Ifio-

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yVw^'

ACTS

OF THE

GENERAL ASSEMBLY

OF THE

STA.TE OF 'VIEG-IIS'IA.,

PASSED AT CALLED SESSION, 1862,

IN THE
I

EIGHTY-SEVENTH YEAR OF THE COMMOM^ALTH,

RICHMONDt

WILLIAM F. RITCHIE, PUBLIC PRINTER.
1862.

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ACTS

PASSED AT THE

CA-LLED SESSIOiSr, 1862.

Chap. 1. — An ACT to provide for the production, distribution and sale of
Salt in this Commonwealth.

Passed October 1, 18C2.

1. Be it enacted by the general assemblj-, that the governor of i^owers of gr-
this commonwealth may adopt every such measure and do every ^'^^^'^'■
such act as in his judgment may be necessary and proper to be done,

in order to secure the possession, production or distribution to con-
venient places, of such quantity of salt as will in his judgment be g
sufiBcient to supply the people of this commonwealth : and to that Faith of com-
end, may bind the faith of the commonwealth for the performance uowTiedged
of such contracts and engagements as he may determine to be neces-
sary and proper ; and may exercise full authority and control over
the property and franchises of any person, firm or company in this
commonwealth, whenever he shall judge it to be necessary and
proper to exercise the same, in order to secure the possession, pro-
duction or distribution of the quantity of salt aforesaid: provided, Washington and
that nothing herein contained shall be construed to authorize the '"^"^"^ '^^l*. ,

o works not to ut-^

purchase of the Smyth and Washington or Kanawha salt works, or Purchased
any freehold interest therein.

2. If, in the opinion of the governor, in order to obtain a speedy property, how
and sufficient supply of salt, it shall be expedient to do so, he may ^'^^^'^^' *^-
seize, take possession of and hold and exercise full authority and

control over the property, real and personal, of any person, firm or
company, and any engines, machinery or fixtures and other property
or thing necessary for the production of salt in tliis commonwealtli,
whenever he shall judge it to be necessary to exercise the power
hereby conferred, in order to secure the production and distribution
of the quantity of salt aforesaid.

3. If, by the exercise of the power conferred by the second sec- what contracts
tion of this act, any property should be taken in relation to which *° '"' respected
there may be existing contracts with the Confederate States, or any

of the states of the Confederate States, or with any county, city or contracts with
town in this commonwealth, entered into by virtue of an act of the be"regpectert ''

4 SALT.

^ geneftl assembly, entitled an act to authorize the county courts to
purchase and distribute salt among the people, and provide payment
whnt cor.tracts for the samc, passed IMaj" ninth, eighteen hundred and sixty-two, or
to be respi-cted any contract with individuals for the benefit of any county, city or
town, which contract may have subsequently been adopted by such
county, city or town, under the act aforesaid : provided, that such
contracts with and for said counties, shall not be respected for a
larger amount of salt than the twenty pounds for each inhabitant pro-
posed b3' the lessees to be furnished in the proposition on which said
act was founded, the same shall be respected, and the supply of salt
"When contracts Or Salt water SO contracted for shall be furnished. If a sufficient
to be disre- ' supply of Salt Water cannot be obtained at the wells now producing
ffardeci ^^Ij. ^j^j-gj,_^ f^j. ^j^g production of a sufficient supply of salt for the

people of the state, or cannot promptly be obtained from new weils,
then the governor is empowered to disregard, in whole or in part,
wten other such contracts with the states of the Confederate States ; but if a
furnished surplus of water may exist, then the governor is directed to furnish

to the other states of the Confederate States, out of any surplus of
salt water that may remain after the supply of a sufficient quantity
Proviso to the state of Virginia : provided, that nothing in this act shall be

so construed as to authorize the governor to prevent the owners of
* salt property, or their assignees, from manufacturing and selling salt

from salt water, or fossil salt remaining after all the uses of the state,
imder the provisions of this act, are supplied.

When rail roads 4. The govcmor may take control of any rail road or canal in this
may e a en gt;a,te, if necessary for the transportation of salt for distribution, or
for the transportation of fuel or other thing necessary for the pro-
duction of salt ; but the power conferred by this section shall not be
so exercised as to interfere with the transportation of troops, muni-
tions of war and army supplies, by the confederate government.

Places of distri- 5. The governor shall designate places in the commonv^'ealth from
which the sale and distribution of such salt may be made to citizens
Knies and regit- of this commonwealth, and prescribe rules and regulations for the
PiibUcation Sale of the same, and the prices at which it shall be sold. When
such prices shall be so prescribed and publishl^d for two weeks in
some newspaper published in the city cf Eichmond, the sale of such
salt at any higher price than the pi'ice so prescribed, shall be a mis-
demeanor, and the sale of each bushel, or any part of a Jbushel
thereof, at a rate higher than the price so prescribed, shall be a sepa-

vioiation of rate offence. Any violation of the rules and regulations so pre-
mies a misde- ••!_ j i ii i • i tt • i.- c

meanor Bcribed, shall be a misdemeanor. Upon conviction of any person

under this act, he shall pay a fine of not less than one hundred nor
more than two thousand dollars.

Agents, how 6. If the governor shall find it necessary to employ agents to re-

Bond*'^^ ceive money for the sales of salt, he shall require them to give bond,

SALT. 5

with such penalty as the governor may require, with good security,

to be approved by the governor, payable to the commonwealth, with How payable

condition to pay all money received from the sale of salt, into the

treasury,- to the credit of the commonwealth, at the end of each

month.

7. The sum of five hundred thousand dollars is hereby appro- Amount appro-
priated, to be paid out of the treasury, upon warrant to be issued by

the auditor of public accounts, upon the orders of the governor in Orders of go-
writing, to be given only in payment of liabilities incurred for the
purposes of this act.

8. For the use of any of the property, real or personal, which Damages, how
may be used, occupied, possessed or controlled by the governor, a Boai-d of as-
board of assessors, to be eomyosed of five persons not members of '''^''^°'"^

the general assembly, who shall be appointed by a joint vote of the
two houses, a majority of whom may act and shall concur, shall assess
reasonable compensation or damages ; which shall be paid on the Damages, how
written order of the governor, upon a written assessment, to be ^^^
signed by a majority of the members of the board, with their affi-
davits that such assessment is, in the opinion of the board, reason-
able and just. Such assessment shall be delivered to the governor, Assessment de-
to be filed by him in the office of the secretary of state : and a copj^ vemor °
thereof shall be forwarded by the secretary to the person, firm or
company who may be entitled to the compensation or damages ; and wiien assess-
unless such person, firm or company shall, within thirty days after
such copy shall be delivered to them, refuse, by written objections,
to accept the same, such assessment shall be deemed to be final. If wiien appeal
the governor, on behalf of the state, or if any such person, firm or
company shall, within thirty days after such assessment shall have
been so filed with the secretary of the commonwealth, file such writ-
ten objections with the secretary of the commonwealth, and in the
office of the circuit court of the city of Eichmond, an appeal shall
lie from such assessment to the said circuit court ; and the proceed-
ings thereon in said court shall be according to the provisions of
chapter fifty-six of the Code of Virginia, as far as the same are ap-
plicable thereto, except that the commonwealth shall not be required
to pay the compensation or damages to the party entitled thereto, nor
into court, before the decision of the appeal. No order shall be injunction not
made, nor any injunction awarded by any court or judge, to stay any " '^ ^'^^^ ^
proceedings of the governor, or his authorized agents, under this act.
The board shall be convened at such times and places as the governor Board, how
may order, and shall be paid each the sum of four dollars per day, °°'^^'^'^^'*
and actual expenses incurred in traveling ; to be paid by warrants
to be issued upon the orders of the governor.

9. This act shall be in force from its passage, and shall continue Commencement
in force until the expiration of the present war.

PUBLIC DEFENCE.

CiiAP. 2. — An ACT to further provide for the Public Defence.
Passed October 3, 1862.

Eutv of
veriiur

1. Be it enacted by the general assemhly, that the governor of this
commonwealth shall> when requested by the president of the Con-
federate States, be aiad he is hereby authorized and required from
time to time to call into the service of the Confederate States, for
labor on fortifications, and other works necessary for the puldic de-
bei- limited fence, for a period not exceeding sixty days, a number of male slaves
between the ages of eighteen and forty-five years, not exceeding ten
thousand at any one time, and not exceeding in any county, city or
town five per centum of the entire slave population thereof. Such
requisition shall be apportioned ratably among all the slaveholders in
the several counties, cities and towns on which the requisition shall
be made. The sum of sixteen dollars per month for each slave shall
be paid by the Confederate States to the holders-of the slaves, and
Yalwe of slaves, soldier's rations, medicines and medical attendance furnished; and
the value of all such slaves as may escape from the confederate an-
thorities and not return to their owners, or be seized or killed by the
public enemy, or may, by want of due diligence on the part of the
tiuthorities of the Confederate States, in any manner be lost to the
owners, shall be paid by the Confederate States to the owners of
such slaves, and in like manner compensation shall be made for any
injury to slaves arising from a want of due diligence on the part of
the authorities of the Confederate States ; and in those cases the
burden of proof shall be on the authorities of the Confederate States
to discharge the latter from liability to the former. Slaves hired by
indi^'iduals having other slaves, shall be regarded as in the posses-
sion of their owners, and classed accordingly in regard to confederate
service.

.Siaves, how
' .illed out

P^r centage iu
vountie.s

^Compensation

"when to be paid

Farther provi-

hiouM

Burden of
proof

Slaves hired,
how regarded

Notice to coun-
ties, how given

E,equisitions,
how filed

How directed

2. Be it further enacted, that so soon as the governor shall call
out a force of slaves from any or all of the counties, cities and towns
of the commonwealth, under this act, he shall give notice thereof to
the several Counties, cities and towns on which the call may be made,
by causing to be filed with the clerks of the several county and cor-
poration courts, copies of the requisitions made ©n their respective
counties, cities and towns. It shall be the duty of the said clerks forth-
with to issue a summons to all the acting justices of their respective
counties or corporations, requiring tjiem to meet at the courthouse of
the county or corporation on a day to be named iu the summons, not
later than three days from the filing of the requisitiou, to carry the
same into effect ; which summons shall be directed to and executed
by the sherifi" of the county or sergeant of the corporation, as the
case may be.

Duty of county
courts

3. It shall be the duty of the several county and corporation courts,
after being duly summoned as aforesaid, and not less than five justices

PUBLIC DEFENCE. i

beinsr present, to call to their assistance the commissioners of the Commissioners

° ^ T • 3 r °*' revenue

revenue of their respective counties and corporations, and atter as-
certaining the entire slave population thereof, to apportion, without Reqmsitions.
delay, the requisitions aforesaid, ratably among all the slaveholders tioned
yf the county or corporation, throwing into classes, when necessary. Classes, when

, ^ -, T ••iii vtol'e made

the holders of but one or few slaves, and ascertaining, by lot, or by
agreement between the parties, the slave or slaves to be sent to the
fortifications from such classes : provided, that in no case of a soldier Proviso as to
in the confederate army, owning or hiring but one male slave, shall
the said male slave be subject to requisition under this act.

4. So soon as the apportionment aforesaid shall be made, it shall be slaves, vv-iien t©
the duty of the courts of the several counties and corporations to re- sherhf"
quire each slaveholder to deliver, on a day and at a place to be ap-
pointed by the court, not more than three days from the date of the

order, his quota of slaves to the sheriff or sergeant, as the case may be,

to be. delivered by such sheriff or sergeant to an agent or officer of the sheriff to de-

Confederate States. All slaves delivered by the holders on the day JJagent

and at the place designated as aforesaid, to be returned at the espi- slaves, when to

ration of sixty days. Slaves not delivered in accordance with the yrhlaYiaves

or^er of the court, shall be seized by the sheriff or sergeant, as the ^""^ '^^ ^'''^''*^

case may be, and delivered to the agent or officer of the Confederate

States authorized to receive them, who shall thereupon execute a

separate receipt to each owner for the slave or slaves, naming them,

■so delivered by him, and may be held on the terms and conditions

aforesaid, for a period not exceeding ninety days.

5. The clerk and sheriff or sergeant shall attend the sessions of the Duration of
court as in other cases ; and the court shall continue in session from '^°'^"^^
day to day until the business shall be completed.

6. Should any county or corporation court fail or refuse to dis- when court
charge the duties hereby imposed upon them, it shall be the duty of ^^ty "jup^'ge^'^'''
the clerk of such court immediately to notify the governor thereof;

and thereupon it shall be the duty of the governor, by officers and powers of
agents of his own selection, with the aid of the commissioners of the^**^®™*""
revenue of the respective counties, cities and towns, who are hereby
directed to render such aid when required, to impress into the service w^hen slaves
of the Confederate States, from any such county, citj^ or town, the™g-^gg^™'
proportion of slaves demanded by him from such county or corpora-
tion, not exceeding five per centum of the entire slave population
thereof, apportioning the same among the slaveholders, as herein
above set forth, as near as may be, and holding the same not longer now long they
than ninety days for the uses and upon the terms and conditions set "^^^ '^^ retained
forth in the first section of this act,

7. In making the requisitions authorized by this act, the governor Burden to b*
ia requested to equalize the burden, as nearly as may be, among the ^i^^^^^'i

Regard to be
had to number
of glaveapre-
vionsly mr-
uished

PUBLIC DEFENCE. — MILITARY AFFAIRS.

several counties, cities and towns of the commonwealth, and amongst
the citizens thereof, having, when practicable, due regard to the
number of slaves heretofore furnished by any counties or corpora-
tions, or the citizens thereof, under any call heretofore made by the
president or secretary of war, or any ofBcer of the confederate army.

"When certain 8. So soon as a requisition may be made upon any county, city or
8iave8 furnished, towu, it shall be lawful for any number of persons who may be re-
owBer^** °^ quired to furnish not less than thirty nor more than forty slaves, to
place such slaves in charge of an agent or overseer selected by such
owners, who shall deliver them to the confederate authorities, at the
place where the labor is to be performed, at tlie espense of the Con-
federate States; and such agent or overseer, if a fit and proper per-
son, shall be employed by the confederate government as the agent
or overseer in charge of the slaves during their service of sixty days.

Overseer, how
appointed

.Subsistence,
how commuted

9. The owner of any slaves may furnish subsistence and provisions
to his slaves, and in such event shall be allowed commutation in
money in lieu of rations, at the rate of sixty cents a day.

■■ . ■:■, 10. All slaves sent voluntarily by their owners and accepted by
the agents of the confederate government, shall stand on the same
footing as if sent in pursuance of the proceedings required by this act.

Acceptance by 11. Any request for slaves made by the president on the governor
.States under this act, shall be regarded an assent to and acceptance of all

its provisions by the Confederate States.

Commencement 12. This act shall be in force from its passage.

Wlen militia
officers may be
removed by
governor

Chap. 3. — An ACT for the dismissal of Militia Officers for treason or
. disloyalty.

Passed October 6, 1862.

1. Be it enacted by the general assembly, that whenever any offi-
cer of the militia shall be guilty, in the opinion of the governor, of
treason or disloyalty, it shall be lawful for the governor to remove
such officer ; and the vacancy thereby occasioned shall be filled in
the mode now prescribed by law. The senate shall at all timeg
have power to reverse the action of the governor ; and thereupon
the commissions issued in consequence of such dismissal, shall be
Proviso void : provided, that no officer shall be dismissed, except in cases

where he cannot be arrested and served with the charges and specifi-
cations against him, as is at present provided by law.

Reasons to be 2. It 'shall be the duty of the governor, in all cases of removal, to
governor ^ assign liis reasons therefor, in writing, and communicate the same to
the next general assembly.

Commencement 3. This act shall be in force from its passage.

MILTTAET AFFAIRS.

Chap. 4. — An ACT amending and re-enacting' an act amending and re-
enacting the-2d section of chapter 22 of the Code of Virginia, respecting -,
persons exempt from all military duties, and providing the mode of ex-
emption, passed February 18th, 1862.

Passed October 1, 1862.

1. Be it enacted by the general assembly, that the act amending Act iS62
and re-enacting the second section of chapter twenty-two of the

Code of Virginia, respecting persons exempt from all military duties,
and providing the mode of exemption, passed February eighteenth,
eighteen hundred and sixty-two, be amended and re-enacted so as to
read as follows :

" § 2. The following persons only shall be exempt from the per- who exempted
formance of all military duties, to wit : the vice-president of the
Confederate States ; the oiEcers, judicial and executive, of the go-
vernment of the Confederate States ; the members of both houses of
congress, and the clerk of each house ; all custom house officers ; the
lieutenant governor, and all the members of the general assembly,
during the term for which they were elected or appointed ; the secre-
tary of the commonwealth, and his clerks ; the clerks of the house
of delegates and senate ; the judges of the court of appeals and cir-
cuit courts, attorneys for the commonwealth, and the justices of the
peace ; tlie clerk of each of said courts, and of each county and cor-
poration court; judge of hustings court; the sheriff of each county,
and the sergeant and collector of taxes of each corporation having a
hustings court, and the commissioners of the revenue ; the attorney
general, the treasurer, two auditors, register of the land office, su-
perintendent of the penitentiarj', and their clerks and assistants ;
every minister of the gospel licensed to preach according to the rules
of his sect ; superintendents of t^he public hospitals, lunatic asylums,
and the regular nurses and attendants therein, and the teachers em-
ployed in the institution for the deaf and dumb and blind ; one phy-
sician to each two thousand population, to be selected by the board
herein after constituted ; the president, the general superintendent
and two local superintendents of the southern telegraph companies,
in no case to exceed four persons ; the president and superintendent
of transportation of each rail road company; the president, secre-
tary and chief collector of each canal company. No one shall be
exempt from draft by reason of his being an agent of a commissary
or assistant commissary, or quartermaster or assistant quartermaster,
whether said commissary or assistant commissary, or quartermaster
or assistant quartermaster be in the service of the Confederate States
or of this state, or by reason of his holding any office or commission
in the militia : and^whenever any militia officer is drafted for actual
service, his commission shall be vacated."

2. If the constituted authorities of any city shall, within twenty officers of city,
days after any draft has been made therefrom, apply to the governor °^ exempted

MILITARY AFFAIRS.

for the purpose, he shall exempt from actual military service any
drafted person who may be, at the time of the draft, an officer of
such city, or in its seryice, in connection with its gas or water works
or fire and police departments ; and if within twenty days after any
draft, the president and superintendent of anj^ rail road, canal and
telegraph company shall certify, upon their honor, to the governor
that the services of any drafted person, who is an officer or employee
of such companj', are necessary to the efficient operation of the said
road, the governor may, in his discretion, exempt such person from
actual military service. Any person exempted under this section
shall be deemed to be detailed for duty in the post or place he filled
at the time he was drafted, without pay as a soldier; and in case he
shall leave the service of such city or company, he shall at once be
remanded to the military service for which he was drafted ; and if
any such person shall fail, for ten days after leaving such service, to
report himself to the governor or to some militarj' officer for duty as
a soldier, he shall be proceeded against as a deserter. The governor
shall promptly cause the places of all persons exempted under thig
section to be filled by further draft from the respective counties,
Duty of mayor, cities and towns from which such persons were drafted. It shall be
the duty of the president or mayor of the city, or company, as the
case may be, promptly to report to the governor the name of any
person so exempted, who may have left the service for which, he was
- detailed.

Powers of
governor

When exempt
remanded to
service

How places of
exempts to be
filled

Boards of ex-
emption, how

constituted

3. Immediately after the passage of this act, the governor shall
issue his proclamation, requiring the organization of a board of ex-
emptions in each countj^ and corporation, to consist of the presiding
justice or recorder, and any two justices whom such presiding justice
or recorder may associate with him. In case the presiding justice
or recorder cannot for any cause act, the chief clerk of the hust-
ings or county court shall summon any three justices, who shall
constitute such board. Such clerk shall act as clerk of the board.
In case there be no such clerk present and capable of acting, the
clerk of the circuit court shall act ; or if no such board should be
organized, the governor may designate any three justices of the
county or corporation, who shall constitute the board, and appoint
their own clerk.

Powers of
boards of ex-
emption

4. The board shall have cognizance of all questions of exemption,
and shall adjudge the sufficiency of the excuse given by any person,
who, by reason of his failure to report his name for enrollment, as
required by the act entitled an act for ascertaining and enrolling the
military force of the commonwealth, passed February eighth, eigh-
teen hundred and sixty-two, may have been enrolkd among the
drafted levies, as prescribed in said act. For punishing contempts
and compelling the attendance of witnesses, the board shall have the
powers of a county court.

MILITARY AFFAIRS. — REDRESS OF LOYAL CITIZENS. 11

5. In no case shall the board grant a discharge upon a claim of Discharges for
exemption for bodily infirmity, unless at least two physicians of re- fiimity, how
epectable standing, being duly sworn, shall prove before said board ^''™*^

that the bodily infirmity is of a permanent character, and is such as
will disqualify the claimant for discharging the duties of a soldier.

6. Every claim for exemption or excuse shall be filed with the Exemptions,
clerk of tlie board, who shall issue process for such witnesses as the
claimant or enrolling officer may require ; and within five days after

a draft is made, and on a day to be designated by the board, the trial
of cases of exemption and excuse shall commence ; and the same
^all be disposed of in a summary manner as speedily as may be.
The clerk of the board shall promptly report to the adjutant general
the name of each person exempted or excused by the board.

7. For every failure to discharge any duty prescribed in this act, Penalties on

. , ,.11 1 T, i"i 1 1 r- -I 1 board for failure

the members or the board and the clerk may each be fined not less
than tey nor more than one hundred dollars.

8. All acts and ordinances and parts of acts and ordinances incon- Repealing clause
sistent with this act, are hereby repealed.

9. This act shall be in force from its passage. Commencement.

Chap. 5. — An ACT to redress Loyal Citizens injured by the exercise of
usurped power.

Passed October 2, I860. . • '

Whereas disloyal persons have conspired to overthrow the legiti- Preamble
rnate authority of this commonwealth, and for that purpose have
established "nlthin the limits thereof an usurped government, whose
power is exercised to the injury and oppression of the loyal people of
this state within its influence : and whereas the general assembly is
desirous of providing redress to such injured persons against such
conspirators : Therefore,

1.. Be it enacted by the general assembly, that every person who. Penalties im-
since the seventeenth day of April, Anno Domini eighteen hundred ^"ns gi"ihy^of''''
and sixty-one, has been or shall be guilty of establishing or of at- usvfrped'gefvern-
terapting to .establish, without the authority of the legislature, any ™'^°*' *^<^-
government within the limits of this state, separate and apart froni
the existiug government, or who has held or exercised, or who may Holding office ■
hereafter hold or exercise,- in such usurped government, any office, vernment
civil or military, legislative, executive or judicial, or any authority,
howsoever conferred, dependent on a recognition or establishment of
such usurped government, or who has been or may hereafter be a

REDRESS OF LOYAL CITIZENS. — REDRESS OF CITIZENS.

Incapable of
conveying real

estate

surety in bond or otherwise, under any requirement or practice of
such usurped government, for any one who has held or may hereafter
hold any such office or authority, shall be incapable, by deed or other-
wise, of selling, conveying, devising or encumbering any real estate
situate in this state. Every deed or other instrument intended to
operate on such estate, and every acknowledgment, proof or certifi-
cate of the esecution thereof, and tlie record thereof, wheresoever
made, shall be null and void.

Estates of per- 2. The estates of all persons mentioned in the preceding section,
jecte'd to redress vphich they are thereby incapacitated from conveying, shall be and
of loyal citizens ^^.^ j^gj.gjjy declared to be subjected and devoted to the redress and
indemnification of all persons, loyal to this commonwealth, who
have been or may be fhjured by the exercise of any office or autho-
• • ' rity, civil or military, legislative, executive or judicial, howsoever con-

ferred under the said usurped government : provided, however, that
all just liens on such estates, existing;^.on the said seventeenth day of
April eighteen hundred and sixty-one, shall- not be impaired-.

Proviso as to
.liens, &c

Commencement 3. This aot shall be in force from its passage.

Preamble

Judge or other
officer of
United States

Clerk, <!tc.

Purchasers of
property
How liable to
Joyal citizen

Chap. 6. — An ACT to protect and indemnify Citizens of Virginia.
■ / ' Passed October 3, 1862.

Whereas an act or acts have recently been passed by the congress
of the United States, authorizing the confiscation of the property
and the emancipation of the slaves of loyal and true citizens of the
state of Virginia and of the Confederate States ; and it being the
duty of the legislature of Virginia to protect her citizens, and as far
as practicable, indemnify them from the evil consequences of the
iniquitous legislation of the United States :

1. Be it therefore enacted by the general assembly, that any
judge or commissioner, acting under the authority of the United
States government, or any of its laws, who shall, by any judgment,
decision or .decree, subject to confiscation or sale the property of any
citizen of this commonwealth, or any clerk who shall issue process
for the sale of any such property, or any marshal, sheriff or commis-
sioner who shall sell the same, they the said judge, commissionerj
clerk, marshal and sheriff, or either of them, and their securities, or
any or either of them, and the purchaser or purchasers of any such
property, and their personal representatives, shall be jointly and
severally liable to any citizen of Virginia, or to his personal repre-
sentative, whose property has been so confiscated or sold, for double
the value of such property, with interest thereon, at the rate of six
per centum per annum, from the time of the seizure or sale of such

REDEESS OF CITIZENS. 13

property ; and judgment therefor may be obtained in any court of judgment, how
record in this corgimonwealth, against such judge, commissioner,
clerk, marshal and sheriff, or either of them, or against their securi-
ties, or any or either of them, or against the purchaser or purchasers
of such property, or their personal representatives, upon motion in
such court, upon ten days' previous personal notice, or upon thirty Notice, ho-n-
days' notice published in any newspaper in the city of Eichmond, or ^'^^°
in any paper published in this state.

2. The remedy hereby given shall not prejudice the right of such Rights of citizea
citizen from taking possession or otherwise recovering possession of judiced * ^^^
such property, or any part thereof; or if such possession should be

obtained, the right of such citizen to the benefit of such liability im-
posed by this act, shall not be prejudiced thereby; and the right to Judgment to ba
obtain-, or when obtained, to enforce such judgment, shall not be im-
paired by reason of the recovery of the possession of the property
so sold or confiscated.

3. Be it further enacted, that any ofiicer or agent of the United As to leases
States government, who shall let or lease, or cause to be let or leased

the property of any citizen of Virginia, the said officer or agent, and
his securities, and the person or persons to whom the property was
so let or leased, and his' or their personal representatives, shall be How liable
liable to any such citizen of Virginia, or to his personal representa-
tive, for double the value of the property for the time which it was
so let or leased, and for all waste or damage to which the property waste or da-
rn ay have been subjected during that time; to be recovered in the h'ow recovered
manner mentioned in the first section of this act : and the court in jury, how im-
which any case arising under this act may be pending, is authorized ^^^^*^ ^
to have summoned and impanneled a jury to ascertain any question
of fact material to the correct adjudication of the case.

4. Be it further enacted, that any judge, commissioner, or other Penalty- for
officer or agent of the government of the United States, who shall, 6™^°"='?^"°°
by any judgment, decree or decision, emancipate or cause to be
emancipated the slaves of any citizen of Virginia, the judge, com- judge, &a. hoyr
missioner, or other officer or agent of the United States government,

or either of them, and their securities, or either of them, shall be '
liable to any citizen of Virginia, or his personal representative,
whose slaves have been so emancipated, for double the value of the Amount of
slave or slaves ; to be recovered in the manner mentioned in the ''^ ' ^
first section of this act.

5. Be it further enacted, that any person in this commonwealth. Persons hoidics
or the security of any such person, who shall hereafter hold or accept ° ^^' °'
any office, trust or appointment, civil or. military, legislative, execu-
tive or judicial, under or by authority of the government of the

United States, or under or by the pretended authority of the usurped

14 REDRESS OF CITIZENS.

government, pretended to have been established since the seventeenth
day of April eighteen hundred and sixty-one, within the limits of this
state, separate from the existing and true government, and without
the authority of the legislature ; and all persons in this common-
wealth who shall voluntarily aid in supporting or continuing such
. ■ ■ usurped government, or who shall aid or in any way give aid and

- • . comfort to the enemy, or who shall in any way aid, encourage or

assist in carrying into effect any of the confiscation or emancipation
laws of the government of the United States within this state, or

• ■ '■ \:, ■'••■who shall in any way aid, encourage or assist in carrying into effect

any proclamations of the president of the United States providing
How liable for such confiscation or emancipation, shall, in addition to all penal-
ties now imposed by any law of this commonwealth, be liabte for

• . ■ -. double the value of any property that may be seized or sold urider
. ■" • such confiscation and emancipation laws or proclamations, to any

good and loyal citizen of this commonwealth, who may be injured

; • thereby, or to his or her personal representative, with interest thereon,

at the rate of six per centum per annum, from the time of such

seizure or carrying away of any slave ; and may be proceeded against,

severally against each, or jointly against any number so liable, in

How as to suits Said courts, in the manner herein before mentioned. Any person

instituting a suit, or prosecuting a suit already commenced, or suing

out execution on any judgment or decree heretofore rendered in any

court or before a justice of the peace assuming to act and proceed

under authority of such usurped government, or in violation of an

■ ■' ordinance passed by the convention of Virginia on the thirtieth day

. ■ ;.'' ;." of April eighteen hundred and sixty-one, to suspend proceedings in

■ • •' certain cases, or in violation of an act of the general assembly passed

on the twenty-ninth day of March eighteen hundred and sixty-two,

entitled an act to suspend sales and legal proceedings in certain

cases, and to repeal an ordinance to provide against the sacrifice of

property, and to suspend proceedings in certain cases, or shall seize

or sell any property, real or personal, under pretence of any autho-

Liabiiity rity whatever, in violation of said ordinance or last named act, shall

. , pay to the party against whom such suit shall be commenced or pro-

. ';■■ ■' : secuted, or execution issued, or whose property shall be seized or sold

as aforesaid, double the value of the thing claimed by such suit,

judgment, decree, execution or other process by which property may

Satisfaction of be seized or sold. There shall not be more than one satisfaction of

any judgment for the same thing.

judgment

Record evidence 6. No record proof shall be required of the election or appoint-
ment of any of the ofliicers menti
offices shall be deemed sufficient.

no require jngnt of any of the officers mentioned in this act ; but acting, in such

When property 7. Be it further enacted, that any officer or agent, civil or military,

;;ated in the service of the United States government, who shall subject or

expose to sale or confiscation the property of any citizen of Virginia,

REDRESS OF CITIZENS. LICENSE. 15

they the said officer or agent, and the purchaser or purchasers of By whom
said property, and their personal representatives, shall be jointly and
severally liable to any citizen of Virginia, or to his personal repre-
sentative, whose property has been so sold or confiscated, for double Liability
the value of such property, with interest thereon, at the rate of six
per centum per annum, from the time of the seizure or sale of such
property; an cl judgment may be obtained therefor in the manner judgment, how
mentioned in the first section of this act; and the citizen whose pro-
perty has been so sold or confiscated, or his personal representative,
in addition to the remedy herein given, shall be entitled to take pos- Possession
session or otherwise recover possession of the property so sold or .. . '

confiscated.

8. A lien is hereby created and declared to exist on the real and Lien created
personal estate of the persons against whom such liability may exist,

from the passage of this act. . . • .

9. This act shall be in force from its passage. Commencement

Chap. 7. — An ACT amending an act proscribing the Oath to be taken by . '•/■ •
any person who applies for a License. '•

Passed Ootober 6, 1862.

1. Be it enacted by the general assembly, that the first section of Act of i854
an act entitled an act to prevent the circulation of small notes,

passed March third, eighteen hundred and fifty-four, as amended by , '
chapter seventy-two, passed March thirty-first, eighteen hundred and
sixty-two, be amended and re-enacted, so that as amended it shall
read as follows : ' / '

" § 1. That it shall be the duty of commissioners of the revenue Duty of com-
and courts, to whom application may be made for a license, to re- ™ve'nue*^and
quire from each and every person who may apply for a license, an *^°"'''^
oath that he will not pay out within the limits of this commonwealth,
notes of any denomination, issued by banhs, corporations or indi-
viduals, without authority of law ; and it shall be the duty of every License, when
commissioner of the revenue and court, to whom such application
shall be made, to withhold the license until the oath aforesaid shall
be taken. But this section shall not apply to any person who has To whom sec- •

T ,1 .. 1 1 • -iV, i 1 • T tion does not '

commenced or who has continued business without making applica- apply
tion for and obtaining a license, and who is or may be subject to a
tax in the former case to four times, and in the latter to twice the
amount of tax otherwise imposed : in which case, the assessment
may be made and license granted without the oath required."'

2. This act shall be in force frojn its passage. Commencement

16 SHERIFFS. TRIAL.

Chap. 8. — An ACT extending the time for the qualification of the Sheriffs
of Orange and Culjieper Counties.

Passed September 19, 1862.

Preamble Wliereas, by reason of the occupation of the counties of Orange

and Culpeper by the public enemy, the sheriffs elected for said coun-
. ,, ties, at the late elections, have been unable to qualify : Therefore,

SheriflFs of 1. Be it enacted by the general assembly, that the sheriffs elected

peper^ when to for the counties of Orange and Culpeper, at the late spring elections,
qualify ^^ allowed Until the first day of January eighteen hundred and sixty-'

three, within which to qualify and give the bonds of office. .;,.-,• v;

Commieiicemeiit 2. This aCt shall be in force from its passage.

• .■• Chap. 9. — An ACT to provide for the qualification of Sheriffs and other
. .■ public officers prevented fi-om qualifying within the period now prescribed

by law, by reason of the public enemy.

Passed October 2, 1862.

When sheriff, 1. Be it enacted by the general assembly, that whenever, by reason
in certain cases of the occupation or the threatened invasion by the public enemy, of
any county, city or town of this commonwealth, the sheriff, commis-
sioner of the revenue or other public officer elected for such county,
.■ . city or town, may be unable to qualify and give the bonds of office

within the period now prescribed by law, it shall be lawful for such
sheriff or other public officer to qualify and. to give the bonds of office
": .- at any time within the period of ninety days after such occupation or

threatened invasion by the public enemy shall have ceased.

Commjencement 2. This apt .shall be in force from its. passage.. _ ■...', .y:- \

'.'• :_.■... .'i •;.• ■< . ■ ' . ■ V- \'-'' '' ■'■ '. •'..' - ' " • -.■'^■''■■■

• .■Vi. '..■■••-.■..' _• '••■•'■ '■'.''■' ■ ■'■"'-. ■. ■ ■ iT;- V- ■.'•I- '*.■'■••: '"■ ■*■■:;., '•f''r. ''•'Vi? '

Chap. 10. — An ACT to amend and re-enact section 1st of chanter 80 of the-
• ■ ■■ ".■.. .•• . ;•- .■ ■ •. ■'. ■• . Acts of 1861-2, passed March 27th, 1862. ■ , ■•• ,:V'r^

'■ Passed October 4, 1862. ..-.■......■.•.....:-.

Acta of 1S61-2 1. Be it enacted by the general assembly, that the first section of
^^^^ • chapter eighty of the Acts of eighteen hundred and sixty-one and two,

entitled an act to provide for the trial of persons charged with offences
committed in counties in possession of the enemy, or threatened with
immediate invasion, passed Mai'ch twenty-seventh, eighteen hundred,',
and sixty-two, be amended and re-enacted so as to read as follows :

When cotmty in " § 1. Be it enacted by the general assembly, that whenever any

TRIAL. — DISTILLATION. 17

connty or corporation in this state shall be in the possession of the poBsession of
enemy, or shall be threatened with invasion, so as to make it probable ''
that the jurisdiction of the courts thereof cannot be safely exercised
therein, it shall be the duty of the judge of the circuit to which such powers of
county belongs, and any jud^e of the state or any justice of thejastkes
peace shall be empower d to cause all persons charged with felony
in such county or corporation, to be brought before him, by warrant
directed to any officer in the comiBouwealth, to be by i:iiu executed,
and to commit him for examination before an (-"^mining court of Commitment,
some county or corporation not in the possession ijf the enemy or
threatened with invasion, the most convenient to that wiiere the
offence shall have been committed."

2. This act shall be in force from its passage. Comm«ncemont

Chap. 11 — An ACT legalizing the manufacture of Alcohol.
Passed October 1, 1862.

1. Be it enacted by the general ass:^niblj', that it shall be lawful Alcohol, how
for any person to engage in the distillation of any grain Jbr the pur-
pose of converting the product of sucli distillation into alcohol, sub-
ject, however, vto the provisions of this act.

2. That before any such person shall engage in such distillation, permisRion, how
he shall obtain permission therefor from the governor of the com- ° *'"°'^
monwealth; and such permission shall only authorize the manufac-
ture of alcohol for medical, hospital, chemical and manufacturing
purposes.

3. Tiiat the legal standard of alcohol shall be not less than ninety Legal Rtandard
per centum of pure alcohol.

4. No alcohnl so manufactured shall be sold by the manufacturer Tobe gauged
until the same shall have been gauged and inspected by a gaugor to lus^peitorf ^how
be appointed by the governor for each county, city or town in which "PPo^t^d
such permission shall be granted.

5. For every cask or other vessel of alcohol inspected under this Fee of ganger
act, the ganger shall receive of the manufacturer the sum of ten

cents; and it shall not be lawful for the manufacturer to dispose of cask, &c. to be
any cask or other vessel, unless it shall have the mark of the ganger, ga1[ger ^
specifying the quantitj' and quality of the alcohol therein contained:
and if any alcohol shall be presented by the manufacturer of a less when gaugerto
standard than herem prescribed, it shall be the duty of the ganger to '^"'^ ^^^
condemn the same, and cause it to be thrown away in his presence.
2

18 DISTILLATION.

Sales, how re- G. Eveiy sale of alcohol made by the manufacturer shall be re-
^*" " ported to the governor, or such other authorities as may be prescribed

Penalties by liiui ; atul any manufacturer of alcohol who shall attempt to sell

to any one, except for the purpose herein before mentioned, or who
shall violate any of the provisions of this act, shall be subject to all
the penalties prescribed by an act to prevent the unnecessary con-
sumption of grain bj^ distillers and other manufacturers of spirituous
Fine for remo- or malt liquors : and any person wUo shall alter or remove from any
mark ^'"^'^^ ^ cask or Other vessel of alcohol, the mark placed upon it by the
gauger, shall be liable to pay a fine of not less than one hundred
dollars ; to be recovered by motion, after ten days' notice, before any
court of the commonwealth ; one-half to the informer, and the other
half to the commonwealth.

Sale of alcohol 7. All persons who shall directly or indirectly be concerned in
pro^ibited"^^ Vending, or using or promoting the use of any alcohol as and for a
drink, shall be sulyect to the same penalty as is presci'ibed in the
foregoing section (to be recovered and disposed of in the same man-
ner as is therein prescribed) ; and each offence of the provisions of
this section shall be deemed a separate offence, and subject to the
same penalties.

statement to be 8. Every person who shall, by virtue of the provisions of this act,
mace o com gug^ge in tne manufacture of alcohol, shall, at the period in which
he shall list his property for taxation, furnish to the commissioner of
the revenue of the said county, city or town in which said manufac-
ture shall be carried on, a statement, to be verified under oath, of
the number of gallons he shall have sold ; and said commissioner
shall thereupon assess him with a tax of thirty cents for each gallon
so sold, and return tlie same to the sheriff or collector of the revenue
of the county, city or town, who shall proceed to collect the same,
and account therefor in the mode prescribed for the collection and
payment of the revenue of the state.

iniBsioiier of
revenue

License, how 9. Any license granted under this act shall be revocable at the

revoca .c discretion of the governor ; and it shall be his duty to revoke such

license when he shall have reason to believe it is abused by being-
perverted from the uses intended by this act.

Eights stis- 10. That upon a presentment or indictment by any grand jury

diTtmeut of the city or county, in which such alcohol may be distilled, for a

violation of this act, the rights granted thereby shall be suspended ;
What, on con- and if the party be convicted on such presentment or indictment,
Oath° how taken shall be from that time ipso facto revoked : provided, that before any

person is licensed under this act, he shall take an oath, the form of
Whisky not to whicli shall be prescribed by the governor, to the effect that no whisky
be disti e distilled shall be sold or given away, or otherwise used than to be

Bond.how given converted into alcohol: provided further, that no license shall be

DISTILLATION. 19

granted under this act until the applicant shall have given bond,

with good security, to be filed ■with the auditor of public accounts, in

a penalty of two thousand dollars, payable to the commonwealth of

Virginia, conditioned that all the whisky made by him under his Conditions

license shall be converted into alcohol, and that the applicant shall

pay all the taxes that may be chargeable on such distillery, whether

assessed or not : provided, that no person shall obtain such license, Eecommenda-

unless he shall have been previously recommended by the court of co°untv court

the county or corporation in which such distillery is proposed to be

erected, as a suitable and proper person for exercising such privilege

in such county or corporation.

11. This act shall be in force from its passage. Commencement

Chap. 12. — An ACT to amend and re-enact an act entitled an act to prevent
the unnecessary consumption of Grain by Distillers and other manufac-
turers of Spirituous and Malt Liquors.

Passed October 2, 1862.

1. Be it enacted by the general assembly, that the first section of Act of 1861-2
an act passed on the twelfth day of March eighteen hundred and "°^'^'^' ^*"
sixty-two, entitled an act to prevent the unnecessary consumption of

grain by distillers and other manufacturers of spirituous and malt
liquors, be amended and re-enacted so as to read as foUows :

"§ 1. It shall not be lawful for any person hereafter to make or dis filiation pro-
cause to be made any whisky, or other spirituous or malt liquors, ^'^'*'^*^
out of any corn, wheat, rye or other grain, except for medicinal or Exceptions
hospital purposes, in execution of a bona fide contract heretofore
made, or hereafter to be made with the chief purveyor of the medical
department of the Confederate States government, or with the me-
dical director of the Virginia state line : and any person so oflending
shall be deemed guilty of a misdemeanor, and upon conviction thereof,
shall be fined for every offence not less than one hundred dollars nor
more than five thousand dollars, and be subject to imprisonment in
the county jail not exceeding twelve months, at the discretion of the
court."

2. This act shall be in force from its passage. Commencement

DISTILLATION. FENCE LAW.

Acta of 1851-2

Lieenpe to dlBtill
fvnit, &c

Chap. 13. — An ACT to amend and re-enact section thirtj--tbird of chapter
first of the Acts 1861-2, concerning a License to distill Ai'dont Spirits
firom Fruit, &c.

Passed October 2, 18fi2.

1. Be it enacted by the general assembly, that section thirty-third
of chapter one of Acts of eighteen hundred and sixty-one and two
be amended and re-enacted so as to read as follows :

" § 33. On every license to distill ardent spirits from frnit, vege-
tables, syrups, molasses, sugar cane or sugars, the tax shall be thirty
dollars. If such distillery has been in operation for the preceding
year or any part thereof, there shall be an additional tax of ten cents
per gallon on the quantity of liquor manufactured at such distillery

Tax for the year next preceding, or for any part thereof: provided, that

if the amount distilled in any one year shall exceed five hundred gal-
lons, the tax shall be sixty dollars for every such license ; and if the
amount distilled shall exceed one thousand gallons, the tax shall be
seventy-five dollars for every such license. A license for the busi-
ness authorized by this section shall be obtained as other licenses are
obtained, and with like penalties for a failure to obtain the same, not-
withstanding the exemption provided for in the act passed March
thirtieth, eighteen hundred and sixty, entitled an act making regula-

j^ffviB© tious concerning licenses : provided no license or tax shall be required

of any person for manufacturing thirty-three gallons in one year out
of the fruit, vegetables, syrups, molasses, sugar cane or sugars of his
own production, for his own use."

«o!»menceinent 2. This act shall be in force from its passage.

JP^eamble

(Qodo repealed
as to counties
designated

Chap. 14. — An ACT to repeal the Fence Law of Virginia as to certain
Oonnticy, and to authorize the County Courts to dispense with Enclosures
in other Counties.

