. Act authorizing-, to pay indebtedness to state, 37 RALEIGH AND GASTON RAIL ROAD COMPANY. Act for collection of dividends due to Norfolk city by, 50-51 Agent appointed, 50 Duties of agent, 50 How to be expended, 51 Report to auditor, 51 Guarantee of state, 51 Bond, bow given, 51 RATES OF TOLL. Act to increase, on rail road and other companies, 35-7 How increased. 35 Tariff, 35 How revised, 35 Power of board of public works, 35 Lights, fire and water, 35 Penalties, 35 Ticket offices, 36 Connecting roads, 36 Power of board of public works, 36 Exigencies of military service, 36 Through tickets. 36 Loss of baggage, 36 Liability of company, 36 How, if company dissatisfied, 36 As to express companies, 37 Packages, for soldiers, 37 Duties of express companies, 37 Fines for failure, 37 Liability as common carriers. 37 RATIFICATION OF ISSUE AND SALE OF COUNTY BONDS. See Bonds and other securities of counties. RECORDS. See Preservation of records. REGISTER OF LAND OFFICE. Salary of, 27 REPORTER OF COURT OF APPEALS. Salary of, 125 REQUISITION FOR SLAVES. Resolution as to, RICHMOND. CITY INSURANCE COMPAN1. Act to incorporate, Power to make insurance, . Capital, Affairs, how managed. Transfers, Commissioners, Capital, how increased, 87 61-2 6J 61 61 61 6! 62 Company incorporated, Capital, 63 RICHMOND GLASS MANUFACTURING COMPANY. Act as to charter of, 63 Preamble, 63 Charter confirmed, 63 8 RICHMOND IMPORTING AND EX- PORTING COMPANY. Act to amend charter of, 62-3 Company incorporated, 63 Corporate name, 63 Capital, 63 Affairs, how managed, 63 ROANOKE FEMALE COLLEGE. Act to incorporate, Preamble, College incorporated, Duty of trustees, Power of, Duty of treasurer, Capital, how raised, Stockholders not liable, Diplomas, 68-70 69 69 70 70 70 70 SALARIES. Act to amend act of 1863, 26-8 Not to apply to officers not. now in office, 28 Officer to receive no other compensation, 28 SALT AGENTS. Act as to failure by, to deliver to per- sons entitled, 13 Fines for failure, 13-14 SALT. Act of 1883 amended, 12 Power of superintendent, . m Officers, how appointed, 12-13 Salt, how distributed. 18 Duty of supervisors, 13 Bond of agents, 13 How taken, 13 Provisoes, n SALT— IMPRESSMENT OF S, \LT WELLS, ETC. Impressment authorized, to Time property to be held, 110 Slaves, &c. 10 Dwelling houses, 16 Land, 10 Furnaces, how impressed, u Appurtenances, n Salt wells, how taken possession of. n Compensation, how ascertained, M Assessors appointed, 11 Award, n Report of assessors, ii Possession, ii Appeal, ii Injunction not to be awarded, ii Standing wood, ii Duty of governor. ii Powers continued, 12 Transportation, 12 Transportation from other roads, J!2 8alt to confederate army, 12 Amount appropriated, 12 SECOND CLASS MILITIA. Commissions of officers not vacated, 106 INDEX. Salary of, SECRETARY Salary of, SECOND AUDITOR. 26 OF COMMONWEALTH. 26 SECRETARY OF BOARD OF PUBLIC WORKS Salary and duties of. 28 SENATORIAL DISTRICTS. Resolution as to elections in second and thirty -first, 86 SERGEANT AT ARMS. Salary of, for senate and house of dele- gates, 27 SETTLEMENT OF ACCOUNTS. See Fiduciaries' accounts. SHEEP AND WOOL. Act; for protection and increase of, 49-50 Preamble, 49 Sheep not to be slaughtered for sale, 50 Duty of justici s, 50 In case of injury by dogs, 50 Remedy against owner, 50 Proviso, 50 SHERIFFS AND SERGEANTS. Act to increase allowance to, 30 Code amended, 30 Allowance, 30 Proviso as to Richmond city, 30 SHERIFFS & SERGEANTS— FEES OF. Act to increase fees of, 31-3 Code amended, 31 For conveying prisoner to jail, • 31 Taking bond," 31 Impanneling jury, 31 Elegit, 32 Distringas, 32 Support of prisoners, 32 Rate to be prescribed by county court, 32 For stock, 32 Powers of court. 