Passed October 3, 1862,

Whereas a considerable portion of the territory of the common-
wealth having been ravaged by the public enemy, and a great losa
of labor, fencing and timber thereby sustained, it is rendered diflSeult
if not impossible for the people of many counties and parts of
counties, to keep up enclosures around their farms, according to ex-
isting laws :

1. Be it therefore enacted by the general assembly of Virginia,
that the first section of the ninety-ninth chapter of the Code of Vir-
ginia, so far as it applies to the counties of Hanover, Henrico, New
Kent, Charles City, James City, York, Warwick, Elizabt-tli City,
Alexandria, Fairfax, Fauquier, Stafford and King George, be and
the same is hereby repealed.

FENCE LAW. JAILOES' FEES. 21

2. Be it further enacted, that the county courts of the counties of Powers of
Augusta, Frederick, Clarke, Warren, Rappahannock, Norfolk, Prin- fn other coua*

, cess Anne, Mercer, Shenandoah, Page, Prince William, Spotsylvania, *'^^
Hampshire, Berkeley, Caroline and Nansemond, shall have power,
all the justices having been summoned, and a majority thereof being
present, to dispense with the existing law in regard to enclosures,
80 far as their respective counties may be concerned, or such parts
thereof, to be described by metes and bounds, as in their discretion
they may deem it expedient to exempt from the operation of such law.

3. If any horses, mules, cattle, hogs, sheep or goats, or any animal Damages for
of either of the preceding classes, shall enter into any grounds in the mai'Z&c.'^^
counties enumerated in the first section of this act, in which the ex-
isting law of enclosures has been repealed, or into the grounds of

any other county or counties or parts of counties in which tise courts

thereof shall repeal the existing lav/ of enclosures, after such repeal,

the owner or manager of any such animal shall be liable to the owner

or occupier of such grounds for any damages arising from such entry ;

for every succeeding trespass by such animal, the owner thereof when owner

shall be liable for double damages; and after having given at least jamag^^g'^ '*""''''

five days' notice to the owner or manager of such animal, of two

previous trespasses, the o\vner or occupier of such grounds shall be

entitled to such animal, if it be found again trespassing on said

grounds.

4. Provided, however, that this act shall apply to and be in force proviso
in the counties of Elizabeth City, York and Warwick only for the
period of three years, dating from the declaration of peace between

the Confederate States and the United States.

5. This act shall be in force from its passage. CommeiiGement

Chap. 15. — An ACT to increase Jailors' Fees for keeping- and supporting

Prisoners.

Passed September 24, 1862.

1. Be it enacted by the general assembly, that jailors shall here- jaUors' fees
after be allowed sixty cents per day for keeping and supporting per-
sons confined in the jails of this commonwealth: provided, that the powerof
county or corporation courts of the commonwealth may establish, in county courts
their discretion, a difi^erent rate, not less than thirty-five cents nor

more than eighty cents per diem.

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
repealed or amended. When this act expires, the law on this sub- when law re-
ject, in force immediately before the passage of this act, shall be ^'^"'^
deemed to be revived and continued in force.

DELINQUENTS. — ESSEX COUNTY.

Code amended

Chap. 16. — An ACT amending the seventeentli section of chapter thirty-sis
of the Code of Virginia, concerning the manner of making Eeturns of
Delinquents.

Passed September 26, 1862.

1. Be it enacted by the general assemlaly of Virginia, that the
seventeenth section of chapter thirty-six of the Code of Virginia be
amended and re-enacted, so as when amended it shall read as follows :

List, how ar-
rauged

" § 17. In the lists mentioned in the preceding section, the names
of the persons charged with the taxes shall be placed alphabetically
and in the order in which they respectively appear on the commis-
sioners' books. The lists mentioned secondly shall be in the follow-
ing form :

List of real estate- in the county of

non-payment of taxes thereon for the year

, delinquent for the

CD 2

•° o

■a

o
>>

a u

a o

a a

3
*> a

■^

s B

-23

>.§

£ '3

.2 "^

P-

"-A

And the sheriff or collector returning such list shall, at the foot
Oath of officer thereof, subscribe the following oath : ' I, A B, sheriff (or deputy
sheriff) of the county of , do swear that the foregoing list

is, I verily believe, correct and just ; and that I have received no
part of the taxes for which the real estate therein mentioned is re-
turned delinquent ; and that I have used due diligence to find pro-
perty within my county liable to distress for the said taxes, but have
found none.' "

Commencement 2. This act shall be in force from its passage.

Preamble

Chap. 17. — An ACT to legalize the Records and Proceedings of the County
Court of Essex Countj^, at the June, July and August Terms of said
Court held at Miller's Tavern in said County.

Passed October 2, 1862.

Whereas it has been represented to the general assembly of Vir-
ginia, that in consequence of the suspension of the mail between the
seat of government of said state and the county of Essex, by reason

ESSEX COUNTY. — PRIVILEGES. 23

of the federal arm}' being around the city of Eichmond, till after the
fourth day of July eighteen hundred and sixty-two : And whereas
the federal gun boats were constantly plying between the mouth of
the Eappahannock river and Fredericksburg, from the early part of
the month of April eighteen hundred and sixty-two to the fifth day
of September eighteen hundred and sixty-two, and the said gun boats
still have the command of the said river : And whereas the court-
house of the said couuty is situated on the margin of said river :
And whereas the interruption of the mail between the seat of go-
vernment and the county seat of said county, during the period first
aforesaid, prevented any application to the governor of Virginia to
designate, by proclamation, some other place in the said county to
hold the sessions of the county court of said county during the con-
tinuance of the causes aforesaid, as by law the governor is autho-
rized to do ; and it was further considered impolitic to publish any
notice of the place where the sessions of the said court might be
held, lest the enemy might get information of the same, and inter-
rupt the proceedings of the said court :

1- Be it therefore enacted by the general assembly, that all acts Acts of connty
and things done by the said county court of Essex county, at ^i,^, '^'^"' ' '^sa '^''
place in said county known by the name of Miller's tavern, at the
June, July and August terms of said court, which appear from the
order book of said court to have been done at the courthouse of said
county, though done at Miller's tavern aforesaid, which might have
been legally done at the courthouse of said county, are hereby de-
clared and made legal and valid, as if the same had been done at
the courthouse of said county.

2. This act shall be in force from its passage. Commcucemr-nt

Chap. 18.— An ACT for the relief of Judge George W, Thompson.
Passed October 4, 1862.

1. Be it enacted by the general assembly, that the ordinance of Ordinance re-
the late convention suspending the payment of the salary of George sluary, tow
W. Thompson, one of the circuit judges of this commonwealth, is ^^^
hereby repealed ; and the auditor of public accounts is directed to

issue his warrant or warrants for the salary due to said judge, in the
same manner as if said ordinance had not been passed.

2. This act shall be in force from its passage. Commencement

PRIVILEGES. TOWNS.

Act of 1838
repealed

Chap. 39. — An ACT repealing- an act for the relief of EpLraim Bee.
Passed September 2fi, 1862.

1. Be it enacted by the general assembly, that the act entitled au
act authorizing Jonathan M. Bennett to convey by deed to Ephraim
Bee of the county of Do dridge, certain forfeited and delinquent
lands sold in the coi'inty of Jackson, but now in the county of Eoane,
upon the payment of a ba!anc3 of purchase money, passed February
eighteenth, eighteen hundred and fifty-eight, be and the same is
hereby repealed.

Commencement 2. This act shall be iu force from its passage.

Governor autho-
rized to settle
account

Ckap. 20. — An ACT to authorize the Governor to settle the Account of
Sampson Jones, Agent of Mrs. Jane A. Griffin.

Passed September 2D, 1862.

J . Be it enacted by the general assembly, that the governor of
this coraraoiivvealcji be and he is hereby authorized to settle the ac-
count of Sampson Jones, agent for Mrs. Jane A. GrifSn, for supply-
ing the public guard with rations from the first day of April eighteen
hundred and sixty-one to the first day of October eighteen hundred
and sixty-two, under a contract for that purpose with Captain Dim-
laock, commandant of t e public guard ; and that he ascertain the
actual loss sustained under said contract, by reason of the great ad-
vance in the price of provisions during the same period : and that he-
authorize the said Jones, agent as aforesaid, to be paid his actual loss
under said contract.

Commencement 2^. This act shall be in force from its passage.

Act of 18.54
amended

Chap. 2) . — An ACT to amend the Charter of the Town of Danville.
Passed October C, 1862.

1. Be it enacted by the general assembly, that the third section of
the act passed March seventh, eighteen hundred and sixty-two, entitled
an act to amend an act entitled an act amending the charter of the
town of Danville, passed March fourth, eighteen hundred and fifty-
four, and incorporating into one the subsequent acts amendatory
thereof, be amended and re-enacted so as to read as follows :

Jurisdiction of
hustings court

"§ 3. The' jurisdiction of said court, except as to matters of po-
lice, which shall belong to the council, shall correspond with that of

TOWNS. 25

the county courts as establislied by law ; and the said court shall con-
tinue to have jurisdiction, and the said mayor and aldermen shall
continue each to have the powers of a justice of the peace, not only
within the said corporate limits, but also for the space of one mile
without and around the limits of said town, in all matters arising
within the said town or in the said space of one mile, according to
the laws of the commonwealth and the ordinances of the town, and
shall execute the same in like manner and under like responsibilities,
and receive the like compensation for services rendered by them as
the justices of the county courts within this commonwealth receive:
provided, however, that not more than three aldermen shall receive
compensation for any one day of such service in court, unless such
court be one in which a greater number than three aldermen are
required by law. The said aldermen shall classify themselves for AWermen, how
service in court, in like manner as justices of the peace in counties
are classified by law; and any presentment in said court by a grand
jury for an offence against the said laws, committed within the juris- .
diction of said court, may be presented in said court in like manner,
and like proceedings be had thereon as in the county court of Pitt-
sylvania ; and the said court of hustings shall bear the same relation Powers of hns-
to the circuit court for the town of Danville, as the county court ^f "°°* *^''"''
said county bears to the circuit court thereof; and appeals may be
taken, and writs of error, supersedeas, certiorari and any other judi-
cial writs may be sued out and prosecuted in like manner as is done
in the county courts of the commonwealth."

2. This act shall be in force from its passage. CommeBcemont

No. 1. — Joint Eesolutions g'uaranteeing to the people of the Northwestern
section of the State the construction of a Eail Eoad connecting- that por-
tion of the State with the Seaboard, at the earliest day practicable.

Adopted October 4, 1862.

Whereas, by the secession of Virginia from the hate Union, and Preamble
her accession to the Confederacy, the northwestern section of the
state has become a border on a foreign and hostile nation, and has
no direct intercourse in trade and travel with other and more favored
portions of the state, and the prosperity of that as well as other sec-
tions of the state will be gi'eatly promoted by a closer union and
more frequent intercommunication : And whereas, on the seventeenth
day of January eighteen hundred and sixty- two the general assembly
of Virginia did resolve to "maintain the jurisdiction and sovereignty
of the state of Virginia, to the uttermost limits of her ancient boun-
daries, at any and every cost;" and the congress of the Confederate
States, on the twenty-second day of January eighteen hundred and
sixty-two, by resolution, did "pledge all the resources of the Con"
federacy to uphold her determination" aforesaid : Therefore,

1. Resolved by the general assemblj' of Virginia, that increased Rail road con
facilities of trade and travel between the northwestern section of the qiiu-eT ^"^
state and the capital and seaboard, are demanded alike by the wel-
fare of that section and the permanent interests of the whole state,

in peace and in war, and that justice and sound policy require that
such facilities be established without unnecessary delay.

2. Eesolved, that the general assembly declare, as an assurance Assurance of
to the citizens of the said northwestern section, that the available sembiy
resources of the commonwealth shall be liberally devoted to the con-
struction of a rail road which shall connect that section with the in-
terior and seaboard of the state, whereby the enterprise, energy and
resources of that section may be encouraged and developed, at the

earliest practicable date.

3. Resolved, that in the opinion of this general assembly, imme- surveys ought
diately on the conclusion of the existing war, the state should cause
experimental surveys to be made, to ascertain the best, cheapest,

shortest and most practicable route for a rail road connection between
that part of the state and the capital.

RESOLUTIONS.

No. 2. — Joint Eesolution authorizing the Branch of the Exchange Bank of
Virginia at Richmond to declare" a dividend for the six months ending
30th June 1862.

Adopted October 4, 1862.

Whereas it is represented that the Exchauge Bank of Virginia at
Norfolk is within tlie lines of the public enemj^ and that no dividend
of profits for the six months ending on the thirtieth day of June
eighteen hundred and sixty-two can he declared in the mode pre-
scribed by law : Therefore,

Dirldend, how
to be declared

Resolved by the general assembly, that for the six months ending
on the thirtieth day of June eighteen hundred and sixty-two, the
branch of the Exchange Bank of Virginia at Richmond may declare
a dividend of profits, not exceeding three per centum on the capital
stock of said bank, and when so declared, shall pay the state's divi-
dend, the tax thereon, and the bonus on the capital of said bank into
the treasury.

Duty of board
of public works

No. 3. — Resolution instructing the Board of Public Woi-ks to adopt mea-
sures to meet the demand for Wood in the cities of Richmond and
Petersburg.

Adopted October 6, 1852.

Resolved by the general assembly, that the board of public works
be instructed to adopt such measures as they may deem most expe-
dient, to require the diiTerent rail road companies whose roads termi-
nate in the cities of Richmond and Petersburg, to furnish a sufficient
nmnber of wood cars for the transportation of wood into the said
cities, to supply the demand for the same, and that they cause the
same to be transported to the said cities at a reasonable rate of tolls.
To accomplish which, the said board are required to use all the power
conferred on them by law for the supervision and control of said
companies : provided, that if the said companies be opposed to the
transportation of wood, the burden thereof be apportioned equitably
among them, and in such a manner as not to interfere with their
transportation for the confederate government.

No. 4. — Joint Resolution authorizing Justices of the Peace to issue Marriage
LicS3nses in certain cases.

Adopted October C, 1862.

When license Rcsolved by the general assembly of Virginia, that it shall be

issue yjiis •''^ ]j^^.£yj f^^. q^j jugtice of the peace in either of the several counties

of this commonwealth, where the office of clerk of the county court

EESOLUTIONS. 29

shall he vacant, or where, by reason of the presence of the public
enemy, or by their expected presence, the said clerks shall be absent
from their respective counties, to issue licenses for the solemnization
of marriages, upon the parties applying therefor complying with the
provisions of the statute authorizing the issue of said licenses. The Duty of justite
said justices shall return to the said clerks, whenever they shall re-
sume the duties of their office, copies of said licenses so issued,
together with the bonds taken, to be recorded, and have the same
force and validity as if issued by the clerks of the respective
counties.

No. 5. — Resolution authorizing' the Governor to fill Vacancies in the oflRce
of Assessor, under the act to provide for the production, sale and distribu-
tion of Salt, &c.

Adopted October 4, 1802.

Resolved by the general assembly, that any vacancy that may P(„vyr of go-
occur in the office of assessor, under the act passed October third, '^'"■"°'"
eighteen hundred and sixty-two, entitled an act to provide for the
production, distribution and sale of salt in this commonwealth, either
b}' death, resignation, reuioval or otherwise, maj' be filled bj' appoint-
ment of the governor of this commonwealth.

No. 6. — Eesolution in relation to the Adjournment of the General Assembly.
Adopted Scpteiriber 30, 1862.

Resolved, that the general assembly, when it adjourns on IMonday
next, will adjourn to meet on the first Wednesday in January eigh-
teen hundred and sixty-three, unless sooner convened by tlie gover-
nor, in pursuance of the power vested in him by the constitution.

INDEX.

ADJOURNMEKT.

Resolution as to adjoiiniinent of gene-
ral assembly, 29

AGENTS.

For sale of salt, may be appointed, 4

Their bonds, 4-5

Of quartermaster or commissary, not
exempt from military service, 9

ALCOHOL.

Its manufactui'e legalized,

Permission, how obtained.

To what purposes limited.

Legal standard,

To be gauged and inspected,

Gauger, how appointed ; his fee,

Cask not to be sold without gauger's

mark,

Alcohol below standard to be condemned, 17
Manufacturer to report sales to governor, 18
Penalties on manufacturer for violating

provisions of act,
Fine for removal of gauger's mark,
For selling alcohol as a beverage,
Manufacturer to furnish list of sales to

commissioner of revenue.
What tax then to be assessed.
License to manufacture, how revocable,
Eights under license suspended upon

presentment for violation of act,
Upon conviction, license revoked.
Oath to be taken against selling the

whiskey before conversion into alcohol
Applicant for license to give bond.
Condition of bond.
Applicant must be recommended by

court.

ANIMALS.

Entering grounds vi-here fence law is
repealed, OAvner liable,

APPROPRIATION.

To carry into effect salt act.

How payments from it to be made,

ARDENT SPIRITS.

See Alcohol.

See Spirituous and malt liquors.

ASSESSMENT.
See Board of assessors.

BANK DIVIDEND.

Richmond branch of Exchange Bank
may declare dividend,

BANK NOTES.

"VSTiat oath required of applicant for

license, as to circulation of,
Exception,

BEE, EPHRAIM.

Act authorizing conveyance of forfeited
lands to him repealed,

BOARD OF ASSESSORS.

For property taken under salt act, how
composed,

To assess compensation or damages.

How assessment certified and paid.

When it is final.

Appeal from assessment, and proceed-
ings thereon,

How board convened and paid.

Vacancy in office of assessor, how filled,

BOARD OF PUBLIC WORKS.

Duty of, as to wood cars for supplying
Richmond and Petersburg,

BONDS.

To be given by agents appointed to

sell salt,
Penalty and condition of such bonds,
To be given before license to manufac-

tm-e alcohol,
Condition of bond,

CANALS.

See Rail roads and canals.

CHANGES IN CODE.
Section 2, chapter 22, amended.
Exemptions from militaiy service,
Section 1, chapter 99, repealed, as to

certain counties.
Fence law repealed as to those counties.
County com-ts may dispense with it in

others.
Repeal as to some counties limited in

duration,
Section 17, chapter 36, amended.
Mode of making returns of delinquents

changed,

CITIES.

See Counties and towns.

CITIZENS OF VIRGINIA.

See Redress of loj^al citizens.
See Usurped government.

15
15

18
19

20
20

INDEX.

CITY OFFICEES.

What officers may be exempted from

military service, and how, 9-10

Whcu such exempts remanded to ser-
vice, 10

And failing to obey, accounted deserters, 10

CLERKS.

Copies of requisition for slaves to be

filed with clerks of counties, &c. 6

Clerks to summon the justices, 6

To attend sessions of the courts held

under such requisition, 7

Clerk of court to be clerk of board of

exemption, 10

Claims for exemption to be filed with

him, _ 11

Clerk to report exempts to adjutant

general, 11

Penalty for failure to discharge duty

as clerk of board, 11

How, as to marriage licenses, when

office of clerk of county vacant, 28

Or when, by reason of invasion, clerk

absent, 29

What to be done on clerk's return, 29

CODE.

See Changes in Code.

COMMIS.SIONERS OF PEVEMUE.

To assist courts when requisition made

for slaves, 7

To aid governor when courts fail to

act, 7

What oath commissioner must require

before issuing a license, 15

With what exception, 15

To assess taxes on manufacturers of

alcohol, 18

CONFEDERATE STATES.

Contracts with, for salt, to be respected, 3
Slaves to be called into service of, 6

When value of such slaves to be paid by, (5
And compensation for injury to slaves, 6
Burden of proof to be on confederate

authorities as to proper care, 6

President's request for slaves is an ac-
ceptance of the act by Confederate
States, 8

Contracts to make whiskey, &c. may
be made with C. S. medical pur-
veyor, 19

CONTRACTS.

What, to be respected in carrying out

act for procuring supply of salt, 3-4

In what case contracts with other states
may be disregarded, 4

COUNTIES AND TOWNS.

What city officers may be exempted

from military service, 9-10

Orange and Culpcper occupied by

public enemy, 16

Sheriffs elect iiUovved further time to

qualify. Hi

Similar provision as to officers of other

counties, &c. 16

Fence law repealed as to certain conn-
ties, 20

And may be dispensed with by county

coru'ts in others, 21

Limitation of time, as to some of the

counties, 21

Certain records, &c. of Essex county

court legalized, 22

Acts of the court declared legal, • 23

Charter of Danville amended, 24

As to jurisdiction and powers of hus-
tings court, 25

Supply of wood for Richmond and

Petersburg, 28

Rail road companies to furnish wood

cars, 28

If companies object, burden to be ap-
portioned, 28

Vvhen office of county clerk vacant,

how, as to marriage licenses, 28

Or when clerk absent by reason of in-
vasion, 29

What, when clerk returns, 29

For requisition on counties, &c. for
slaves, see Slaves.

COURTS.

Contracts with county courts for salt,

to l^e respected, 3

Appeals from assessments under salt
act to circuit court of Richmond
city, 5

County and corporation courts to carry

into effect requisition for slaves, 6

Specific duties of the courts under re-
quisition, 6-7

Failing the courts, governor may im-
press slaves, 7

Before granting license what oath courts
to require, 15

With what exception, 15

Courts o( certain counties may dispense
with fence law, 21

Essex county court, certain records,

&c. legalized, 22

Acts of the court declared valid, 23

CULPEPER AND ORANGE.

Occupied by public enemy, 16

Sheriffs elect allowed time to qualify, 16

DAMAGES.
For use, &c. of property taken under

salt act, see Assessment.
For cattle entering grounds where fence

law is repealed, see Fence law.

DANVILLE.

Act to amend charter, 24

Jurisdiction of hustings court, 24

Compensation of aldermen, 25

Classification of aldermen, 25

Powers of hustings court, 25

DEFENCE.

See Public defence

DELINQUENTS.
Mode of making returns of, changed, 22

List, how arranged, 22

INDEX.

Oath of returning officer, 22

DESERTEES.

In what case exempted city officers, &.c.
to be treated as deserters, 10

DISLOYALTY.

See Treason or disloyalty.

DISTILLATION.

See Alcohol.

See Spirituous and malt liquors.

ENGINES.

Necessary for production of salt, may

be seized, 3

ESSEX.

Certain records, &c. of county court

legalized, 22

ESTATES.

Persons connected with usurped go-
vernment incapable of conveyinij
real estate, 11

Their estates devoted to redress loyi.l

citizens, 12

What liens on such estates not in;-

paired, 12

Lien on estate of person acting under L'.
S. coniiscation and emancipation acts, 15

EXCHANGE BANK OF VIRGINIA.

Branch at Richmond to declare dividend, 28

EXEMPTIONS FROM MILITARY
DUTY.

Act changing provisions of Code,

amended ; general exemptions, 9

Agent of quartermaster or commis-
sary not exempt ; nor militia officers, 9
What additional officers of a city mny

be exempted, and how, 9-10

Officers, &c. of what companies may

be exempted, 10

When exempts remanded to service, 10

Failing to return to service, desertery, 10
How places of exempts to be filled, 10

Persons leaving the service for which

exempted, to be reported, 10

Boards of exemption, how constitute J, 10
Who to act as clerk of board, 10

Powers of board, 30

Discharges for physical infirmity, ] 1

Claims for exemption, how tried, 11

Names of exempts, to whom reported, 11
Penalties for failure of duty in board
and clerk,

FAITH OF COMMONWEALTH.
May be pledged by governor to contracts
necessary for procuring salt, 3

FEES.
Fee of ganger for inspecting alcohol, 17
Jailors' fees for keeping prisoners, in-
creased, 21
County courts may establish different rate, 21
When act to expire ; former law revived, 21

FENCE LAV/.
Loss of fencing, &c. in invaded counties, 20
Repealed as to certain counties, 20

And may be dispensed with by county
courts in others, " 21

Damages for entry of animals, &c.
Repeal limited in duration as to some
of the counties,

FINES.
What fine for selling salt at higher

than regulation price,
Or for other violations of rules for sale,
On board of exemptions and clerk for

failures in duty,
For removal of gaugcr's mark on cask

of alcohol.
For selling alcohol as a beverage,

FIRE DEPARTMENT.
Officers of, how exempted from military
service : when remanded to service,

FORTIFICATIONS.

Act for calling out slaves to work on,
For particulars of this act, see Slaves.

GAS WORKS.
Officers of, hovv- exempted from military

,ser%'ice,
When remanded to service,

GAUGERS.
Of alcohol to be appointed ; their fees.
Cask not to be sold without ganger's

mark,
To condemn alcohol below standard.
Fine for removal of ganger's mark,

GENERAL ASSEMBLY.
Communications to, as to militia officers

removed for treason or disloyalty.
Resolution as to adjournment,

GOVERNOR.

Powers for procuring supply of salt,
Under president's call for slaves.
For removal of miUtia officers for trea-
son, &c.
As to exremiptioDs from military service,
To appoint gangers for inspection of

alcohol.
And assessor under salt act when a
vacancy,

10
10

17
IT

C-7

10
17
29

GRIFFIN, MRS. JANE A.
Her agent's account for rations of public

guard to be settled, 24

Actual loss under contract to be paid, 24

^ 1 ! See Courts.

HUSTINGS COURT.

INVASION,

Of Orange and Culpepey,

Sherifi"s allowed further time to qualify,

Similar provision as to officers of other'
counties and towns,

Persons charged with felony in such coun-
ties, &c. to bo removed for trial, 16-

Fencing, «&c. destroyed in parts of the
state.

Fence law repealed in certain counties,

Repealable in others,

Repeal limited in duration as to some
counties,

Exchange Bank at Norfolk within
enemy's hues,

It;
in

]()

-17

20
20
21

INDEX.

Eichinond branch may declare dividend,
Provision for marriage licenses Avhen hy
reason of invasion clerk of county ab-
sent,
What to be done ^vlien clerk returns,

See Fees.

JAILORS' FEES.

JONES, SAMPSON.
His account as agent of Mrs. Griffin

to be settled,
Loss under contract to be paid him,

JUSTICES OF THE PEACE.

In counties where office of clerk vacant,
may issue marriage licenses,

Or when clerk absent hj reason of
invasion.

What, v.'hen clerk returns,

KANAWHA SALT WORKS.

Not to be purchased by governor,

LICENSES.

Before any license granted, what oath

as to circulating notes,
To what persons this does not apply,
License to make alcohol to be obtained

of governor,
And is revocable at his discretion,
What oath applicant must take,
Applicant must also give bond,
Must be recommended by court,
License to distill ardent spirits from fmit,

&c. ; act amended,
Tax on such license,
Penalty for failure to get license,
Proviso as to quantity to be distilled

without license.
Marriage licenses, by whom issued vv'heu

office of county clerk vacant.
Or when clerk absent by reason of in-
vasion ; what, when clerk returns,

See Estates.

LIENS.

LOYAL CITIZENS.

See Redress of loyal citizens.
See Usiu'ped government.

MACHINERY.

Necessary for production of salt, may
be seized,

MARRIAGE LICENSES.
Byvi'hom issued when office of county

clerk vacant.
Or when by reason of invasion clerk

absent.
What to be done when clerk returns,

MEDICAL DIRECTOR.

Of Virginia state line may contract for
whiskey, &c.

MEDICAL PURVEYOR.

Of Confederate States may contract
for whiskey, &.c.

28 I MILITIA.

I Officers may be removed by governor
i for treason or disloyalty,

29 1 Senate may reverse governor's action,
29 I Governor not to remove when arrests

■ can be made and charges prefeiTed,
j To assign his reasons for resnovals,
Militia officers not exempt from draft.
When drafted, their connnissions va-
cated,

24 ! NORTHWESTERN VIRGINIA.

24 I Rail road connection between that sec-

I tion and the seaboard guaranteed,

18
18
19
19

20
20
20

ORANGE AND CULPEPER.
Occupied by public enemy,
Sherifi's elect allowed time to qualify,

OVERSEERS.

Of slaves furnished under requisition,
see Slaves.

POLICE OFFICERS.

How exempted from military service,
When remanded to service,

PRESIDENT OF CONFEDERATE

STATES.
Slaves to be called out at his request,
President's request accepts provisions
of act,

PRICE OF SALT.

What publication of, required.
Fine for selling at higher prici.',

PRISONERS.
Jailors' fees for keeping, increased.
For what time increased,

PUBLIC DEFENCE.

Act further to provide for,

Airthorizes governor to call out slaves.

For particulars of this act, sec Slaves.

16
16

10
10

21
21

j PUBLIC GUARD.

j Account of Sampson Jones for rations,

I to be settled, 24

i Loss under contract to be paid, 24

i QUALIFICATION OF OFFICERS,

] Sherifls of Culpeper and Orange allowed
I time to qualify, 16

3 I Similar provision as to officers of other

invaded counties, &.c. 16

29
29

RAIL ROADS AND CANALS.

May be controlled for transportation of
salt, &c.

Officers, &c. how exempted from mili-
tary service,

When their service again due.

Presidents to report such to governor,

Rail road connection between northwest
and seaboard guaranteed.

Rail roads terminating in Richmond and
Petersburg to furnish wood cars.

If companies opposed, burden to be ap-
portioned,

INDEX.

EEDEESS OF LOYAL CITIZEXS.

Act for relief of those injured by usurped

power, 1]

What estates devoted to their relief, 12
Act to protect and indemnify citizens of

Virginia, 12

Who liable for confiscating property, 12

Purchasers liable, 12

Judgment, how obtained, 13

Right to recover otherwise, 13
Recovery otherwise not to impair re--

medy given by act, 13

Who liable for leasing property of citizens, 13

How liability enforced, 13

Jury may be summoned, 13
Similar liabilities and proceedings for

emancipating slaves, 13
Liabilities of other persons assisting in

such confiscation, &c. 14
Liabilities for prosecuting suits before

judges, &c. of usurped gm'ernment

or of U. States, 14
Who liable for exposing property of

citizens to sale or confiscation, 14

Purchasers also liable, 15

Judgment, how obtained, 15
As additional remedy, property may be

retaken, 15
Lien on estates of persons liable for

such oiitnces, 15

RESOLUTIONS.

Resolution guaranteeing rail road be-
tween Northwestern Virginia and
the seaboard.

Increased facihties for travel, &c. re-
quired.

Assurance given of a rail road con-
nection.

When surveys should be made.

Resolution as to dividend by Richmond
branch of Exchange Bank,

Amount of dividend.

Resolution to require wood cars for
supplying Richmond and Petersburg,

Duty of board of public works.

If rail road companies opposed, burden
to be apportioned,

Resolution as to marriage licenses in
certaiu cases,

When office of clerk vacant,

Or when clerk absent by reason of in-
vasion.

Duty of justices on clerk's return.

Resolution as to vacancy in oiJico of
assessor under salt act,

Governor to fill vacancy.

Resolution as to adjournment of ge-
neral assembly,

SALT.

Act for production, distribution aud
sale of; general powers of governor.
May pledge faith of commonwealth,
His power over property and franchises,
Salt works not to be purchased,
What property may be seized.
What contracts to be respected.
When contracts with other states to be
disregarded,

27
27

28
28

29
29

3
3-4

V/hen other states to be furnished, 4
Right to manufacture and sell, after

uses of state are supplied, 4
Powers over rail roads and canals for

transportation, ' 4

Places of distribution to be designated, 4

Rules and regulations for sale, 4

Publication of prices, 4
After publication, sale at higher price

a misdemeanor, 4

Violation of rules a misdemeanor, 4

Upon conviction, what fine, 4

Agents for sales, 4

Agents to give bond, 4

Penalty and condition of bond, 5
Amount appropriated to carry out the

act, 5
Payments out of treasury, how to be

made, 5
Board of assessors, how composed and

appointed, 5

What assessments board to make, 5

How assessment to be certified and paid, 5
Certificate to be filed with secretary of

state, 5
Secretary to forward copy to person

entitled, 5

When assessment final, 5
When appeal allowed, and to what court, 5

Proceedings on the appeal, 5
Injunction not to be granted against

governor, 5
How board of assessors to be convened

and paid, 5

Vacancy in office of assessor, how filled, 29

SEIZURE OF PROPERTY.

Authorized, if necessary, for procuring
supply of salt, 3

SENATE.

May restore militia officers removed for
treason or disloyalty, 8

SHERIFFS AND SERGEANTS.

To execute summons for justices under

requisition for slaves, 6

When slaves to be delivered to them, 7

To seize slaves not delivered, 7

To attend sessions of courts under re-
quisition, 7
Sheriff's of Orange and Culpeper allowed

time to quality, 16

Similar provision as to officers of other
invaded counties, &c. 16

SLAVES.
May be called out for work on fortifi-
cations, &c. 6
Call to be made upon request of pre-
sident, 6
Time for whicli they may be called out, 6
Number limited, 6
Requisition to be apportioned ratably, 6
Compensation for services of slaves, 6
Value of slaves, when to be paid, 6
When compensation for injury to slaves, 6
Hired slaves to be regarded as in pos-
session of their owners, 6
Notice of call, how given to counties, &c. 6

INDEX.

Upon such notice, clerks to summon

jiistices,
Summons, how dhected,
Duty of county and corporation courts

thereupon,
Commissioners of revenue to assist,
How requisitions apportioned,
When slaves to be taken ascertained

by lot.
What slaves of soldiers in army exempt.
When slaves to be delivered to sheiiif,
Sheriff to deliver to confederate officer

or agent,
When slaves so delivered must be re-
turned,
Slaves not delivered to be seized by

sheriff,
Duty of confederaie officer in such cases,
Term of service of slaves so seized,
If court fails to act, clerk to notify

governor.
Governor then to impress slaves,
. Mode of impressment.
Term of service for impressed slaves.
Burden to be equahzed among coun-
ties and tov/ns.
Slaves before fiu'nished to be consi-
dered.
When owners may select overseers.
Where overseer to deliver slaves.
If a fit person, overseer to have charge

during service.
How as to subsistence of slaves by

ovx'ner,
Slaves sent voluntarily, how regarded,
President's request for slaves an accep-
tance of the act,
Slaves emancipated by U. S. authority.
Who liable, and what proceeding's.

SMYTH A^D WASHINGTON SALT

WOEKS.

Not to be purchased by governor, 3

SOLDIERS IN AEMY.

When their slaves exempt from req^iisi-
tion, 7

SPIRITUOUS AND MALT LIQUORS.

Act of 1861-2 amended,

Distillation prohibited,

Exceptions,

Violation of this act a misdemeanor.

Penalty,

Act concerning license to distiU from
fruit, &c. amended.

Tax on such license.

What quantity may be distilled without
license,

See Alcohol.

STATES.

Contracts with other states for salt to be
respected,

In what case contracts may be dis-
regarded.

When other states to be furnished with
salt,

SUBSISTENCE.

For slaves in confederate service, owners
may furnish,

TAXES.
On alcohol, 18

On spirits distilled from ff-uit, &c. 20

THOMPSON, JUDGE GEORGE W.

Ordinance suspending his salary, re-
pealed, 23

TOWNS.

See Counties and towns.

TREASON OR DISLOYALTY.

Militia officers may be rcDioved by go-
A'emor for treason or disloyalty, 3

But senate may reverse governor's action, 8

No removals vi'hen arrests can be made
r and charges prefeiTed, 8

! Governor to give reasons for removals to
general assembly, 8

See Redress of loyal citizens.

See United States government.

See L'sm'ped government.

TRIALS.

Of felonies charged in invaded counties,
&.C. how provided for, 17

{ L^xITED STATES GOVERI^IENT.

i Persons holding office under or aiding,

I subjected to further liabilities, 13-14

I Also those acting under U. S. confisca-

I tion and emancipation laws, 14-1.5

Record evidence of official position not
I required, 14

USURPED GOVERNMENT.

Established within this commonwealth, IT

Persons establishing, or holding office
under, incapable of conveying real
estate, 11-12

Their estates devoted to redress of loyal

citizens, 12

What hens on such estates not im-
paired, 12

Other liabilities of officers, &c. of
usurped government, 14

VIRGINIA STATE LINE.

Medical director of, may contract for

spirituous liquors, 19

WASHINGTON AND SMYTH SALT
WOEKS.

Not to be pm'chased by governor, 3

WATER WORKS.

Officers cf, how exempted from military
service; when remanded to service, 10

WHISKEY.

See Spiritiious and malt liquors.

WOOD.

Cars to supply Richmond and Peters
burg to be furnished by rail road
companies, 28

If companies opposed, burden to be

apportioned, 28

ACTS

OF THE

GENERAL ASSEMBLY

OF THE

ST_A.TE! OF VIEGT]Sri^,

PASSED AT ADJOURNED SESSION, 1863,

IN THE

EIGHTY-SEVENTH YEAR OF THE COMMONWEALTH,

RICHMOND:

WILLIAM F. RITCHIE, PUBLIC PRINTER.
1863,

PUBLIC OR GENERAL ACTS.

Chap. 1. — An ACT imposing Taxes for the Support of Government.
Passed March 28, 1863.

Be it enacted by the general assembly, that the taxes on the per-
sons^nd subjects in this chapter mentioned, or required by law to be
listed or assessed, shall, for the year commencing on the first day of
February eighteen hundred and sixty-three, and thereafter, be yearly
as follows :

Taxes on lands and lots.

1. On tracts of lands and lots belonging to any person, firm, com- Tax on lauds
pany or corporation, with the improvements thereon, not exempt

from taxation, one per centum on the assessed value thereof.

Personal property. ♦

2. On all the personal property (except property owned and not On personal
hired or impressed by the confederate government), moneys and sol- neys'^and' credits
vent credits, as defined in this section, including all capital, personal

property and moneys of incorporated joint stock companies (other than
rail road, canal or turnpike companies), and all capital invested, used
or employed in any manufacturing, tradie or other business, one per
centum on the assessed value thereof. But property otherwise taxed, what exempted
and property from which any income is derived, or on the capital in-
vested in any trade or business, in respect to which a license so taxed is
issued, certificates of stock, moneys and personal property that consti-
tute part of the capital of any bank, savings institutions and insurance
companies shall not be listed under the provisions of this section.
The ,word "moneys" shall be construed to include not only gold, Moneys, what
silver and copper coin, but bullion and bank notes, and confederate '""^ ""^^"^ "^
and state treasury notes, and county and corporation notes. The Credits, how
word "credits" shall be construed to mean all bank, state or cor- *^°°^ "*^
poration stocks, claims or demands owing or coming to any per-
Bon, whether due of not, and whether payabld in money or other
thing, after deducting therefrom all bona fide debts due by such per-
son as principal debtor. Money and credits in any state of the Con- Moneys and
federate States, or in any other country, owned by any resident of g^^feg^ty wW
iJiis state, shall be listed by such resident, and taxed to him at the ''^*''^
rate prescribed by this act. In ascertaining the value of such money how vaiae m-
or credits, the commissioner shall examine the person on oath, if to *'®'"*"*^^
be found ; if not found, shall assess the same upon the best informa-

# FINANCIAL. — TAXES.

tion he can obtain, and shall add to, or deduct the exchange on the
value of such money or credit between this state and such state or
country where such moneys or credits may be, to be computed as of
the first of February next preceding.

Free negroes.

Free negroes 3. On every male free negro who has attained the age of twenty-

one years, two dollars ; but no tax shall hereafter be assessed or col-
lected on such free negro under the act of the sixth of April eighteen
hundred and fifty-three, establishing a colonization board.

White males.

White males 4. On every white male inhabitant who has attained the age of

twenty-one years, not exempt from taxation by order of the court, in
consequence of bodily infirmity, two dollars.

Public bonds.

Interest on pub- 5. On the interest or profit which mav have accrued, and is sol-
^ "^ ^ tent, or which may have been received by any person, or converted

into principal so as to become an interest bearing subject, or other-
wise appropriated, within the year next preceding the first day of
% February of each year, arising from bonds, interest bearing treasury
notes, or other certificates of debt of the Confederate States, or of
this or any other state or country, or any corporation created by this
or any other state, whether the stock of such company be exempt
from taxation or not, seventeen per centum. But such interest or
profits derived from bank stock or shares of savings institutions and
insurance companies which jKiy taxes thereon into the treasury, shall
not be included herein, unless invested oi* otherwise appropriated;
and if so invested or otherwise appropriated, the tax thereon shall be
at the rate of one per centum on the assessed value thereof. If no
interest shall have been received within tlie year preceding the first
day of February, then the value of the principal of such bonds shall •
be assessed, and taxed as other property, and as prescribed by law.

Bank dividends.

Onbankdm 6. On .the dividends declared by any bank incorporated by this

*^'''° ** state, the tax shall be seventeen per centum upon the amount there-

of; to be paid into the treasury by the bank. If the dividend be
that of a bank incorporated elsewhere, the tax shall be seventeen per
centum upon the amount thereof; to be assessed and collected as
other taxes. *

Dividends of sLeain boat and such like cotnpanies.

On dividends of 7. On the dividends declared within the year next preceding the

8imU^r''com-'^^ ^1*8* ^^7 ^^^ February, if the s^me be equal to or over six per centum

panies qjj ^^ capital, by steam boat and companies of. similar character, not

specially named for taxation, whether incorporated by this or any

FI]SrA]?rCIAL. TAXES. §

other state, or whether operating with or without a charter, seventeen
per centum. If there be no dividend, or such dividend be not equal
to sis per centum of suQh capital, then such company shall pay a tax
on its capital at the rate of one per centum on such capital. For
this purpose, capital shall be held to consist of stock subscribed,
money deposited, and bonds, certificates and other evidences of debt
held or owned by such companies.

Savings hanlcs and insurance companies.

8. Savings banks and insurance companies, whether incorporated On savings

by this state, or operating without a charter granted therein, shall, ranee companies
in June and December of each year, either cTeclare a dividend of
profits arising out of the operations of such savings banks and insu-
rance companies, for the six months ending on the first day of June
and December next preceding, or determine their inability to do so. If
a dividend be declared of as much as three per centum of its capital,
as herein defined, the said institution and company shall cause a tax,
at- the rate of seventeen per centum per annum, to be paid into the
"treasury, and the same shall be retained from the dividend on which
it is payable. If there be no dividend, or if such dividend be not as
.much as three per centum of such capital, as herein defined, then
such institution and such company shall pay into the treasury a tax
on its capital at the rate oT fifty cents on every hundred dollars of
such capital. For this purpose, the capital stock shall be held to <
consist of stock subscribed, money deposited, and bonds, certificates ■
and other evidences of debt held or owned by such institution and
company. ' Between- the first and fifteenth of June and December of
eacii year, such institution and company shall certify, on the oath of
its chief accounting ofiicer, the amount of the dividend declared, if
any, and of its capital, where no dividend has been declared, and
shall pay the tax herein imposed into the treasury. If any such in-
stitution or company fail to make such report and pay such tax, it
shall be liable for the same, and forfeit not less than five hundred
dollars nor more than two thousand dollars.

Dividends of companies not incorporated hy this state.

9. On dividends of rail road or other like companies not incorpo- On companies
rated by this state, the tax shall be seventeen per centum upon the by the^state^'^'*^
amount thereof; to be listed. and charged to the recipient of such
dividends,, or those entitled to receive the same. If such dividend

be not equal to six per centum of such capital, the stock so held shall
be listed and taxed as other property, and no tax shall be imposed
on the dividends of such companies.

Income.

10. On the income, salary, compensation or fees received during on income or
the year ending the first day of February of each year, in considera- ^^^

tipn of the discharge of any office or employni,enJ_jn„t.!ije^.eryi&e.of,

6 FINANCIAL. — TAXES.

the Btate, or in consideration of the discharge of any office or em-
ployment in the service of any corporation, or in the service of any
Exception company, firm or person, except where the service is exclusively that

of a minister of the gospel, two and one-half per centum upon so
TaxpH of officers much thereof as exceeds five hundred dollars. The tax on a salary,
hovv paid ' payable under this section by an officer of government, receiving the
same out of the treasury, shall be deducted at the rate chargeable
on the annual salary, on the amount drawn from the treasury at the
time the salary is audited and paid; and fees or other income of such
officer shall bclisted and assessed by the commissioners as in other
cases, and at the rates prescribed thereon.

Profits.

On profits 11. The commissioner of the revenue shall ascertain from, and

assess for taxation against, every person in his district, the net in-
come of such person, received or realized, though not received,
during the yeax nest preceding the first day of February of each
year, derived in any of the modes following, set:

First — All profits from any licensed trade, business or occupation.

Second — All profits from the Use of money by another, for the
benefit of the owner thereof.

Third — All profits from buying and selling, or from the exchange of
^ real or personal property, or from buying and selling, or from the ex-
change of bonds, public and private, stocks and other choses.in
AVbaf exempted action, and all profits from any other trading or speculating: pro-
vided, however, that this section shall not be construed to embrace
the agricultural products, when sold by the producer, or the personal
property used in raising said products, nor cattle or other live stock,
when sold by the person assessed with the tax on said cattle or other
live stock; nor cattle or other live stosk sold by the person who has
grazed or fed the same for a period not less than three months pri&r
to such sale; nor a sale of real or personal property, purcliased by.
the vendor for his own individual use, and not for resale by him ; nor
any income, salary, compensation or fees received from the discharge
of any office or employment mentioned and taxed under the provi-
sions of the next preceding section. The auditor of public accounts
shall make such rules and regulations for the guidance of the com-
missioner under this section, as he shall deem proper ; and shall, for
that purpose, direct the examination on oath of any party concerned,
and of any other person whose evidence inay aid the commissioner in
the performance. of his duty.

Erronooua as- 12. Ecdress for any alleged erroneous assessment, and all pro-
rodreUed cccdings thereon, shall be regulated by the laws in force in other

cases.

Kate of tax 13. The tax under this section sha^l be ten per centum upon so

touch of the net income, assessed as herein before provided, as ex-

FINANCIAL. TAXES. 7

eeeds the sum of three thousand dollars : provided, that all licenses, Wh&t deducted

. T .. , 3-' 1 c 3 from gross in-

taxes or per centage taxes paid tor the year preceding the hrst day come .
of February eighteen hundred and sixty-three, by persons who may
have obtained a license, shall be abated from the gross incomes, in
order to ascertain the net incomes taxed under this section ; and all
other expenses incurred in carrying on the business which may have
produced such income for said year, and all county, city and corpo-
ration taxes for the privilege of carrying on said business for said
year, shall be abated from the gross income.

Toll bridges.

14. On the yearly rent or annual value of toll bridges and ferries, On toil bridgeg
whether authorized by law or not, other than those toll bridges and

ferries exempt by their charter from taxation, seventeen per centum.

Collateral inheritances.

15. On the estate of a decedent, which passes under his will or by On collateral iu-
descent to any other person, or for any other use than to or for the

use of the father, mother, husband, wife, brother, sister, nephew,
niece, or lineal descendant of such decedent, there shall be a tax of
three per centum of such estate.

Estates passing under sequestration acts.

16. On all estate, which, under the eifect or by the provisions of On estates ucder
the sequestration act of the confederate congress, or any act amen- ^t"*"*
datory thereof, may legally pass, otherwise than by purchase, to any

person, there shall be a tax of ten per centum on the value thereof.

Internal improvement companies.

17. On every passenger transported on any rail road or canal in on intemoi im.
this state, for and on behalf of this state or of the Confederate States, Sanies'"'"' '"^
one and a half mill for every mile of transportation ; and on all

freight so transported, three-fourths of one per centum of the gross
amount received by the company controlling such rail road or canal,
for the transportation of such freight, or for tolls thereon, or for privi-
leges granted thereby ; and on every passenger transported on any
rail road or canal in this state, other than those above mentioned,
two and a half mills for every mile of transportation ; and on all
freight so transported, other than that abbve mentioned, one and a
quarter per centum of the gros^ amount received b}' the company
controlling such rail road or canal, for the transportation of such
freight or tolls thereon, or for privileges granted thereby. And it
shall be the duty of every such company to collect for the state the
tax herein imposed ; and every rail road company or canal company, when and what
whether exempted from taxation by its charter or not, shall hereafter ditor^""^
report quarterly, on the fifteenth day of March, June, September
and December in each year, to the auditor of public accounts, the
number of- passengers transported, and the aggregate *iumber of

8 FINANCIAL. TAXES.

miles traveled by them within this commonwealth, and the gross
amount received by such company for the transportation of freight
over such road or canal, or any part thereof, or water or other im-
provement owned or connected therewith, during the quarter of the
year next preceding the first day of the month in which such report

When only. is t^ be made. Such company, whose road or canal is only in part

state^ '" * within the commonwealth, shall report as aforesaid such portion only
of such amount received for passengers and for transportation of
freight, as the part of the said road or canal which is within this

Tolls, how to be commonwealth bears to the whole of such road or canal. If the
profits of such road or canal consist in whole or iii part of tolls, the
gross amount thereof shall, for the purposes of this act, be construed
to be a part of the gross amount received for the transportation of

Kxfmptions an- freight. It is the intentioii nf this act to abrogate and annul all ex-
emptions from taxation of any such company, contained in its char-
ter, during the existing war, and to subject such company to the
uniform rate of taxation prescribed by law, so far as the general as-
sembly hag power to do so. The property of such company, over
and above the property they are authorized by its charter to hold,
shall«be taxed as other property.

Statement of rail road officers.

Report made on 18. Such Statement shall be verified by the oaths of the president
°^* and the superintendent of transportation, or other projter officer.

Fenaity for Evcry compauy failing to make such report, shall be fined five hun-
dred dollars ; and any company having a subordinate board, or any
board managing any part of its works, may by its by-laws create and
enforce such penalties as will secure proper reports of such compa-
Wheii taxes'to nies. At the time of making such reports, such company shall pay
treasury"'*' ^ Joto the treasury the taxes imposed on passengers, freight, tolls and
privileges, as in this act provided. Every such company paying
such taxes, shall not be assessed with any tax on its lands, buildings,
cars, boats or other property (owned but not hired) which they are
When liable to authorized by law to hold or have But if any such company fail
liindsand^ other to pay such taxes at either of the times specified therefor, then its
property lands, buildings, cars, boats and other property shall be immedi-

ately assessed, under the direction of the auditor of public accounts,
by any person appointed by him for the purpose, at its full yalue,
and a tax shall at once b(? levied thereon as on real estate and other
property, at twenty-five cents on every hundred dollars value thereof,
on account of each quarterly deftiult; to be collected by any sheriff
whom the auditor may direct ; and such sheriff shall distrain and
sell any personal property of such company, and pay such taxes into
the treasury within three months .from the time when such assess-
ment is furnished to him.

Express companies.
Express com- 19. Evairy express company shall make return to the auditor of

panies to report '

FINANCIAL. TAXES. 9f

pnblic accounts, on or before the fifteenth day of March, June, Sep- quarterly to au
tember and December of each year, of the gross receipts of such
company, on account of any transactions, profits or charges within
the state of Virginia, within the three months next preceding the first
day of March, June, September and December of each year. If the Form of rejsnrt
auditor of public accounts shall have preecribe'd a form for such re-
turn, tl^e said report shall be in the form prescribed. If no such
form shall have been prescribed, the report shall be in such form as
will best, disclose the operations of such company. The report of
such company shall be verified by the oaths of the agents and chief
officers of such company, at its principal office in this state. The re-
port shall show the gross receipts and charges of such company for
business done in this state, whether collected in or oiit of the state.
Such expresi company shall be the collector for the state of the taxes
herein imposed, and shall, on or before the fifteenth day of March, .
June, September and December, pay, on the total receipts so reported,
a tax of two and one-half per centum. For a failure to make such. Penalty forfail-

, » -, ure to report

report or pay such tax, a penalty oi not less than one thousand nor
more than five thousand dollars shall be imposed upon the company
80 failing. For the payment of the tax and of such penalty, the stockholders
stockholders and members of such company shall be personally liable, liable for,tax
and judgment may be rendered against them, or any of them, perso- ''°' ^'^"'^ ^
nally, in the circuit com-t of tlie city of Richmond, in the mode pre-
scribed by law. Such company .and its officers and agents are here- Not to do bro-
by prohibited from doing any business appertaining to the business
of a broker or merchant, unless licensed as broker or merchant.
Such principal officer shall require from the several agents employed
by such company, a report of their transactions on oath ; which re-
port, so sworn to, shall accompany the report of the chief officer to
the auditor of public accounts. All reports made after the first day
of December eighteen hundred and sixty-two, shall be made under
the provisions and in pursuance of this act. Such company, its offi- Penalty for
eers and agents, doing business as broker or merchant, without a of broker or
license, shall forfeit not less than two hundred nor more than two ™*^'^''
thousand dollars.

Suits.

20. When any- original suit, ejectment, ♦attachment (other than on Original suits
a summons to answer a suggestion* sued out under the proyisians of

the eleventh section of chapter one hundred and eighty-eight of the
Code) or other action is commenced in a circuit, county or corpora-
tion court, there shall be a tax of one dollar and seventy cents ; if it Appeals
be an appeal, writ of error or supersedeas in a circuit court, there
shall be a tax of thre.e dollars and forty cents ; if it be an appeal,
writ of error or supersedeas in a district court, eight dollars and fifty
cents ; and if in the court of appeals, eight dollars and fifty cents.

Seals:

21. When the seal of a court, of a notary pt^^lic or the seal of OneeaJs

FINANCIAL. TAXES.

the state is annexed to any paper except in those cases exempted by
law, the taxes ^hall be as follows : For the seal of the state, five doi-
lars; for any other seal, two dollars and fifty cents; and herein shall
be included a tax on a scroll annexed to a paper in lieu of an official
What exempted seal. But this section shall not apply to seals of courts affixed to
bonds of any county, executed for money raised to aid in equipping
• soldiers of such county, or to aid in the support of the families of

such soldiers; nor shall the tax provided in this section apply to any
seal of a court affixed to any papers required in order to receive the
arrearages of pay or allowances due to a deceased soldier, either from
this state or the Confederate States.

Transfer of stale stock.

22. For the transfer of all state stock to be registered in the office
of the second auditor, for each certifiaate of sto'ck, there shall be a
tax of ten cents for every hundred dollars. It shall be the duty of
the second auditor to collect said tax before the delivery of such cer-
tificate of transferred stock, and render an account of receipts for
each preceding quarter of a year, and pay the same into the treasury,
at the end of each quarter, to the credit of the commonwealth, de-
ducting five per centum thereupon as his compensation.

Wills and administrations.

23. On the probate of every will or grant of administration not
now exempt by law, there shall be a tax of two dollars and fifty cents.

Deeds.

On deeds 24. On every deed admitted to record, ■^^^ther the same has been

recorded before or not, and on every conti"SW relating to real estate,
whether it be a deed or not, which is fi'dmitted to record, there shall
be a tax of two dollars and fifty cents.'

Bank corforations .

Bank charttrg ^ 25. Ou every law incorporating or chartering or rechartering any
bank, with a capital not exceeding two hundred thousand dollars,
there shall be a tax of one hundred and twenty-five dollars: with a
capital of over two hundr^ thousand dollars and not exceeding four
hundred Aousand dollars, there shall be a tax of two hundred and
fifty dollars ; with a capital of over four hundred thousand dollars
and not exceeding six hundred thousand dollars, there shall be a tax
of three hundred and seventy-five dollars ; with a capital of over six
hundred thousand dollars and not exceeding ei'ght hundred thousand
dollars, there shall be a tax of five hundred dollars ; and with a capital
of over eight hundred thousand dollars, there shall be a tax of six
huiidred and twenty-five dollars.

Manufacturing • companies.
Charters of ma- 26. On every lajv incorporating or rechartering any oil, iron, coal

On transfer of
mate stock;'

How tax col-
lected

Compensation
of second au-
ditor

On wills and ad-
minigtratioDii

FINANCIAL. TAXES. 11.

or manufacturing company, if the maximum capital is one hundred nufactnrmg
thousand dollars or legs, there shall be a tax of one hundred »and '^°™P'*"'®*
twenty-five dollars; and if it exceed that amount, there shall be a
tax of two hundred and fifty dollars.

Gas light and other companies.

27. On every law for the incorporation of anv canal, rail road. Charters of gaa

". - ' . ,, , light and other

insurance, gas Jignt, express or telegraph conipau}-, it the maximum companies
capital is one hundred thousand dollars or less, there shall be a tax
of one hundred and twenty-five dollars ; and if it exceed that amount,
there shall be a tax of two hundred and fifty dollars : provided, that
the tax imposed by this section shall not apply to the Virginia canal
company.

Savings institutions.

28. On every law chartering, renewing or extending the charter Charters of

f • '.,.,. -i.,! . -1. , T-, savinga iustitu-

or any savings institution, it the maximum capital is oile hundred tioiw
tliousand dollars or less, there shall be a tax of one hundred and
twenty-five dollars ; and if it exceed that amount, there shall be a
tax of two hundred and fifty dollars.

Private corporations.

29. On every law chartering, renewing or extending the charter Private chartem
of any private corporation, other than those herein before mentioned,

and other than acts for the incorporation of a college, academy,
seminary of learning, or literary or charitable institution or cemetery,
if the maximum capital is one hundred thousand dollars or less,
there shall be a tax of one hundred and twenty-five dollars; and if
it exceed that amount, there shall be a tax of two hundred and fifty
dollars.

Unorganized companies, how taxed. '

30. All the acts of assembly creating or continuing corporations Unorgaiiiied
mentioned in this act, which, since the third day of April eighteen °'^™^'*^
hundred and sixty-one, have not been organized, by accepting the
charter granted to the corporators, and paid the taxes thereon, ac- >
cording to the provisions of the act entitled an act imposing taxes

for the support of government, passed April the third, eighteen

hundred and sixty-one, sTiall hereafter, upon being organized, or upon when to make

accepting the charter, return a statement, verified by the oath of the ^^^°^ °^° ""^

president or other proper officer, to the auditor of public accounts,

showing the amount of the capital of \\\fi company or corporation of

which he is president, on or before the first day of July, eighteen

hundred and sixty-three ; and those corporators omitting so to accept

the charter, and to return by that time, and afterwards accepting,

shall, on or before the first day of July in the year next after sucli

acceptance, make such report, and at the same time pay into the

treasury the amount of tax imposed by tKis act. '

FINANCIAL. TAXES.

Ordinaries and
pnblic eDter-
lii'.nnifnt.

L/icenee to sell
ardent spirits

On licenses.

Ordinaries.

31. The taxes on licenses shall be as follows: On a licensr to
keep an nrdiriRry or house of pnblic ontertpinraont, one liunclreil i!"]-
lars ; and if the yearly value of such house and furniture, whether
rented or kept by the proprietor, exceed one hundred dollars, and is
less than two hundred dollars, the tax shall be one hundred and
twenty-five dollars; and if the yearly value thereof exceed two hiin-
d'red dollars, there shall.be added to the last mentioned suA thirty-
four per centum on so much tbereof as exceeds two hundred dollars ;-
and if the license grants tlie privilege of retailing ardent spirits, .
porter, ale or beer, to be drank elsewhere than at such ordinary, there
shall be added to said license a tax of one hundred and twenty-five
dollars, in addition to the amount otherwise imposed ; and if the
business be continued, there shall also be a tax of two and a half
per centum upon the amount of such sales for the preceding year, in
addition to the specific tax. But the privilege to sell ardent spirits
hereby authorized, shall not be construed to authorize the sale of any
other thing under cover df a license to keep an ordinary; and any
sales not authorized at such ordinary, shall be deemed to be sales
made by the ordinary keeper without license. All houses at any
time heretofore kept as hotels or licensed ordinaries, shall be deemed
to be houses of public entertainment ; and if licensed, shall be licensed
as such, with or without the privilege of selling ardent spirits. *

Private entertainment.

Private enter- 32. On a Hccnse to keep a house of private entertainment or a
boarding houses private boarding house, twenty dollars. If the yearly value thereof
and furniture exceed one hundred dollars, there shall be added to the
last mentioned sum twenty-five per centum on so much thereof as
exceeds one himdred dollars. But no house shall be deemed a pri-
vate boarding house, with less than five boarders.

Not to include
gaJe of other
tbinga

What houses
deemed ordl-
saries

Cook shops and
eating houses

Cook shops and eating houses.

33. On every license to keep a cook shop or eating house, fifty
dollars; and in addition thereto, fifty per centum on so much of the
yearly value thereof as exceeds one hundred dollars.

Bowling alleys.

Bowling alleys 34. On every license permitting a bowling alley or saloon to be
kept for a year, one hundred 'and twenty-five dollars; but if there
be more than one such alley kept in any one room, forty dollars each
shall be charged for the excess over one.

• Billiard tables.

Billiard tables 35. On evcry license permitting a billiard table to be kept for a

FINANCIAL. ^TAXES. W

year, two hundred and fifty dollars ; but if there be more than one
such table kept in any one room, one hundred and twenty-five dol-
lars each shall be charged for the excess over one table.

Bagatelle tables.

36. On every license permitting a bagatelle or other like table toBijateiie tables
be kept for one year or any less time, fifty dollars for the first, and

if more than one, thirty dollars for each additional table.

Livery stables.

37. On every license to a keeper of a livery stable, two dollars Livery stabiea
and a half for each stall thereof; and herein shall be included as What inciudea
stalls, such space as may be necessary for a horse to stand, and in

which a horse is or may be kept at livery otherwise than for the pur-
pose of feeding horses by one day only ; and no exemption from this Ordinary keep-
license shall be allowed to any person in consequence of such person *" "^^ oxemp
being licensed to keep an ordinary or house of private entertainment,
if any horses be kept, fed or hired for compensation by the proprie-
tor thereof, except ^at no tax shall be required on such stalls as arc
kept exclusively and used for horses belonging to travelers or guests
stoppmg at such house.

License to distill or rectify ardent spirits.

38. On every license to distill or rectify ardent spirits, if the nia- Distilling or rac-
chinery be propelled by steam power, the tax shall be two hundred ^iruf

and fifty dollars ; if the machinery be not so propelled, the tax shall
be one hundred and twenty-five dollars ; and if the distillery is for
the manufacture of ardent spirits from fruit, vegetables, syrup, mo-
lasses, sugar cane or sugars only, the tax shall be twenty dollars, and
no deduction shall be allowed if the privilege be exercised for less
than a year. In either case, there shall be a tax of fifty cents per Ad.iitionai tax
gallon on the quantity of ardent spirits to be manufactured, which ^" "'^'^"^
shall be stated in the license ; and when the quantity so stated shall
have been made, the license thereafter shall be void ; and any person
continuing the manufacture, after the quantity named in the license
shall have been made, shall be liable to all penalties of a person dis-
tilling without a license.' If the person desiring such license make Ht)w quaatity
application therefor, he shall state on oath the probable quantity ^° ^® "^'^^'''^'"^
which in his opinion he will distill during the time the license is to
continue, and the tax shall be assessed as well for the specific amount
as upon the quantity to be produced. If the application shall not be
made to the commissioner for an assessment, the commissioner shall
assess the specific tax as in other cases of default, and shall ascer-
tain, upon the best information he can obtain, the probable quantity
which the distillery will produce during the time the license wiU con-
tinue, and shall therefrom assess the actual rate per gallon provided
for in this act. If the quantity to be manufactured under such li-
cense shall have been made, and the person desires an enlargement

FINANCIAL. TAXES.

When thiB geo-
tion to corn-

Merchant's
specific tax
Tax, when pro-
portioned to
saiBB .

JJeense tax to
be had for sell-
ing articles for
otbera

Kot to sell at
avttion except

to close buBineBB

Mvf^aatt'

of the quantity, he may. apply for a new assessment and new licence
for the additional quantity desired, which shall be granted upon the
payment of the tax on the gallon, without the specific tax to rectify
or distill. This section of this' act shall be in force from the passage
thereof, so far as to impose the tax for the manufacture of ardent
spirits from fruit, vegetables, syrups, molasses, sugar cane or sugars ;
for the manufacture of ardent spirits for the confederate government,
or under any contract or agreement therewith; and shall, be in force,
as to the manufacture of liquors generally,* from and aftef the time
the act entitled an act to prevent the unnecessary consumption of
grain by distillers and other manufacturers of spirituous or malt
liquors, passed March twelfth, eighteen hundred and sixty-two, shall
expire : provided no license or tax shall be required of any person
for manufacturing thirty-three gallons, in one year, out of the fruit,
vegetables, syrups, molasses, sugar cane or sugars of his own pro-
duction, for his own use.

Merchants.

39. On every license to a merchant or mercantile firm, where a
specific tax is to be paid, one hundred and fifty dollars; and where
the tax is in proportion to the sales, if the taxable sales shall be un-
der one thousand dollars, the tax shall be fifty dollars ; if one thou-
sand dollars and under fifteen hundred dollars, sixty dollars; if fif-
teen hundred dollars and under twenty-five hundred dollars, eightjr
dollars ; if twenty-five hundred dollars and under five thousand dol-
lars, one hundred and twenty dollars ; if five thousand dollars and
under ten thousand dollars, one hundred and ninety dollars ; if ten
thousand dollars and under fifteen thousand dollars, two hundred and
forty dollars ; if fifteen thousand dollars and under twenty thousand
dollars, two hundred and eighty dollars ; if twenty thousand dollars
and under thirty thousand dollars, three hundred and fifty dollars ;
if thirty thousand dollars and under fifty thousand dollars, five hun-
dred and twenty dollars ; and if over fifty thousand dollars, twenty-
five dollars for every ten thousand dollars excess over the said sum
of fifty thousand dollars. In addition to the amount herein required
to be paid upon taxable sales, there shall also be paid a license tax
of three-tenths of one per centum upon the amount of all articles
sold by said merchant for others, whether such goods be agricultural
productions, or other articles exempted in the hands of the producer
or owner from taxation or otherwise. If any merchant is about to
close out and discontinue his business, he may sell the same by auc-
tion ; but under no other circumstances shall he sell by auction, un-
less he obtain a license as auctioneer. But nothing contained in this
section shall be construed to authorize any such person to sell wine,
ardent spirits, or a mixture thereof.

Merchants^ permission to sell ardent spirits.

40. In every case in which the license to a merchant or mercan-

FINANCIAL. TAXES. V^

tile firm includes permission to sell wine, ardent spirits, or a mixture license to sell
tliereof, porter, ale or beer, by wholesale and retail, or by retail only, ^^^'^^^ spmts
if such merchant or firm sell by wholesale and retail, or by wholesale
cnly, an additional tax of two hundred and fifty dollars ; and on the Tax on sales of
amount of such sales within the year next preceding, there shall be ^""^^ i^gryear
a tax of two and one-half per centum on the amount of such sales
for the year next preceding the time of obtaining said license, in ad-
dition to the specific tax imposed as aforesaid ; but said sales shall
BOt be estimated in ascertaining the amount of a merchant's license,
except where stlch merchant fails to take out a license to sell ardent
spirits ; in which case, the sales of liquors for the preceding year
shall be estimated as part of the sales of merchandise, whether such
liquors were sold under a license or not, and on such part of his sales
there shall be an additional tax of ten and one-half per centum. •

Merchant tailors and others.

41. Merchant tailors, lumber merchants and dealers in coal or Merchant
wood, shall obtain license as merchants, and be assessed and taxed
'ihereon as other merchants are by the preceding sections of this act,

and shall be subject to like penalties for conducting such business
without a merchant's license, except that any captain or other per-
son having thelilommand or control of any vessel, shall not be re-
«q[aired to take out a license to sell wood by retail from such vessel.

Commission merchants.

42. The tax on every license to a commission merchant, forward- Commii^sion
ing merchant or ship broker, shall be one hundred dollars each for
commencing business ; and if to continue such business after the Additional tax
sarlie has been carried on for one year, the tax on such license shall businesB°^'°^
be five per centum on the amount of all commissions of every kind
received ; and this tax shall be in addition to such tax as may be im-
posed on a licen^ to such merchant or firpi to sell goods, wares or
merchandise. All goods consigned to any such commission mer-
chant or forwarding merchant, whether such goods be agricultural
productions, or other articles exempted in the hands of the producer

<or owner from taxation, shall be included as subjects of taxation,
ander the provisions of this section.

General auctioneers.
i.

43. On every license to an auctioneer or vendue master to sell General auc-
goods, wares and merchandise at public auction, sixty-five dollars ;

and if the place of business be in a town containing, when assessed,
a population of three thousand inhabitants, eighty dollars; if the
population exceed three thousand, an additional tax of forty dollars
for every thousand persons above that number, and at that rate for
any fractional excess less than one thousand ; but such license shall
not authorize the sale of slaves or real estate at auction. On every For continuiag

busiuesa

FINANCIAL. — TAXES.

"Where sales to
be made

license to an auctioneer or vendue master in this section mentioned,
to continue the business after the same has been carried on for a
year, there shall be an additional tax of five-eighths of one per cen-
tum on the amount of taxable sales of such auctioneer or vendue
master for the preceding twelve months. But no sale shall be made
at any place other than the house named in the license as the place
of business, or at suph other place as the person owning the property
is authorized to sell the same ; but this prohibition shall not apply to
cargo sales, or the property of persons closing out business for which
they have a license; and no goods shall be consigned to such auc-
tioneer for sale, unless the owner thereof has obtained a merchant's
license for a period as long as one whole year.

Negro auc-.
tioneers

Negro auctioneers.

44. On every license to an auctioneer or vendue master to sell
slaves at public auction, sixty-five dollars ; and if the place of busi-
ness be in a town containing a population of three thousand inhabi-
tants, eighty dollars ; if the population exceed three thousand, an
additional tax of forty dollars for every thousand persons above that
number, at the time of making the assessment, and at that rate for
any fractional excess less than one thousand. On every license to
an auctioneer or vendue master, in this section mStioned, to con-
tinue the business after the same has been carried on for a year, a,ii
additional tax of one-half of one per centum on the amount of tas*-
able sales of sucli auctioneer or vendue master.

Real estate auctioneers.

Kcai estate 45. On evory license to an auctioneer or vendue master who deals

exclusively in real estate, sixty-five dollars; and if the place of busi-
ness be in a town containing a population of three thousand inhabi-
tants, eighty dollars; if the population exceed three thousand, an
additional tax; of forty dollars for every thousand persons above that
number, and at that rate for any fractional excess less than one thou-
sand. On every license to an auctioneer or vendue master in this
section mentioned, to continue the business after the same has been
carried on for a year, an additional tax of one-half of one per centum
on the amount of taxable sales of such auctioneer or vendue master.
"Taxable sales," in this and the two preceding sections, shall be
construed to embrace all sales made by such auctioneers or vendue
masters, whether such sales be public or private : provided, that such
tax on private sales shall not apply to cases whefe the merchant's
tax is payable on said sales.

Common crier.

Common crier 46. On every license to a common crier, if in a town of more than
one thousand inhabitants, twenty-five dollars; but he shall not be
authorized to act in tl\e sale of any property belonging to a4y person.

Ta.table saleg,
how coniitrued

• ; - FINANCIAL. TAXES. 17

nnlesg such owner is aifthorized to sell sucli property without a license.
or l^as obtained license to do so.

Samjde merchants.

47. On evcrv license to sell c-ooda br sample, card c-r other repre- Sample mcr-

r^ 1 n T -I 11 ' chanta

seBtation, live hanared dollars.

Telegraph companies.

48. On every license to a telegraph company to operate within Toicorrai>h eom-
this state, one hundred and sixty-five dollars; and on the business of ^'^"^^^

the preceding- year, an additional tax of two and a half per centum
OB the gross receipts received or contracted to be reoeived by such
company for business done within the year next preceding the time
of obtaining license.

Patent rights.

49. On every license to sell or barter the right to manufactTire or Patent right?
use any machinery or other thing patented to any person or company,

under the laws of the Confederate States, twenty-five dollars in each
county; and no merchant shall sell the sa.me without an additional
license and the payment of the tax prescribed by this section. But
patentees who are citizens of Virginia shall not be subject to the tax
imposed by this section.

' . Medicines.

.50. On every license to sell medicines, if by retail, sixty-five dol- Medicines
lars; and if by wholesale, one hundred and twenty-five dollars. A
person having a merchant's license may sell medicines without any
additional license, unless the same be sold on a comicission; in which
case, the additional license and tax shall be imposed. Such license
shall continue to be construed not to authorize the sale of ardent *•

spirits by prescription or otherwise.

Boole agcjits. ■ y

51. On every license to a person obtaining subscriptions to books. Boot agpnts
maps, prints, pamphlets or periodicals, sixty-five dollars for each
connty, city or town. On every license to sell or in any manner fur-
nish the same, sixty-five dollars. If the person obtaining such license
has not been a resident of the Confederate States two years, the tax
shall be in each case five hundred dollars. But any person who has
been a resident of the Confederate States for tw'o years, desiring to
distribute or sell any religious books, newspapers or pamphlets, may •
apply to the county or corporation court of each county, city or town
in which he may desire to distribute or sell the same ; and such court,
upon being satisfied that such person is a proper person for such duty,
may grant him a license without the imposition of any tax for the
privilege ; but this section shall not apply to books, newspapers or
pamphlets written by citizens of, or published in the Confederate ~
•States. • i: - . ' ■

18 DISTILLATION.

Sales, how re- G. Eveiy sale of alcohol made by the manufacturer shall he re-
^°"^'^ portcnl to tiie governor, or such other authorities as may he prescribed

Penalties hj him ; and any manufacturer of alcohol who shall attempt to sell

to any one, except for the purpose herein before mentioned, or who
shall violate any of the provisions of this act, shall be subject to all
the penalties prescribed by an act to prevent the unnecessary con-
sumption of grain by distillers and other manufacturers of spirituous
Fine for remo- or malt liquors : and any person wlio shall alter or remove from any
mark ^''"^^^ ^ cask Or otliev vessel of alcohol, the mark placed upon it by the
ganger, shall be liable to pay a fine of not less than one hundred
dollars ; to be recovered by motion, after ten days' notice, before any
court of the commonwealth ; one-half to the informer, and the other
half to the commonwealth.

Sale of alcohol 7. All persons who shall directly or indirectly be concerned in
prolaibited^^^ Vending, or using or promoting the use of any alcohol as and for a
drink, shall be subject to the same penalty as is prescribed in the
foregoing section (to be recovered and disposed of in the same man-
ner as is therein prescribed) ; and each offence of the provisions of
this section shall be deemed a separate offence, and subject to the
same penalties.

statement to be 8. Every person who shall, by virtue of the provisions of this act,
engage in tne manufacture of alcohol, shall, at the period in which
he shall list his property for taxation, furnish to the commissioner of
the revenue of the said county, city or town in which said manufac-
ture shall be carried on, a statement, to be verified under oath, of

Tax the number of gallons he shall have sold ; and said commissioner

shall thereuptju assess him with a tax of thirty cents for each gallon
so sold, and return the same to the sheriff* or collector of the revenue
of the county, city or town, who shall proceed to collect the same,
and account therefor in the mode prescribed for the collection and
payment of the revenue of the state.

License, how 9. Any license granted under this act shall be revocable at the

revocaj.e discretion of the governor; and it shall be his duty to revoke such

license when he shall have reason to believe it is abused by being

perverted from the uses intended by this act.

Rights siis- 10. That upon a presentment or indictment by any grand jury

tiictmeut of the city or county, in which such alcohol may be distilled, for a

violation of this act, the rights granted thereby shall be suspended :
What, on con- and if the party be convicted on such presentment or indictment,
cJathThow taken shall bc from that time ipso facto revoked ; provided, that before any

person is licensed under this act, he shall take an oath, the form of
Whisky not to whicli shall be prescribed by the governor, to the effect that no whisky
be distilled distilled shall be sold or given away, or otherwise used than to be
Bond,how given converted into alcohol: provided further, that no license shall be

made to com-
missioner of
reven'Lie

DISTILLATION. 19

granted under this act until the applicant shall have given bond,

with good security, to be filed ■with the auditor of public accounts, in

a penalty of two thousand dollars, payable to the commonwealth of

Virginia, conditioned that all the whisky made by him under his Conditions

license shall be converted into alcohol, and that the applicant shall

pay all the tases that may be chargeable on such distillery, whether

assessed or not : provided, that no person shall obtain such license, Recommenda-

unless he shall have been previously recommended by the court of co°untv court

the county or corporation in which such distillery is proposed to be

erected, as a suitable and proper person for exercising such privilege

in such county or corporation.

11. This act shall be in force from its passage. Commencement

Chap. 12. — An ACT to amend and re-enact an act entitled an act to prevent
the unnecessary consumption of Grain by Distillers and other manufac-
turers of Spirituous and Malt Liquors.

Passed October 2, 1862,

1. Be it enacted by the general assembly, that the first section of Act of 1361-2
an act passed on the twelfth day of March eighteen hundred and '^™^'^'^'^'-
sixty-two, entitled an act to prevent the unnecessary consumption of

grain by distillers and other manufacturers of spirituous and malt
liquors, be amended and re-enacted so as to read as follows :

" § 1. It shall not be lawful for any person hereafter to make or DistiUation pro-
cause to be made any whisky, or other spirituous or malt liquors, ^''"*'^^
out of any corn, wheat, rye or other grain, except for medicinal or Exceptions
hospital purposes, in execution of a bona fide contract heretofore
made, or hereafter to be made with the chief purveyor of the medical
department of the Confederate States government, or with the me-
dical director of the Virginia state line : and any person so oflFending
shall be deemed guilty of a misdemeanor, and upon conviction thereof,
shall be fined for every offence not less than one hundred dollars nor
more than five thousand dollars, and be subject to imprisonment in
the county jail not exceeding twelve months, at the discretion of the .
court."

2. This act shall be in force from its passage. Commencement

FINANCIAL. — -TAXES,

InBuracee coia-

surance conijmrtics ,

62. On every license to an agent or sub-agent of anj insurance
company, uot chartered by this state, sixty-four dollars.

Physicians, den
tiSES and attor-

Physicians and others.

.63. On every license to a physician, surgeon or dentist, fourteen
dollars each ; and on every license to an attorney at law, fourteen
dollars. If the 3'early income derived from the practice of any such
callings or professions, during the year nest preceding the time of
obtaining such license, shall exceed five hundred dollars, there shall
be an additional tax on the excess of two and a half per centum ;
and this income shall be included in the license tax. A license to
any such person shall confer on him the privilege of practicing such
profession in any part of the commonwealth.

BagaerreJaa
artist a

Selling horses,
zauleB, &c. for
pro-Ct

GarriageB, btig-
giea, &c. mann-
factured out of

state

Daguerreian artists.

64. On ever}' license to exercise the daguerreian art, or such like
profession or performance, hj whatever name it may be known or
called, if in a city or incorporated town of less than five thousand
inha^bitante, fifty dollars ; if more than five- thousand inhabitants,
one hundred dollars ; if elsewhere, twenty-five dollars. And if the .
yearly income derived from the practice of said art exceed five hun-
dred dollars in any .county, city or town, an additional tax of two
and a half per centum on such excess for the year nest preceding
the time of obtaining such license ; and such tax shall be imposed,
whether an .artist perform in a gallery or not. If more than one
person be engaged in the joint exercise of such profession or per-
formance in the same gallery, the tax shall not be imposed upon each
artist, but upon the gallery. •

Horses, nudes, Sfc. sold for pro/£^

G5. Qn every license to sell for others, on commission or for, profit,
horses, mules, asses, jennets, cattle, sjaeep and hogs, or either of
them, fifty dollars ; and the sale may be made under such license in
any county or corporation.

Carriages-, buggies and other vehicles.

66. On every license to sell carriages, buggies, barouches, gigs,
and such like vehicles, manufactured out of this state, one hundred
and twenty-five- dollars in each county or corporation. If the busi-
ness be continued after ,the sam^ has been carried on for a year, the
tax shall be on the amount of sales, in addition to the specific tax,
as on merchants' licenses. But this section shall not be so construed
as to exempt persons from taxation who may put together the prin-
cipal parts of such vehicles as niay be manufactured out of tliia state.

FINANCIAL. ^TAXES.

Slaiies houglil or sold for ■profit. *

•

67. On every license to buy or sell slaves on commission or for Slaves bought

profit, other than at public auction, thirty-five dollars in each county ;
and oa the yearly income of such business in all the counties (to be
taxed but once), an additional tax .of two and a half per centum on
such income. If the sale be made by an auctioneer, no additional
license from him shall be required for that purpose.

Barhers.

68. On every license to keep a barber's shop, twenty dollars ; and Bribers
for every person above one engaged or employed therein, ten dollars.

The number to be engaged or employed shall be specified in the
license. For any violation of this section, the person licensed and
so oiFending, shall forfeit twenty dollars for each oifence.

HawJccrs and peddlers.

69. Oa every license to a hawker or peddler to d-eai in goods, iiav.kers .i&i
wares and merchandise, two hundred and fifty dollars : provided,
however, the hawker and peddler to be taxed under this section,

ahall first obtain from the county or corporation court, within whose *
jurisdiction the said license is intended to be used, a certificate that
the applicant is a loyal citizen of some one of the Confederate States,
and has been a resident of this state for two years, and of the county,
city or toWn for one year next preceding the granting of &aid certi-
ficate.

To ichora nat to be issued.

' 70. No ricei;i^e shall be granted to a married woman, unless she when rnarr'M^>T
shall be living separate and apart from her husband, or unless her uceuaed™'''''
kusband would be eutitl-ed to take out a license iu liis own name.

Licenses to miners and manufacturers.

7i. The commissioners of the revenue shall, on or before the Miners ana
diirtieth day of .April eighteen hundred and sixty-three, and on or
before the thirty-first day of January in eacli succeeding year, de-
liver a certificate of a license, and the tax' to be paid therefor, to
every person, firm, company or corporation, for the privilege of car-
rying on any of the occupations following, viz :

Mining for coal, iron, or other ores and minerals, and the sale of Coal, troa, -t-i
the products thereof.

The manufacture and sale of salt, ft.-on and other metals, and the Salt, &c
sale of salt water and coppea-as.

The manufacture and sale of cotton and woolen fabrics made by Cotton and

. , c ^ • 1 ;! 1 J . woolea ftibrk-s

ithe use or machinery worked uy steam or water power.

The manufacture and sale of paper of all kinds. Paper

The manafecture -and sale cf leatlic?. ■ i^es^tiiei-

:22 FIIVANCIAL.— TAXES.

Boots, imoes, &c TIic mitniifacture and sale of boots, shoes and the like.

Flour ^ The manufacture and sale of flour from grain not raised nor ?£^-

oeived as toll for grinding hj tlie miller.
■y/aen licOTses The said licenses shall, terminate on the thirtj-first day of Jannaiy
''"^' eighteen hundred and siziy-four.

penalty for fail- 72. Any person, firm, eompsny or corporation carrying' on anj
ii&?ns& ' ■ such occupation after the thirtieth day of April eighteen handrec?
and sixty-three, without having- first obtained a license therefor, shall
forfeit, for each da,y it may be done, not less than fifty dollars nor
more tfean five hundred dollars ; to be recovered by motion m the^
eircuit court of the county wherein the effenco sh-all be committed^
ar in the circuit court of the city of Eichmond : pravided, that a
mechanic who manufactures boots and shoes, p=nd sells the artic/es of
Iiis manufacture only to- persons for their own use and consumption,
shall not be required to obtain a license tinder tMs aet.

Tut t;n business 73. When the business foi; whieh a Ecenge issaes uni^r this see-
^"ii-J^""^^ .tion shall have been carried en during the jsar ending en the thirty-
first of January eighieen hundred and sixty-tliree, 'by the person,,
firm, company o? corporation obtaining it, or by any other person^
firm, eoxa-pauy ar corporation, at the place or on the property wher€-
it shall be licensed for the coming year, the commissioner of the
* revenue shall assess the tas upon such license at ten per eentam upor^
so much of the net profits &f the business during the year so ending-
Dn the thirty-first of January eighteen hundred and sixty-three-, as-
esceeds three thousand dollars ; ajnd if the business has only been
carried on for a part of the year preceding the said thirty-arst day of"
January eighteen hundred and. sixty-three, then the commissioner-
shall assertain \he taxable products, by adopting the saine for such
part of the year as a- basis for ascertaining the sa:aie for the entire-
yeatr.

Tax or. persons 74. When- the porson:, firm, c-onvpany or eorporation, obtainiog a
iitisrrLt-.ss ' license under this section, is ©ommencing business, and na other

person, fi-rm, company or corporatit^n has carried oa business for the-
year cading January thirty-first, eighteen hundred and sixty -three, as-
aforesaid, the commissioner of the revenue shall assess the tax on,
such license at one per centum upon the present value cf the real
and personal property, including ©apital employed in the business sc>
JBegtnners to to be Commenced, and shall take an obligation ftora the licensed;

givo bond for . . , , .

aDioun'i of tax person, firm, company or corporation, with approved security, cove-
jianting to pay into the treasury, at the end of the license year, ten-
per centum upon the net profits of the business during the saia'
license year, less the tax of one per centum to be assessed as afore-
said at the time of, and to be paid before the granting of said license x
but any tax on the capital in'fested in the trade or business in respect
to which any license is required by this section, shal? be deducted
from the amoimt of tax imposed by this section, and the residue shall

BMstewbere- bc the tas assessed upou sucli license, Tb.e coumussioLftv of tM-^

FINANCIAL. — TAXES. 23.

revenue shall return all such obligatious to the auditor of public ac- tnmed to audi
count*, within thirty days after they may be executed, and for failure
so to do, shall forfeit the sum of five hundred dollars.

75. At the close of the license year the auditor shall proceed how forfeUurs
against the parties to said obligations, in the circuit court of Eich- ^^^°''''^^
mond city, in the same manner as provided for against defaulting
collectors of the public revenue, and shall be entitled to recover the^
amount of the tax thereby covenanted to be paid into the treasury

a? aforesaid.

76. The. certificate by the commissioner of the revenue of the tax v,'hat eonsti-
to be paid, and' that the obligation required in the eases aforesaid has ^ '■"*
been duly executed, with the receipt of the tax by the collecting offi-
cer, shall be deemed to constitute a license under this section.

77. If any person, firm, company or corporation shall, without Penalty for fail-
obtaining the license hereby req^uired, carry on any business herein uelMe"'''*^
mentioned, the commissioner of the revenue shall, as in other cases,

assess four times the tax prescribed by this section against such per-
son, firm, company or corporation.

78. The auditor shall, for good cause to hiin shown, have full Auditor to r?
power to reform any assessment under this section, and to require a mentJ"**^''"'
new obligation, with additional security, where the original is deemed
insuflieient, and may appoint a special agent to make a new assess-
ment and take a new obligation ; and thereupon the original assess-
ment shall be set aside, and the license granted shall cease. ,

79. If the commissioner of the revenue shall make, a false certifi- Ponaitj- for falsf
cate, or take an insufiicient obligation in the cases required, he and commissionM
his sureties shall be liable for all loss and damage- therefrom on his

official bond, and the recovery against him shall not be limited by
the penalty thereof: provided, that no person, firm, company or cor-
poration engaged in any business, trade or calling embraced in this
section, shall be taxed under the section of this act imposing- a tax of
ten per centum upon net income* •

General peovisioks.

Tax on corjjorations.

80. No private act of assembly on which a tax is imposed, shall Tax on corpora-
be published, nor any copy thereof furnished to any person, until *'°'^''

the pairty asking and requiring the same shall have paid into the
treasury of the commonwealth the taxes prescribed by law ; and it
shall be the duty of the keeper of the rolls to publish, with the acts
of assembly of each session, all acts upon which the tax prescribed
hy law has been paid into the treasury since the last publication
tihereoL

24 ■ FINANCIAL.— TAXES,

When tax tickets to he made out hy commissioners: >

•fax ticketF, 81. After the first day of February and until the first day of July

in each year, and until the delivery of the comniissiouer's books to>.
the sheriif or collector of any county, if the same be delivered after
the first day of July, it shall be lawful and the duty of every com-
missioner of the revenue to make out tickets showing the amount of
taxes which will be chargeable on liis books when completed, against
any per.'^ou whom he has reasonable ground to suspect is about to
depart from his county before the first day of July, or before the de-
livery of said books to said sheriff or collector. Upon the delivery,
of such tickets, the sheritf or collector shall be authorized to make
immediate distress for the taxes therein specified, and to use all the
remedies for the collection of such taxes, as are now given, after the
■ first day of July, upon the delivery of the commissioner's books.

• Penalty for failure to obtain license.

Penalty for fail- 82. Whenever a tax is imposed by law on a license.to engage in
nMa!i6° ""^ any business, calling or profession, it shall be lawful to obtain a
. license as in similar cases; and it shall be unlawfnl to engage in
such business, calling or profession without obtaining a license there-
for. Any person who shall in any manner violate this section, or
any section of this act for which no specifijc fine is imposed, shall pay
a fine of not less than twenty nor more than one thousand dollars
for each offence.

Limitation of license.