32 Keeping property, 32 Commissions for sale of goods, 32 On forthcoming bonds, 32 Code amended, 32 Conveying prisoners to jail, 32 Expenses allowed, 32 Venire fecias, 32 Whipping, 33 Sentence of death, 33 Attendance on circuit courts, 33 SHERIFFS .AND COLLECTORS OF TAXES. Act allowing employment of, by con- federate government, 53 SLAVES ON BOATS. Act as to unlawful carrying of, 40 Penalty, 40 Owner responsible,., 40 Penalty on slave, 40 SLAVE CONVICTS. Act to authorize sale of, 54 Code amended, 54 Slave, how sold, 54 As to female slave and children, 54 SLAVES ON FORTIFICATIONS. See Requisition for slaves. SPEAKER HOUSE OF DELEGATES. Compensation of, ' 25 STONEWALL INSURANCE COMPANY. Act to incorporate, 59-6J Company incorporated, 59 Insurance, how made, 59 Money deposited, 59 Funds, bow invested, 59 Capital, 59 How payable, 59 Affairs, how managed, 59 Officers, 59 Clerks, &c. 59 Agents, 60 Dividends, 60 Transfers, 60 Proviso, HO Stockholders, how liable, 60 General meeting, 60 Quorum, 60 Directors, how appointed, 60 SUBSCRIPTION TO INTERNAL IM- PROVEMENT COMPANIES. Act to suspend, by state, 38-9 SUPERINTENDENT OF SALT WORKS. Power to appoint subordinates, 12-13 Their salaries, 13 SUPERINTENDENT OF PUBLIC BUILDINGS. Salary and allowance of, 28 SUPERINTENDENT OF PENITEN- TIARY. Salary of, ' 27 SUSPENSION OF ACT IMPOSING TAXES. See Taxes. SYLVIA, MATTHEW. Act releasing state's claim to land to, 78 TAXES. Act suspending act as to, 3 Preamble, 3 Rights, &c. reserved, 3 License required, 3 No assessment to be made, 3 TOBACCO. See Insurance on tobacco. TRADING ON BOATS. Act to suppress, 39-40 Articles not to be bought, from or sold to slaves or free negroes, 39 I Exception, 39 INDEX. 107 When master liable to fine, 39 Trading by boat hands, 39-40 Fine, 40 In case of second conviction, 40 Inspectors, how -appointed, 40 Penalty, 40 How removed, 40 TRANSFER OF BONDS. Act as to, held in trust for certain Indians, 9 Preamble, 9 Bonds, how transferred, 9 Certificates canceled, 9 New certificates, 9 Interest, how paid, 10 Principal and interest, 10 TRANSPORTATION OF TROOPS AND MUNITIONS. See Troops and munitions of war. Salary of, TREASURER. 26 TREASURER OF CENTRAL LUNATIC ASYLUM. Act as to, 56 Code amended, 56 Deposits, where made, 56 TROOPS AND MUNITIONS OF WAR. Act as to transportation of, 38 As to troops, 38 As to munitions, 38 UNKNOWN PARTIES. See Process. UNION FEMALE COLLEGE. See Roanoke, female college. UNION MANUFACTURING COMPANY. Act to amend charter of, 64 Charier amended, 64 Capital, 64 UNIVERSITY OF VIRGINIA. Act to increase salaries of professors of, 29 Salaries of professors, 29 Duration of act, 30 URQUHART, A. B. & ALS- Act for relief of representatives of, Preamble, Power of courts, Proceedings, 77 Limitation, 77 VIRGINIA FIRE AND MARINE INSURANCE COMPANY Act to amend charter of, 65J Charter amended, 6'i! Capital, how increased, 62 VIRGINIA MILITARY INSTITUTE. Act making additional appropriation to, 47 Amount appropriated, 47 Duty of auditor, 47 Act amending Code as to, 56-7 Code amended, 56 How cadets may be admitted, 56 When application to be made, 57 VIRGINIA PORCELAIN & EARTHEN- WARE COMPANY Act to incorporate, 64-5 Company incorporated, 64 Powers, 64 Capital, 65 VIRGINIA AND TENNESSEE SAIL ROAD COMPANY. Ac,t to authorize increase of capital, 38 How to be increased, 38 WARWICK. ELIZABETH CITY, ETC See Preservation of records. WILLIS'' RIVER. Act amending act as to, 71-2 Powers of trustees, 71 Term of service, 71 Vacancies, how filled, 71 When river public highway, 71 Rates of toll, 71-2 Duty of collector, 72 WILLS, PROBATE OF Act to authorize, in certain cases, 42 Proof of handwriting of witnesses. 42 Reservation of rights, 42 WRIGHT, DR. DAVID M. Preamble and resolutions as to death of, 85-fc Preamble, 85 Resolutions to be transmitted to family, 86 WYTHEVILLE AND GRAYSON TURNPIKE. Act incorporating, amended, 4.1 Corporators, 41 Board of public works to subscribe, 43 RARE BOOK COLLECTION THE LIBRARY OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL 2275 Conf , c. 2