Limitation of ' 83. No license shall be construed to grant any privilege beyond
-,iceD»e ^^ county or corporation wherein it is granted, unless it be expressly

authorized. '*

Where licensed vrivilege to he exercised,

^Viere iicense to 84. Every license granting authority to sell, unless the license be
oe exerciBed specially authorized by law for a county or corporation, shall be at
some specified house or place within sueh county or corporation.

When -forms for tax payers to he furnished.

When forms fnr- 8.5. If a commissioner of the revenue shall have been furnished
nishedtax pfiy- y^\i\^ forms for tax payers, he shall distribute the same, or as many
as may be furnished, amongst the tax payers to be found in his dis-
trict, as prescribed by the sixty-fifth section of chapter thirt)^-fivo of
the Code. He shall require answers according to said section, and
with his books shall transmit said forms to the audftor of public ac-
counts, if required by him; and the auditor may furnisb as many
such forms as he may think necessary.

Market value of stocks to he taxed.
stocks taxed at 86. In all cases where this act imposes ti tax on any public bond^

market value •

FINANCIAL. TAXES. 25

including the bonds of incorporated companies, or on any stock, in
lieu of a tax on the interest or profits thereof, the commissioner shall
assess the cash market value of siich bond or stock.

When double tax to be imposed.

87. Any person continuing business after any license ol^tained by wfcen aoTibie
him shall have expired, Avithout obtaining, on or before the day his posed
former Ijcehse so expired, a license for the succeeding term, shall
be assessed with twice the amount of tax otherwise imposed on such
license.

Deduction from commissioner^ s compensation. ■

88". If a commissioner §hal], in his list of licenses to be furnished \\Tien deduc-

-.' tions from com-

to the auditor oi public accounts, charge, or extend m any case a tax missioner's com-
less than the law requires, the auditor of public accounts shall de- madT ^^^
duct the amount omitted to be charged or extended, from the com- *

pensation of the commissioner; and to enable the auditor' to make ~

an examination of such lists, the commissioner shall return to him •
with his return of licenses, all interrogatoiies which may have been
propounded by him, under the direction of the auditor of public ac-
counts, and answered.

Slaves and similar subjects, how taxed.

89. The number of slaves and the value thereof shall be listed Slaves, &c. how
by the commissioners, and taxed according to their value, to the
hirer or person in possession thereof on the first day of February.
But taxes on slaves carried away or escaping from the owner or hirer
to the public enemy, and not recovered, may be exonerated in the
same manner that taxes erroneously assessed may be exonerated;
and an order of exoneration shall have the same elFect, in all respects,
as if it had been made exonerating or refunding taxes erroneously
assessed; and all subjects of taxation required to be listed under the
provisions of the thirty-fifth and thirty-eighth chapters of the Code,
and not specially taxed herein, shall be listed and taxed as similar
subjects, according to the forms furnished by the auditor of public
accounts.

90.

Value of lands and lots generally not to be changed.

The value of lands ai^ lots, as ascertained hy the assessment vaine of lands
made under the tenth chapter of the Acts of eighteen hundred and certain^s^slss^
fifty-five and eighteen- hundred and fifty-six, passed March tenth, ^^''^^l^^* *° ^*
eighteen hundred and fifty- six, under special acts, and under the
thirty-fifth chapter of the Code, in respect to new grants, shall be
permanent and not be changed, except under tlie provisions of the
said thirty-fifth chapter, in case of a partition or conveyance; and
except as provided by this act ; and the auditor of public accounts
may so far change the form of the commissioner's land book as to
show in one column the value of lands and lots, exclusive of buildings.

26 ■ FINANCIAL. — TAXES.

When the 'value of lands and lots may he changed.

Commissioner to 91. And inasmuch as many tracts of land and lots, with improve-
sessment in ments thei'eon, situate in counties invaded by the public enemy, have
bv"war^ ^^^** been permanently diminished in value by said invasion, and despoiled
and reduced in value by military occupation, and by the waste and
violence incident to war, it shall be the duty of the commissioners of
the revenue for such counties, upon the requisition of the owner of
■ any real property situate in such counties, or of his agent, to make
9- new assessment of such real property, upon the following basiis and
Basis of new as- mode of valuation, viz: The commissioner shall deduct from the
amount at which such property stands assessed at its last assessment,
such sum as is equal to a fair estimate of the permanent diminution
in the value thereof, csifsed by the invasion of such county, and of
the permanent injury and damage inflicted upon such property by
military occupation thereof, and the waste and violence incident to
war. In making which estimate, he shall appraise and fix the amount
of such permanent diminution, injury and damage, according to what
would have been the standard and rate of valuation thereof, if such
permanent diminution, injury and damage had been estimated during
the year eighteen hundred and fifty-six ; and the remainder left, after
deducti'iig the diminution, damage and injury thus estimated, shall
be the valuation at which such property shall be assessed by the
commissioner. *

Redress against neiv assessments.

R|(iress against 92. Any person feeling himself aggrieved by such new assessment,
sessment"^^ ^^ i^ifiy ^VV^J ^^ *^^ court of the county or corporation in which such
property is situate, for a review of such assessment, at the June or
July term of said court succeeding the period of said assessment :
provided ten days' previous notice of such application be given to
Case may be the commissioner ; and if from any cause the court cannot, in justice
three terms to the commonwealth or to the applicant, adjudge the matter of com-
plaint during the first term at which such application is made, the
same may be continued for a period not exceeding the three terms
next occurring. If the court, upon considering such application, and
the evidence adduced by the applicant or commissio.ner, shall deem
thp assessment made to b.e erroneous, it maj' declare what will be a
Howcommis- ' just assessment upon the mode of vacation above prescribed ; and

sioner to correct ,, . . ^ -n ,^ , ,^ ^ i i

his books. the commissioner shall thereupon correct tiie assessment made by

him, and assess such property on his books at the valuation so .ad-
judged by the court.

When agricultural j)roduclions are to he. taxed.

When agricnltn- 93.- Agricultural productions of this state, and provisions in the

provision^ ex^"^ hauds of the producer, including pork, bacon, beef, poultry, fish, and

fmpt from tax ^|| ^^.j^^j meats, butter, lard, eggs and such like marketing, and in

the hands of those who have purchased the same Jor the use of their

FIJiTAKrCIAL.- — TAXES* 2T

own household, and not for sale, and goods and materials manufac-
tured in this state, except ardent spirits, porter, ale and beer, shall
be exempt from taxation as property while remaining in the hands
of the producer or manufacturer, and while such agricultural pro-
ductions and provisions, specified as aforesaid, are held as aforesaid.
Such production, provisions and manufactured ai'tjcles may also be
sold by the producer or manufacturer without a license tax ; but wiien subject iS
when once sold (with the exception nartied in this section) they shall
be su'oject to a tax as other property, and to a license tax when there-
after soldi To give effect to this section, chapter first, entitled an Revenue and
act for the assessment of taxes on persons and property, passed March stiuea
thirtieth, eighteen hundred and sixty, and chapter second, entitled an
act making general regulations concerning licenses, passed March
thirtieth, eighteen Imhdred and sixty,' in cases where said chapters
might be otherwise construed, shall be construed according to the
provisions of this section : provided, that no person shall be required
to take out a license or pay any tax for the privilege of buying his -
neighbor's produce to take out of the county in his own vessel or
other conveyance, to market, or for selling the same.

Domestic manufactures, how taxed.

94. Merchant tailors and all other persons manufacturing any pro- Howtaxonsaii-.?
duction or material, except ardent spirits, porter, ale and beer, the ors and others
sale of which material would be prohibited without a license, shall appertained
only be charged so much tax on' the sales as the value of the mate-
rial sold would bear to the whole value of the manufactured articles; |

to be ascertained upon the oath of the person, as in other cases.

Licenses, how granted ; prohihilicn of the sale of ardent spirits, t^r.

95. A license to manufacture porter, ale and beer, or either of how license t.>
them, may be granted by the commissioner of the revenue, as in miit liquors
other cases, without any previous certificate* or order of the court; S!"anted

but a license to sell the same, or any of them, and the privilege of

selling ardent spirits, shall only be granted upon the certificate of the

county or corporation court, that the person to be licensed is sober

and of good character. But if the person shall have commenced or Liability of per

continued the sale of ardent spirits, without making application for ^iJhout Ucens?

such license : in the former case, he s6all be assessed four times, and

in the latter, twice the amount of taxes otherwise imposed for a year;

which shall in no ease be refunded to him, unless under proceedings

provided for by chapter twenty-nine of the Acts of eighteen hundred.

and sixty-one, such assessment is pronounced erroneous by the court.

Effect of the change of the name of a firm.

96. No change in the name of any firm of merchants, ccmmis- what not con
sion merchants, sample merchants, merchant tailors, auctioneers, or mencingbTisj.
any other persons who are taxed upon the amount of business or "'^''

sales of the preceding year, nor the taking into the firm of a new

FINANCIAL. TAXES.

eoUection, how
sillowed

partner, nor the withdrawal of one or more of the firm, shall be con-
sidered as commencing, so as to allow, on that account, the paj-ment
only of the specific tax imposed by law for the privilege granted ; but
if any one of the parties remain in the firm, either as a general or
special partner, or otherwise, in interest, to be ascertained upon the
oath of the party, to whom the license is granted, the business shall
be regarded as continuing.

Insolvents, how collected. ,

List of insoi- 97. A copy of CYcry list of insolvents, whether of persons, per-

out for eoUec- sonal property, licenses or militia fines, whether allowed by any court
*''"* or board, or by the auditor of pubhc accounts, under ordinance num-

ber seventy-two of the convention, entitled an ordinance for the
relief of sherifi"s of certain counties, passed June twenty- eighth,
eighteen hundred and sixty-one, shall in his discretion, as soon as
practicable, be placed by the auditor of public accounts in the hands
of any sheriff, collector or constable of any county or corporation for
collection. Such -sherift", collector or constable shall receive and
receipt for the same, and shall make i-eturn of delinquents thereon
within one j'ear from their receipt, iu the same manner and under
the same regulations as are prescribed for the return of other delin-
Commissions for qucnt taxes. The amount appearing due after such return of delin-
quents, and the allowance of such commissions as may have been
prescribed by the governor, shall be paid into the treasury within
one year from the time such copy of such delinquents may h|ive been
received by such sheriff or other officer. When such copies are re-
ceived by such officer, he shall have the same powers of distress and
other remedies for the collection of the amount appealing due there-
by, as are allowed to sheriffs for the collection of taxes. Any officer
failing or refusing to receive and execute a proper receipt for any
such copy of delinquents, shall forfeit not less than one hundred nor
more than five hundred dollars.

License to a sutler or other person to sell goods, ^r., icithin or near
to a inilitary encampment.

98. No license shall be granted to a sutler or other person to sell
goods, wares and merchandise or other thing, within or near to a mili-
tary post or encampment, unless the person desiring such license
shall produce to the court or to the counnissioner of the revenue, as
may' be required b}^ law, a certificate of the commander of such post
or encampment,. approving of the issuing of a license to such sutler
or other person; and any sutler or other person so selling without a
license at such places, shall be subject to all the penalties and lia-
bilities imposed upon merchants and other persons selling without a
license : provided, however, that no license shall be required of per-
sons selling provisions only to the army.

License to a merchant who is a hesinner.

Penalty on offi-
cers for failing
to receive and
receipt

J^icense to sut-
iers

When licensG to 99. A license to a merchant who is a beginner, shalV pp<?cify the

FINANCIAL.— TAXES. 29

value of goods to be sold hj sucli mercliant; and when goods to the mercbants who

value specified have been sold, the license thereafter shall be deemed void

to be void; and if such merchant fail to apply to a commissioner of ■

the revenue for a new assessment and new license, and continue in

business after his license is deemed to be void as aforesaid, he shall

forfeit to the commonwealth, for the benefit of the general treasury,

not less than one hundred nor more than two thousand dollars.

Popiiladoii of counties, cities and toivns, hoio estimated.

*100. In all cases where the population of any county, city or town How population
is a data for estimating the taxes imposed by law for the exercise of to bo estimate-i
any privilege therein, or for any other purpose, the commissioner,
after ascertaining the actual number of slaves assessed, shall assume
that the white and free negro population is "five and a half times the
number of white persons and free negroes of and over the age of
twenty-one years. The actual number of slaves as ascertained, and *'
the estimate of the Avhite and free negro population, made as afore-
said, shall constitute the population for the purposes aforesaid.

Banks, insnrance and other companies, when and what to report
to auditor of public accounts.

101. Eanlis, savings banks, insurance companies, express compa- Baukp, insu
nies, rail road companies, and all other companies which by law are nics, &c. -^hen
required to make a report to the auditor of- public accounts, and also port To auditor
all such companies, firms and 'persons engaged in manufacturing or

working in cotton, woolen or iron, or any other agricultural or mine-
ral products, shall, as soon after the first day of July in each year
as may be, make report to the said auditor of the amount of capital
employed by such company; the capital stock actually paid in, if an
incorporated company; the gross income received and contracted to
be received during the preceding year ending on the thirtieth day of
June; the salaries and other compensation paid to. the officers and
employees receiving compensation in the nature of a salary, together
with their names; the number of persons employed as laborers; the
slaves, and the aggregate amount of hire paid therefor, assuming
the total number to be equal to the^verage number in the year. If
the company be a work of internal improvement, the report shall
also show the length of the work and the cost of construction. From
such reports the auditor shall condense the same into a report to the
general assembly. Any such bank, company or firm failing for one penalty for f^n-
month to make such report, shall forfeit not less than five hundred ""^ *° "'p^"
dollars nor more than five thousand dollars ; to be recovered in the
circuit court of the city of Eichmond, upon the motion of the auditor
of public accounts.

Personal property exempt from taxation.

102. The forty-third section of chapter thirty-five of the Code (edi-
tion of eighteen hundred and sixty) is hereby amended and re-enacted
80 as to read as follows :

m ■ MNANCUL.— TAXES. "

Personal pro- " ^ 43. AH personal property described in this section, and to the

lroj/taxa™on extent herein limited, shall be exempt from taxation, that is to say t

The household and kitchen furniture used in a licensed ordinary^
house of entertainment or private boarding house, and bdonging to
the keeper thereof, the value whereof has been included in such
license tax.

All books, apparatus and furniture belonging to colleges, free

schools and incorporated academies, and used for college or school

purposes; to the university of Virginia ; to the Virginia military i*'

. stitute ; to the institution for the education of the deaf and dumb and

the blind; and to the lunatic asylums.

And all personal property belonging to orphan asylums, overseers
of the poor, and exclusively to the commonwealth.

All fire engines or other implements for the extinguishment of
Sres.

All books, family portraits and pictures, and the wearing apparel
of every person and family, except watches and jewelry.

All agricultural productions of this state in the hands of the
producer.

All mineral productions of this state in the hands of the producer
* or miner.

All felled wood or timber in the hands of the person, owning, rent*
!ng or leasing the land where the same was grown*

All plantations of oysters and fisheries. .

All capital invested in any trade or business for the prosecution of
which a license is required.

All farming implements actually used for farming purposes, except
road wagons, or wagons used principally for other than farming
purposes.

All mechanics' tools used on any farm, or by any person actually
engaged in any trade, occupation or profession."

Sheriffs^ CGmmissions on taxes other than license taxes.

103. The twenty-second section of chapter thirty-six of the Code
(edition of eighteen hundred and sixty) is hereby amended and re-
enacted so, as to read as follows :

CommiBBions for " § 23. Evcry sheriff or collector shall be allowed a commission of
taxes two per centum on the amount of taxes, other than license taxes,

with which he is chargeable ; and if he shall punctually pay the same
into the treasury within the time required ])y law, he shall be allowed
an additional commission of three per centum. But when the taxea
with which he is chargeable exceed sixty thousand dollars, and do •
not exceed one hundred thousand dollars, the commission on the
excess shall be only one per centum ; and if he shall puuctuallj' pay
the same into the treasury within the time required by-law, he shall
be allowed an additional commission of two per centum on such ex-
oesB ; and if the taxes with which he is chargeable shall exceed one

FINANCIAL.— T4.XES. .. 31

hundred thousand dollars, the commission on the excess over said
sum shall be only one-half of one per centum; and if he shall punc-
tually pay the same into the treasury within the time required by
law, he shall be allowed an additional commission of one per eeutimi
on^e excess over one hundred thousand dollars."

Commissioner'' 8 compensaiion other than ftes>

104. The ninety-fifth section of chapter thirty-five of the Code
(edition of eighteen hundred and sixty) is hereby amended and re-
enacted so as to read as follows :

"§ 95. Every commissioner of the revenue shall be enticed to Commissions for
receive, in consideration of his services, to be paid on or before the
first day of September, out of the treasury, upon the warrant of the
auditor of public accounts, a commission of one and one-half per
centum on the amount of taxes lawfully assessed by him on pei'sona
and property within the preceding twelve months. But where the
taxes on persons and property assessed in any district in a county
exceed twenty thousand dollars, the commission allowed on the ex-
cess shall be only three-fourths of one per centum; and where the
said taxes assessed in any district in a town or city exceed sixteen
thousand dollars, the commission allowed on the excess shall be only
one-half of one per centum."

luist for slienffs', auditor and clerk of court ; commissioner's fees, hy
whom payable.

105. The forty-seventh section of chapter thirty-eight of the Code
(edition of eighteen hundred and sixty) is hereby amended and re-
enacted so as to read as follows :

" § 47. After the commissioner of the revenue shall have assessed Lists of lisensea
all persons required by law to obtain licenses, he shall make a fair ^^^^ ^
classified list thereof, as far as he may have progressed with the same,
^ at intervals not exceeding fifteen days, and ^deliver such lists to the
sheriff or other collector of the revenue, for his guide in collecting
the taxes imposed by law on such licenses. He shall return to the "wiien to bs re
auditor of public accounts and to the'clerk of the court of the county tor
or corporation a list of all'such licenses; that is to say, a list of such
as are granted on or after the first day of September and. before the
first day of May following, shall be returned on or before the tenth
day of the said month of May ; and a list of such as are granted on
or after the first day of May and before the first day of September
following, shall be returned immediately after the first day of Sep-
tember. Such lists shall specify the date of eaffh license, for what it
was granted, the n£^me of the person to whom granted, the amount
of*the tax, to whom paid, and the data upon which the tax was as-
sessed. For every certificate delivered by a commissioner t» a per- Fee for certifi
son desiring, or who ought to obtain a license, the commissioner shall
be entitled to a fee of one dollar for each license, unless such license

32 . FINANCIAL. — TAXES.

be refused by tlie court ; ^vliich fees shall be paid to him by the person
to whom the license shall be granted."

Commissions to sheriffs and collectors.

106. The fifty-sixth section of chapter thirty-eight of the OlQe
(edition of eighteen hundred and sixty) is hereby amended and re-
enacted so as to read as follows :

Commi'<aions for "§ 56. Every sheriff, or person receiving taxes on licenses tinder
tax " this chapter, shall be allowed a commission of one per centum for

their collection on the first five thousand dollars, and one-half of one
per centum upon any excess over that sum ; and if he shall ^punctually
pay the same into the treasury within the time prescribed by law, he
shall be allowed an additional compensation of one per centum on
the first five thousand dollars, arid one-half of one per centum on
any excess over that sum."

Penalties, hoio recoverahle.

107. The fifty-ninth section of chapter thirty-eight of the Code of
Virginia (edition of eighteen hundred and sixty) is hereby amend(?d
and re-enacted so as to read as follows :

SuitR to recover " § 59. Such actiou of debt may be instituted at any time within
and how irst'i™ ^^^ years after the offence was committed, and shall be for the maxi-
tuted mum penalty prescribed, and for each violation of any of the laws

and prohibitions contained in this act or the thirty-eighth chapter of
Forrtiofpro- the Codc of Virginia (edition of eighteen hundred and sixty). In
eeedings ^^^ action of debt, bail shall be required as a matter of right; and

if deemed necessary, an attachment may issue without the affidavit
.and bond required in other, case^, either 'before the institution of a
suit or during the pendency of the same. A declaration shall be
filed, but no orders or pleadings at rules shall be necessary, and no
exceptions shall be allowed to the declaration for any defect or want
of form. If the offence is not sufficiently stated, the court shall re-
quire, under -such rules as it may adopt at any time before a verdict
• may be rendered thereon, a full and explicit statement of the offence.
In all such proceedings the eouft shall render judgment according
wien defendant to the Very right of the case. In case the defendant be arrested and
^vTblrndf^Yis ii custody for want of bail, he may, at the time of arrest, or at any
appearance time before a judgment be rendered in the action, give bond with
sufficient security, in a penalty equal to the penalty sued for, to the
ofiicer making the arrest, or to the clerk of the court wherein the
action was instituted. Such boiid shall be payable to the common-
wealth, and shall be conditioned for the appearance of the party to
answer the action, and to abide by and satisfy t]^e judgment of the
court. Upon the execution of such boVid the defendant shall be di»-
WTiero boud charged from custody. The bond shall be -returned to and filed with
^^^^ the clerk in the papers of said action. No officer shall be entitled to

the payment of any fees out of the treasury for services rendered in

FINANCIAL. — TAXES.

any prQceetlings herein authorized. In all cases of conviction under Fee of attorney
^his act, a fee of ten dollars to the comraon-",yealtli's attorney shall be ■n-ea!t™™°'^ ^
taxed in the bill of costs."-

Deputies of colleciors may he apjyobited.

108. Whenever the auditor of public accounts shall hereafter ap- when and how
point a collector of taxes yuder the ordinance of the Virginia con- appoint deputiei
vention, number sixty-five, entitled an ordinance providing for the
appointment of the commissioners of the revenue and collectors of

taxes in certain cases, and providing for the absence of the auditor
of public accounts, passed June twenty-sixth, eighteen hundred and
sixty-one, it shall be lavpful for such collector to appoint deputies in
the same manner, that deputy sherilis are by law appointed, who shall
possess all the powers which are now exercised or possessed by de-
puty sheriffs in the collection of taxes, militia fines, county levies
and poor rates, and shall be subject to the same liabilities and restric-
tions which appertain to deputy sheriffs, and the principal shall be
liable for his official acts as.«uch, and such deputy collector shall be
a resident of the county for which he is appointed.

Confederate treasury notes receivable in payment of taxes.

109. The act entitled an act authorizing the receipt of Confede-
rate States treasury notes in payment of taxes and other public dues,
passed March twenty-second, eighteen hundred and sixty-two, shall
be and the same is hereby amended and re-enacted so as to read as
follows;

"Confederate States non-interest bearing notes of the denoniina- Whatconfedc-
tion of, or over five dollars, dated and issued on and after the first ceiva'we^tbr
day of April eighteen hundred and sixty-three, shall hereafter be re- *^"'^*"'
ceivable in payment of taxes and other public dues to the state."

110. The auditor of public accounts shall cause the preceding preceding see-
section to be published in at least five newspapers in the city of ushed" '^"^ '*"''
Richmond, and in the papers of the cities of Lynchburg and Peters- "

burg, and in the towns of Danville, Staunton and Wytheville, for at
least four weeks.

Wiien taxes may he distrained for. %

111. The fourth section of chapter thirty-six of the Code (edition ^
of eighteen hundred and sixty) shall be and the same is hereby

amended and re-enacted so as to read as follows :

"§ 4. No distress shall be made for taxes or levies, where the she- when taxes not
riff or collector has had more than two years to collect the same, \l^'^ distrained
unless it be for taxes returned delinquent, and sent out by tlie au-
ditor for collection, as provided by law. But a sheriff or collector of -when taxes mav
a former term, may, notwithstanding the expiration of his term of ^° '^'*^'"®™^'^ ^*"'
office, by himself or by his deputies, have the same powers of dis-
3

FINANCIAL. TAXES. — ■APPEOPRIATIONS.

tres3 and sal« as he possessed before said term expired ; and wliicll
right of distress and sale shall continue for 'the term of two years
from the time such right first accrued ; hut no deputy shall he per-
mitted to qualify for sucli collections after the principal's office haa
expired. And it shall he lawful for a sheriff or collector to receipt
for, and collect hy distress, within said two years, any taxes or fees
UabiUty of she- remaining unpaid to his predecessor. Such sheriff shall he liable to
his predecessor, or his personal representative, for the taxes and fees
collected, in the same manner he is liable for clerks' fees collected
by him."

Commissioners to ascertain the nuinber, Sfc. of all slaves that escape
to the enemy.

112. Commissioners of the revenue for each district, in taking
lists of the personal property in the several counties, cities and towns
of this commonwealth, shall enquire into and ascertain, as far as
practicable, the- number of all slaves that have escaped to tho enemy
during this war, and have not been reccvered, and make a return of
such lists to the auditor of public accounts, with the names, sexes
and ages of such slaves, and the names of the owners thereof; to be
filed and preserved in the office of eaid auditor.

113. That no license under this act shall be issued to any alien,
except as provided in the act passed March thirty-one, eighteen hun-
dred and sixty-two, entitled an act defining the persons who may
obtain license, and except as to such aliens as shall not, on account
of being aliens, have claimed exemption from service in the army of
the Confederate States : and no alien who has claimed exemption as
such, from service in the army of the Confederate States, shall act
PiS an agent for any citizen of this state licensed under this act.

Lists of slaves
escaping' to
snemy

So license to
Iggno to alieng
Bxception

Repealing clause. .

Repealing clause 114. Chapter one, entitled an act imposing taxes for the support
of government, passed March twenty-seventh, eighteen hundred and
sixty-two, shall be and the same is hereby repealed, so far as the
same is not herein before re-enacted.

Commencoment 115. This act shall be in force from its passage.

Taxes appro-
priated

Chav. 2- — An ACT appropriating the Public Revenue for the fiscal yeaf

1862-3.

, Passed March 28, 1863.

1. Be it enacted by the general assembly, that the public taxes
and arrears of, taxes due prior to the fi^t day of October eighteen
hundred and sixty-three, and' not otherwise appropriated by law,
which shall come into the treasury prior to the first day of October

S'lNAKCIAL.— 'AP^KOPRIATIONS, . • ^

■^Lf^liteen luitidred and sixty-three, shall constitute a gonoral fund,
^nd be appropriated for the fiscal yi^ar to close on the thirtieth day
of Sisptember eighteen hundred and sixty-three, as follows, videlicet :

To pay the salary of the secretary to tlio commissioners of the Salary of clerk

, , . . T , ,' T T T ,, ' of sinking fuad

•sifikmg lund, three hundred dollars.

' To pay the per xliem, miieage, and other expenses of the g-eneral Cxenerai assem-

Jissembly, incurred in thesession of September eighteen hundred and -'

sixty -two, forty-two thousand doMars.

To ;pay the pci- diem, ivilerige, and other expense? of the general General aesem-
assemljly, incurred in the same session, in October eighteen hundred ^
and sixty-two, and the session commencing in JamsOTy eighteen hun-
dred and sixty-tljree, sixty-five tliousand dollars.

To pay exfonses of companng polls in sundry eleetioRs, one thou- E!--(io:;.i
sand dollars.

Te pay salaries and mileage of judges and other oflicers of the j-j.dgea
fivil 'government, one hundred andeleveu thousand dollars^

Te pay fos arrest and support of prisoners, pay ef jurors, witnesses, Pneonora,
"fcc, as provided by law, sixty thousand dollarr?.

To pay for slaves condemned and executed, or sentenced to or re- siavos ?ou
prieved for siale and transportation, twenty-five thousand dollars.

To pay expenses for bringing coodcmned slaves to j^)enitentiar3', Expenses of, to
eight hundred dollars. ^^'^ ''^'^

To pay Jcseph W. Hancock, a judgment for tbe value of his fe- J. w. iiancook
ms}e slave named Amanda, sentenced by the judgment of the county
,«ourt of Chesterfield to sale and transportation, se\"on hundred and
kiiaety i^ollai-s.

To pay for subsistence and other supplies for the support of con- Convfcts, &o
Victs and transports in the penitentiary, fifty thousand dollars.

To pay mileage te oflicers and guards, and expenses of convicts. Mileage to off.
In transportmg convicts from the place of conviction to the peniten- " ° ""'^ '
tiary, five thousami dollars.

To pay the salary of the superintendent of the penitentiary, his Penitentiary
■assistant keepers, clerk, surgeon, and 'allowance to directors, eight
thousand dollars.

To pay for printing i-ecords x?f the court of appeals and district Records court c?
courts, four thousand dollars.

To pay contingent espenses of courts, sheriffs, clerks and other Contingent ex-
officers of the courts, fuel, stationery, «Stc., twenty thousand doflars. ^^'"^^^ ° conns

To pay the expense of the militia establishment, to brigade inspec- Miutia.
tors, a<ljutants, clerks, musicians, &c., ten thousand dollars.

To pay the salary of the ac^utant general and his clerk, three thou- Adjutant g-n©
sand two hundred dollars-.

To pay the annuity for the annual support of the Virginia military Annuity to vir-
instifcute, thirteen thousand five hundred dollarss ftiTut^''"*"^^ "*

Te pay expenses chargeable to the military contingent fund, under Military contib
an act to organize a military contingent fund, passed March fifteenth, ^'"^
-eighteen hundred and sixty-two, fifty thousand dollars.

To pay officers and privates, for rations, clothing and other allow- Public gvars.

MNANCIAL.— APPEOPEIATIONS.

penitentiary

Transportation
of arms

Commissioners
of the rwenue

Centra! lunatic
aayltiuQ

!Eas^eru lunatic
asylum

■WiUiaTo :^u
Hume

ances to the piihlic guard, and ordnance sergeant at the militarj
institute, including temporary quarters, sixty thousand dollars.
Interior g-aard at To pay allowancf>g to the interior guard at the peniteiitiary, two
thousand eight hundred dollar?.

To pay for the transportation of arms collected and distributed,
eight hundred dollars.

To pay the co»imiss!ons and other fees of commissioners of the
revenue, and for lists of taxable property, and to clerks of courts,
for examining commissioners' books, eighty thousand dollars.

To pay for support (in addition to the pay patient fund) and trans-
portation of patients to the Central lunatic asjlum, sixty-five thou-
sand dollars.

. To pay ibr support (in addition to the pay patient f and) and trans-
portation of patients to the Eastern lunatic asylum, forty-eight thou-
sand dollars: and also the sura of three hundred and twenty-four
dollars and thirty-seven cents — of -^vhich sum one hundred and
Kohert Saunders tweiitv-six dollars shall be paid to Robert Saunders, and, one hundred

& ai '

and twentj'-six dollars to Edward H. Lively, for the hire of their
servants for the year eighteen hundred and sixty-two — and to Wil-
liam H. Peirce, an ofHcer, for sen'ices, the sum of seventy-two dol-
lars and thirty-seven cents, balance due him for eighteen hundred
and sixty-two.

To pay to William M. Hume, sheriff of Fauquier county, or his legal
representative, seventy-three dollars and sixty-cents, that being the
amount to which he is entitled by law for conveying a lunatic from
said county of Fauquier to the asylum at Williamsburg, which said
amount is to be deducted from the appropriation to said institution
for the fiscal year ending September thirtieth, eighteen hundred and
sixty-two.

To pay expenses, &c. of lunatics confined in county jails, four
thousand dollars.

To pay the support of the deaf, dumb and the blind, twenty-five
thousand dollars. •

To pay pensions allowed by law, four hundred and thirty^wo
dollars.

To pay claims chargeable on the civil contingent fund, to be
allowed and certified by the executive, one hundred thousand dollar.^.

To pay expenses of civil .prosecutions, eight thousand dollars.

To pay for services of commissioners of public warehouses, one
hundred and fifty dollars.

To pay for repairs to the governor's house, to be paid upon the cer-
tificate of the superintendent of public buildings, five hundred dollars.

To pay for repairs of the capitol, to be paid upon the certificate of
the superintendent of public buildings, five thousand dollars.

To pay for the printing and binding of one thousand copies of the
sixteenth volume of Grattan's Reports, two thousand two hundred
dollars.

To pay for reprinting and binding one volume of LsigU's EeportSf
as provided by law, one thousand six hundred dollars.

Ltinatics in
county jails

Deaf, dumb and
blind

Civil prosecu-
tions

Public ware-
houBBs

Govcrnor'B
bouse

Oapitol

Grattan's Re-
ports

Leigh's Reports

FINA-yCIAL. — APPROPRIATIONS. 37

To pay the aanura allowance to the vaccine agent at Riehmoml, Vaecine agen^
five hundred dollars.

To pay for the services of a messenger in the office of the auditor Messenger in
of public accounts, eight hundred dollars. " '

To pay expenses of the registration of marriages, births and Registration o/

T , 1 T /» 1 T T T 1^ marriages, &e .

deatht?, two thousand nvc hunared dollars.

To pay expense of printing for the general asseiublv and public Printins
offi'cers, and for paper antl books for public officers, forty-five thousand
dollars.

To pay for the services of temporaiy clerks in the office of the Temporary _
auditor of public accounts, four thousand five hundred dollars. tors office

To pay commissions to sheriffs, payable by warrants, tvro hundred Ci-mmissions to

^ ,, * sheriffs

ttollars. ,

To pay sundry <?xpenses out of the epecial appropriations to the New ri<rer navi-
New river navigation company, ten thousand dollars. . '''

To pay the pages of the senate and house of delegates, the sum of Pages
three dollars per day for each day's services as such ; to be paid upon
the certificate of the cltrk of the senate and of tlie clerk of the house
of delegates respectivelv.

To pay the clerk of the joint committee on salt, four dollars pc-r Clerk joint •.•om-

-,»,. r T • • I -T 1 T .-111 liii'tet- on s;:!;

<Iay tor toe time or hie services : to be paid on the oruer of the clerk
of the house of delegates.

To pay to the porter to the senat<^, for services as such, attention rorter of senat*
to the senate chamber and clerk's office of the senate, and for making
, fires for same, two dollars and fift^ cents per day; to be paid upon
the certificate of the elerk of the senate-

To pa}' the further expenses for making fires and superintending Fires, fumacf a
the furnaces in the capitol, the customary allowance of two dollars
j)er day to each of the several persons entitled to the same, not ex-
iceediug two-persons to be emploj'-ed; to be paid upon the CiTtificate
of the superintendent of public buildings.

To pay the principal and interest on temporary loans, two million Temporary
five hundred and nine thousand two hundred and eight dollars and
uinety-fiv-e cents.

To paj' the interest on loans under the act for the assumption of interest on loanc
^he Confederate States war tax, ninety-two thousand seven hundred "
and ninety- three dollars.

To pay the principal and intereet of interest beariag treasury notes, interest bearing

, -ii- ,1 , ^ 1 T ■ T 1 • ,' t: T treasury notes

three million three hundred and sixty-two thousand nine hundred
and ^xiy-six dolla-rs.

To 2>ay the salaries and aliowiinees of naval officers on retired Naval officert
lists, fiive thousand three hundred dollars.

To pay niilitaiy expenses, other than the expenses of the state line Military ex-
and. moitntaiu rangers, to be paid upon the order of the auditing
Ijoarii, fifty thousand doliars; but the disbursemehts under this clause •
shall be limited to the payment of claims heretofore allowed by said
auditing board; and all claims hereafter allowed by said board shall
©e reported to the general assembly for payment by appropriation.?
S>j law, except claims embraced in the next following clause.

FINANCIAL. — APPKOPRIATIONS-

State line

Penitentiary

Patrick Kez^n

Hoyer &. JLiid-
•wig

3. I>. Fendletoa

•Saneral funt^

To pay claims of ofScers and soldiers of the Virginia state lin?-'
and mountain raugers, inclnding the raising, clothing, subsistence,,
and otherwise supporting the same, to be paid up©a the order of thc-
auditing board, tvro million dollars.

To snpplr the penitentiary -with raw Biaterial for mannfacturing
purposes, tjvelve thousand dollars ; to be paid to the order of the-
superintendent theveof.

To pay Patrick Kean, as reporter to the secret debates of the-
conTentioa, upon the -certificate sf the seeretaiy thereof, as ordered:
by the conTention, three hundred dollars.

To pay Messrs. Hoyer & Ludwig for engraTing and printing two-
hundred copies t>f the ordinance of secession, three hundred and'
ninety ctollars.

To pay J. D'. Peadleioa and John Burwell, for clerical serriccs
rendered the senate during the indisposition &! the ck-rk of tke senate-
at the pveseat session, sixty dollars- each.

2. Be it furtber enacted, that so raucls of the pablic revenue as-
mny be received into the public treasury after the tkirtieth day of
September eighteen hundred and sisty-tiree, and the surplag of all
other appropriations made prior to that date, unexpended -rtfithin the-
iiscal year ending c<ii the la&t day of September eighteen hundred
and i?lxty-three, and all othe? moneys not otherwise appropriated by
law, shall constitute a general fund, to i^fray such expenses autho-
rized by law as are not herein particularly provided for, &ad to defray"
the us'aal allowances to Isnatie asylums, and other surrent expenses.
of the commonwealth, m the Sscal year which shall eommense oia,
the first day of October eighteen hundred and sixty-tlyee, and ter-
minate on the thirtietk day of September eighteen hundred ani^
sixty-four; and the aviditor of public accounts is liSi-eby authorizeiS
and reqnii'Gd to issue his warrants in the same manner as if the sarasv
had been speeifieally mentioned, subject to such exceptions, limifca-
tions and conditions as the general assembly have prescribed, or may
deem it proper t& annex and prescribe by law : provided, that nothing
in this act contained shall be so construed as to authoi'ize the auditor
of public accounts to issue his warrant or warrants in satisfaction o3
any judgment or decree of any court of law or efjuity against thi?-
. eomrnonwealth, for a sum exceeding tliree hundred dollars, without a
special api)ropvJation by law.

•3. The payments to the militaiy institute, fc^r support, to the-
lunatic asylums, fiu' support and transportation of patients ; and tc
the institution for the education of the deaf and dnmb and the blind,
shall be made, one-fourth in advance, on the first day O'f October^
one-half on the first day of January (if the visitors or directors s.^
require), and the remaining one-fonrth on the first day of April.

Gommeacemen*. 4. This act sUail bi3 in force from its passage,,

Diaposal' of ge
aesai fund

}<imLtaii02:;

Payments, when
made

INTEREST ON WAR TAX. — MILITARY AFFAIRS. 3j?

Chap. 3. — An ACT authorizing the payment of Interest on Bonds given for
the Confederate States War Tax, after the day of payment.

Passed Marcli 12, 1863.

1. Be it er.acteil by the general assembly, that any bond heretofore Bond, when to
<or hereafter given for the payment of money, in pursuance of the act of ^^^
assembly entkle*l an act to provide for the assumption and payment
of the Confederate States war tax, passed February twenty-first,
eighteen hundred and sixty-two, shall continue to bear interest until
presented for renewal. The holders of bonds heretofore paid after when holders
the day of payment, to whom interest was refused after the said day rest'
of payment, shall be entitled to such interest; and the auditor of when auditor i«
public accouKts shall issue his '<varrant on the treasury, payable out
of any money in the treasury not otherwise appropriated, in favor of ^
the person whose bond may have been paid without such interest, for
the amount of interest which would have accrued thereon, at the rate
of sis per eentum per annum, from the day of payment until the Rule of intcres*
same may have been paid.

• 2. This aet shall be in force from its passage. • • CommencciQent

C'liAP. 4. — Au ACT to tran.sfer the State Troops and Hangers to the Con-
federate Government.

Passed February 28, 1663.

1. Be it enacted by the general assembly, that the governor be o^nTernor di-
and he is hereby authorized and directed to cause, without delay, all i-^s'^tute°tro^op3
the state troops raised under an act of the general assembly, entitled Acts as to state
an aet to authorize a force of ten. thousand men to be raised for therangMs'*°
defence of the commonwealth, passed May fift-eenth, eighteen hun-
dred and sixty-two, and under any acts amendatory thereof, in-
cluding all companies of rangers organized under the act of March
twenty-seventh, eighteen hundred and sixty-two, entitled an act to
authorize the organization of ten or more companies of rangers, or
any other act of the general assembly, to be reorganized into com-
panies, battalions and regiments, in accordance with the laws and
regulations of the confederate service. In case there be four com- when officers •
panics of said rangers, including the company of Captain George j^r''' *^ "^"^ * ™*'
Dusky, at present acting with one of the regiments of said state
troops, it shall be lawful for the officers of said companies (as intended
by the said act of the twenty-seveinth of March eighteen hundred
and sixty-two) to elect a major therefor, who shall be commissioned
bj^the governor as of the day preceding the date of the passage of
this act : provided, that such election be made within ten days after
■the passage of this act ; and such major, without waiting for his
fiomnii.ssion, shall be deemed one of the field ofiicers who may be

MILITARY AFFAIRS.

Company offi- 'elected under the nest succeeding section. Wlienever two or more
oers, ort eec companies are consolidated into one to make up the complement of
men required by f-aid laws, the non-commissioned officers and pri-
vates may (under the superintendence of such oiBcer as shall be de-
signated by the governor for that purpose) elect, from among the
officers of the same grade, a captain, a first lieutenant and two second
lieutenants, who ishall be assigned to tlie company tiius formed, and
the commissions of tlie other company officers shall thereafter be
void.

Battalions and
regimentG, how
formed
Field officers,
how chosen

What field offi-
cers discharged

How mustered
into service of
Confederate
States

How Received

Who may be
discharged

Inventory of
arms, &c. how
taken

How transferred
to confederate
government

Staff officers

Arms, &e. liow
Talned

2. As soon as ten comptinies are thus formed, they shall be or-
ganized into two battalions and one regiment. 'From the field officers
of the necessary grades now in. commission in said state troops and
rangers, the commissioned officers of the regiment may elect their
field officers. In like manner, when another regiment is formed, the
like proceeding shall be had until all the regiments that may be
formed are completed-. If there are any companies left after the
formation of said regiments, they shall be formed into a battalion,
and officered in like manner. The field officers then remaining with-
out commands shall be discharged, and their commissions, shall be
void. The regiments, and any detached battalion thus formed, shall
be mustered into the service of the Confedeyate States by such mus-
tering officer as shall be detailed by the secretary of war for that
purpose ; and when so mustered, complete returns thereof shall be
immediately made by such mustering officer, to the adjutant general
of this state at Richmond. The said. troops are to be received in
companies, battalions and regiments, with their respective officers.
They are to be mustered into the service for the war, but with the
express reservation that those not subject to conscription, if they
desire it, shall be discharged at the expiration of their present term
of enlistment. The governor shall appoint an officer,. to be present
at the mustering of said troops into service, whose duty it shall be to
take an inventory, of all arms, accoutrements, ordnaiice, equipments,
stores, munitions of war, horses and other property which may be in
the possession of said troops when so mustered into service ; and the
same shall be transferred to the confederate government, and shall
be received and receipted for by the said mustering officer at the
time of receiving and mustering said troops as aforesaid. Such staff
officers for said regiments and detached battalion, if any, as may be.
authorized by the laws of the Confederate States, shall be appointed
by the colonels of the regiments when formed, according to the laws
of the Confederate States ; and when the siiid regiments are mustered
into service, the said staff officers shall be received as a part of the
force transferred, and be commissioned accordingly.

3. All the arms, accoutrements, ordnance and equipments, stores^
munitions of war and other property furnished and receipted for as
aforesaid, shall be valued by the mustering officer aforesaid, and the
officer appointed by the governor to make the inventory thereof^ and

MILITARY AFFAIRS. 41

if they fail to agree, in such mode as may be agreed on by the»gover-
nor and secretary of war; and the value thus ascertained shall, valuation, bow
upon delivery thereof, be paid by the confederate government into rate government
the treasury of the commonwealth* to the credit of the common-
wealth.

4. All enlistments for the state troops and rangers shall cease from
and after the passage of this act.

5. From and after the transfer of the said troops, as provided for Payments not.
inthe second section of this act, no claim shall be allowed for the tranlfti-^

.payment of the officers and troops or otherwise, on account of said
state troops and rangers, except in discharge of liabilities incurred
prior thereto.

6. Such portion of said forces, including commissioned, non-com- When pay, ra-

. '. T ™ -I ■ , 1 n ' 1 ■ J -I t ■ tions, &c. not to

missioned omcers and privates, as shall not be reorganized and trans- be received
ferred before the first day of April eighteen hundred and sixty-tlu'ee,
according to the provisions of this act, shall receive no pay, clothing,
rations or other allowances for services thereafter.

* . . .

7. This act shall be in force from its passage, and all acts and Coramencenient

parts of acts inconsistent therewith are hereby repealed. - clause

Chap. 5. — An ACT to provide for the Discharge from active Military Ser-
vice, of persons who have famished Substitutes.

Passed February 5, 1863.

1. Be it enacted by the general assembly, that no person who has When person
heretofore furnished, according to law, a substitute in the military nished substi-
service of the Confederate States, for three years or the war, shall be from mmtary
liable to military service, under the proclamation of the governor of ^^'"*'^^®

the tenth day of January eighteen hundred and sixty-three, or any

future proclamation calling for forces under now existing laws, to be ♦

turned over to the service of the Confederate States, except in cases

in which such substitute may be himself liable, under the laws of the

Confederate States, to perform his own tour of duty; but such per- Entitled to dis-

son shall be entitled to his discharge. ^ '^^^'^

2. In conformity to instructions of the governor, not inconsistent Questions of ex-
with the provisions of this act, the board of exemptions provided for determined''^
by act of October first, eighteen hundred and sixty-two, are em- :
powered and directed to determine all questions of exemptions arising

under said proclamation, or any future proclamations, claimed by any
person by reason of his having furnished a si]^stitute.

3. This act shall be in force from its passage. Commencement

4i ■ MILITARY AFFAIRS.

Chap. 6. — An ACT to amend and re-enact an act further to provide for the
Public Defence, passed October 3, 1862.

', ■ Passed Marcli 13, 1863.

Act amended Be it enacted by the general' assembly, that the act passed October

third, eighteen hundred and sixty-two, entitled an act further to pro-
vide for the public defence, be amended and re-enacted so as to read
as follows :

Slaves, how 1. Be it enacted by the general assembly, that it shall be the duty

vice^ orconfede- of the governor of this commonwealth, and he is hereby authorized
rate States ^^-^^ required, whenever thereto requested by the president of the
*. "^ Confederate States, to 'call into the service of the Confederate States,

for labor on fortifications and other works for the public defence
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
. ■ male slaves therein between the ages specified, to be apportioned by
How appor- the govemor. Such requisition shall be apportioned ratably among
'^^^ all the slaveholders in the several counties, cities and towns on which

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,
When govcruor which may be demanded from his county, city or town : provided,
eounues™'' however, that the governor, in his discretion, may exempt wholly or
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 afi'ect the agricultural pro-
ducts of such counties. And the governor may exempt such other
counties as, from their geographical position or contiguity to the
Persons, how public enemy, he may deem expedient. And in any county, cify or
exempted town partially exempted under this statute, anj' person who may

satisfy its county or corporation court, or any person appointed by
• ' the governor for that purpose, 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 operation of
Monthly allow- tbis act. The sum of twenty dollars per month for each slave shall
sUves'^''' ^"^ b^ P^^*^ by ''^^^ Confederate States to the person entitled to his ser-
vices, and soldiers' rations, medicines and medical attendance fur-
Value, when nished ; and the value of all such slaves as may die during their term
rate go\'ernment *^f scrvicc. Or thereafter, from injuries received, or of diseases cou-
. * tracted in such service, or not be returned to their owners, shall be

Compensation P^itl by the Confederate States to the owners of such slaves ; and
for injuries £yj| compensation shall be made for all injuries to slaveti arising from
the act of the public enemy ; and in Hke manner, full compensation
shall be made for aiiy injury to slaves arising from a want of due
diligence on the part of the authorities of the Confederate States :

MILITARY AFFAIES. 43

provided, that the Confederate States shall not be liable for any slave
not returned by reason of fraud or collusion on the part of the owner
or his agent ; or if his death should be caused by the act of God, ax
by disease of such slave, existing when received by the confederate
authorities ; and in all cases the burden of proof shall be on the an- Burden of proof
thorities of the Confederate States, to discharge the latter from lia-
bility to the former. Hired slaves shall be regarded as the slaves of Hired slaves,
their temporary owners, in apportioning for the punposes of this act ; garded
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
o^the hired slaves to b,e sent to the public works ; but in every such
case, the slave or slaves to be sent shall, be ascertained by lot, in
which each of said slaves shall be drawn for by the court.

2. Be it further enacted, that so soon as the governor shall deter- Notice of call.
mine to make a requisition for slaves under this act, he shall give °^S'"'*'*
notice thereof to the several counties, cities and towns on which the

call may be made, by causing to be filed with the clerks of the
several county and corporation courts, copies of the requisition made
on their respective- counties, cities and towns ; and thereupon it shall Duty of clerks
• be the duty of the said clerks forthwith to issue a summons to all the ° '^""'^ ^
acting justices of their ;.'espective counties and corporations, requiring
them to meet at the courthouses of their counties and corporations, ■
on a day to be named in the summons, not later than six days from
the filing of the requisition, to carry the same into effect ; which
summons shall be directed to and executed by the sheriff of the Duty of sheriffs
county or sergeant of the corporation, as the case may be.

3. It shall be the duty of the several county and corporation courts. Number of
after being duly convened as aforesaid, and not less than five justices requlsitron^how
being present, to ascertain, by the assistance of the commissioners of ascertained
the revenue of their respective counties and corporations, or other-
wise, the entire number of male slaves therein between the ages spe-
cified, subject to requisition under this act; and after ascertaining Apportionment,
the same, to apportion the requisition aforesaid, without delay, 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 between
the ages of eighteen and fiftj'-five, capable of performing ordinary ,

labor, as may be demanded from his county, city or town, throwing
into classes, when necessary, the holders of but one or a few slaves,
and of fractions of slaves, and ascertaining by lot, or agreement be-
tween the parties, or otherwise, the slave or slaves to be sent to the
public works from su.ch classes, and giving, as far as practicable, re-
lief to those upon whom the lot or draft may have fallen under any ,
preceding requisition : provided, that in no case of a soldier in ser- proviso as to
vice, or a widow having a son therein, or whose husband has died in &c
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.

44 MILITARY AFFAIRS.

How slaves de- 4. So soon as the apportionment aforesaid shall be made, it shall
be the duty of the courts of the several counties and corporations to
require each slaveholder to deliver, on a day and at a place appointed
by the court, his quota of slaves to the sheriff or sergeant, as the
cage may be, to be delivered by such sheriff or sergeant to an agent
or officer of the Confederate States in the city of Richmond, at the
When returned expense of the Confederate States. All slaves delivered by the
holders on the day and at the place designated as aforesaid, to be
liow seized, and returned at the expiration of sixty days. Slaves not delivered in ac-
cordance with the order of the court, shall be seized by the sheriff or
sergeant, as the case may be, and delivered, at the expense of flhe
owner, to the agent or officer of the Confederate States authorized
to receive them, and- may be held, on the terms and conditions afore-
said, for a period not exceeding ninety days, unless sufficient cause
for the failure shall be shown to the court of the county or corpora-
tion in which such failure may occur, and there entered on record ;
Expenses, how in whicli event, the expenses of said delivery shall be paid by the
^'^^ ■ Confederate States, and a certified copy of such order shall be con-

Fine elusive, evidence of such sufficient cause: and moreover, the holder

: _, .of such slaves shall be fined not less than three dollars nor more than

Sheriff to report ten dollars for every day each slave shall' be withheld; and it shall
mquen h |^^ ^j^^ ^^^^ ^^ ^^ sheriff or sergeant to report to the court, at its
next succeeding monthly term, all persons failing or refusing to deli-
Pine and execu- vcr their slaves as aforesaid ; and unless good cause be shown for
such failure or refusal, the court shall impose said fines, for which an
execution shall be forthwith issued by the clerk of the court; which
■fines shall be repeated from time to time, until the order of court is
complied with. Any sheriff failing to discharge the duties imposed,
by this act, shall be fined not less than fifty dollai's nor more than
two hundred dollars.

Detail of slaves, 5. It shall be lawful for the proper authorities of the Confederate
,ow ma e States, whenever in their opinion the public interest may require it,

' to detail for labor in the business and at the place from which they

have been taken, any slaves drafted under the provisions of the act
hereby amended, or of this act; but in no case shall the deficiency in*
labor on the public works, caused by such detail, be supplied by a
new draft on the other slaveholders of the county, city or town in
which the. detail maybe made; and auj' slaves which shall be ex-
empted from impressment or draft by any law of the Confederate
States, shall be regarded as detailed under tll^ provisions of this act.

Clerk and sheriff 6. The clerk and sheriff or sergeant shall attend the sessions of

to attend court , ^ • ■, t i ,. „ .

tJie court as m other cases, and the court maj- adjourn irom tr.ne to
time until the business shall be completed.

Duty of clerk .7. Should any county or corporation court fail or refuse to dis-
charge the duties hereby imposed on them, wholly or in part, it shall
be the duty of the clerk of such court immediately to notify the

MILITARY AFFAIRS. 4-5

governor thereof; aiul thereupon it shall be the duty of the latter, DuA- of gover-
unless good and suiScient reasons be stated by the court for such
faihire or refusal, by oflBcers and agents of his own selection, with
the aid of the commissioners of the revenue of such county or cor-
poration, who are hereby required to render such aid when required,
to impress from said county or corporation such proportion of the
slaves demanded by him therefrom as may not have been furnished
under the provisions of this act. The slaves thus impressed, together
with such as may have been furnished by such county or corporation
under this act, shall not exceed one-fifth of the number of male slaves
therein between the ages specified, capable of perfomiing ordinary
labor; shall be apportioned among the slaveholders, as herein above
set forth, and shall be turned over to an authorized ofiicer or agent
of, the Confederate States, to be held not longer than sixty days, for
the uses and upon the terms and conditions set forth in the first sec-
tion of this act. Separate receipts shall in all cases be executed to Receipt?, how
the owners by the sheriff or other person seizing or taking possession
of slaves under this act ; and receipts shall in like manner be taken
by the sheriff or other person holding them, when slaves may be
turned over to the agent or ofl5cer of the Confederate States. • Slaves
coming into the possession of the sheriffs, sergeants or agents of the
governor vmder this act, shall be regarded as in the possession and
service of the Confederate States and at their expense, until rede-
livered to their owners. For every seizure of a slave by a sheriff or Fee of sheriff
sergeant under this act, he shall be entitled to a fee of five dollars,
to be paid by the person failing to deliver such slave.

8. In making the requisition authorized hy this act, the governor Requisition to be
is required to equalize the burden, as near as may be, among the ^'^"'^ '^^
several counties, cities and towns of the commonwealth, and amongst

the citizens thereof, having, when practicable, due regard to the num-
ber of slaves theretofore, furnished by any counties or corporations,
or the citizens thereof, under the provisions of the act of October
third, eighteen hundred and sixty-two, and of this act, and under
any call heretofore made by the president or secretary of war, or any
ofjicer of the confederate army ; and for this purpose, it shall be the Number and
duty of the county and corporation courts, as soon as may be, to for- to°be forwarded
ward to the governoi the number and time of service, (ft' any slaves
heretofore furnished under any call as aforesaid, so that the equaliza-
tion intended by this seciion may be made to apply to any future call
for labor by the confederate government.

9. Under any requisition made upon any countj', city or town, it slaves to be in
shall be lawful for any number of persons who may be required to seeTor age^nt"'
furnish not less than thirty nor more than forty slaves, to place such

slaves in charge of an agent or overseer selected by such owners,
who shall deliver them to the confederate authorities, at the place
where the labor is to be performed, at the expense of the Confederate
States ; and such agent or overseer, if a fit and proper person, shall

MILITARY AFFAIRS.

• be employed by the confederate government as the agent or oVeiseer
How disehargftd in charge of. the slaves during their service of sixty days ; and such
overseer or agent shall not be discharged by any officer of the con-
federate government, except for good cause, to be approved by the
secretary of war: provided, that if the requisition on any county,
city or town shall amount to only twenty slaves and less than thirty,
in such case an overseer or manager maybe selected as aforesaid.

Subsistence 10. The owners of slaves may furnish them subsistence and pro:"

visions, and in such event shall be allowed commutation iu money in
lieu of rations, equal . to the commutation allowed soldiers in the
service.

• 11. All slaves sent voluntarily by their owners to the confederate
authorities, and accepted by them, shall stand on the same footing
as if sent under the proceedings required by this. act.

. 12. This act shall be forthwith communicated by the governor td
the president of the Confederate States. Any request for sFaves
hereafter made by the president on the governor shall be regarded
an assent to and acceptance of all the provisions of this act by the
Confederate States.

Commencement 1.^. This act^shall be in force from its passage.

Slaves gent vol-
"antarily

Act to be com-
municated to
president

Chap. 7. — An ACT to amend and re-enact the i'2th section of an act passed
M-3,rch 13th, 1863, entitled an act to ameud and re-enact an act further to
provide for the Public Defence, passed October 3d, 1862, and to amend
the title of said act.
»

Passed March 30, 1863. *

1. Be it enacted by the general assembly, that the twelfth section
of the act passed March thirteenth, eighteen hundred and sisty-three,
entitled an act to amend and re-enact an act further to provide fof
the public defence, passed October third, eighteen hundred and sixty-'
two, be amended and re-enacted so as to read as fbllows ;

"§ 12. This act shall be forthwith communicated by the governof
to the president of the ConTederate States, and shall be regarded an
act regulating the mode in which and the terms upon which slaves
in this state shall be impressed by the confederate authorities, under
the act of congress entitled an act to regulate impressments, ap-
proved March twenty^sixth, eighteen hundred and sixty-three, to the
extent provided for in the act to which this act is amendatory. Any
call for slaves hereafter made by the president on the governor, shall
be regarded an assent to and acceptance of all the provisions of this
act by the Confederate States."

Title amended 2. Be it further enacted, that the title of said act of March thir-

Act 01 1863
amended

tlow amended

Ab to impress-
ments

JIILITART AFFAIRS. . 47

ieenth, "eighteen Imndred and sixty- three, be amended and re-enacted
m as to read as follows : •

" An act to amend and re-enact an act further to provide for the Title
public defence, passed October third, eighteen hundred and sixty-
two, and to regulate the impressment of slaves by the confederate
ffovernment,"

Chap. S.— An ACT to amend and re-enact section 3cl of an act passed May
14th, 1862, entitled an act to organize a Home Guard. ,

Passed March 30, 1863.

1. Be it enacted by the general assembly, that the third section of Act of i862
an act passed May fourteenth, eighteen hundred and sixty-two, en- "

titled an act to organize a home guard, be amended and re-enacted
so as to read as follows :

" § 3. The said companies shall operate as a guard and police Guard, &c
for their respective counties during the war, and shall arrest all de- Dcstrterg, how
serters from the army found 'within the limits thereof ; and the officer
in command is herebyauthorized to order such force to rendezvous at
any point that he may determine upon, whenever in -his opinien the
interests of the county may require it. Whenever two or more com- when major
panies shall be organized in a county, they may elect a major, who ^^^
shall be commissioned by the governor to command the whole : pro- proviso
vided, however, that the troops hereby authorized to be raised shall
not be marched beyond the limits of their respective counties, against
'their consent, or kept in active service for more than thirty days at
any one time."

2. This, act shall be in fgrce from its passage. Commencement

•

CHAPb 9. — An ACT to refujid Money received for Esemption from Military

Duty.

Passed January 19, 1863.

Whereas the exemptions' intended and provided by the act of preamble
assembly entitled an act providing for the exemption of certain par-
ties upon religious grounds, passed March twenty-ninth, eighteen
hundred and sixty- two, by subsequent legislation of the congress of.
the Confederate States, may have been rendered of none effect to
parties who, upon the faith of said act of assembly, have paid money
to the state according to the provisions thereof: Therefore,

1. Be it enacted by the general assembly of Virginia, that in all when money t*
cases where such persons have served in the army of the Confederate audTtor"^^^ ^^

«^ • ■ MILITARY AFFAIRS.

States, in pursuance of the legislation of the. Confederate States, or
shall have paid the commutation for such service, as specified in
the legislation aforesaid, the auditor of public accounts be authorized
and required to issue his warrant upon the treasury of the common-
wealtii, in favor of any such person from whom commutation money
may have been or may hereafter be received into the treasury under
said act of assembly, or who may have served in the confederate
army, and shall have continued in servica or been discharged there-
from, for the amount actually so received, but not including any costs
attending the collection.

When sheriff 2. That any sheriff of a county or collector of taxes for a city or

may refund »• •■,■■,-, r ■ •tt

town, who may have in his hands commutation money received under
the provisions of the said act of assembly, and not yet paid into the
state treasury, be atithorized and required to refund the same, de-
ducting his commissions for collection, to such person or persons as
aforesaid, from whom the same may have been collected ; and the
receipts of the parties to whom such repayments shall be made, shall
be vouchers to such officers in their settlements with the auditor of
public accounts, required by said act of assembly.

Commencement 3. This act shall be in force from its passage.

Chap. 10. — An ACT 'to amend and re-enact the 1st section of an act entitled
an act to refund Money received for Exemption from Slilitary Duty, passed
Januaiy 19, 1863.

Passed February 5, 186:5,

Act of 1863 • 1. Be it enacted by the general assembly, that the first section of

amen e ^^^ ^^^ entitled an act to refund money received for exemption from

militaiy duty, passed January nineteenth, eighteen hundred and
sixty-three, be amended and re-enacted so as to read as follows:-

When auditor to " § 1. Be it enacted by the general assembly of Virginia, that the
issue warruri auditor of pubUc accouuts be authorized and required to issue his
warrant on the treasury of the commonwealth, in favor of any person
from whom commutation money may have been or may hereafter
be received into the treasury, under said act of assembly, for the
Coatg amount actually so received, but not inchiding any costs attending

the collection."

Gommenccment 2. This act shall be in force from its passage.

MILITAKT AFFAIK& . -49

C'HAP. 11. — An ACT to amend and re-enact the 1st section of an act entitled
an act to refund Money received for Exemption from Mllitarv Dutj,
passed January 19, 1863, and for other purposes.

Passed March 19, 1863.

1. Be it lonaetcd by the gen<?ral assembly, that the first section of Acta of leffj
an act entitled an act to refund money received for exemption from
military duty, passed January nineteenth, eighteen hundred and
sixty-three, as amended and re-enacted by an act entitled an act
to amend and re-enact the first section of an act to refund money,
received for exemption fr^m military duty, passed February fifth,
eighteen hundred and sixty three, be amended and re-enacted so as ■
to read as follows^

"§ 1. Be it enacted by the general tisserably of Virginia, that the wben wnrrau?
^inditor of public accounts be authorized and required to issue his
warrant on the treasury of the commonwealth, in favor of any per-
son, or his personal representative, from whom it may appear, by the
returns of the sheriflfs or other satisfactory evidence, commutation
money maj have been or may hereafter be received into the treasury,
under said act of .assembly, for the amount so actually received, but
snot including any costs attending the collection of the same."

"2.^ This s.ct shall be in forco from Its passage. Corameocemeot

Chap. 12.-— An ACT to amend the 15th section of chapter 20 of the Code.
so as to allow but one Major to each Kegiment.

Passed February 7, 1SC3.

1. Be it enacted by the general assembly, that the fifteenth sec- CoJj nmcndt-d
tion of chapter twenty-three of the Code be amended and re-enacted
80 as to read as follows :

" § 15. There shall be a major general for each division ; a briga- what officers
'dier general ^for each brigade; a colonel, lieutenant colonel and a separatemiiHa^^
major for each regiment ; a captain, first lieutenant and second lieu- «""°*°""'-'"^
tenant, four sergeants and four corporals for each company,".

??. This act shall be in force from its passage, Commonceaicn'.

Chap. 13. — An ACT authorizing the xiuditlng Board to pay Junior Majors
of Militia Reginients, for Service actually performed.

Passed Mflrch 19, 1863. •

1. Be it enacted by the general assembly, that whenever any re- Junior ma-i,n,
glment of Virginia militia has been called into service. by competent ^ *** -^*.
4

•50 • MILITARY AFFAIRS.

authority, in wliich there shall have been two majors appointed and
commissioned according to law, and the junior major shall have ac-
tually served therein, it shall be lawful for the auditing board, upon
proof of such service, to allow compensation to the said junior major
for the time he shall have actually served, at the rate of one hundred
dollars per month ; to be paid as other allowances made by them are
paid.

Commencement 2. This Ect shall be in force from its passage.

Chap. 14. — An ACT amending and re-enacting an ordinance of the Con-
vention concerning the Aids to the Governor.

Passed March 25, 1863.

Ordinance 1. Be it enacted by the general assembly, that the ordinance

amen e passed June twenty-ninth, eighteen hundred and sixty-one, entitled

an ordinance concerning the appointment of aids by the governor of

the commonwealth, shall be and is hereby amended and re-enacted

, . 80 as to read as follows :

Hnmber of aids " § 8. The governor of the commonwealth is authorized to ap-
appoi^r ^'^^ point, during the war, three aids, with the rank of lieutenant coloneS
Who to receive of cavalry ; but only one of said aids, to be designated by the go-
^^^ vernor, shall receive any pay, emoluments or perquisites for his ser-

vices ; and he shall be entitled to the pay of captain of cavalry."

Commencement 2. This act shall be in force from its passage.

Chap. 15. — An ACT establishing an Agency in the City of Riclimonu, for
receiving and forwarding Clothing, Shoes and other supplies to Virginie
. ^ Soldiers.

Passed March 9, 1863.

Ji gent, how ap- 1. Be it enacted by the general assembly, that the governor be-
S^of ' '^^ " ^^^ ^^ i* hereby authorized to appoint an agent, who shall reside in
the city of Kichmond, whose duty it shall be to receive and forward
' to the soldiers and officers in the confederate service fro\n the stato
of Virginia, any contributions of clothing, shoes or other supplies
which may be furnished by the families or friends of such soldiers or
officers. The said agent shall also receive and take care of all hos-
pital stores that may be contributed or purchased for the use of tho
sick or wounded soldiers of Virginia, and shall give out and dispense
the same on requisitions from the attending physicians or Burgeons
of such sick or wounded soldiers.

i>«pot, how pro- 2. The agent so appointed shall, under the direction of the govcr-

•grot, provide a suitable place in the city of Richmond, for tlie deposit

and safe" keeping of such contributions until the same can be trans-

^lorted t-o the places of their destination. He shall make such ar- TransportaUc^

irangeracnts as may be pyacticable ^ith the quartermaster's degart-

nient of the Confederate States, for the safe and speedy transporta-

'iion of such contributions ; and he may hire means of transportatioa,

^.)r with the ap^n'oval of the goreraor, he may purchase wagons and

teams for that purpose, and employ teamsters and other agents to

aid and superintend the saf« and sjjeedy traBsmiseiott of articles de-

|)osited with said agent. ^

3. It shall be the dttty of said agent, as soon as he sha!l have re- Duty of as«nt
•ceiv'ed liis appointment, and shaH have secured a suitable place of "" *^
deposit for the oentributions whi'ch may be made, to advertise for

three months, in all the newspapers published ia the city of Eich-
aiond, tfee purposes an^ objects hi' his agency, and the place of his
location. He shall receive a salary not exceeding fifteen hundred Salary
•dollars, and shall, if necessary, employ clerks, not esceeding two in Ckrks
Muraber, who shall receive a salary not exceeding seven hu5'.dved
'dollars each : provided, that nothing herein contained- shall prevent Soid:prsn>:^J-t^
the detailing of soldiers unfit for field daty, to act as the agent or
telerks, in lieu of the oi^cers aforesaid, whenever the conseat of the
Confederate States goveraiasent can be obtained therefor : provided, Bond, (iow giv »
that before the agent to fee appointed by the governor shall proceed
to discharge the 'duties of his agency, he shall enter iuto bond with
*approvied security, befoj*e the clerk of the circuit court of the city of
Eiehmoud, in the penalty of twenty thousajid dollars, with a condi-
tion for the faithfwl performance of all the duties required by this
^ct. And any party who may be injured by the default or negli- Rpmeds- again^
gence of said agejit, may recover Judgment against him, by motion, "^^"^
^pon ten (days' notice, before the circ?^iit court of the c^lty of Eicb-
euond.

4. In Gi-der 'to carry owt the purposes ef this act, the euro of Af^^ropnatioa
''wenty-five thousand dollars is hereby appropriated.

5. This act sfea»!l be iii force from its passage. Ooraraeaceaien'-

Chap. 16. — Am ACT to mathorii,e the ^ise of the Ss,\ls ef &e State by the
Coafederate States.

Parsed March Iv, 1860.

1. Be it enacted by the general assembly, that any pet son 'who vrlicn persous
lias been or may be hereafter arrested upon due authority, and po^ff^'e'J.^tg'',^'^,
charged with violating any military law of the Confederate States, "'?y ^''t*'°-"-,
ghall, upon the warrant of "commitment of the officer or person
snaking the arrest, be received into jail by the jailor of any county

5U • MILITARY AFFAIKS.— SALT-

or corporation of this commonwealth, and by 3iim safely kept, *€uord-
iag to the warrant of commitment, until discharged by the proper
Prc.vi:io. authorities, or by due process of law. But this section shall not be

construed to exclude from such jail any prisoner who has been or
may be committed thereto by any of the authorities of this common-
wealth.

j'sea of j.uior 2. The jailor shall, for the support of any such prisoner, be paid
by the Confederate States the same amount allowed bf law for keep-

Duty of jailor ing" and feeding other prisoners. And the jailor, for a failure of
duty as to any such prisoner, shall 4)e liable to the Corifederate States
hi like manner a^ he %vould to the state in case of a prisoner com-
mitted under its authority.

Con-.ajenceauC-nt

3. This act shall be iu force from its passage, and continue in force
during the present war.

Chap. 17.— An ACT to provide for the Production and Distribution of Salt.
Passed March 30, 1863.

Sarerintendent !• Bo it enacted bj the general assembly, that there shall be and

Sa;^ai-y" "" ^^ hereby created the office of "superintendent of salt works," with
an annual salary of five thousand dollars, payable quarter yearly.

iiovr oiected Sucli superintcudcut shall be elected by the general assembly, at its
present session, and annually thereafter, while this act is in force,

HoTrraLcovabic ^ud shall bo removable only by joint vote of the two houses, or in
the recess of the assembly, -by the boanl of supervisors herein after

KoTic!, hos^- ^.Tcn mentioned. Ho shall, within thirty days after his election, enter into
bond, with sufficient sureties, before the secretary of the common-
wealth, to be approved by hini. in the penalty of two hundred thou-
sand dollars, conditioned for the faithful discharge of his duties under

-fncaBs of. ya this and any future act. In case said superintendent fail to execute

~'^''^'^ said bond as required, or from any cause a vacancy may occur,

another shall be appointed by said board, subject to the same terms
and conditions. And that whenever the superintendent shall become
interested directly or indirectly in the manufacture or sale of salt,
his office shall be declared vacant, and his successor appointed by the
board of supervisors : and provided, that the superintendent who shall
be elected by the general assembly, shall in no event become inte-
rested in the property leased to or purchased by the state, as sub-
lessee or snb-contractor, or otherwise.

Outieis of a n'O!"- 2. The saperjntendent shall, under the control and management

rnrtodwt ^f ^jj^ board of supervisors, manage and dispose of the property,

real and personal, leased, acquired and held of Stuart, Buchanan and

Company, under a contract made by the commonwealth with said

Stuart, Buchanan and Company, bearing dat^ the twenty-fifth day of

^ ' SALT. 53

Mareb, eigliteen hundred and sisty-three, and ■sueli otlier propertj as
may be acquired under the provisions of this act. He shall also, un- Pcwfcr*.. nrici'^r
<der the like control of said board, have power to lease any real pro-
perty, and to purchase any personal property necessary to secure a
supply of salt foi* the people of the eomraonwealth, and the distribu-
tion of the same ; to contract for all Beedful supplies, and to hire a5l
necessary labor for operating the said works ; and if unable to agree
upon the prices to be paid for said leases or personal property, sup-
jdies and labor, with the owners, he shall have power to impress the
same, under the control of said board ; and if the said Stuart, Bu-
chanan and Company ehall fail to comply with their said contract, or
any part thereof, the said superintendent shall have the like power
and authoritj^'to impress their property described in said contract.

3. The board of public works sfisill, es-oflSeio, constitute a board Boarf7, hc,-=» to-i-
of supervisors. The members Oif said board, in addition to the salary

and expenses now paid them bj' law, shall be paid their necessaiy
traveling .espenses umler tliis act.

4. It shall be the duty of the superintendent, linder the control of Dnty of KniKr-
the board, to confirm and continue the existing teases of the four t" confirm aud
furnaces now leased .to Clarkson, Friend', Kelley and Gardner, except^'"^'^""^^!^'''"'^'*
4hat in the event of the- failure of any of these lessees to comply with

4he terms -aed provisioas of their contracts of lease, he shall resume
possession of the same, ao^d eitlier relet the furnace to other parties,
or he shall operate it for the commonwealth, as ehall appear expedient.
And as to the six remaining- furnaces acquired under th« contract othorfuns&-c«
aforesaid, the said superintendent sliall have power and authority izi
like manner to either lease the same, or any of them, or else to ope-
rate them for and on behalf of the coinojonwealtlj, m shall appear

5. The superintendent shall have power to appoint, and remove Suporiiuen'ient
.at his discretion, the foTlowing assistants, viz: one deputy manager, lam^^"''^,''^^'*^
at a salary of two thousajad dollars, and one elexlc, at a salary of two Th-.-ir saiaric-s
thousand dollars-

'6. The superintendent, iftider the control of the board ■of Gupervi- Control of trtn*-
sors, shall have control of transportation on the several rail roads in
the commonwesilth, for the conveyance of supplies to the salt works,
and for distribution of salt tliroughout the state, with power,' if neces- .
sary, under like control, to iriipress the same. He shall make distri- SaU, hew gft-trs-
"bution among the several counties, cities and towns, from day to day,
or from time to time, and in quantities proportioned to their whole
populations repe«tively, as he may be directed by the said board -of
supervisors : provided' the superintendent, 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.

7. Fox the purpose of ascertaining the value of the property,, real VrIkk of im-

54 SALT»

iTPHSPd pro- ami persocal, impressed under the second section of this act, it sTiaTB
icrtained ■''° l>e lawful for the superintendeat to appoint one assessor, and the
owner or owners another assessop, and these two shall appoint a
3>Titv of assps- third ; and it shalJ be the duty of these three, or a majority of them^
to assess the value of all pyopertj impressed uiader this aet. They
shall make duplicate statements ©f every aueh assessment, and whicb
being endorsed by the superintendent, they shall return one copy
thereof to the board of supervisors, and deliver the othe? to the
owner of the property taken. Upon such certified statement, the
owner may demaiid and receive* payment from the treasury of the
ii'oxr, in case amount SO assessed. If the owner iii any case fail or refuse to ap-
appt>int assessor point an assessor, the assessment shall be made by the assessor ap-
pointed by the superintendent; and thereupon, like pr9«eedings shaH
he had as m other cases. , ^ •

Assessoi-H of real 8. For an assessmcBt for the use of yeal property, the board &i
Sppolated °^ supervisors shall appoint the assessor ob behalf of the eomnaonwealth.
an'd said board shall .select the arbitrator to be ©hosea by the state,
ander the contract v.ith Stiiart, Buchanaa and Company, for ascer-
taining the price to be paid f«-r the lease and property agreed to be-
sold by said ©ontnict.

Appeal, -nrhen 9. Api>eal shall lie from the decisioa of the assessors to the circuit
court of tlie county or corporation in which the property is impressed ;
and the proceedings shall be, mutatis mutai^dis, according to the
eleventh and twelfth sectiosis of chapter fifty-six of the Code of Vir-
ginia, edition of eighteen hundred and sisty; except that the com-
monwealth shall not be required to pay the money into court, nor to
the party entitled thei"eto, before* the decision of the appeal ; nor

Ko ;iijiinct;o.n to shall any court or judge grant injunction, for any cause, to i-estrain
the commonwealth from taking possession of the property impressed.

l>o granted

VRjuation, bow 10. The superintendent's certificate, approved by the board of
''^"^ supervisors, shall entitle the holder, whose property may have beoi

purchased or hired, to present the .same to the auditor of pabUc ac-
counts, and receive payment thereof; and in like manner shall en-
title Stuart, Buchanan and Company to teceive the amount that may
be ascertained to be due them under the contract aforesaid.

Suit, how 3oM 12. The salt SO manufactured shall be sold at cost, for cash, and

^.■ai de.ivered ^^ distributed to the different counties, cities and towns, through duly

accredited agents, to be appointed by the county and corporation

courts respectively, or where said courts cannot meet because of the

' presence or proximity of the public enemy, by the board of super-

. visors, on tlie recoramejidation of any three o^ more justices of said

county, or of the senator and delegate or delegates representing such

i-^ice, how fixed county in the general assembly: and in osder to do so, it shall be

the duty of the. board of supervisors from time to time to ascertain,

as near as may be, the actual cost of production and distribution.

and fix the price accordingly, so as to cover such entire cost.

SALT. 55

12. Any surplus of salt, after supplying the wants of the people surplus, how
of this state, may be sold to the confederate government, or to any '^^°^^

of the states, or to citizens thereof, under rule* and regulations to be
prescribed by the board of supervisors.

13. The superintendent shall make monthly reports of his trans- Monthly reportg
actions to the board, and shall account to them for all funds received dent '

by him, and shall pay the same into the treasury, when ordered by
the said board.

14. The board of supervisors shall make report of their proceed- Monthly reports
ings under this act, monthly to the governor, and shall also report to pervisors

the general assembly, at each of its sessions during the continuance
of this act.

15. The sum of one million of dollars is hereby appropriated to Amount appro
carry into effect the provisions of this act, to be paid out of any

money in the treasury not otherwise appropriated ; and such additional
sums are hereby appropriated as mnj be paid into the treasury from
time to time from the proceeds of the sale of salt, or so much thereof
as may be necessary for the purposes of this aot.

16. All acts and parts of acts inconsistent with this act are hereby Eepeaiingdang»
repealed.

17. This act shall be in force from its passage, Commencem^m

Chaf. 18. — An ACT to, authorize the appointment of an Inspector of Salt.
Passed March 30, 1863.

1. Be it enacted by the general assembly, that the board of public inspector of
works shall appoint an inspector of salt, to reside at Saltville; and pointed^ "^
for every five bushels thereof inspected, one-half of one cent shall

be charged, and at that rate for any less quantity than five bushels;

which fees shall be paid to the inspector by the producer of the salt;

and no salt shall be transported, sold and delivered, or removed from sait to be in-

the place where it is produced, unless inspected. spected

2. The board of public works may cause the salt produced by the Salt of state to
state to be inspected in like manner, and for which like fees may be ^ '"^p**^
paid to the inspector. If any person shall transport or remove, or

attempt to transport or remove, or sell, or offer to sell any salt, with-
out the same having been inspected, he shall forfeit five dollars for
each bafrel, cask, box or bag go transported, removed or offered for ,

sale. •

3. The board of public works may prescribe further rules and re- Rules and re^u-
gulations for the inspection of salt;, but no inspection shall be had of scribed """P^^"
salt manufactured by the agents manufacturing for other states.

56 SALT. CHANGES IX CODE.

• * 4. Any inspector, -with the approbation of the board of public-
works, may appoint one oV more deputies to assist hiin, for whose
acts his principal shall be liable, and be entitled to the same fees as
his own.

5. All acts and parts of acts inconsistent with the provisiana of
this act are hereby repealed.

CoanntEeement 6. This act shall be in force from its passage.

Chap. 19. — An ACT to amend and re-enact an act entitled an act to amend
section tl of chapter 29 of the Code, so a.s to exempt the pFoperty of per-
sons in the military service of the State from distress for rent payable in
money, passed February 19th, 1862.

Passejl February 16, 1863.

Aet of 1662 1. Be it enacted by the general, aisserably, that the act entitled aa

aaienited " ^ct to amend the eieventh section of chapter twenty-nine of the
Code, so as to exempt the property of persons in the military service
of the state from distress for rent payable in money, passed February
nineteenth, eighteen hundred and sixty-two, be amended and re-en-
acted so as to read as follows :

Legal proceed- " § 11. No proceeding shall be had at law or in equity against the
wnsin nSiUar" pcrson or property of any one ordered into actual service, whether of
Heryiee ^-^-^^ State or the Confederate States, or against his surety, from the

time such person shall be ordered to the place of rendezvous until
thirty days after his tei-m of service shall have expired ; and if any
such proceeding lias been or shall be comnicnced, the court in which,
or the justice before whom it may be had, at any stage of such pro-
ceedings, in the discretion of said court or justice, may dismiss, dis-
continue or stay the same, or make such other order in regard thereto
as may be deemed proper to give effect to the provisions of this sec-
tion : nor shall the property of any person be sold under any deed of
trust while he is in such actual military service, nor for thirty days
after his term of service shall have expired. The exemption provided
by this section shall not apply to proceedings in criminal cases, nor
to any suit or proceedings against any person for a tort, nor to any
person who shall have incurred a liability as an oiEcer of the com-
monwealth or of any court, or to any of his sureties as such officerr
or to any person who shall have employed a substitute to perform hia
tour of duty ; nor shall it prevent the giauting or reinstating of any
, injunction: provided, however, that trials in actions for tortagainst
such persons may be stayed by the court in its discretion in- which
such action is brought, so long as such persdn may be in such actual
jpailita^iy service." ,

(ijqiDHiencemeiat 2. Thjs act sliall be iu force from its passage.

CHANGES IN CODE. 57

Chap. 20. — An ACT amending and re-euactiug the 19th .section of chapter
61 of the Code of Virginia (edition of I860), so as to require Eail Road
Companies to give receipts showing the Weights for Freights.

Passed March II, 1363.

1. Be it enacted by the general assembly, that the nineteenth sec- Code amended
tion of chapter sixty-one of the Code of Virginia (edition of eighteen
hundred and sixty), be amended and re-enacted, so as to read as

follows :

" § 19. On a rail road on which different rates are not prescribed by Rates of trane-

. f. 1, IP • portation on

law, the followmg rates of toll may be charged tor transportation, to persons and pro-
wit : Of a person and his baggage, within a hundred and fifty pounds,
not exceeding six cents per mile : of produce and other articles, ex-
cept gypsum, lime, guano, and other specific manures, not exceeding
eight cents per ton per mile; and gypsum, lime, guano, and other
specific manures, not exceeding four cents per ton of twenty- two hun-
dred and forty pounds per mile; and for the transportation of any
person, or of any produce or other articles for a distance less than t(?n
miles, a charge may be made at the foregoing rates as for ten miles :
and where articles weigh less than four pounds to the cubic foot, a what rates

• c r -I "'liPD articles

toll may nevertheless be charged on each'cubic i«ot as tor lOur pounds weigh less thim

weight : and when the articles in any one consignment weigh less """^ ^°^^ •

than one hundred pounds, a toll may be charged on the same as for

one hundred pounds weight. If for the transportation of anj' person

with his baggage, or for any consignment, the whole charge at the

rates before mentioned would-be less than twenty-five cents, the same

may nevertheless be charged as a minimum. Receipts shall be Receipts, how

. ' .... given

given for transportation of articles, in which shall be specified the
weight of such articles, and the rates of toll thereon changed, accord-
ing to such weight, except where such articles weigh less than four
pounds to the cubic foot. For the weighing, storage and delivery Charge
of articles at any depot or warehouse of the company, a charge may
also be made, not exceeding the ordinary warehouse.! rates charged
in the town in which or nearest to which the depot or warehouse
is situated."

2. This act shall be in force from its passage. Commencemcci

Chap. 21.— An ACT t(» amend the 43d, 44th and 45th sections of chapter 87
of the Code, so as to increase the Fees of Tobacco Inspectors.

Passed March 3, 1863.

1. Be it enacted by the. general assembly, that the forty-third, forty- Code amended
fourth and forty-fifth sections of chapter eighty-seven of the Code of
Virginia (edition of eighteen hundred, and sixty), be amended and
re-enacted so as th read as follows :

CHANGES IN CODE.

Fees to iuspec- " § 43. • There shall be paid to said inspectors, for each hogshead
or cask inpected by them, one dollar for opening, inspecting, cooper-
ing up, furnishing nails, marking and weighing it.

Fees " § 44. For every hogshead or cask of the weight aforesaid, of in-

spected tobacco, received on storage at any warehouse, there shall be
paid to the inspector thereof one dollar for opening one head, break-
. ing the tobacco in one place, coopering up the same, the necessary

nails, and turning it into the house again.

" § 45. There shall be paid to the inspectors, for each hogshead or
cask delivered out of their warehouse, fifty cents ; and for putting
into good order each hogshead or cask noted by them to be in bad
order, seventeen cents." '•

Commencement 2. This act shall be in force from its passage, and until the expira-
tion of six months after the conclusion of the existing war.

m Code amended

CiiAP. 22. — An ACT to amend aud re-enact section 41, chapter .58 of the
Code of Virginia (edition of 1860), so as to authorize Banks to increase

their Contingent Funds.

Passed March 7, 1803.

1. Be it enacted by the general assembly, that section forty-one,
chapter fifty-eight of the Code of Virginia (edition of eighteen hun-
dred and sixty), be amended and re-enacted so as to read as follows :

Rate of dividend " § 41. There shall be no dividend of profits of a higher rate than
Surplus fund six per centum per annum on the capital paid in, until the bank shall
have a surplus or contingent fund arising from profits, of at least
five per centnra of its capital stock : nor shall any dividend of pro-
fits be made, by wliich such fund is reduced below the said five per
centum. But^the said fund is not at any time to be more than twenty
per centum (on the capital paid in) over and above the bad and
doubtful debts. So much of said fund as may have accrued at any
branch, shall be left with such branch until it may be wanted to meet
losses sustained by the bank."

Commencement 2. This act shall be in force from its passage.

Limitation of
aurplus fund

Code amended

Cll.\P. 23.^An ACT to amend and re-enact section 22 of chapter 108 of the
Code of Virginia (edition of 1860).

■ Passed January 24, 1863

1. Be it enacted by the general assemlily of Virginia, that the
twenty -second'«ection of chapter one hundred and eiglit of the Code

CHANGES IN CODE. . 59

of Virginia (edition of eighteen hundred and sixt}'), be amended and
re-enacted so as to read as follows : '

" § 22. The commissioner shall alphabetically arrange each of the Duty of commis-
books so to be kept by him, and shall make and subscribe an affidavit
therein, to the effect that he has pursued the directions in this act, ac-
cording to the best of his skill ; and he shall return his said books to
the clerk of the court of his county, on or before the first day of
June. In addition to the compensation now allowed by law to com- Compensation
raissioners of the revenue, the sum of three cents shall be paid to
every such commissioner, for eabh birth and death listed and reported
to the county or corporation clerk in said commissioner's district,
under the provisions of this chapter, and that the same be paid out
of the public treasury, upon the certificate of the county or corpora-
tion court, setting forth the number of births and deaths returned,
and that the said returns have been accurately and fully made, accord-
ing to the laws regulating the same, and within the time prescribed .
thereby. If the auditor of public accounts shall be of opinion that Duty of auditor

. , , . , 1 T 1 111 iu certain cases

the lailure to return a report oi the births and deaths to the clerk
within the time prescribed by law, was unavoidable, he may, not-
withstanding such failure, pay such claim."

2. This act shall be in force from its passage. ComnseneemeB!

CliAP. 24. — Au ACT to amend the 12th section of chapter 10 of the Code of
Virginia, so as to extend the time for filing Complaint in cases of Con-
tested Elections.

Passed January 27, 1863.

1. Be it enacted by the general assembly, that the twelfth sec- Code amended
tion of chapter ten of the Code of Virginia (edition of eighteen hun-
dred and'sixty), be amended and re-enacted so as to read as follows :

" § 12. The returns of the elections of justices of the peace, of Returns, hov»-
clerks of the county and circuit courts, of attorneys for the-common-
wealth, surveyors, sherifis, commissioners of the revenue, constables
and overseers of the poor, under this act, shall be subject to the
enquiry, determination and judgment of the respective county and
corporation courts, or of the county court, in case the election was
for a county and city, upon complaint of fifteen or more of the Complaint, how
qualified voters of the county or corporation, or of the proper dis-
trict, when the officer is elected by a district, of an undue election or
false return ; two of whom shall take and subscribe an oath or affir-
mation that the facts set forth in such complaint are true, to the best
of their knowledge and l^elief. #.nd the said courts shall, in judging Duty of courts
of said elections, proceed upon the merits thereof, and shall deter-
mine filially conceiniing the same, according to the constitution and
laws of this commonwealth: and such complaint shall not be valid, Time when «om-

CHANGES IN CODE.

plaint shall be
filed

Duty of clerk

Proviso,

or regarded by tlie court, unless the same shall have been filed within
twenty days after the election, in the clerk's oiBce of the proper
court: and when the complaint is of undue election or false return
of a justice of the peace, the clerk of the said court shall imme-
diately certify to the governor the decree of said court, when made,
and in whose favor such contested election shall have terminated ;
and the governor shall then commission such person in whose favor
such contested election terminated. And in said last mentioned
contested elections, in case such complaint be filed in due time, the
clerk shall transmit by mail, immediately to the governor, a certified
copy thereof: and in such case, no commission shall be issued until
the court shall have determined and adjudged on such complaint aa
aforesaid : provided, however, that when the complaint is of the
undue election and false 'return of a justice of the peace, all the
justices composing the court shall be summoned for the trial of the
complaint, and a majority of those not interested in the contest shall
be present.".

Commencement 2. This act shall be in force from its passage.

Code amended

Chap. 25. — An ACT amencling and rc-onacting tlie 2ntl and oth sections of
> chapter 34 of the Code of Virginia, entitled Virginia Military Institute. ^

Passed March 30, 1863.

1. Be it enacted by the general assembly, that the second section
of chapter thirty-four of the Code of Virginia be amended and
re-enacted so as to read as follows :

Board of visi-
tors, how ap-
pointed

Board a fcorpo-
ratiou

" § 2. There shall be a board of visitors for the institution, com-
posed of the adjutant general and eight other persons, two of whom
shall be appointed from each grand division of the state, and four
new members shall be appointed every second year ; the appoint-
ments to be made by the governor, by and with the advice of the
senate. They shall be and are hereby declared to be a corporation,
and as such, may sue and be sued for any cause or matter which has
heretofore arisen, as well as for any cause or matter which may here-'
after arise."

Code amended 2. That the fifth section of the thirty-fourth chapter of the Code
of Virginia (edition of eighteen hundred and sixty), is hereby
amended and re-enacted so as to read ag follows :

" § 5, Such reasonable expenses as the visitors may incur in the
discharge of their duties, shallbe ^id out of the funds of the insti-
tute."

Commencement 3. This act shall be in force from its passage.

CHANGES IN CODE. 61

Chap. 2G. — An ACT to amend and re-enact the 12tli section of chapter 20
of the Code of Virg'inia, so as to compensate the Printer to the Senate for
printing and binding- the Journals of the Senate at Extra Sessions.

Passed March 4, 1863.

1. Be it eu acted by the general assembly, that the twelfth section Code amended
of chapter twenty of the Code of Virginia be amended and re-
enacted 80 as to read as follows :

" § 12. The senate may appoint annually a printer for that body, Annual salary of

I t 11 1-1. 1*1 .I'l 1 -I ^ i't printer to senate

who shall, tor his annual salary, print and have bound two hundred

copies of the Journal of the Senate, with the index thereto of its

regular sessions, and perform such other duties as the senate by its

rules requires ; 'and all other work which he may do by order of the Estra work

senate, shall be deemed extra work, and paid for as is extra work

done by the public printer."

2. This act shall be in force from its passage. . Commenccnjent

Chap. 27. — An ACT increasing the Compensation of the Interior Guard at
the Penkentiary.

Passed March 26, 1863.

1. Be it enacted by the general assembly, that the fifty-first sec- Code amended
tion of chapter two hundred and thirteen of the Code of. Virginia

(edition of eighteen hundred and sixty), be amended and re-ehacted
80 as to read as follows : ' " :

"§51. The compensation of the said guard shall be allowed and Compotigation of
certified by the board, at a rate not exceeding two dollars per diem ^"'^'^
for each person, and paid by the general agent."

2. This act shall be in force from its passage. • Commtncement

CllAP. 28. — An ACT to amend and re-enact the 16th and l^th sections of
the ] 4th chapter of the Code of Virginia, so as to increase the Salaries of
certain Officers of the Penitentiary.

Passed March 28, 1863.

1, Be it enacted by the general assembly, that the sixteenth and Code amended
eighteenth sections of the fourteenth chapter of the Code of Virginia
bo amended and re-enacted so as to read as follows :

" § 16. The- superintendent of the penitentiary shall receive the Salary of super-
sum of two thousand dollars ; the first assistant keeper one thousand salary of sssis
dollars; the second, third, fourth, fifth, sixth and seventh assistant ^^'^

CHANGES 15? CODE.

Salary of sur-
geon

keepers, each nine hundred dollars. Moreover, each of the said
assistant keepers shall be allowed one hundred dollars -n'orth of the
manufactures of the penitentiarj% at the prices fixed by the director?;
every year the labor and the manufactures shall amount to the sura
of thirty-two thousand dollars. The surgeon of the penitentiary and
public guard shall receive the sum of one thousand dollars."

Directore "§ 18. The directors of the penitentiary shall receive the sum of

three dollars each for every day's attendance on th© board : provided,
that no director shall receive more than one hundred and fifty dollars

Salary of clerk per annum. The clerk of the penitentiary shall receive one thousanel
dollars."

Proviso

Commencement

2. Provided, that the compensation for services herein before pre-
scribed shall remain and be payable until the expiration of one year
after the ratification of a treaty of peace between the Confederate
States and the United States, and no longer.

. 3. This act shall be in force from its passage.

Code, &c.
amended

Chap. 29. — An ACT concerning Bonds oi Sheriffs.
: Passed January 16, 1863.

1, Be it enacted by the general assembly, that chapter sixteen.
' entitled an act to amend the fifth section of chapter forty-nine of the
Code of Virginia, as amended by an act passed June third, eighteen
hundred and fifty-two, concerning bonds of sheriffs and other col'
lectors of taxes, and bonds of constables, passed December twenty-
third, eighteen hundred and fifty-seven, be amended and re-enacted
80 as to read as follows :

Bond of sheriffs
and sergeants

Amount

When security
deemed insuffi-
cient

Auditor may pe^
tltson

"From every person elected sheriff of any county or corporation,
and from every sergeant of a corporation who is collector of the taxes
assessed therein, the court of such county or corporation shall take
bond with sufficient security, in such penalty aa it may deem suffi-
cient ; which shall not be less than double the aggregate amount of
all taxes, militia fines and other public dues and the county levy and
poor rates assessed and collectable in such county or corporation for
the year next preceding the official term of such sheriff or sergeant;
but the penalty of such bond shall in no case be in a sum less than
thirty thousand dollars. Such bond shall be for the term for which
8uch sheriff or sergeant may have been elected or may continue iu
office. If the security in the bond of any sheriff or sergeant shall
be deemed insufficient, or if such officer shall fail to pay the taxes,
militia fines and other public dues ; or if the same be iu a penalty
less than this act requires, the auditor of public accounts may petition
the court of the county or corporation for a new bond ; and it shall
be the duty of the court to examine into the facts of such petition 5

CHANGES IN CODE. . 63

or it may, without such petition, require tlie e-secution of a new bond New bond

in a penalty according to this act, with good and sufficient security,

and may at once suspend the official duties of such officer until such

new bond be executed ; and if the same be not executed within a \vhen court to

reasonable time, shall remov'e such officer, and direct an election to

fill the vacancy."

2.» This act shall be in force from its passage Commencement

Ctiap. 30.— An ACT to amend the 39th section of chapter 184 of the Code
of Virginia, so as to increase the Compensation of Clerks of Courts for
public services.

Passed March 11, 1863.

1. Be it enacted by the general assembly, that, the thirty-ninth Code amended
section of chapter one hundred and eighty-four of the Code of Vir-
ginia (edition of eighteen hundred and sixty), be amended and re-
enacted so as to read as follows :

"§ 39. There shall be chargeable in every county or corporation CompenKation

for SGrvic63 to

such sum as the court thereof ma}', for services to the public of the clerks
county or town, allow its clerk and the sheriff or sergeant attending
it, not exceeding for one year four hundred dollars to its clerk, and .
seventy-five dollars to its sheriff or sergeant ; and the corporation Corporation of
court of Richmond may make such allowance as it may deem proper
to its clerk and sergeant, for services for which no other compensation
is made by law."

2. This act shall be in force from its passage. Commencement

Chap. 31.— An ACT increasing the Compensation of Clerks of Courts
during the existing Avar.

Passed Miirtli 24, 18G3. •

1. Be it enacted by the general assembly, that the tenth section Code amended
of the one hundred and eiglity-fourth chapter of the Code of Vir-
ginia, of eighteen hundred aud sixty, be amended and re-enacted bo
as to read as follows, to wit :

§ 10. A clerk of a county or corporation court.

Where a writing is admitted to rec6rd under chapter one hun- Pee for rccorda

dred and twenty-one, for every thing relating to it, except ""**' ^" *°*

. the recording in the deed book, to wit ; For receiving proof
or acknowledgment, entering orders, writing on it clerk'a
certificate, statement of deed in list returned to court, re^

CHANGES IN CODE.

Recordation of
plat

Course
IHied book

Deed of trust on
mortgage

Swearing wit-

nesHes

Recordation of
will

Order as to dece-
dent's estate

Swearing per-
Honal represen-
tative

One fee where
more than one

Licenses

Marriage license

Ortificai«

Injunction bond

cording in minute book, and posting same, and embracing

it in list for commissioner of the revenue, - - $ 75

For recording a plat of not more than six courses, or for a

copy thereof, - - - - - 75

For every course above six, - _• _ .5

For recording in the deed book such writing and all matter
therewith, except plats, or for recording any thing not
otherwise providedTor, for every thirty words, - 5

In lieu of the said allowance of five cents for thirty words,
the clerk may, for recording in the deed book, elect to
charge the following specific fees, to wit : Where the wri-
ting is a deed of trust or mortgage, or is a conveyance of
real and personal estate, or of real estate only, - 1 20

And where it is not such, - * - - - 50

For swearing the witnesses, and entering in the order or mi-
nute book all orders in relation to the proof of a will which
is admitted to record without contest, and copying, such
orders on the will, - - - - 75

For recording a will, and the matter recorded therewith, in
the will book, at the option of the clerk, five cents for every
thirty words, or a specific fee of - - - 50

If there be an order committing a decedent's estate to an
officer, for entering and copying such order, and the orders
of appraisement, - - - - 75

If any personal representative qualify, for swearing him and
his surety, making out bond, entering and copying on the
will order granting probate or administration, making one
copy of such order for the representative, entering and
copying orders of appraisement, and including case in said
list, - ■ - - - - - 1 50

If several personal representatives qualify on the same estate,-
during the same term, only the same fee shall be charged
as if one had qualified, to wit, - - - 1 50

For entering and copying an order granting a license and

administering an oath where necessary, - - 1 20

On an application for a marriage license, for administering •
and writing certificate of oath, issuing and registering li-
cense, and recording and giving receipt for certificate of
the marriage, - - ■ - - - 1 50

For a search for any thing above a year's standing, except
where the clerk, at the request of counsel, searches for pa-
pers in a pending cause, - - . - - 15

For recording a certificate and posting a copy thereof under

the second section of chapter one hundred, - - 75

For making out an injunction bond, administering all neces-
sary oaths, writing proper affidavits, making out release of
errors, copying same and endorsing on the summons that

• such bond and release are filed, - - - 1 20

CHANGES IN CODE.

oO Writ of ad quod
,„ damnum
w Caveat

Summons to an-
s^vtr bill

Any other sum-
mons

Copy of process

Noting

For making ont any other bond, administering all necessary Any otiier bond

oaths, and writing proper affidavits, - - $1

For issuing a writ in the nature of an ad quod danmnm, - 1

On receiving tlie copy of a caveat, for entering such copy, -

For issuing a summons to atiswer a bill, with an endorsement
thereon of an injunction, or of an order of attachment, and
•recording return of same, . _ .

For issuing any other summons, or any writ not particularly
provided for, and for recording the return where proper to
do so, - - - - ,

For each copy of anj^ process which goes out of the office
(with such process), to be used in serving it, one-half the
fee for issuing such process.

For noting in the process book any decree, order or process
(except a summons for a witness), and taking a receipt
therefor, - - - . . 30

For postage paid by tlie clerk on a decree, order or process,
and putting in or taking out of post office same, double the
amount of such postage.

For entering in any suit, or in a motion for judgment for
money, all the attorneys for each party, or the appearance
in proper person of a party having no attorney who so
appears, - - - - - 15

For endorsing and filing each petition, declaration, bill, an-
swer, or other written pleading, each bill of exceptions,
demurrer to evidence, special verdict or case agreed, each
written notice of the defence relied on in ejectment, or of-
a motion for judgment for nioney, and each report of a . s

commissioner, and for entering each plea, replication or
other pleading" which is not written, - • - - 30

For endorsing and liling all the depositions and affidavits of Depositionri

witnesses, filed on the same side at any time, or all the
written interrogatories at one time from one party to ano-
ther, or all the answers filed at one time to such interroga-
tories, or the exceptions filed at one time by either party
to a commissioner's report, - - - 30

If papers be filed on the side of the plaintiffs, for which no
particular fee 'is allowed, a fee (not for each, but for the
whole) of - - - - - 30

So, also, if papers be filed on the side of the defendants, fur
which no particular fee is allowed, a fee (not for each, but
for the whole) of . . . . 30

For issuing an attachment, with a copy of the rule or order
for the same (if sent out therewith), and recording the re-
turn thereof, where proper to do so, - - 65

For issuing a scire facias, and recording the return thereof,
or for issuing a commission to examine witnesses, admiuis-
5

Postage

Appeartmce

Filing au<i eii-
dorfiiig' pt^iition.

Filing- papers for
pliiiutiffs

Filing for defen-
dants

IgBuing an at-
tachment

Scire facia*

CHANGES m CODE.

Bockt'tuvg'

Wliore 110 iui-y
is iitipajmek'd

-Swearing wll-
nesK

AdminigtHricg

OHth

Judgments; do-

I>ockctft;g

Taxing coetg

EKt'ciition re-
turned by con
utaWu

TraiiBcrspt ot
record

tprtrig oath when neceesary as the foundation thereof, and
writing affidavit, - . - . - - $0 80

For all the rules entered in any case on the same side, at the
•ialc» for one month, where any thing is done on such side
at said rules, hesidea entering or filing a pleading or con-
tinuing the case, - - - - 40

Where no proceedings are had in a case during any rules,
except to corstiniie it, the fee shall be at tHe rate of thirty
centa for every quarter of a year the case is so continued,
and no more. ,

l''or docketing any suit, or any motion for judgment for mo-
ney (to be charged only once). - - - 15

Except that whi-re an action or motion is on the court docket
at a quarterly term, if no decision or continuance be en-
U^red on it, there shall be a fee for putting it on the docket
at the next term, of - - - - 30

Where a jury is impanneled, for swearing the jury and wit-
nesses, - - - - - 1 00

Where no jury is impanneled, if witnesses be examined by

the court, for swearing such witnesses for either part3% - 30

Where a witness claims for his attendance, for administering
an oath to him, and entering and certifying such atten-
dance, - - . - _ - 50

For administering any oath not before provided for, and wri-
ting a certificate thereof, where the case requires one, - 25

For ail judgmevits, decrees, orders and proceedings (except
entries of pUuidings and matter otherwise provided for),
which are entered on the same d;iy, for the' same persons,
at the election of the clerk, five cents for every tlsirty
words (actually written on the minute or order "Ijook, or
upon the rule book, when final judgments are entered
therein), or a specific fee of - - - 30

For docketing, under chapter one hundred and eighty-six, a
judgment, decree, bimd or recognizance, - - 40

For taxing costs in any case, on one side, - - 30

And if the case has been i)ending move than a year, then for
every additional year, - - - - 15

When an execution is returned by a constable in a case
wherein there is no appeal from the justice's judgment, for
filing the papers, - - - 20

And if the clerk issue an execution in the case, for such exe-
cution and all his other services in the case, until and in-
cluding the record of the return oi' said execution (if it be
retnnicd before another issues), - - - 60

For any other execution, the,ontry in the execution book, and
the record of the return, - - - - 60

For making out a transcript of the record and proceedings in
any case, in due form, go that the same may be used in

CHANGES IN CODE.

an appellate coTirt, for every thirty words, five cents; and
for making ont, in any other manner than copying, any
paper to go out of the office, which is not otherwige pro-
vided for, the same, or in lieu thereof, if the clerk elect, a
specific fee of - - - - - S^ 40

For any copy to go out of the office,' if it be not otherwise Cupy

provided fur, five cents for every thirty words, or in lieu
thereof", if the clerk elect, a specific fee of - - 40

For annexing the seal of the fcourt to any paper, writing the Annesiog w ..i

certificate of the clerk accompanying it, and writing cer-
tificate for tlie judge or presiding justice, if the clerk be
requested so to do, - - - - 60

2. That the eleventh section of said chapter be amended &>dc lunondcd

and re-enacted so as to Vead as follows :

§ 11. A clerk of a circuit court. .

For a writ of supersedeas or other writ not u.sed in a county

court, - - - - - 75

For making out the bond upon issuing any such writ, ad-
ministering necessary oath, and writing proper affidavits, « 7;")

Upon any such writ, for endorsing and filing the petition
therefor, or when the writ is returned, for filing it, with the
return thereon, - - - . ' , _

For filing the record upon an appeal, or on such writ.

When the clerk of the court of appeals issues process on an
appeal, writ of error or supersedeas, for making out the
bond, administering the necessary oaths, writing proper
affidavits, and endorsing on the process a certificate of the
execution of the bond, and of the names of the sureties
thereon, - - • - - - 1 25 "

For docketing any case, a fee of twenty-five cents, or if the . Docketing

clerk elect, m lieu thereof, five cents for every thirty words
entered on the rule book when it is first docketed ; this fee
for docketing to be charged but once, except that when
any case, either at law or in equity, is on the court docket,
if at any time it be left undecided, without an order of »

continuance, there shall be a fee for putting' it on the
docket at the next term, of - ^ - . - 40

For all judgments, decrees, orders and proceedings (except Jntigmeatg, &«

entries of pleadings and matters otherwise provided for),
which are entered on the same day for the same persons,
at the election of the clerk, five cents for every thirty words
(actually written on the order book, or upon the rule book,
when final judgments are entered therein), or a specific
fee of - - - - - ' 60

After a decision by the circuit court or court of appeals, as
an appellate court, for issuing an execution, making copy
thejeof in the execution book, and recording the return, 1 20

Writ of tsnp< r»e

Endorsing tvrit

25 FiliDg record

Keiis when clerk
cf court of !ip-
pcaJs ittftUt»pro

OrdfM

CHANGES IN CODE.

Fur i
lachi

suing
cnfs

Unless the decision be by the court of appeals, in a case
wherein the first judgment or decree was in a county or
corporation court, in which case the fee shall be - $ 1 35

Bai-nagf-s- For taxing the damages to which a party may be entitled by

reason of an injunction, appeal, writ of error or super-
sedeas, - - - - - 60

For all otlier services, the same fees as a clerk of a county
or corporation court for similar services ; except that the
clerk of a circuit may charge—

In chancery cases:

For issuing an attachment or summons, Avith an endorsement

of an order of attachment or injunction, - -75

For process for which no higher fee is allowe^, - - 35

If when a bill or answer is filed, there be filed at. the same
time an exhibit, on which the clerk endorses the name of
the case and the day it is filed, for every such exhibit, . - 5

When more than three exhibits are returned with a commis- •
sioner's report (but not annexed thereto), for endorsing
and filing such, exhibits, a fee, not for each, but for all filed
with the same report, of - - - - 40

If papers be filed on the side of the plaintiff's, for which no
fee is before provided, a fee, not for each, but for the whole
of such papers, of - - - --40

And if papers be filed on the side of the defendants, for whicli
no fee is before provided, a fee, not for each, but for the
whole of such papers, of - - - - 40

For entering in the rule book the return of all process re-
turnable to the same rule day, a fee, not for each defen-
dant named therein, nor for every such process, but for
the whole of the defendants named in all such process, of 50

For all the rules entered in any case on the same side*at the
rules for one month, when any thing is done on such side
at said rules, besides entering or filing a pleading or con-
tinuing the case, - - - - 75
E:iecuticD For any execution, the entry of the case in the execution
book, and the record of the return, unless a higher fee be
allowed therefor, ' - - - - ,75

Proctss
Exliiljito

Exhjbi's wiih

H-.ommiiiBiODer's

T<>pf>rt

i^Uing

Ilu!e

Oonirafjncement 3. This act sliall be in force from its passage, and continue in force
RDd continuation 1^1^ ^- J ^^^^ ratification of a treaty of peacc between the Confederate
States and the United States, whereupon the laws in force immedi-
ately before the passage of this act, regulating the fees of clerks of
courts, shall be deemed to be in force.

CHANGES IN CODE. f^O

Chap. 32. — An ACT to authorize Town Councils and County Courts to
condemn land for Hospital purposes.

Passed i'anuarj' 26, 186.3.

1. Be it enacted hj the gen^-al assembly of Virginia, that the Cok- ameujed
first section of chapter eighty-six of the Ck)de of Virginia (etlition of
eighteen hundred and sixty), bo amended and re-enacted so as to

read as follows :

"§ 1. The comicil of any town or the court of any county may Powor.^ ot lonu-
establish in such count}', or m or near such town, hospitals, which
shall be subject to regulations not contrary to law. made by such ♦
council or court; and if they cannot agree with the owners ui)oii i.ancis and

' - , , .. I housi s. how

terms or purchase or rent oi houses and land necessary tor that pur- < ..mi-mu-d
pose, they are hereby authorized to condemn and take possession of
the same forthwith, and to hold and occupy for such time as may be
deemed necessary. A just compeusafion to the owners thereof Uf
be ascertained in the manner provided for in the lifty-sixth chapter

^of the Clode of Virginia (edition of eighteen hundred and sixty), and
allowance shall be made therefor in the next county or town levy :

'provided, that this act* shall not be construed so as to autliori/.e the i.imitjiion
condemnation or seizure of any of the buildings of the university,
or of any college or acadeinj-, or any building used for a school : and rrovisc.
provided further, that no dwelling house actually occupied as such
by any white- person, sha]! be condemned under the provisions of
this act."

2. This act shall be in force from its passage. Comniencnmnt

Cii.^p. 3:i — An ACT to enlarge the Power of Special Ttanis of Circuit
Courts in certain cases.

Passed January 19, 1863.

1. Be. it enacted by tiie general assembly, that the thirty-second Code anieDd.d
section of chapter one hundred and fifty- eight of the Code of Vir-
ginia (edition of eighteen hundred and sixty), be amended and re-
enacted so as to read as follows : • •

"§ 32. Whenever the situation of a prisoner conhned in jail for Trial-
trial in a ci'rcuit court makes it proper that his case should be dis-
posed of before the next regular term thereof, the judge of such Special term
court may appoint a special term to be hplden for the trial of the
case, in the same manner as if the same had stood for trial at the
next preceding term, and the court had adjourned without disposing
thereof. At a special court thus held, any prisoner may be tried Trial oi' i.ri,.,.mr
with his consent, and that of the attorney for the comnronwealth, en- ^- ^^^"^

70 CHANGES IN CODE. — ^TOBACCO.

tereJ of record, whether he be embraced or not in the warrant ap-
pointing such special term, and whether he shall have had his exarai-
nation before or after the date of such warrant."

Commencement 2. This act shall be in force from its passage.

Chap. 34. — An ACT to limit the production of Tobacco and increase the
production of Grain.

Pasaed March 12, 1863.

♦

Pn-amble Whercas the comfortable support of our soldiers in the field, and

tlie maintenance of their helpless families at home, is not only a duty
of patriotism, and humanity, but is absolutely essential to the suc-
cessful prosecution of the struggle for independence in which we are
^'ngaged : and whereas the actual or threatened occupation of a large
portion of the state by the public enemy, and the devastation of other
])ortions of it, leaves but a small portion, comparatively, in which the
pursuits of agriculture can be peacefully Tind safely followed, and
from which both army and people are to be subsisted : and whereaa
it is of the last importance that the labor of this portion of the stat^i
shall not be diverted from the production of grain into other chan-
nels, so as to incur the hazard of a want of bread :

ivodut'tion of 1. Be it tliereforo enacted by the general assembly, that it shall

iiLi.tt ^^^^ ^^^ lawful for any person, either for himself or another, to plant,

Nuiiib.rof within the limits of this state, in any one year, a larger quantity of

Kand" ^ " tobacco than twenty-fivc hundred plants for each hand betweeih the

ages of six^en and fifty-five years, actually and regularly employed

ProviBo in the cultivation thereof, as a field hand : provided, that it shall be

* lawful for any planter to plant a crop of ten thousand plants ; and ■

no planter shall plant a crop of more than eighty thousand plants.

hist, of field 2. It shall be the duty of every person engaged or intending to

fiei-ed in oaf!?" engage in the cultivation of tobacco, either for himself or another,
annually to render on oath to the commissioner of the revenue of the
county and district in which such person may reside, an accurate list
List. 10 he re- of all such field hands; which list the said commissioner is hereby
wrty books' '^l required to take and return with the property books.

p.na)<y for vio- 3. Any person violating the provisions of the first section of this
irumg iii-st sec- ^^^ ^j^^^^i y^^ deemed guilty of a misdemeanor, and shall be fined in
Ariou-.t of line .^ ^^^^^ ^^^ j^g^ ^^^^^^ f^^,^ huudrcd dollars nor more than five thousand
rorfeiiurpof till: dollars ; and shall moreover forfeit the full value of all the tobacco
■ '^" produced Iw him beyond the amount specified in said nr^t section;
How forfeiture to be paid to the county court of the county in which the offence
.Hj>oHe o ^^^^^ have been committed, and applied in defraying the expenses in-

curred by such county in providing for soldiers in service, and sup-
porting their families. '

TOBACCO. GENERAL ASSEMBLY. ELECTION LAWS. 71

4. For a violation of the second section of this act, either by a Penalty for vio-

• • i> 1 1 .T T 1 11 1 T T !''t'ing second

planter or cominis?ioner or the reveiuie, the oneTKler shall be deemea Bccsion
guilty of a misdemeanor, punishable by a fine of not lens than ten
dollars for each offence.

5. It shall be the duty of the judges of the circuit courts, and of imwcscf tUo

I , e ii 1.1 ■ ii. i* ' • jr.dgen of circr.h

the attorneys tor the commonwealth m the county courts, to give c.^ns and attor-
this act specially in charge to the grand juries of the several conn- cOTun^ouweaitii
ties ; and it 'shall be the duty of the commissioners of the revenue to nuty of cummis-
inform the attorneys for the commonwealth in their respective conn- « vouut-
ties, of all violations thereof which may come to their knowledge;
and the said attorneys shall cause the offenders to be prosecuted.

6. This act shall be in force from its passage, and shall continue c .mmcnci i\itut
in force during the existing war with the United States, and no longer.

Chap. ;!5. — An ACT to secure Represent.iD ou in the (icneral AsKembly for
Souarorial Districts, Counties, Cities ;iiia Election Districts within the
power of the Public Enemy.

Passed March 9, 1863. «

1. Be it enacted by the general assembly, that whenever, in con- Whpn Kenatoi-

P.I /•! IT ' . • •.•.! or deSegatu may

sequence or the presence ot the public enemy, v&cancies exist m the b.. admittid
re[)reseiitation oi" an}- senatorial district, city, county or election dis-
trict, it shall be lawful for the senator or delegate, as the case mny
be, who last represented such district, county or city in the genenil .
assembly, provided he be a loyal citizen of this commonwealth, to
continue to discharge the duties of the office until successors, respec-
tively, may be duly elected and qualified.

2. So soon as the presence or power of the public enemy' is with- Whonwrit ta tx-
drawn from any such district, county or city, writs shall be issued,

in the manner prescribed by law, for an election to fill the ofhce for
the residue of the term. The compensation of the ofhce shall be
payable to the persons discharging the duties thereof, for the times
only of their respective service.

3. This act shall be in force from its passage, and continue in Commpnocment
force durinjj the existiuir war.

Chap. :5fi. — Au ACT to provide for voting by persons in tlie Military Service,
and persons absent from their respective Counties and Corporations on '
ticcoiuit of the presence <)f the Public Enemy, in Elections for Members
of Congress, and for Governor, Lieutenant Governor and Attorney Gene-
ral, and for Members of the General Assembly, and to amend and le-enact
the .id section of chapter 8 of the Code of Virginia (edition of 1860).

Passed March 26, 1863.

1. Be it enacted by the general assembly, that during the present when persons ia

72 ELECTION LAWS.

ini'.itary service w!ir the qualified voters of this commonwealth, who maybe iu the
may vo o miHtaiy service of the state or of the Confederate States, on Ihe day

of any general or special election for members of the house of repre-
sentatives of the Confederate States, or of any election for governor,
lieutenant governor and attorney general of this state, may vote iu
such election,- ab such place or places within their regiment as the
commandant of such regiment shall designate, whether such regi-
ment l)e within the limits of tliis state or not.

Co•.nlni■!^iouors, 2. For each place of voting the coraiiTandant of the regiment shall
ov; appom e j]gj.j^i| jj isiiperintendent, three commissioners, and as many clerks as
sh:ill be necessary, who, after being first duly sworn by him, shall
perform the duties required of and be liable to the penalties imposed
upon such officers by the election laws of the state. The qualified
voters in any company or battalion unattached, or on detached ser-
vice, may vote in like^inanner, the officer in command detailing simi-
lar officers to perform similar duties-, who shall be liable to like
Po;:s tor iiiMii- penalties. ■The said commissioners shall open polls on the day of
any such election for merabei's of congress, for each district entitled
to representation in said congress, for which there shall be voters iu
said regiment, battalion or company desiring to vote; and on the day
of any election for governor, lieutenant governor and attorney gene-
ral, they shall al.so open polls for such last named officers. The
qualified voters who present themselves to vote, shall be asked by
said commissioners from what district they come, and each voter shall
Name, how re- vote for a person to re'present the district from which he comes ; and
cor.e orgo\ei- |^j^ jijin^P glja]| \^q recorded on the poll hook opened for that district,
and also on the poll book for governor, lieutenant governor and
attorney general, when an election for such last named officers shall
Dnty of commis- be held: and when the polls taken as aforesaid shall be closed, the
commissioners holding the said election shall make and certify a state-
ment of the said polls to the senior officer commanding the troops at
the point where such regiment may be, if there be any such officer,
and if not, then to the comiuandant of the regiment, unattached or
Polls to be taken detached battalion or company, who shall appoint some person whose
CTmmoaw'i^uh duty it shall be to take all the polls and statements which may have
been so taken and certified to the secretary of the commonwealth,
within- fifteen daj's after the commencement of such election.

When qualified 3. The qualified voters of any county or corporation, absent there-
persoDsniaj fpoui because of the presence of the public enemy, on the da}- ap-*
pointed for any such electi(m as is mentioned jn the first section,
may, during the existing war, vote in any such election in which they
would l)e entitled to vote if in the county or corporation of their do-
micil, at the courthouse of any county or 'corporation in the state
where they may happen to ])e on the day of said election. If-any
other election is held at the same time, the officers holding said elec-
tion shall open the poll and receiv(> the votes herein authdri.'?ed to be
polled, as prescribed by law in cases of other elections; bat if no

ELECTION LAWS. 73

Other election be then held than such at which tlie persons men- "

tioned in this section are authorized to vote, then' a poll shall be

opened by the clerk of the couhty court. Anj' such person desiring when oath to be

to vote in such election, shall mak<? oath before the clerk, or other

officer conducting- the election, that he believes he vrould be entitled

to vote therein if in the county or corporation of liis domicil ; and

thereupon his vote shall be recorded on the proper poll. "When such

polls shall be closed, the officer conducting the election shall certify

the result and the correctness of the polh at the foot thereof, and

shall transmit such poll book^ so certified, by mail, prepaying the

postage thereon, to the secretary of the commonwealth, within fifteen

days after the commencement of the election.

4. Be it further enacted, that the third section of chapter eight Codo amtnded
of the Code of Virginia (edition of eighteen hundred, and sixty), be
amended and re-enacted so as to read as follows :

"§.3. Tn case;* of elections for election districts, or senatorial or Dmy of c-nnmis-
congressional districts, tlie commissioners superintending the election tioa'
at the courthouses of the several counties or corporations forming
sucii districts, shall, witliin three days after such election is concluded,
delivefa certified statement of the result of the election in said county,
to be ascertained by comparing the polls of the ditterent votinc: places
in said county, and striking therefrom such votes as are required by
law to be stricken therefrom, to the officer conducting the election
at the courthouse of said county, or to such other officer as may
legally act for him ; which said statement shall be written in words Certificnt.-, how
and not in figures, and shall conform as near as may be to the form
of the return required to be made in case of the election of governor.
The officers conducting the election at the courthouses of the several When officers
counties, shall meet at the courthouse of the county or corporation
first named in the law prescribing such districts, which ninv not be in
the possession or power of the public en'^my, on a certain dii-y after
that appointed by law for tlie commencement of such election ; whicli
certain day, in the case of an election from a district of a delegate,
shall be tlie eighth : of a senator, shall be the twelfth, and of a repre-
sentative m congress, shall be the fifteenth after such commence-
ment. They shall compare the returns from their respective coun- Rfturus, hoiv

1 1 11 1 1 1 . 1 .1 1-1 1 compared

ties, ana shalf declare elected tae person lia\ ing tne greatest number
of votes in the whole district. If the greatest number of votes be
e(iual for two or more persons, the officers attending shall decide to
which of them they will give the certificate of election ; and if the
votes of said officers be e(pial also, they shall decide forthwith by lot
to whom such certificate shall be given. A notice, of said election Notice given
shall forthwith be given at the door of the courthoufB where the
meeting is lield. In case of special elections to supply vacancies. Special elections
the time for the meeting of the returning officers shall be earlier, if *

required in the writ of election : provided, that during the existing Certitied state-
war, in all elections for members of the house of representatives of"''" osecu-.

74 ELECTION LAWS.

^fary of common- the Confederate States, the officer conducting the election at the
courthouses of the several counties shall transmit the certified state-
ment of the result of the election ^i his county, herein above re-
quired, by mail, prepaying the postage thereon, to the secretary of
the commonwealth, within twenty days after the commencement of
such election."

Duty of secre- 5. It sliall 1)6 the duty of the secretary of the commonwealth,
•weiiith ™ " within thirtj' days from the commencement of any such election ae
is mentioned in the preceding sections, to examine the polls returned
to him as aforesaid, and certify the state of the same to the governor,
who shall declare and make proclamation of the result ; and in case
two or more candidates have an equal number of votes for the same
office, the governor shall decide by lot to whom the return shall be
given, and declare the result accordingly.

Dutiosof 8ecre- 6. Be it further enacted, that upon the receipt of any polls under
wealth '^°'^™''° the provisions of the ordinance (Xo. 99) passed December the sixth,
eighteen hundred and sixty-one, the secretary of the commonwealth
shall perform the duties required by law to be performed by the com-
missioners and officers to conduct the elections at the courthouse, or
by either of them, in the same manner he is required by law*n case
such polls had been received by him from the county or district for
which the election Vvas held : and all other proceedings shall be the
same as in such cases.

Prociciraation of 7. Be it further enacted, that it shall be the dut}^ of the governor
foVt^rssue^ *^° of the commonwealth to issue his proclamation, giving notice to the
qualified voters of the state in the'military service of the state or of
the Confederate States, or who may be absent from the county or
corporation of their residence, because of the presence of the public
enemy, of their right to vote for members of the general assembly,
by virtue of the provisions Of the first, second and fourth sections of
the ordinance passed by the convention of Virginia (No. 99) on the
sixth day of December eighteen hundred and sixty-one, and also to
all whom it may concern, of the passage of this act, and of the rights
and duties set forth in its provisions ; and it shall further 15b his duty
to request the president of the Confederate States to issue an order
to all 'commandants of camps, posts and detachments in command of
Virginia troops, requiring them to give their aid in the due execution
of the ordinance aforesai+1 and of this act.

ReguUof vote, 8. The vcsult of the votes in camps and the result of the votts of

how forwarded , . r i • ... , - .,'

persons absent trom their counties, cities or towns, by reason or the
presence of tjie enemy, shall be fm'warded by mail, when practicable,
directed to the secretary of the commonwealth, when required to be
• returned to said secretary, and directed to. the clerk of the county.

city or town, when required to be returned to the count}', city or town.
The officer conducting such elections shall so forward the result, and

ELECTION LAWS. ' 76

preserve a duplicate of the result so to be forwarded, verifted by cer-
tificates of the officer, and by uot less than two other disinterested
persons.

9. Tjjis act shall be in force from its passage. Oommencemejir

Chap. 37. — An ACT to pre.scrlbe the mode of ascertaining and certifying
Elections of Delegates and Senators during the existing war.

Passed March 24, 1863.

1. Be it enacted by the general assembly, that in all elections. Elections of f^e-

,.,..*-. T , ,. . natorordelegnle

during tlie existing war, for delegates tor any county, corporation or
election district, or for senators for any senatorial district, no part of
which is in the possession of the public enemy, in which elections
votes are authorized, by law or ordinance of convention, to be polled
in military encampments, as well as in the county, corporation or
election district, the commissioners of election, who are required by
law to meet and compare the polls and ascertain the election, shall
meet in each case at the place prescribed by law, on the thirtieth when commi.s

3 ^ ^, i i- ,1 1 ,• • 3 sioners to tncet

day irom the commencement or the election ; examine and compare
the several polls talicn in the county or corporation, and those takep
in the several encampments for delegate or senator, as the case may
be, for such county, corporation, election or senatorial district; strike
tlierefrom auj' votes which are by law directed to be stricken from
the same, and attach i,o the poll a list of the votes stricken therefrom,
and the reason therefor. The result of the election shall then be
ascertained, delivered and certified as prescribed by law, in each case
respectively.

2. So much of the lirst, second and third sections of chapter eight Coiie suBptrndcd g
of the Code of Virginia (edition of eighteen hundred and sixt}-), as

is in conflict with this act, shall be and the same is hereby suspended
so long as this act shall continue in force, which shall be during the
continuance of the present v/ar and no longer, and tiiereafter the
part of said sections hereby suspended shall be in full force.

S. This act shall be in .force from its passage. Commenccratut

Chap. 33. — An ACT to provido Representation /or the Counties where the
Courthouses are in the possession or power of the Public Enemy.

Passed March 24, 1S63.

iKBe it enacted by the general assembly, that in cases of election when distnctf:

,. . .. t' T .•.'.•,• 1, • ,1 • „ partially ill pow

districts or senatorial districts partially in the possession or power ot ei- of eneioy
the public enemy, the officers conducting the elections at the Court-

76 ^.LECTION LAWS.

houses of 'the several counties, or the persons substituted therefor by
the provisions of this act, shall meet at the courthouse of the county
or corporation first named in the law describing such district, which
may not be in the possession or power of the public enemy, and per-
form the duties required of them by the thh'd section of chapter
eight of the Code of Virginia (edition of eighteen hundred and sixty).

Vi'hen election 2. That whenever, by reason of the presence or power of the
a.?"ourthouse public enemy, no election can be held at the courthouse of any
county, it shall be lawful for the commissioners or freeholders pre-
sent, and agreeing to act as commissioners, at any regular place of
voting in said county, to appoint a conductor at such place, if nojie
be present, who shall be vested with the same powers and take the
same oath, be subject to the same penalties and perform the same
duties as now provided by law, except as they may be herein after .
Duty of officer Otherwise directed. The officer conducting the election at such places
nfn "'^ '°^ "^ '^'^'of voting shall deliver or cause to be delivered the polls, within fifteen
days after the commencement of such election, to the secretary of
the commonwealth, who, after receipt of the polls, shall perform all
the duties now required bj^ law to be performed by tlie commissioners
afthe courthouse, and, except when herein after directed to perform
the duties in person, shall appoint some one to perform the duties of
the officer conducting the election at the courthouse.

Duty of socre- 3. If the courthouse of anj' county entitled to one or more repre-

weaith sentatives in the general assembly, or all the courthouses of any

election or senatorial district, are in the possession or power of the

. public enemy, the secretary of the commonwealth, after the receipt

of the polls, shall perform all the duties of the. commissioners and

officers to conduct the elections at the courthouse or courthouses.

time within 4. When the secretarj' of the commonwealth, or any one appointed

* ptrformod ' '^ by him to perform the duties of the officer to conduct the election at

the courthouse, are required to perform any act, either separately or

conjointl}^ with others, the time in which such act is to be performed

shall be thirty da_ys after the time now fixed by law.

•>
"Commencement 5. TIlis act. shall be in forcc from its passage.

Chap. 39. — An ACT to provide for the Electioti of County Officers in

certain ca'se.s.

, Passed March 11, 1S63.

When county 1. Be it enacted by the general assemblv, that in all cases where,

prohibited from . . ^ ' • , i i

holding an eiec- <>n accouut 01 llie occupation 01 any county, city or town by the pub-
lic enemy,' or from auy cause connected therew ith, the people of such
county, city or town have heretofore '"been or liereafter may be pre-
vente'd fi'om holding elections for county or corporation officers, at

ELECTION LAWS.— COURTS. 77

the times and in the manner prescribed in section three, chapter
seven of the Code of Virginia (edition of eighteen hundred and
sixty), the county or corporation courts, as the case may he, shall, Court may order

, T , . , ^ , ". . , writ of election

as soon as such causes are removed, order writs oi election, in the
manner "prescribed in chapter seven, section twenty-two of said
Code, for filling vacancies, said elections shall be held and all pro-
ceedings relative thereto conducted in the manner and according to
the provisions provided for filling vacancies in such offices.

2. Such elections shall be for the unexpired terms of the offices Unexpired

, „,, , terms

thus niled.

3. This act shall be in force from its passage. " Cominencement

Chap. 40. — An ACT changing the times of holding the Circuit Court.s of"
the ]4th Judicial Circuit.

Passed February 13, 1663.

1. Be it enacted by the general assemblv, that an act passed March Act Pt" siarcu
third, eighteen hundred and nity-iour, be amended and re-enacted so

as to read as follows :

"The circuit courts for the fourteelith circuit shall hereafter be Terma of cour;i
holden on the following days, viz : For the county of Craig, on the
filteen^th day of March and August; for the county of Roanoke, on
the twenty-second day of March and August; for the county of
Botetourt, on the first day of April and September: for the county
of Alleghany, on the thirteenth day of April and September; for
the county of Pocahontas, on the twenty-third day of April and Sep-
tember ; for the county of Greenbrier, on the first day of May and
October ; for the county of Monroe, on the twelfth day of May and
October."

2. This act shall be in force from and after the first day of July Commcnotrcen--
next.

Chap. 41. — An ACT to enlarge the Powers of the Circuit Com-ts of the
several Counties and Corporations in cases of Attachments against Non-
residents. -

Passed February 16, 1863.

1. Be it enacted by the generaf assembly, that during the conti- Attachmenta
nuance of the present war, the circuit courts of the several counties dents
and corporations of this state, or the judge of any such court in
vacation, in all cases of proceedings by way of attachment against
non-residents, wherein slaves may be levied upon, shall have power Sale of slave*

how ordered

78 COURTS.

. to order the sale thereof, when/ljy reason of the destraction of the
jail of said county or corporation, or from other cause, said slaves
cannot, be safely kept, or when, by reason of the great expense at-
tending the support and maintenance ef said slaves, during the pen-
dency of Raid attachment, it may, in the opinion of said court, be pro-
per to order such sale.

Hew made 2. Any sale directed to be made under the foregoing section, shall

be ordered and made in accordance with the provisions of section
sixteen of chapter one hundred and fifty-one of the Code of Virginia
(edition of eighteen hundred and sixty), except that such sale may
be ordered to be made elsewhere than in the county in which said
attachment may be pending. '

c«mauencemeat o. This act shalj be in force from its passage.

Chap. 42. — An ACT to extend the time within wliich to institute Proceed-
ings for Misderrifanor.s in Counties, Cities and '.(/jwqs iu pos.session of Or
threatened by the Enemy.

Passed March 23, 18C3.

f. imitation 1. Be it enacted by the general assembly, that in such of the coun-

, tie's, cities and towns of this commonwealth as are or may hereafter
be so occupied or threatened by the public enemy, as that the courts
canjtiOt sit regularly for the trial of causes, the period between the
passage of this act and six months after the ratification of a treaty
of peace between the Confederate State? 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 institute or commence proceedings or
prosecutions against parties who may commit any misdemeanor.

Commenccmeat . 2. This act shall be in force from its passage.

Chap. 43. — An ACT to amend tlie act passed March lOch, 1862, entitled an
act to amend and re-enact an mdiuance extending; the Juri.-dictjon of the
County Courts in certaiu cuj^es, passed' by the Convention on the 26th day
of June Idol. •

Pasted March 'J3, 1853.

Act of IS62 ^^•^ it enacted by the general assembly, that the act passed March

ftmcndcd tenth, eighteen hundred and sixt}*-two, entitled an act to amend and

^ ire-enact an ordinance extending the jurisdiction of the county courts

in certnin cases, passed l>y the convention on the twenty-sixth day of

1 June eighteen hundred and sixty-one, be and the same i.s hereby

amended and' re-eji acted so as to read as follows:

COURTS. 79

" 1. Be it enacted by the general assembly, that aia ordinance Ordinaacn
passed b}' the convention on the twenty-sixtli day of June eighteen
Imndred and sixty-one, be amended and re-enacted so as to read as
fitllows : '

'When the court of any county shall fail to meet for the transac- Jnrisakiion ot

X court ii

tion of business, or the people thereof, or any of tliem, shall be pre-
vented from attending thereupim by reason of the public enemy, the
court of the county next, thereto, where such obstruction does not
exist, and the clerk thereof, or the circuit court o/ the cit}' of Kich-
mond, and the clerk thereof, shall have jurisdiction of all matters,
and authority to do and perform all acts which, as the law now is,
are referable to the court or to the clerk of the county so obstructed:
provided, however, that the authorit}' to admit to record the writings
mentioned in the fifth and sixth sections of chapter one hundred and
eighteen of the Code of Virginia, shall by this act be extended only
to the circuit court of the city of Eichmond, and the clerk thereof:
and further, that such admission to record shall be invalid unless
such writing shall be duly admitted to record, according to tlie laws
of this commonwealth in force prior to the twenty-sixth June eiglitetn
hundred and sixty-one, within twelve months after the ratification
of a treaty of peace between the United States and the Confederate
States of America.'

"2. No tax shall be chargecP on the admission to record of any where ho tax to

, ..., .. c-r-.-, -1 be charged

such wntmg m the circuit court oi Kichmond.

"3. It shall be the duty of the clerk of the circuit court of the Duty of ci..-rk
city of Richmond, whenever the said clerk has notice, on the face of
any such writing or otherwise, in what county or ^rporation said
writing ouglit to be recorded, within twelve months after a treaty of
peace between the United States and the Confederate States, to trans-
mit for recordiition a copy of such writing to the clerk of the court
of the county or corporation in which such writing should be recorded,
acclnding to the laws of this commonwealth in force prior to the
twenty-sixth day of June eighteen hundred and sixty-one; and in Penalty for fafl-
case of the failure of the clerk of the.said circuit court to perform ""
the duty herein required of him, he may, upon motion of any party
injured by such failure, after ten days' previous notice, be fined by ,
said circuit court not less than ten dollars nor more than one hundred
dollars for every such failure ; to be paid to the party injured. It Pees and {toHt-
fihall be lawful for the clerk of said circuit court to charge a fee
for such copy of "said writing so transmitted, and the postages al-
lowed by section ten of chapter one hundred and eighty-four of the
Code of Virginia (edition of eighteen hundred and sixty) ; which
fees and postages shall be collected as other clerks' fees.

" 4. This act shall be in force from its passage." Comai«ncenJen»

80 COURTS. JAILOKS' FEES.

Chap. 44. — An ACT authorizing the Comt of Appeals to hold its Sessioivi
at other places than Lewisburg.

Passed March 12, 1863.

Phtp«fv:rh</idH!g 1. Be it enacted by the general assembly, that the annual sessions
fh^mgod ' : f>f the si^ireme court of appeals, provided by law to be held at Lew-
isbnrg ill the county of Greenbrier, may, during the continuance of
the present war with the United States, be. held at such other place
on the western side of the Blue Ridge of mountains a»the said court,
or a majority of the judges thereof in vacation, may from time to
Notice to be giv- time direct and appoint ; of which removal due notice shall be given,
by publication thereof in one or more of the newspapers printed in
the city of Richmond : and alllaws now in force applicable to .the
said court when its sessions are held at Lewigburg, shall apply in
like manner to said court and its sessions when held at any other
place, under the provisions of this act.

Reiaovai of li- 2. The Said cf'Urt, or a majority of the judges thereof in vacation,
(•ordH ^ luay order the removal of the library and the records of said court at
Lewisburg to such place as the said court may, under the provisions
of this act, appoint for it,s sessions ; and a sum not exceeding one
thousand dollars is hereb}' appropriated for the purposes of such re-
moval ; to be paid upon the order of such court, out of any moneys

in the treasury not otherwise appropriated.

Commeneemeut 3. This act shall- be in force fntm its passage.

Chap. 45. — An ACT to amen3 and re-enact the 1st section of an act entitled
an act to increase Jailors' Fees for keeping and supporting Prisoners,
passed September 24, 1862.

Passed March 17, 1863.

Act of 1862 1. Be it enacted by the general assembly, that the first section of

the act entitled an act to increase jailors' fees for keeping and sup-
porting prisoners, pass.ed September twenty-faurth, eighteen hundred
and sixty-two, be amended and re-enacted so as to read as follows :

.jaUorB'fees " § 1- Jailors shall hereafter be allowed one dollar per day for

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
Power of courts in jail : provided, that the county and corporation courts of the com-
monwealth may establish, in their discretion, a difl"erent rate, not lesff
than thirty-five cents nor more than one dollar and twenty-five cents
' per diem."

Coaamencement 2. This act shall be in force from its passage.

FIDUCIARIES. / 81

Chap. 46. — An ACT authorizing; Fiduciaries to invest Funds in thexv hands -
in certain cases, and for other purp:>.ies.

Pa?.?.fd aiarch 5, 1863.

1. Be it enacted by the general assembly, that whetiever any guar- WT-,*n {i.iuo: uy

, . . 1 /> 1 • in a>' invest

dian, curator, committee, executor, administrator or other nduciaiy famin
or trustee may havQ in his hands moneys received in the due exer-
cise of his trust, belonging to the estate or trust fund held by him a.s
fiduciary or trustee, which moneys any' such fiduciary or trustee may,
from the nature of his trust, or for any cause whatever, be un?ble to
pay over to the cestuis que trust or parties entitled thereto, it shall
be lawful for such fiduciary or trustee to apply, l)y motion or petition,
to any judge of a circuit court in vacation, for Leave to invest the
whole or any part of such moneys in interest bearing bonds or certi- in what fuuoh
ficates of the Confederate States or of the state of Virginia, or any ""' ^
other sufficient bonds or securities of or within the said state; and
the said judge may, in his discretion, grant su^^h leave. The bonds,
when practicable, shall be taken in the name of such fiduciary or
trustee, in his fiduciary character : and whenever i*uoh iuvL.stment
shall be made, such fiduciary or trustee shall be released from respon-
sibility for the moneys thus invested; but it shall be his duty to pre-
serve the bonds thus taken, and to exercise due diligence in collect-
ing the interest accruing thereon, and in making a proper applicatiou
thereof: provided, that nothing herein contained shall auihorize said
fiduciary or fiduciaries to change the character of an existing inveet-
ment, nor sfby investment made under the provisions of this law,
until authorized by the decree of a circuit court of competent juris-
diction : and provided further, that tihe provisions of t\n- foregoing
section shall not be so construed as to interfere with the powers uow
exercised by courts of chancery over the subject.

2. Be it further enacted, that whenever any fiduciary or fiducia- as to joint fia-a
ries, trustee or trustees, residing in this 8tat«, have been or may be ^*""™^
authorized to exercise any power or to do any act jointly with one or

more fiduciaries, trustee or trustees, residing within the limits of the
Utiited States, it shall be lawful for the fiduciary or fiduciaries, trus-
tee or trustees, residing in this state, to exercise any such power or
to do any such act without the concurrence of the non-resident fidu-
ciary or fiduciaries, trustee or trustees; and the act of the resident
fiduciary or fiduciaries, trustee or trustees, shall have the same foro<?
and effect, to all intents and purposes, as if it had been the joint act
of all such fiduciaries or trustees,

3. This act shall be in force from its passage, and continue in Oommotioomeiitt
force until the expiration of six months after the ratification of a *° '''°'^' "" ^
treaty of peae^ between the. Confederate States and the United

States.

VJCP.

82 • FIDUCIARIES. BANKS.

Chap. 47. — An ACT to provide against the Forfeiture of Compeusation to
Fiduciaries in certain cases.

Passed Marci 11, 1863.

v.biit aiioivfcci 1. . Be it enacted by the general assembly, that when a compliance,
b! in'mta^yTe'? OH the part of any fiduciary, with the seventh section of chapter one
hundred and thirty-two of the €ode of Virginia, has been or shall be,
during the present war, prevented by the occupation or invasion of a
county by tlie public enemy ; the absence of the commissioner autho-
rized to settle the accounts of such fiduciary ; the employment of such
fiduciary in the militar}^ service of this state or of the Confederate
States, or by any other cause growing out of the present war, render-
ing such compliance impracticable, such fiduciary shall not, for such
/ failure, forfeit a compensation for his services: provided such fidu-
ciary shall, within six months after the removal of such- cause of
failure, exhibit before the proper commissioner the statement and
vouchers mentioned in said section.

OoiniEoncpiEciit 2. This act shall be in force from its passage.

CnAP. 48. — Au ACT anthorizing the Banks of the Commonwealth, during
the existing war, to convert Confederate Treasury Notes in their possession
into other obligations of ihe Confederate States.

Pasted March 24, 1863.

Cofie amended 1- Be it enacted by the gf^ieral assembh", that the thirty-third
section of the fifty-eiglith chapter of the Cotle of Virginia (edition of
eighteen hundred and sixty) be amended and re-enacted so as to
read as follows :

When bajitv may "§ 33. Any bank authorized to carry on business as a bank of
lo.-mmoEey circulation, deposit and discount, may loan money for a period not
exceeding six months, a,nd discount any bill of exchange, promissory
note or other negotiable paper for the payment of money, which will
be payable within six months from the time of discounting the same.
whtkt. interoBt A bank may take interest on its loans and discounts at the rate of
b^>n)c may-take Qng.]^{^if of one per centum for thirty days, and the interest may be
LoaoB.bow i-e-^ received in advance. Each bank shall so regulate its loans and dis-
^^^*^''^ counts that they shall not exceed twice the amount of the capital

p.-. viflo ae to actually paid in: provided, however, that during the' existing war,
trcHHiuy notes ^^^^j ^^^^^jj ^j^ months after the ratification of a treaty of peace be-
tween the Confederate States and the United States, any bank may
• convert the treasury note$ and other evidences of debt of the. Con-
federate; States into the notes or obligations of said Confederate
States, to an amount not exceeding the amount of its capital stock,
in addition to its otlier loans and discounts in this section auihorized,
and to treat the same as part of it3 loans and discounts : and pro-

BANKS. S3

vided further, that said banks shall be authorized to convert only the
treasury notes of the Confederate States, issued and dated prior to
the* first of April eighteen hundred and sixty-three."

2. This act shall be in force from its passage. - Comm^cceMent

Chap. 49.— 'An ACT to amend and re-enact section I, chapter 57, of an act
passed March 1, J 861, entitled an act ibr the Relief of the Banks of this"
Commonwealth.

Pai^secl March 18, 1863.

1. Be it enacted by the general assembl3% that the first section of Act .-: i86i
the act entitled an act to amend and re-enact section first, chapter
fifty-seven of the Acts of eighteen hundred and sixty-one, be amended

and re.-enacted so as to read as follows :

" § 1. Be it enacted by the general assembly, that so much of all Faifeiture of
'or any acts as now may subject any bank or banking corporation peuded ^"'^
incorporated by the laws of this commonv/ealth, now in operation, or
which may be put in operation whilst this act is in force, lo the for-
feiture of its charter, or to any other penalty, for failing or refusing
to pay or redeem its notes or debts in specie, shall be and the same
are hereby suspended until the first day of March eighteen hundred
and sixty-thvee, and until otherwise provided by the general assembly
of Virginia : and if any such bank or banking corporation, shall have
forfeited its charter by failing or refusing to pay in specie any notes
or other debts due from such bank, the forfeiture thereby incurred
shall be remitted, and the charter of such bank, with all the rigiits uharti-r in force
and pov.'ers thereby conferred, except such portious thereof as are
herein before suspended, shall be and the saine is hereby declared to
be in full force and eifect, to all intents and purposes : provided, that Proviso
nothing herein contained shall be so construed as to prevent the re-
covery of the amount of any note or debt due from any sucH bank,
with legal interest thereon, in the mode prescribed by law."

2. This act shall be in force from its passage. Coaameacfment

Chap. HO. — An .4.CT authorizint;; the Branch of the Exchange Bank of Vir-
ginia at Richmond to declare a Dividend.

Passed February 28, 18G3.

1. Be it enacted by the general assembly, that so long as the Ex- Bank at mdii-
change Bank of Virginia at Norfolk shall remain within the lines of 2°°^*^^*^ *'**'*'"''
the public enemy, it shall be lawful and the duty of the branch of
said bank at Richmond to declare dividends of profit at the same

BANKS.

Contrihu'i'i'
JVom other
baakn, how
monded

times and to the game extent, and in the same manner the parent
bank might do, if situated within our own lines. When such divi-
dend shall be declared, it shall be lawful and the duty of said branch
l>ank to demand contribtition from the other branches of said bank,
in the same manner the parent bank might do, to make payment
thereof; and upon satisfactory evidence being furnished of the names
of persons holding f hares, and the amount so held, to pay the divi-
dend, the tax thereon, and the bonus on the capital stock of said
bank, within the time and in the manner the parent banlc would be
required to do, if a dividend had been declared by said parent bank.
The said branch bank may at any time declare a dividend for the
six months ending on the first day of December last, in pursuance of
this act.

ComineGcement 2. This act shall be in force from its pa.-<sage.

Act of lees

araonded

When loyal
stockholdor
demand Ira;

Chap. 51. — An ACT amending and re-enacting the 5th and 6th section.? of
the net pa-ssed March 13. l-^tvi, entitled an act to convert the Novthwest-
orn Bauk of Virginia at JefF(;r.son%ulle into a. separate and independent
Bftnjk.

Paitsed March 11, 1863.

1. Be it enacted by the general assembly, tliat the fifth and sixth
sections of the act passed March thirteenth, eighteen hundred and
sixty-two, entitled an act to convert the branch of the Northwestern
Bank of Virginia at JefFersonville into a separate and independent
bauk, be amended and re-enacted so as to read as follows :

" § ,5. At any time within three months from the passage of this
isfer «ct, any loyal holder of stock in the Northwestern Bank of Virginia,
whose stock in said bank was purchased through said branch, or
whose dividends have usually heretofore been credited to him at said
branch, may return and asi^ign to the said Graziers Bank of Vir-
ginia !«uch stock, and demand and receive in lieu thereof a certificate
for a like number of shares of stuck in said Graziers Bank of Vir-
ginia: provided, however, that if before the first day of July eigliteen
hundred and sixty-three, satisfactory reasons shall be shown to the
board of directors of the Graziers Bank for the failure of 'any such
stockholder..to avail himself of the benefits of the foregoing provision,
the said board shall certify such reasons, with their opinion on the
same, to the governor.

"Certificat^H of
stook, bow re-
turned and a-s-
. Ki(rned

" § G. As soon as may be aftcn* the expiration of the said three
months from the passage of this act, tlie governor of the state 8*liall
cause certificates of the stock held by the state in the said North-
western Bank of Virginia, for an amount equal to the balance of the
capital stock of said branch, not exchanged under the previous soo-

BANKS.— INTERNAL IMPROVEMENTS. 85

tion, to be in like manner returned and assigned to said Graziers
Bank of Virginia, for a like number of shares of the stock thereof:
provided, however, that on the ceriificate authorized in the preceding
section being received by the governor, it shall be his duty to trans-
fer to tlie stockholder to whom the same shall be given, out of the
stock herein directed to be transferred to the state, a quantity there-
of equal to the amount hnld by such stockholder in the Northwestern
Bank, together with any dividends thereon which may have accrued
to the irtate under the si5:th section of said act."

2. This act shall be in force from its passage. ComraFnc<fnioiit

Ch.ap. 52. — An ACT authorizing the Sale of the Roanoke Valley Sail Road.
Passed Abruary 13, 1863.

1. Be it enacted by the genera! assembly, that the Roanoke valley Power :o seii
yail road company shall have power to sell at public auction, to the

highest bidder, their road, together with all their proi)erty of every
sort and description: provided, that a notice of sixty days of 'said Notice of sale •
sale shall be published in one or more of the Richmond papers:
provided further, that' said sale shall be subject to the approval of Sale subject to
the board^of public works, to a majority of the stockholders, and hcird of pnWi*
that the proceeds of said sale shall be sufficient to pay all the debts ^^""^ *
<of said company ; and the purchasers under this act shall have and
fpnjoy all the rights, privileges and immunities which the said Roanoke
valley rail road company had under its charter, and the acts amen-
datory thereof: provided, however, that the purchasers «nd«r this Proviso-
act shall give guarantees, satisfactory to the board of public works,
that the use of said road shall be continued as heretofore : provided
further, that the sale hereby authorized shall not be valid, if, on or
ijefore the day of sale, a majorit}- of the mortgage creditors- of said
■company, whose claims are not due, shall ^bject to sueh sale — such
objection, if mad«, to be signified in writing to the president of the
tsompuny : and provided also, tliat a mnjority of the holders of the
mortgaged bonds of said corporation shall give their assent in wri-
ting to the inaking of sucli sale.

2. Be it further enacted, that out of the proceeds of snch sale the Proceeds of Haie
«3€bt of said company shall first be paid, and then shall be paid to

the state of Virginia the preferred stock held by said state in said
«oompany ; and what remains of the proceeds of said sale shall be
divided ratably among the stockholders of said Roanoke valley rail
foad company.

■3. This act shall be in force from its passage. Commencemeut

86 INTERNAL IMPROVEMENTS. DISTILLATIOIS",

Chap. 53. — An ACT to convert into Stock, to be held by the State, the In-
terest in arrear, dueby the South Side Eail Road Company to the State.

Passed March S5, 1863.

Awov.Dt of in.tt- 1. Be it enacted by the g^eneral asseml)]y, that under the stiperin-
ver'tedi'Ti'to stock teiidence of thc board of public ,works, the Avhole amount of the
interest in aj'rear from the South Side rail road company to the com-
nionwealth of Virginia, to wit, the sum of one hundred and ninety-
six thonsaiid dollars, be converted into stock, to be held by the state
as o'v^ner of so much stock in the said rail road, in conformity with
the resolution of the stockholders in said rail road, adopted by them
on December third, eighteen hundred and sixty-two, in general meet-
Proviso ing assembled on that day in the city of, Petersburg : provided, that

the said one hundred and ninety- six thousand dollars shall be a pre-
ferred stuck, and six per centum thereon shall be paid into the trea-
sury of the commonwealth, whenevq^ any dividend shall be declared
■ by the company : and provided further, that the amount of interest
hereby authorized to fie converted into preferred stock shall be appro-
priated exclusively to the construction of the new line of road near
Farmville, 'as provided by the act passed the twenty-sixth day of
January, eighteen hundred and sixty-two, for that purpose : and pro-
vided further, that this act shall not continue to be in eflect, unless
the -construction of the new line referred to is commenced within one
year and completed in three years from the passage of thTs act; and
upon a failure* to complete the same as aforesaid, the sum hereby
appropriated, with interest, shall be paid into the treasury by said
company.

t'ommi^ncenieiit ■ 2. ^Tbis act slial! be in force from its passage.

Chap. 54. — An ACT to amend and re-enact nn act entitled an act to amend
and re-enact an act entitled au act to prevent the unnecessary Consump-
tion of Grain by Distillers and other Manufacturers of Spirituous and Malt
Liquor.s, pa.=sed Uctober 2, 18fi"2.

• Passed March 11, 1B63.

Act. of 1862 1. Be it enacted by the general assembly, that the first section of

amended . n-ii-^,., ,-i-i

• an act passed on tlie second day oi October eighteen hundred and
sixty-two, 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, be amended and
re-enacted so as to read as follows :

iji.stiiiaiioii )>r(i- "§ 1. It sliall not be lawful for any person hereafter to make or

hibited , , ... , . . , ,.

cause to l)e made any whiskey, or otner spirituous or malt liquors,
out of any corn, wheat, rye or other grain, or out of potatoes, sugar,
molasses, sugar cane, molasses cane or sorghum; and any person so

DISTILLATION. * 87

offending ehall be deemed guilty of a misdemeanor ; and upon con- Pucsaues
viction thereof, shall be fined for every oifence not less than one
hundred dollars nor more than five thousand dollars, and be subject
to imprisonment in the county jail not exceeding twelve months, at
the discretion of the court: provided, that this act shall not be so provuo
construed as to impair the obligation of any existing contract legally
entered into under the existing laws, or any rights growing out of any
such contract : but this proviso shall not be construed to refer to any
other contracts than those made directly with the C(jn federate autho-
rities, under the provisions of the .laM' of October eighteen linndred
and sixty-two." ,. •

2. This act shall be in force front its iiassage. Corn.i;.>iictuieiit

i^'iLiP. 55. — An ACT to repeal the act passrJ Octol>cr Jst, 13u2, entitled an
act leg;aliziagfthe Manufacture of Alcohol.

Passed March 11, lS(i:<. . ■

1. Be it enacted by the general assembly, that the act passed Act.(.t>'«
«)ctober first, eighteen hundred and sixty-two, entitled an act k- "''^'*^'
galizing the manufacture of alcohol, be and the same is liereliy
repealed.

, 2. This act shall be in force from its passage. . Comc:tii(xu!i;i!f

(Jhap. 56. — An ACT tor the Kelief of C(H"taiii persons oncca^pi! in tlic
Distillation of Fruit.

Passed Slarch S8, 1863.

1. Be it enacted by the general assembl}', that any person who \v\i<-n ^.trn^m
has iieretofore paid the tax.and the penalty imposed by the thirty- '^^^ ^^^^^'"^
tiiirJ si-ction of an act passed the twenty-seventh of March eighteen
Jiundred and sixty-two, or by an act pasi^ed the second of October
eighteen hundred and sixty-two, amending and re-enactirrg said sec-
tion, may apjn-ar before the court of his county or corporation, and
make oath that he fdiiod to obtain license lor the distillation of fruit,
only through ignora.nce or misapprehension of the lavv". Said person
shall ihereupon be examitied on oath by the attorney for the com-
monwealth ; and if the cnnrt be satisfied that the failure to obtain when court sa-
license was for the cause alleged, and not with intent to defraud the Jre" '*'' ° *''
commonwealth, the court shall order the clerk to give tb said person
a certificate to tliiit effect; and whenever such certificate shall be Auditor to issue
presented to tiie audilnr of pubiie accounts, witlt siitisfaet'.jiy prooT
of the payment of the tax and pcna'ty into the treasury, the auditor
shall issue his warrant on the treasury, payable out of any money

■f^S OATH TO SUPPORT USURPED GOVERNMENT.

tjiorein not otherwise .ippropriated, in favor of said person for a sum
f ipial to the penalty, minus the coramissione of the sheriff: and upon
a liivc certificat'C and proof that any person has in like manner satis-
tl'.'d the court of his county or corporation that he hag heretofore
)i!iid the tax imposed by either of said acts, and that he has distilled
spirits from fruit only for his own use, and has not distilled more than
thirty- three gallon?, the auditor shall issue his warrant, payable in
like tiiauner, in iavor of said person, for a sum equal to the fas paid
by him, less the expenses of collection.

f'j'T of Bh^rif? . 2. That upon a like certificate, it shall be the duty of the sherifl'
of any county or corporation to release from payment of the penalty
imposed by either of said acts, any person heretofore engaged in
distilling ardent spirits from fruit without license therefor ; but such
person shall paj" the tax imposed by said acts prior to his release
from said penalty ; and the said certificate shall serve as a voucher
for the sheriff in his settlement with the auditor.

Aiur--ry to iH- ,3. That in every case the said certificate of the court shall state
that the attorney tor the commonwealth defended the case, and shall
be autheiiiicated by the seal of the county or corporation.

<v.iriraer.ccineiit 4. This act shuH be in force from its passage.

Chap. 57. — An ACT couccniing Officers of th<.' State vviio» have taken an
Oatli to support ;iu Usurped Government within the limits of this State.

Passc-a March 26. 1863.

What, when l.^Be it enacted by the general assembly, that any ofiicer who has

(•ath tftken by , , , i t ■ t t , , <- , •

ofSr.er been regularly elected or appointed according to the laws of this

; state, who has, since the seventeenth day of April eighteen hundred
•and sixty-one, or who shall hereafter, voluntarily take an oath or
aiEruiation to support any usurped government established or at-
tempted to be established within the limits of this state, and who
acts in such office, claiming to act under such usurped government,
shall be. held to be an officer nuder such usurped government, and to
Acts void hav.e vacated his oflice under this state, and all his acts thereafter

To whom act shall be absolutelv null and void. This section shall also be held to

£.iBO to apply ,.,-,.. , T

upply to judges of the circuit courts, and to county and corporation
courts coraposeS, in whole or in part, of justices who may have been
justices on the seventeenth day of April eighteen hundred and sixty-
one, and who may have held courts under the authority of such
usurped goverunient, or otherwise may have recognized or acted
under the authority of such usurped government, and shall have
taken an oath or affirmation to support the same.

Oathor affirma- 2. An oath or affirmation taken before any person to support any
each usurped government, whether the person administering it be

CHARTERED COMPANIES. LUNATIC ASYLUM, x 89

authorized to adniinistei- an oath or not, shall be held to be an oath,
within the meaning and intention of this act, and within th^ mean-
ing and intention of aii) other act in which such oath nay be brought
in question.

3. No record evidence of the election, appointment or qualifica- Record evidenc*

1 ,, I -3 not reqnired

tjon of any officer under such usurped government shall be re<iuirea,
"but the person's acting in the capacity of an officer, claiming to act
under such government, shall be sufficient to establish Lis official
character.

4. This act shall be in force from its passage. , Comnierie<>raent

Chap. 58. — An ACT to authorize the trausfer and issue of new Certificates
of Stock in Chartered Companies in certain cases.

I'assed March 20, 1863.

1. Be it enacted by the general assembly, that whenever any wheu propenj

.• ».. -, 11,1 3111 ^o''! ''"'' seqn(i>-

shares oi stock ni a chartered comj)any shall be sequestered and sold tered

under an order or decree of a district court of the Confederate States,

as the property of an alien enemy, the proper officers of such com-^

pany shall, upon application of the receiver making the sale, assign

or transfer the same to the purchaser on the books of the company, *

without requiring the production of the certificate for such shares,

and shall issue new certificates of stock to such purchaser.

2. Be it further enacted, that whenever a certificate of stock in New crtiflcatK,
any chartered company belonging to a loyal citizen of the Confede-
rate States, shall l)e beyond his control by reason of the public ene-
my, upon the production of proper evidence to the board of directors

of the corapanj', of the ownership of such stock, a new certificate

therefor shall issue to the owner, and the old certificate annulled by Old ecrtificat-c

an order of, the said board entered on the records of the company.

3. This act shall be in force from its passage. CoEniBencornen*

Chap. .59. — An* ACT making an Appropriation for the Central Lunatic

Asylum.

Passed March 6, 1863.

1. Be it enacted by the general assembly, that the auditor of pub- Amount appro-
lie accounts be and he is hereby authorized and directed to i isue his
warrant on the treasury, payable out of any money therein not otiier-
wise appropriated, for the sura of sixty-five thousand dollars, for
the support of the Central lunatic asylum at Staunton, for the fiscal
year ending the thirtieth Sep'tember eighteen hundred and sixty-

90 LUNATIC ASYLUM. — FENCE LAW.

three. Said amount, or any part thereof, to be paid upon the order
of the board of directors of said institution, and to be in addition to
the amount received from the pay patient fund.

Commeacoment 2. This act shall be in force from its passage.

A^'t of 1862
amended

Virnt si'Ction
amended

Chap. 60. — An ACT arneuding and re-enacting the 1st and 2d sections of
an act entitled an act to repeal the Fence Lav,' of Virginia as to certain
Counties, and to authorize the County Courts to dispense with Enclosures
in other Counties, pas.sed October 3d, 1862, and to legalize the Action of-
County Courts held under .^aid Law.

. Passed February 13, 186.'!.

1. Be it enacted by the general assembly, that the first and second
sections of an act entitled an act to repefil the fence law of Virginia
as to certain counties, and to authorize the county courts to dispense
with enclosures in other counties, pat^sed October third, eighteen
hundred and sixty-two, be amended and re-enacted so as to read as
follows :

" § 1. Be it therefore enacted by the general ar'serably of Virginia,
that the first section of the ninety- ninth chapter of the Code of Vir-
ginia, so far as it applies to the counties of Hanover, Henrico, York,
• Warwick, Elizabeth City, Alexandria, Fauquier, Stafford and King

George, be and the same is hereby repealed.

Second section " § 2. Be it further enacted, that the county courts of the counties
p^w/of courts "^f Augusta, Frederick, Clarke, Warren, Culpeper, Rappahannock,
Norfolk, Princess Anne, Mercer, Shenandoah, Page, Frince William,
Spotsylvania, Hampshire, Berkeley, Caroline, Rockingham, Rich-
mond, W^estmoreland, Loudoun, Jefferson, Orange, Essex, King &
Queen, Goochland, Giles, Bland, Fairfax, Greenbrier, New Kent,
Charles City, James City, Prince George and Nansemond shall have
power, all the justices having been summoned, and a majority there-
of being present, to dispense with the existing laws iu regard to en-
closures, so far as their respective counties may be concerned, „or
such parts thereof, to be described by metes and bounds, as in their
discretion they maj^ deesn it expedient to exempt from the operation
of such law."

Airtiouof cuuuty
•K-nrfs legalized

2. Be it further enacted, that in case the county (courts of any of
the counties specified in the foregoing section shall have takcn.action
in pursuance of the provisions of the act passed the third day of Oc-
tober eighteen hundred and sixty-two, entitled an aet to repeal the
fence law of Virginia as to certain counties, and to authorize the
count}'^ courts to dispense with enclosures in other counties, since the
passage thereof, such action is herelty legalized and made valid to
the same extent as it would be, had such counties been specifically
included in the second section of said. act.

♦t'ominencemem 3. This act shall be in force from its passage.

WAEEHOUSE. — FLOUR. 91

Chap. 61. — An ACT .to establish an Inspection of Tobacco at Kcen'.s Ware-
house in the Town of Danville.

VaaaoA March 10, 186.'?.

' 1. Be it enacted by the general assembly, that an inspection of Warehoua*' oa-
tobacco be and the same is hereby established at a warehouse to be
located on Loyal and Lynn streets in the town of Danville, and
called "• Keen's Warehouse," agreeably to the provisions of chapter
eighty-seven of the Code of Virginia (edition of eighteen hundred
and sixty).

2. This act shall be in force from its passage. Commcjic^ment

Chap. 62. — An ACT to provide for an Inspection of Flour in the Town of

D.nnvillo.

Passed March 11, 1863.

1. Be it enacted by the general assembly, that an inspection of To authorise iu
flour be and the same is hereby .authorized to 'be established in and ^p^'^'"''" °' *^'^'
for the town of Danville, under such regulations as shall be pre-
scribed by the ordinances of said town, and subject ta the provisions

of chapter eighty-eight of the Code of Virginia (edition of eighteen *

hundred and sixty).

2. This act shall be in force from its passage. , Commencemeue

PRIVATE OR LOCAL ACTS.

Chap. 63. — An ACT to incorporate tlio Farmville Insurance Company.
Passed March 3, 1863.

1. Be it enacted by the general assembly of Virginia, that James? Coccpauy incat
W. Dunnington, Howell E. Warren, Frank. N. Watkins, Clement C. '°.'^'* ^'^
Kead, James L. Hubard, Nerval Cobb, Stephen 0. Soathall, Richard
Mclhvaine, Christopher C. Lockett, Archibald Vaughan, and othen*

who may associate under, this act, not less than twenty", arc hereby
created and declared to be a body politic and corporate, by the name
and style of The Farmville Insurance Company ; and by that name
may sue and be sued, plead and be impleaded in all the courts of law
and equity in this state and elsewl^ere ; and to make and have a com-
mon seal, and the same to l)reak, alter or renew at their pleasure ; to
ordain and establish such by-laws, ordinances and regulations, and
generally to do every act and thing necessary tocarry iuto effect this
act, or to promote the object and design of this corporation: pro-
vided, that such by-laws, ordinances, regulations or acts be not incon-
sistent with the laws of this state or of the Confederate States.

2. ■ To make insurance upon dwellings, houses, stores, and all other inauraucc hjw
kind of buildings, either in town or country, and upon household fur- niade'
niture, merchandise and other property, against loss- or damage by

fire; to make insurance upon lives; to cause themselves to be rein-
sured, when deemed expedient, against any risk or risks upon which
they have made or may make insurance ; to grant annuities ; to re-
ceive endowments; to contract for reversionary payments; to gua-
rantee the payment of promissory notes, bills of exchange or other
evidences of debt ; to make insurance upcn vessels, freights, goods,
wares, merch-andise, specie, bullion, profits, commissions, bank notes,
bottomry and respondentia interests, and to make all and every in- .

surance connected with marine risks and risks of transportation and
navigation.

3. To receive money on deposit and grant certificates therefor, in Money reoi^aa
accordance with the conditions set forth in sections four and five,*"* *^'*""
chapter fifty-nine of the Code of Virginia; but in no ca,ge are such

deposits or the certificates therefor to be held liable to make good
any poKcy of insurance issued by this company.

4. The funds of this company, however derived, may be invested iiiv€8tm«ia«(i,

t J , 1 1 1 • .^ how tcade

m or loaued on any stock or real or personal security.

94 INSURANCE COMPANIES.

Capital stock 5. The capital stock of said company shall be not less than twenty

^ thousand dollars nov more than four hundred thousand dollars, to be

How payable divided into shares of fifty dollars each. 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 proportions
As they may deem necessary; and if any subscriber shall fail to pay
the same so called for, upon each and every share so held, within
twenty days after the same has been so called for and demanded,
then the amount so called for may be recovered by motion, upon
twenty days' notice in writing, in any court of' record i)i the county
or place of residence of the holder of stock.

Affairs of t'.orc- * 6. The affaivs of said company shall be managed by a president
»!agt-d '""•™"" and board of directors, nine in number, five of whom shall constitute
a quorum. Said directors shall be elected by ballot from among the
stockholders of said company, in genei'al meeting assembled, by a
majority of the votes of said stockholders present in person or by
prosj', according to a scale of voting to be hereafter prescribed ; and
. . the directors thus chosen at their first meeting, shall choose from
amongst themselves or the stockholders at large, a president, and
allow him a reasonable compensation for his services : the said presi-
dent and directors to continue in oflice one year, or until their suc-
cessors are appointed. In case of a vacancy in the office of presi-
dent or directors from any cause, the remaining directors may elect
others to supply their places for the remainder of the term for which
they Avere chosen.

Officers, how ap- 7. The president and directors of said company shall appoint a
secretary and such otiier clerks and officers as they may find neces-
sary for the proper conducting of the business of the company, and
shall allow them suitable compensation for their services : all of
which officers shall hold their places during the pleasure of the board
of directors; and the said officers so appointed shall not, by reason
of their being stockholders in said company, be incapacitated from
giving evidence in any. suit to' which said company may be a party,
unless said officers have other personal interest in said suit, or unless ,
they shall own stock to the amount of fft"ty shares.'

Aitfntt 8. The president and directors shall have power to appoint agents

in any part of this state or elsewhere ; and it shall be the duty of
said president and directors to appoint such agents in any city of
county in this state, when requested so to do by not less than ten
stockholders, residents of such city or county, holding not less than
one hundred shares of stock; such agents being repiovable at the
pleasure of ..the president and directors.

sii-.ivic of voting 9. The scale of voting at all meetings of said company s^all be,
one vote for each share of stock not exceeding twenty : one vote for
every two shares exceeding twenty and not exceeding two hundred ;
one vote for every four shares exceeding two hundred; and every

INSURANCE COMPANIES. 95

ptockholder not in debt to the company may, at pleasure, by power
of attorney or in person, assign and transfer his stock in the com-
jmny, on the books of the same, or any part thereof, not being less
than a whole share ; but no ^ockholder indebted to the company shall
be permitted to make a transfer or receive a dividend until such debt
is paid or s'ecured to the satisfaction of the board of directors.

10. The president and directors shall have power to declare such DivicUuds. how
dividends of the profits of the company as they may deem proper:
provided, that no dividend shall be declared, when, in the opinion of

a majority of the board, the capital stock would be impaired thereby.
They shall also make and publish at the end of every year, except
that in which the company goes into operation, a report showing the
condition of the company in regard to its business for the current
year.

11. The members of the company shall not be liable for any loss,
damage or responsibility other tliau the property they have in the
capital of the company, "to the amount of the shares respectively
held by them, and any profits arising thereupon and not divided.

12. The persons named in the first section shall be commissioners, sto^khoWe-s
whose duty it shall be, within six months after the passage of this "^ f-F<'=^-
act, at some suitable place in the town of Farmville, and elsewhere in
Virginia, to open books to receive subscriptions to the capital stock

of said corporation; and five days' notice shall be given by said com-
missioners of the time and place of opening said books, in the'news-
papers published in the city of Richmond; which books shall not be
closed in less than twent-y days from the time of opening. The said
commissioners shall give a like notice for a meeting of the stock-
holders to choose directors ; and they shall supervise the first election
of said officers, and shall deliver over to them, when so elected, any
property belonging to the corporation that may have come into their
hands.

13. Nothing in this act shall be so construed as to authorize said Restncnoa
company to issue and put into circulation any note in the nature of a

bank note. ,

■ 14. This act shall be in force from its passage, and subject to Comme.i;cetr..->n«
.modification, amendment or repeal, at the. pleasure of the general
assembly.

Chap. 64. — An ACT incorporating the Insurance and Savings Society of

Feteisbui-o;.

Passed March 10, 1863.

1. Be it enacted by the general assembly of Virginia,, that Reuben company inc
Ilagiand, Nathaniel F. Rives, David B. Dugger, Charles H. Cuth- p"'^**^

96 INSURANCE COMPANIES.

bert, Robert W. Brodriax, Thomas A. Proctor, John D. Ragland,
James Chieves?, Edmund H. 0^»bo^ne, Philip H. Taylor, J. Herbert
Claiborne, Robert Y. Jones, Thomas R. Moore and Alexander C.
Harrison, a.nd their associates and successors, who may hereafter be-
come subscribers or stockiiolders, be and they are hereby constftnted
and made a body politic and corporate, under the name and style of
PriffUegM of the The City Insurance and Savings Society of Petersburg; and by that

c->Djj>ftnv 11, 1 1 --111, Ti

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 mate and ordain such ordinances and regulations,
and generally to do all such acts and things ai? may ba necessary to
carry into effect this act, and promote the object and design of this
corporation.

Capital stock 2. The capital stock of said corporation shall not be less than two

How divided 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
interest shall in general meeting, from time to time, determine 80
to do.

How capital 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 four 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 pres^ident and directors.

When meeting 4. Whenever it shall appear to the commissioners aforesaid that
eca c ^^,^ hundred thousand dollars of the capital has been subscribed, 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
PTtsidt)'..t and time and place in said cit}-, to organize said corporation. In such
ftiec?^"^"' ^°^ meeting the subscribers or stockholders shall proceed, under the in-
. spection of the commissioners, to elect a president and three direc-
tors. The commissionerfj shall forthwith, after said election, pay
over, as the president and directors may order, all moneys received
by them from the subscribers to the capital stock of the company, and
deliver up all books and papers in their hands concerning the same.

Mojiftffecxont «'>• The. affairs of the corporation shall be managed by the presi-

dent and three directors, being stockholders (a majority of whom
shall constitute a quorum), who shall be chosen by the stockholders
•in general meeting, and continue in office for one year, .and until

VacftncJes, how Others are elected in their stead ; and in case of the death, resigna-
tion or disqualification nf the president or any of the directors, the
remaining members of the tlirectory shall elect others to fill the va-
cancies for the residue of the term for which they were chosen.

wto to cocsu 6. In all general meetings of the stockholders, a majority of all

lute a quorum

INSURANCE COJiPANIES. 97

lilie stockliolders in interest bein,:^ present in person or by prosy, shall
constitute a quorum for the transaction of business. Each stock-
holder shall be entitMd 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, aud to pre-
scribe the mode in which general meetings of the stockholders may
be called by the directory, and the manner in which the stockholderr;
shall be notified of all meetings of their body. The stockholders Compensation oj
shall determine and fix the compensation of the president. ^ ^"

7. The president aud directors may appoint and dismiss at their secretary and
pleasui'e, a secretary and such other officers as may be necessary for how appointeii
the transaction of the business of the company, and allow such com-
pensation for their services as they may deem reasonable ; and may Bond and secu
require- such secretary and other officers to enter into bonds with se- ^ • e given
«urity for the faithful discharge of their duties. x

8. Every stockholder, not in debt to the company, may, subject fe As«gnment of
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 receive
a dividend, until such debt is paid, or secured to the satisfaction of
the board of directors.

9. The president and directors are authorized to make insurance Auraority to
upon vessels, freights, merchandise, specie, bullion, jewels, .profits, upon veaseis, 4c
commissions, bank notes, bills of exchange, and other evidences of

debt, bottomry and respondentia interests, and make all and every in-
surance connected with marine risks, and risks of transportation and *
aavigation.

10. To make insurance on dwellings, houses, stores and other insurance upon
ads of buildings, aud upon household furniture
and merchandise against loss or damage by fire.

kinds of buildings, aud upon household furniture and other property

11. To make insurance on lives; to grant annuities; to guarantee insurance upcm
the paymeiit of notes, bonds and bills of exchange ; and to make all

kinds of contracts for the insurance of every description of property :
■^0 x'eceive money on deposit, and to pay interest thereon, as may be To receive mo
advantageous to the stockholders ; to provide for the investment of ""• "^°" ''^^^'^
funds ef the company in any way which may be deemed inost bene-
ficial ; and to invest the same in any stock of any kind, or loans or
■otherwise, as may be judged best for the interest of the company:
provided always, that nothing in tbis act shall be construed to autho- Proviso
rize said company to issue or put into, circulation any note of the
nature of a bank note, or to own more land than is necessar)"- for an
office building.

12. All policies of insurance and other contracts made by the said Effect of the p«.
•company, signed by the president and countersigned by the secretary, '^'^^

XUvWends to be
declared

General meetini
TO be called

98 INSURANCE COJIPANIES.

shall be obligatory on said company, and have the same effect as if
- ' the said policies and contracts had been attested by a corporate seal.

13. The president and directors may declare seiaii-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.

14. The president and directors may, at any time when deemed
necessary by them, crdb a general meetiirg- 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 such meeting, and on their refusal to do so, may themselves call
such meeting, giving fifteen days' notice thereof intone or more ef
the newspapers published in the city of Petersburg.

15. The president and directors may appoint an agent in any of
the cities, towns or counties of this state or elsewhere, to receive
offerings for insurance, and for the transaction of such business of

.the company as may be confided to him.

16. The corporation hereby created shall be subject to the pro-
visions of the Gode of Virginia, so far as the same are applicable ta
it, 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.

^kimmenccment 17. This act shall be in force from its passage.

Agent to be ap-
pointed

OoBopany incor-
porated

■Sy-lavTH, Ac

Provito

CilAr. 65. — ^.An ACT to incoi-porate the Coufederate Insmance Company.*
Passed February 4, 1B63.

1. Be it enacted by the general assembly of Virginia, that James
L. Cabell, H. Howard, K. H. Massie, B. C. Flannagan, W. P.
Parish, J. T. Eandolph, James Fife, A. P. Abell, E. J. Timl4rlake,
William A. Bibb, and others who may associate underthis act, not
less than twenty ^^ are hereby created and declared to be a body poli-.
tic and corporate, by the name and style of The Confederate Insu-
rance Company; and by that name, may sue and be sued, plead and
be impleaded in all the courts of law and equity in this state and
elsewhere ; and to make and have a common seal, and the same to
break, alter or renew at their pleasure; to ordaiuand establish such
bj^-laws, ordinances and regulations ; and generally to do every act
and tiling necessary to carry into effect this act, or to promote the
object and design of this corporation : provided, that such by-laws,
ordinances, regulations or acts be not inconsistent with the laws of
this state or of the Confederate States.

' Tax paid ji'rice. publication of Acts of 1862

INSURANCE COMPANIES. S9

2. To malie insurance upon dwellings, liousee, stores and all other To insure dwei-
liind of building, eitlier in town or country, and upon liousehold fur- ° •
tiiture, merchandise and other property, against kiss or damage by

the; to make insurance on lives; to cause themselves to be rein-
sured, when deemed expedient, against any risk or risks upon which
they .have made or may make insurance; to grant annuities; to 're-
ceive endowments; te contract for reversionary payments; to gua-
rantee the payment of promissory notes, bills of exchange or other •
<5vidence of debt; to make insurance npon vessels, fe-eights, goods. To insure ve»-
wares, raerclHindise, specie, bullion, profits, commissions, bank notes,
t)ottonn-y and respondentia interests ; and to make'all and e\Qry in-
sui-Snce coQuected with marine risks of transportation asd naviga-
tion. ^

3. To receive money on deposit, and gra-Cit certificates thei'efbr, in To receive mr.
accordance with the conditions set forth in sections four and five, ""^"^ "" «pos.v
chapter fifty-nine of the Code of Virginia; but in no case are such
tlepusits, or the certincates ther^^for, to be held liable to make good

any policy on insurance issued by this corapan}',

4. The funds of this company, however derived, may be invested Fnn.is tobesc-

,1 1 ., I ., , 1. ,. vested or loan«l

iin or loaned on any stock or real security, or be used m purchasmg

bonds of this state or of th-e Confederate States. The said company rower to pur

, ,1 , , 1 ii • • i 1 1 i chase and hold

shall have power- to purchase or otherwise acquire, to have and to lands
hold, and likewise to convev and to sell, anv real or personal estate,
for the purpose of securing anj' debt or debts that may be due tiP .
them, and to lend money upon personal or real estate.

5. The capital of said company shall be not l^ss than twenty Capit;ii
thousand dollars nor more than five hundred thousand dollars, to be
^divided into shares of fifty dollars each. The said capital stock shall iio^ capital
be payable by each subscriber at such time or times as it may be '-^J''^*
called for by the president and directors, and in such proportions as

they may deem necessary ; and if any subscriber shall fail to pay the
sums so called for upon each and every share so held, within twenty
days after the same has been so called for and demanded, then the
amount so called for may be recovered by motion, upon twenty days'
notice in writing, in any court of record in the county or place of
residence of the holder of stock.

6. The affairs of said company shall be managed by a president Manag^ement o.'*
and board of directors, seven in number, four of whom shall eonsti- ^° *-o™paiiy
tute a quorum. Said -directors shall be elected by ba'llot from among Directors, how
the stockholders of said corapau}-, in general meeting assembled, ]>y ^ ^'^''^'^

a majority of the votes of the stockholders present in person or by

proxy, according to a scale of voting to be hereafter prescribed ; and President, how.

the directors thus chos(in, at their first meeting shall choose from

among themselves, or the stockholders at large, a president. The Term of office

said president and directots to continue in olEce one year, or until

their successors are appointed. In (^Bfof a vacancy in the office of vacancy, hew

Hr filled

ioo

INSUEANCE COMPANIES^

Secretarv, how
appoiuted

Compons;T.?:on

Power to ap-
point affent:;

president or direciors, from aoy cause, the remaining directors mar
' elect others to s'applj: their places for the Tomaiuder of the term for
which they were chosen.

7. The president and directors of said company shall appoint s
secretary and snch other clerks and ofScers as they may find neces-
sary for the proper conducting of the business of the eorapany, and
shall allow them suitable compensation for their services: all of
which officers shall hold their places during the pleasure of the board
of directors ; and the said officers so appointed shall not, by reason
of their being stockholders in said company, be incapacitated from
giving eTideuce in any suit to which said company may be a party?
linless said officers have other personal interest in said suit, or unlese-
they shall- own stock to the amount of one hundred shares.

8. The president and directors shall have pov/^e? to appoint agents
in any part of this state or elsewhere ; and it shall be the duty of
,"?aid president and directors to appoint sueh agents in any city or
county in this state, when requested so to do by not less than ten
stockholders, res^idents of such city or county, holding not less than
one hundred shares of stock: such agents being removable at the

' pleasure of the president and directors.

Scai.p of voting 9. The scale of voting at all the meetings of said company shall
be one vote for each share of stock not exceeding twenty ; one vote
for every two shares exceeding twenty and not exceeding two hun-
iranl- orcd ; one vote for every four shares exceeding two hundred ; and
every stockholder not in debt to the company may at pleasure, in
person or by power of attorney, assign and transfer his stock in the
company, oh th^ books of the same, or any part thereof, not being
, ■ less than a whole share ; but no stockholder indebted to the company
as principal or endorser on paper due or to mature, shall be permit-
ted to make a transfer or receive a dividend until such debt i^ paid^
or secured to the satisfaction of. the board of directors.

Power to
fer atocfe

Oirideaii

To make and
publish report

Liability of
members

Books of sab-
Bcription to be

10. The president and directors shall have power to declare suck
dividends of the profits of the company as they may deem proper :
provided, that no dividend shall be declared when, in the opinion of
a majority of the board, the capital stock would be impaired thereby-
Tliey shall also make and. publish at the end of every year, except
that in which the company goes into operation, a report showing the
condition of the company in regard to its business for the curre^it
year.

11. The members shall not be liable for any loss, damage or re-
sponsibility other than the property they have in the capital of the
company, to the amoimt of the shnres respectively held by them, and
any profits arising thereupon, not divided.

12. The persons named in the first section shall be commissioners,
whose duty it shall be, witku^six months after the passage of this

INSURANCE COMPANIES. • 101

act, at some suitable place iii the town of Cliar.lottesvillei autl at suck
other places as they may deem proper, to open books to receive sub-
scriptions to the capital stock of eaid corporation ; and five days' no- Commi-sionerE
tice shall be given by said commissioners of the time and place of
•opening said books, in the newspapers published in the town of Char-
lottesville : which books shall not be closed in less than twenty. days
from the time of opening. The said commissioners shall give a like
aotiee for a meeting of the stockholders to ehoos.e directors. Thej'
shall supervise the first, election of said ofEcer8,aud shall deliver
over to them, when so elected, any property belonging to the corpo-
i'ation, that may have come into their hands.

13. This act shall be in force from its passage; and the legiela- Cunu^isctmer,;
ture of Virginia reserves to itself the power of altering, amending or
jrepeaJing any of the provisions thereof.

CiiAF. 66. — An ACT to .amend the 44h section of an '<i.ct to mcorporato the
Confederate losuraace Comiiany, passed 4th FeVjruarj ISo^.*"

Passed March 4, Ifio'i

I. Be it ensteted, that the feurth section of the act to incorporate ActKiRiended
The Confederai;e Insurance Company, passed fourth February eigh- ^

teen hundred and sixty-two, be and is hereby amended and re-enacted
.30 as to read as follows ;

" § ^ The companj^ shall have power and authority to invest its Funds, cow ia-

. vGSte<i

^japital stofik and other funds in bank, state or other stocks^ in the

jmrehase of bonds iss^jed by this or any other state, or of the Cou-

tfedcrate States, and of bonds of any incorpoj-ated company; to lend

money upon persoaai or r-eal security ; and to purchase or otherwise Real or perBciiii

ac<^uire, to have and to hold, and likewise to convey and sell any real

•or personal estate, for the purpose of seeuring any debt or debts thai

snay be due to tkom, and for their own use and coavenience."

■2. This aet shall be in fojee from its passage.. CodNnencem-eit

Chap.. 67. — Aa ACT -to amend aad rs-eiiaet section 1 2 of an act passed Mavdi j
29, 1861, ifficoxporating the Rockbridge Insurance Coinpany,

Passed February 9, 1863.

1. Be it enacted by the gene-ral assembly, that the tweli'th section Act of isti
'Of an act passed March twenty-ninth, eighteen hundr-od and sixty- '^"'^^
'(me, entitled an act incorporating the Rockbridge insurance company;
be amended and re-enacted so as to read as follojj's :

•' Tax paid-S2^c« pabUcaU.^of Acts of 186a

102

IMPORTING AND EXPORTING COMPANIES*

Commissicncri? " § 12. TJie pei'sons named in the first section of said act sliall be
eomraissioners, whose duty ft shall he, within six months after the
passage of this act, at some suitable place in the town of Lesijigton^

Books and at such other place as they, may deem proper, to open hooks tO'

receive subscriptions to the capital stoet of said ®orporation ; anc?
five days' notice shall be given by said commissioners of the tiaie and
pJace of -opening, said books, in the newspapers published Tn the towa
of Lexington ; wfiich books shall not be eloped in less than twenty
days from the time of opening. . The said commissioners shall give &
Tike Dotice for a meeting of the stockholders to choose directors. '

fropertv, hotv They shall supervise the first election of said officers, and shall de-
liver, over to them, when so elected, anj property belonging to thc^
corporation that ma}'- have come into their hands."

CommeEwmcat 2. This act shall be- in force fro-m its passage-.

Corpora?
s'owers

Capital

Affairs r>f com-
pany, hosv ma-

CoaaisenE^inent

Chap. 68. — An ACT to ineorgonjte tli:' Rfchirrfrnd Importing' and Exjwrtuig"

t'oiiipaiiY,

Passed February 21, 1865.

1. Be it enacted by the general assembly of Virginia, that Tho-
mas W. McCance, John D. Harvey, Emaau&l Miller, T. Edwart^
Hambleton, Jr., Andrew L. Ellett, Alfred Moses, William Barrett,
James L. Apperson, Eobert H. Maury, William Bouhvave, Williaiii
Allen, William G. Paine and Samuel J. HajTi«OH, together with
such other persons and firms as are now connected with them, under
the name and style of the Kichndoud importing and exporti^ com-
pany, b^ 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 of owning, navigating ana freighting ships and other
Tessels eng^getl in foreign and domestic commerce, trading from the
ports of the Confederate States of Ameuca. The capital of the said
company shall not be less than- five hundred thousand dollars nor
more than two millions of dollg>rs, and i^^all be held in shares of five-
hundred dollars each.- The affairs of the company shall be managed
by, a p?e&ident and board of directors, whose term ©f office and their
number shall be determined and elected hy the stockho-klers ; and
the said board of directors shaH possess all the c-orporate powers of
the company : pi'ovided, however, that nothing in this aet shali
change or affect the rights, obligations,- exemptions. and immunities-
of the said company, untfer the provisions; of the laws of the Con-
federate 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.

2. This act shall. be in force from its passag^, and shalll>e subject
to repeal, modification or amendment, at the pleasure of the generaS
as^semJblv.

IMPOETING AND EXPORTING COMPANIES. 103

,CnAP. 69. — An ACT to amend and re-enact an act entitled an act to iucur-
porate the Eichraoud Importing and Exportiug Company, passed Februafv
2] , 1863.

Passed March 12, 1963.

1. Be it enacted by the general assembly, that the act passed Feb- Company kicor
mary twenty-first, eighteen hundred and sixty-three, entitled an act

to incorporate the Richmond impoi'ting and exporting company, be

amended and re-enacted so as to read as follows :
#
"Be it enacted by the general assembly of Virginia, that Thomas

W. McCance, John D. Harvey, "Emanuel Miller, T. Edward Ham-
bleton, Jr., Andrew L. Ellett, Alfred Moses, William Barrett, James
L. Apperson, Eobert H. Maury, William Boulware, William Allen,
William G. Paine and Samuel J. Harrison, together with such other
persons and firms as are now connected with them, under the name
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 Ijody corporate, under the said name and style of Corporate nam.-
The Richmond Importing and Exporting Company, for the purpose Po-svers
of owning, navigating and freighting ships and other vessels engaged
in foreign and domestic commerce, tniding from the ports of the Con-
federate States of America, and with power to purchase and sell and
otherwise to deal in tlie products and commodities so freighted or
intended to be freighted."

2. The capital of the said company shall not be less than five Capital
hundred thousand dollars nor more than two millions of dollars, and

shall be held in shares of five hundred dollars each. The affairs of Affaire, how
the company shall be managed by a president and board of directors, '^■^°''^''
whose term of ofBce and their number shall be determined and elect-
ed 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, ex-
emptions and immunities of the said company, under the provisions
■of the laws of the Confederate States applicable to owners of vesstils :
and provided, that the said company shall be subject to such general
l^ws as may affect corporations of this character,

3. This act shall be in force from its passag-e, and shall be subject Commencenient
to repeal, modification or amendment, at the pleasure of the general
assembly.

104 TAN-YARD COMPANIES. ^BANKS.

Chap. 70, — An ACT to incorporate tlie Prospect Taii-yard Company in ih&
County of Prince Edward.

, Pciss^ed February 2, 18ti3.

Compauy iuoor- 1. Be it enacted by the general assembly of Virginia, that Joel
i>ora e Elaiu, Jaines Venable, William Jones, ^. F. Hvmt, E. V. Davis, H.

B. Brightwell, Isaac Glenn, T. Osborne, A. E. Venable, F. B. Wat-
kins and J. J. Brightwell, and such other persons as may be asso-
ciated with them, and their successors, shall be and are^ereby incor-
Name of com- porated and made a body politic, under the name and style of The
Kights and privi Prospect Tan-yard Company; and by that name and style, may
'*'^®* have a common seal, and be invested with all the rights and privi-

leges, and made subject to all the limitations and restrictions con-
tained in the Code of Virginia, so far as the same may be applicable,
and not inconsistent with the provisions of this act.

Power to pur- 2. The said company may purchase and hold real estate in the
», -ase rea es .a e pQ^^^y of Pnnce Edward, not exceeding twenty acres, and such other

property as they may deem necessary for the manufacture of leather,

shoes and harness.

Capital 3. The capital stock of said company sliall not exceed ten thou-

sand dollars, and shall be divided into shares of iifty dollars each ;
and the shaVes shall be transferable agreeably to the by-laws of said
company. '

Oonimencenn.nt 4. This act shall be in force from its passage.

Chap. 71. — An ACT to anthoriae the Bank of Rockingham to increase its
Contingent Fund.

Passed January 211, 1S(")3. ^

Contingent fund 1. Be it inacted by the general assembly of ViJ'ginia, that the
Bank of Eockingham is authorized to increase its contingent fund to
a sum not exceeding twenty per centum upon its capital stock paid in.

Commencement 2. This act shall bc in force from its passage.

Chap. 72. — Ah ACT to amend the Charter of the Bank of Rockingham.
Passed March 11, 1?63.

1. Be it enacted by the general assembly, that the sixth, seventh,
eighth, ninth, tenth and eleventh sections of the act passed on the
twelfth day of January eighteen hundred and fifty-three, entitled an
act to incorporate the Citizens Bank of Virginia, now known by the

BANKS. 105

name and style of the Bank of. Eockingham, be and the same are
herebj;. repealed.

2. That the twelfth section of the same act be and the same is Charter
hereby amended and re-enacted so as to read as follows !

"§ 12. The charter of the said bank shall continue and be in force VQien ciiarter
until the first day of April eighteen hundred and seventy-three."

3. The treasurer of the state may retransfer to the said bank the Treasurer to re-
certificates of the debt of the state and the bonds of internal im- cates of debt
provement companies guaranteed by the state, now held by him in ' "^
trust foT the purposes of said bank, or any part thereof, upon receiv-
ing and canceling an equal amount of the notes of said bank t-ounter-

signed by him ; and if the notes of the 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 ma/ retransfer the residue of said certificates or gua-
ranteed bonds to said bank, upon receiving from at least five of the Bond and ^ecu-
stockholders thereof, with at least five good and sufficient securities,
to be approved by him, a joint and several bond, payable to the com-
monwealth of Virginia, 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 sha'll be recorded in the manner pre- Bond to be re-
scribed in the fourth section of chapter one hundred and eighty-six
of the Code of Virginia, and shall have the force of a judgment; and For breach of
for every breach of the conditions thereof, execution may be issued, execution to •
upon ten days' notice of the application therefor, in the name Of the '"'*"*
commonwealth, for the benefit of the holder 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. Denomination of
except of the denomination of five dollars, ten dollars, or some mul-
tiple of ten.

5. Every quarterly statement of this bank shall, in addition to the What to be ex-
information which the Code of Virginia requires' to be made, also ex- tcriy^statemen'tg
hibit the aggregate debt due by the bank, the outstanding debts due

to 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 consi^ of not more than nin(?nor Board of direo-
less than seven, as the stockholders may direct. ' ^°^^

7. Provided, that nothing in this act contained shall debar the Proviso
Bank of Rockingham of the privileges contained in an act passed
March twenty-ninth, eighteen hundred and sixty-two, enti'led 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 <

106

BANKS. — COUNTIES. — TOWNS.

time when the iirovisions have been approved by the stockholders in
said bank, convened in general meeting at any time before the first
day of April 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. 73. — An ACT to legalize the Records, Proceedings and Acts of the
.. County Court of Spotsylvania County, at the. Terms of said Court held
during the year 1862, at Places in the said County other than the Court-
house thereof.

> Passed February 18, 1863.

PrcamWo Whereas it has been represented to the general assembly of Vir-

ginia, that for the period of several months during the year eighteen
hundred and sixty-two, the public enemy held military occupation of
a large portion of Spotsj'lvania county, including the courthouse
thereof; and that by reason of the interruption of the mail between
said county and tlie city of Richmond, as well as the inexpediency of
publishing any notice of the place where the sessions of the county
court of said county might be held during such military occupation,
it was deemed proper by the justices of said county not to apply to
the governor of Virginia to designate some plnce other than the said
courthouse, where the sessions of said court should be held, and that
said justices accordingly proceeded to hold several terms of said
court at places in said county other than said courthouse :

Records, pro- 1. Be it therefore enacted by the general assembly, that all the

acts of colirt records, proceedings, acts and things made, ordered and done by the
othei than'court ^^^^ county court, at the terms thereof held during the said year
house legalized eighteen hundred and sixty-two, at places other than the said court-
house, which might have been legally made, ordered and done at
said courthouse, are hereby declared and made legal and valid to the
same extent as if ordered and done at the said courtliouse.

Commencement 2. This act shall be in force from its passage.

Powers of couu
cil enlafged

Chap. 74. — An ACT to enlarge the Powers of the Council of the City of .
■^ Richmond.

Passed Februarj' 13, 1863.

1. Be it enacted by the general assembly of Virginia, that the
council of the city of Richmond be and the same is hereby autho-
rized to suppress 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

TOWNS. 107

liquors within the sairl city, aiid around the same to the boTindaries
to which the jurisdiction of its corporation courts or otHcers of police
extends in criminal cases. And for the purposes of executing the Council may en

.- ., act ordinances

powers and authority hereby vested m said council, the said cmucil and impose fines,

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

go sold or kept for sale, and arrest the persons who shall sell or keep Persors to be

- , , ,,. .TT . •,,• c-1 T arrested for vio-

for sale or purchase the said liquors m violation or said orilmances, latinfr ordi-
and hold them in custody until they shall give security for their good "'^"'^•-''*
behavior in such penalty, not exceeding one thousand dollars, as the
lustice before whom thev are taken shall prescribe. And the said PowerK of offi-

" cers, &c

ofBcers and police shall have the same powers and authority in dis-
charging their duties under said ordinances, as state ofBcers have in
cases of breaches of the peace.

2. The said council may organize and establish an armed police, Armpd police or
and appoint such officers thereof as to the council may seem expe-
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 foi'te from its passage. Comnencement

Chap. 75. — An ACT to enlarge the powers of the Council of the city of ^

'Lynchburg.

Passed March 9, 1863. ^

1. Be it enacted by the general assembl5', that the council of the Powers of coun-

1-4-11 1 11 .11 I ■ 1 cil enlarged

City 01 Lynchburg be and the same is hereoy authorized to suppress
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 courts or officers of police extends in criminal cases.
And for the purposes of extending the powers and authority hereby Council may en-

, , . ., •! .1 --I •! . T T act ordinances

vested in said council, the said council may enact ordinances and and impose fines,
impose penalties for the violation thereof not exceeding five hundred "^^
dollars, and imprisonment not exceeding three months; may autho-
rize 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 whicli such liquors are so sold or kept for sale, and Persons to be
arrest the persons who shall sell or keep for sale or purchase the said latlng ord^ ^^°
liquors in violation of said ordinances, and hold them in custody "^"^^^^
until they shall give security for their good behavior in such pena^.

108 TOWNS. COLLEGES.

not exceeding one thousand dollars, as Lhe justice before whom they

Powers of offi- 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 iu-cases of breaches of the peace.

Armed police or- 2. The Said council may organize and establish an armed police,
and appoint such officers thereof as to the council may seem expe-
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.

Commfincemeat 3. This act shall be in force from its passage.

Chap. 76. — An ACT to incorporate the Southern Female College of the

City of Petersburg.

Passed January 27, 1863.

iiiBtitutioii in.^ 1. Be it enacted by the general assembly, that Dr. J. H. Clai-
eorporated y^^^,^^^ ^^,_ -^ y^ Harrison, W. T. Joynes, T. L. H. Young, Wesley
Gregg, J. H. Cooper, George B. Jones, P. H. Booth, George V.
Scott, W. S. Harrison, Eev. B. R. Duval, Warner Eubank, Edwin
Brown, R. H. L3^ell and W. T. Davis, and .their successors, be and
tiiey are hereby constituted a body politic and corporate, under the
name and style of The Trustees of the Southern Female College of
Petersburg, Virginia ; and by that name shall have perpetual succes-
sion and a common seal, and may sue and be sued, plead and be
Trustees to hold impleaded in any court of law or equity. The said trustees of the
aiproper^y"^""'^ Southern female college shall be capable in law to receive, hold and
dispose of real and, personal property, in order to carry out the pur-
poses of their incorporation.

How managed 2. The Said Southern female college 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 institu-
tion as to them may seem fit, not inconsistent with the laws of Pe-

Quorum tersburg or of this state or of the Confederate States. Five of the

trustees shall constitute a quorum for the transaction of business ;

How vacjincy and any vacancy in the said board of trustees, occasioned by death,
resignation or otherwise, shall be supplied by appointment by the
surviving trustees ; and they may remove any member of their body,
two-thirds of the whole number being present and concurring.

Treasurer to re- 3. The treasurer shall receive all moneys accruing to the college

ceive moneys ^^j property delivered to his care, and shall pny or deliver the same

To give bond to the order of the board of trustees. Bcfuro entering upon the dis-

cl^rge of his duties, he shall give bond with such security and in

such penalty as the board may direct, made payable to the trustees

COLLEGES. 109

for the time being, and their successors, and conditioned for the faith-
fal performance of the duties of his ofHce, under such rules and regu-
lations as the board may adopt ; and it shall be lawful for the said
trustees to obtain a judgment- for the amount thereof, or for any
special delinquency incurred by said treasurer, on motion in any
court of record in this ^mmonwealth against the treasurer and his
or their executors or administrators, upon giving ten days' previous
notice of the mxOtion.

4. The said trustees are hereby authorized to raise by joint stock Amount ofjoiat
subscription, a sum not less than twenty thousand dollars nor more tion ^ ^ "^
than one hundred thousand dollars, to be divided into shares of twen-
ty-five dollars each ; and from time to time shall declai'e such divi- Dividends
dends on the same as the net profits of the college shall justify, and Power to coUect
shall have power to collect the subscription to said stock in the man- ^" ^*^"^ ^°^
ner now provided by law for collecting subscriptions to joint stock
companies.

5. The board of trustees, , in connection with the president and Power to confer
professors of the college, shall have power to confer such diplomas,

medals, literary titles and honors as they may think best calculated
to promote the cause of female education.

6. This act shall be in force from its passage, and shall be subject Coraroencsmeat
to amendment, modification or repeal, at the pleasure of the general
assembly.

Chap. 77. — An ACT amending and re-enacting' the 4th section of an act
passed 22d January 1862, entitled an act to authorize the establishment of
a Military Scliool as ^ part of the Instruction of Eandolph Macon Col-

• lege. • ■

Passed March 11, 1863.

1. Be it enacted by the general assembly, that the fourth section Act amcnde^it
of an act passed the twenty-second of January eighteen hundred and
sixty-two, entitled an act to authorize the establishment of a militarj'

school as part of the instruction of Eandolph Macon College, be '
amended and re-enacted so as to read as follows :

" § 4. They shall appoint such professors to give instructions in Asjead^ica^
military science as they may deem proper, and may remove them for
good cause, as already provided for in their charter.''

2. This act shall be in force from its passage. Commencemsn!!

SCHOOL. HOUSES. ^PUBLIC POUND.

S;ilf of tli-itrict
school houses
authorized

CliAP. 78. — An ACT authorizing the Sale, hy the Coiiuty Court, of the D!j<-
trict School Houses, and the Lots of Laml thereto attached, in tlie County
of Henrj'.

Passed March 11, 1863.

1. Be it enacted by the general agsembl|^ that the county court
of Henry county, the justices of said county having been first duly
summoned for that purpose, and a majority of the acting justices
being present, is hereby authorized and empowered to order the sale
of the district school houses in said county, and the lots of land there-
" 'to attached, which said houses were built under the act of assembly
passed the twenty-fifth of February eighteen hundred and forty-six,
authorizing the establishment of free schools in said county.

Power of court 2. Tue said court shall have power to order the sale of all or a
part of said school houses, as may be deemed most expedient ; and
►Proceeds of sale, may prescribe the terms of the sale; but the proceeds thereof shall
ispose o ^^ uged for the education of the indigent children of said county.

Court to appoint 3. For the purpose of carrying out the provisions of this act,' the

comrnisgioDers . -, ^ . ^ . . j^^ir

Bond and secu- saiu court may appoint one or more commissioners, and take trom
nty to be given i[^^^ g^ bond wlth approved security, payable to the county, in such

penalties as the said court may prescribe, with conditions for the

faithful performance of their duties.

Commencement 4. This act shall be in force from its passage.

Court to estab-
lish public
pound

What animals
to be confined

Keepers to be
appointed

How expenses
are defrayed

Fines Imposed

Proviso

Chap. 79. — An A.CT authorizing the County Court of Henrico to establish
a Public Pound.

Passed March 4, 1863. ■

1. Be it enacted by the general assembly, that the county court of
Henrico shall be and is hereby authoriz^ to establish one or more
public pounds within the liiuits of said county, at least one of which
shall b,e within one mile of the city of Richmond, for confining such
stock, horses, mules, cattle, hogs and sheep as may stray from their
owners and be found trespassing upon the land of others.

2. Be it further enacted, that it shall be the duty of the county
court (if they shall establish such pound) to appoint keepers or over-
seers of the same, and make such rules and regulations for the
management thereof as they njay deem proper.

3. Be it further enacted, that in order to defray the expenses of
establishing and keeping the said pound (mentioned in the first sec-
tion of this act), it shall be lawful for the county court aforesaid to
impose such fine upon the owners of such stock as shall be confined
in the same, as they may deem necessary for that purpose : provided,

BUILDING ASSOCIATIOXS. — HARMONIC ASSOCIATIOX. Ill

that such fines shall not exceed the sum of two dollars per head for
horses and mules, and fifty cents per head for all other stock.

4. When, after due notice, not less than five days, to be prescribed stick n,of ci;r:r>j-

,. , , r. T • • 1 a 1 n etl to be sold

by the county .court, any ot the stock. confined in said pounds shall
not be reclaimed by their owners, the keepers or overseers of said
pounds shall sell the same at public auction, lat one of the market wnere to be sold
houses of the city of Eichmond, after two days' notice stuck up at
the said market house, and after defraying all the actual and neces-
sary expenses incurred in connection with such stock (under rules
prescribed by the c<3unty court), said bill of expenses to be assessed How bills of ex-

, , „ , ,- • , ,1 ii penseg assessed

on the oath of the keeper or overseer, reserving to the owner the

right of appeal from the decision of said keeper or overseer to the "What amount to

, „ .111 i .Li c j.r. be paid to o^Yn-

county court, shall pay over the balance to the owners ot the same, ers
or if the owners do not api>ear within sixty days, into the county
treasury : provided, that said balance shall bb paid to the owner. Proviso
who may appear at any time within one year after such sale, and
demand the same.

5\ This act shall be in force from its passage. Commencement

Chap. SO. — An ACT allowing the Lynchburg, Franklin, Citizens and Wash-
ington Building Fund Associations to purchase their Stock.

Passed Mareli 11, 1B63.

1. Be it enacted by the general assembly, that tlie president and Power to ptir-
directors of the Lynchburg building fund association of Lynchburg,

the Franklin buildiug fund association of Lynchburg, the Citizens
building fund association of Lynchburg, and the Washington buildr
ing fuud association of Lynchburg, are hereby authorized to purchase
(at their discretion) any portion of the stock of the said associations,
. when deemed by thtm to be to the interest of the said institutions to
do so.

2. This act shall be in force from its passage. Commencement

Chap. 81. — An ACT to incorporate the Richmond Harmonic Association.
Passed March 26, 1863.

1. Be it enacted by the general assembly of Virginia, that Charles incorporated
Seibert, president, H. Wentzek vice president, J. C. Fisher, secre-
tary, C. Haase, cashier, J. T. Kohler, treasurer-, and M. Tresh, libra-
rian, and their associates, shall be and the same are hereby constitu-
ted a b()dy politic and corpf)rate, under the name and style of The Na3aij;
Richmoud Harmonic Association ; and by that name and style, shall

112 HARMONIC ASSOCIATIOlfo— PRIVILEGES.

RightK, powers, be subject to all the rules, regulations and restrictions imposed, and
invested with all the rights, powers and privileges conferred by chap-
ters fifty-six and -fifty-seven of the Code of Virginia (edition of
eighteen hundred and sixty), and all other laws of this commonwealth
^ a>pplicable to such corporations.

Prnpprty to be 2. Tliat the said coj-poration may hold property, real and personal,
to the value of forty thousand dollars.

Commencement 3. This act shall be in iorcc from its passage, and shall be subject
to 'amendment, modification or repeal, at the pleasure of the general
'-assembly.

Chap, 82.— An ACT allowing Sarah T. Thornton to remove certain Slaves
from' this State to the State of North Carolina.

Passed January 27, 1863.

Preamble Whereas it has been represented to the general assembly, that

Sarah T. Thornton, relict of Dr. Richard Thornton of' the county of
Halifax, is possessed of a life estate in certain slaves received by her
as dower from the estate of her said husband, and that said Sarah T.
Thornton wishes to remove said slaves to the county of Granville,
North Carolina :

County court to 1- Be it euacted-by the general assembly, that the county or cir-
S^Jyarof^ slaves "cuit court of the county of Halifax shall have power, upon the peti-
tion of the said Sarah T. Thornton, to authorize her to- remove said
slaves to the said county of Granville, in such manner and upon such
Provlao terms as ta the said court may seem proper : provided, that before

I such removal, a list of all the slaves to be removed, containing a. de-

scription thereof, shall be filed in the clerk's ofiice -of the court autho-
Bond and seen- rizing such removal: and provided further, that the said Sarah T,
nty to be given 'jj^^^.Q^nn shall give bond and surety residing in Yirginia, for the de-
livery of said slaves and their increase, at her death, to the persona
To report to entitled to the same, and also for making annually a report of the in-
eourt annua y ^j.g^gg ^-f g^j^ slaves to the court granting said permission.

%Court may re- 2. Upon the application of any party interested, alleging the in-

to"be gfvTa'^'"^^ solvency or insufiiciency of the security in the said original or any

subsequent bond, the court may, from time to time, after personal

, notice, or by publication, require a new bond, with ample security,

Pe'nal'ty for fail- with condition similar to that herein before prescribed; and upon

bond" ^'^^ failure to give such bond and security, the forfeiture hereby intended

to be saved shall be restored to those entitled to eaid propertyi

Cowrnencement 3. This act shall be in force from its passage.

PRIVILEGES. » 113

€hap. 83. — An ACT for the relief of James M. Laidley and Thomas S. A.

Matthews.

Passed March 21, 186.3. *

1. Be it enacted by the general assembly, that the aiulitor of pub- Auditor autto.
lie accounts be and he is her.eby authorized to settle the judgment settlement
rendered against James M. Laidley and Thomas S. A. Matthews,
commissioners of forfeited and delinquent lauds for the county of
Kanawha, by the circuit court of Eichmond city, by allowing said

Laidley to pay the principal dnh from them, after allowing proper

credits, with interest at the rate of six per centum per annum, from

the time the same was due and payable, after allowing reasonable

time for money in transitu from the county of Kanawha to the city

of Richmond, and the costs of said judgment; and upon such pay- Certain damagps

ment by said Laidley, the damages and the excess of interest over

the six per centum embraced in said judgment, shall be deemed to

be released,

2. Be.it further enacted, that in the event said Laidley shall pay lu what event
fche amount with which said commissioners are chargeable on the refund-
books of the auditor of public accounts, and he shall, at any time

within twelve months from the date of a treaty of peace between the
United States and the Confederate States of America, produce to the
auditor of public accounts evidence of further credits and allowances
to which said commissioners are, or may be entitled, then and in that
event, said auditor shall refund to said Laidley such sum as he may
have paid ov«r and above the sum justly due from said commissioners. »

3. This act shall be in force from its passage. Commeucenjent

€kap. 84. — An ACT authorizing the Personal Representative of John M.
Aldersou, deceased, to deliver certain Militia Fines to the Sheriff of Green-
brier County.

Passed March 0, 18C3.

1. Be it enacted by the general assembly, that it shall be lawful Mintia fines to
for the personal representative of John M. Alderson deceased, late tiie coiie^ct'o: °
sheriff of Greenbrier county, to deliver to the sheriff of said county
any militia fines uncollected by said Alderson.

3. The sheriff shall give a receipt therefor, to account to the com- Sheriff to gwe
monwealth for the same, within the time fixed by lavv' from the time '""'^®'P'
of delivery to him, and to have the same effect as if the said fines
had been delivered on that day by the clerk of the regiment. Upon Auditor to
receipt of the sheriff being delivered to the auditor of public accounts, witMhe^amOTnt
he shall charge the sheriff with the amount appearing due thereby,
and give credit for a like amount to the account of the said Alderson,

3. This act shall be in force from its passage. Commencemeat

PRIVILEGES.

Chap, 8o.— An ACT for 'the relief of the Securities of William Paris, ^t»
Sheriff of Appomattox County.

Passed January 31, 1863.

Ap|)ropriaUon 1. Be it enacted by the general assembly, tbat the auditor of
public accounts be and he is hereby authorized and required to issue
his warrant oa the treasury, payable out.of any money not otherwise
appropriated, in favor of John Johns, D. O. Bass, Silas P. Vawter,
E. Legrand, W. W. Hamner, George S. Penn, Samuel J. Walker,
Thomas R. Peers and N. Pamplin, securities of William Paris, late

ATOonnt sheriiF of Appomattox county, or their legal representatives, for the

damages (less the costs of collection) on judgments in favor of the
commonwealth against them as such securities, rendered by the cir-
cuit court of the city of Kichmond on the thirteenth day of Novera-

)f»rovte& ber eighteen hundred-and fifty-eight: provided, that this act shafll

not be construed as releasing the said William Paris, late sheriiF of
Appomattos county, from the payment of any damages adjudged
against him.

ComEasace^l^eaf, 2. This act shali be ia force from its passage. •

Chap. 86. — An ACT amending an act entitled an act for the relief of t!i&
Siicurities of William Paria, late Sheriff of Appomattox County, passed
January 31st, 1863.

Passed February 20, 1853.

jtiaifef to Eor5)ti«B 1. Be it enacted hy the general assemblj', that an act entitled an
act for the relief of the securities of William Paris, late sheriff of
Appomattox county, passed thirty-first of January eighteen hundred
and sixty-three, be amended and re-enacted go as to read as follows:

Damages ro-
faaded

"That the auditor of public accounts be and he is hereby autho-
rized and required to issue his warrant on the treasury, payable out
of any money therein not otherwise appropriated, in favor of the se-
curities of said William Paris, late sheriff of Appomattox, or their
legal representatives, for the damages (less tlie costs of collection)
on judgments in favor of the commonwealth against them as such
securities, rendered by the circuit court of the city of Richmond,
and the payment in pursuance thereof. But this act shall not be
construed as releasing the said William Paris from the effect of said
judgment and its payment, and any damages which may have been
rendered against him by the judgments aforesaid : nor shall the
money so paid by said securities and refunded by this act, be treated
or held to be a payment on said judgment as to the said William
Paris."

cioj»«xenceraeBt 2. This act shall be in force from its paasageo

Bow thiB act
BhaU be eoc-
etiTiod

How money re-
jf unded to bp
- treated

PRIVILEGES. Hi

€hap. 87.— An ACT authnriziiif^ tlie GovPTnor to deliver to B. B. and J. W.
Cooley an Infant Child of a Slave named Harriet.

Passed March 16, 1863.

1. Be it enactod by the general txpserably, that the governor of ciovemor «« &
this commonwealth be and he is hereby authorized and directed to andj.w.Cooie^
deliver to B. B. and J. W. Cooley, or their legal representatives, an n^J^f ^^"^
infant child of the slave Harriet, who was condemned to be hung by

the county court of the county of Frederick, and who died in the jail
at Richmond before the sentence was carried into execution.

2. This act shall be in force from its passage. Comroeticejn«»t

Chap. 88. — An ACT authorizing the payment of a sum of money to B. B.
and J. W. Cooley for a Slave condemned to be hung.

Passed February 17, 1S63.

1. Be it enacted by the general assembly, that the auditor of Amoant appro
public accounts be and he is hereby authorized and required to issue ^"'^

his warrant on the treasury, payable out of any money therein not
otherwise appropriated, in favor of B. B. and J. W. Cooley, or their
legal representatives, for the sum of four hundred dollars, that being
the appraised value of a slave belonging to thera, named Harriet,
who was convicted of murder in the first degree, at the May term in
the year eighteen hundred an<d sixtj'-one, of the Frederick county
■court, and who died in Jail before the sentence was carried into
execution.

2. This act shall be in force from its passage, ConHnaaoenwaft

Chap. 89. — An ACT reftiuding a siim of money to Gordon and Brother,
paid by them as ji Merchiuit's License in the County of Fluvanna.

Passed March 19, 18^3.

1. Be it enacted by the general assembly, that the auditor of Amnnnt apps*
public accounts be directed to issue his warrant on the treasury, pay-
able out of any money therein not otherwise appropriated, in favor

of Gordon and Brother, or to their personal representatives, for the
gum of eighty-six dollars and forty cents, being the amount paid for
^ license as merchants in the county of Fluvanna,

2. This act shall be in force ifrom its passage, o^nuaeacesaeaj

116

PRIVILEGES.

Preamble

Chap. 90. — An ACT for the relief of Thomas Littleton, Jailor of Loudoun

County.

Passed February 12, 1863.

Whereas no court can be held for the county of Xioudoun, by rea-
son of the frequent inroads of the public enemy, and the usual certi-
ficate of such court cannot be obtained by Thomas Littleton, jailor
of said county, to authorize payment of his account against this com-
monwealth for the keeping of prisoners, and for other matters :
Therefore,

1. Be it enacted by the general assembly of Virginia, that the
auditor of public accounts be and he is hereby authorized to pay the
account of said Thomas Littleton, jailor as aforesaidi upon such
proof of the same as may be satisfactory to him.

Commencement 2. This act shall be in force from its passage.

Auditor to pay
account

Chap. 91. — An ACT for the relief of George W. Chambers.
■• Passed March 16, 1863.

Preamble Wbereas the United States government was indebted to George

W. Chambers in the sum of eight hundred and forty-nine dollars and
forty cents, for twenty-two thousand six hundred and fifty pounds of
castings made by him for said government, at the Harpers Ferry
, armory in Virginia, which said castings were taken possession of by

the state of Virginia : and v/hereas the auditing board has recom-
mended the payment of said claims by the legislaturcjon the ground
that the state had seized the products of the labor of said Gleorge W.
Chambers, for which he has received no compensation : Wherefore,

1. Be it enacted by the general assembly, that the auditor of pub-
lic accounts be and he is hereby directed to issue his warrant on the
• treasury in favor of George W. Chambers, for the sum of eight hun-

dred and forty-nine dollars and forty cents, in payment of the account
of said Chambers, for twenty-two thousand six hundred and fifty
pounds of castings, as recommended by the auditing board.

Corameneement 2. This act shall be in force from its passage.

Amount appro
priated

Chap. 92. — An ACT for the relief of the Clerk of the ITustings Court of
the City of Richmond.

Passed January 28, 1863.

Allowance to 1. Be it enacted by the general assefnbly, that the judge of the
l»La '° * ""^ hustings court of the city of Richmond may make such allowance as

PRIVILEGES. 117

he may deem proper to tlie clerk of the said court for his services
rendered in felony cases, not to exceed ten dollars for each felony
case which may be disposed of. in said court ; to be paid by the How paid
council of the said city.

2. This act shall be in force from its passage. Commencement

Chap. 93. — An ACT for the relief of the Sergeant of the City of Richmond
and the Sergeant of the City of Petersburg.

Passed January 29, 1S63.

]. Be it enacted by the general assembly, that there be allowed Relief granted
and paid to Thomas U. Dudley, sergeant of the city of Richmond,
and John H. Patterson, sergeant of the city of Petersburg, out of
any moneys in the treasury not otherwise appropriated by law, the Amount appro-
sum of twenty-five cents per day, in addition to the allowance here-
tofore authorized by law, for each person confined in the jails of the
said cities, from the nineteenth day of May eighteen hundred and
sixty- two, to the twenty-third day of September eighteen hundred
and sixtj'-two, other than prisoners charged with or convicted of
violation of any ordinance of the said cities : provided, however, that Proviso
the number of such prisoners, and the date and the length of their
confinement in said jails, shall be certified, sworn to and passed by
the auditor of public accounts, in the manner prescribed by law for
the allowance and payment of the accounts of sheriffs and sergeants
for the maintenance, care and support of prisoners confined in the
jails of this commonwealth. .

• 2. This act shall be in force from its passage. Commencemeut

Chap. 94. — An ACT to amend the 2d section of an act concerning the
Estate of John Haskins, senior, a "Lunatic, passed January 24, 1833.

Passed February 13, 1863.

1. Be it enacted by the general assembly, that section second of Act of i839
an act concerning the estate of John Haskins, senior, a lunatic,
passed January twenty-fourth, eighteen hundred and thirty-nine, be
amended and re-enacted so as to read as follows :

" § 2. That if the county court of the county of Brunswick should Committee or
think it advisable, or to the interest of the parties interested, they seii stock
shall have power and authority, upon the application of the said
committee, or his successor, in the event of his death, or his powers
being revoked, to authorize the said committer, or his successor, to
sell the whole, or any part of said stock or -stocks, acquired by the

118

PRIVILEGESo

proceeds of the sale of the estate of the said lunatic, under the pra-
visions of the before recited ^.ct, and any i-tocks acquired under the
To make invest- provisions of this act, and to invest in like manner the proceeds
arising therefrom, together with the annual surplus wliich may have
accrued, or which shall hereafter accrue from the said estate, either
from interest or otherwise, over and ahove the comfortable support
and maintenance of the said lunatic, in stock of tliis commonwealth,
or in any other stock authorized by the laws of this state, or in bonds
• or eertificaies of debt of the Confederate States, or in bonds of in-
corporated cities and towns; and the said county court, as well a»
the said committee, or his successor, as the case may be, shall be
guided and governed by the provisions of the before recited acts, in
all thfir proceedings except so far as the same may be herein altered
or repealed."

Cfenimenwmtnt 2. This act shall be in force from its passage.

Chap. 95. — An ACT refiuidiflg to William M. Hume, Sheriff of FauquieF
County, Uamages paid by him as such.

Passed March 9, 1863.

.i4>propriation 1. Be it enacted by the general assembly, that the auditor of pub-
lic accounts is hereby authorized and directed to issue his warrant on
the treasury of the commonwealth, to be paid out of iany money ia
the treasury not otherv^•i^e apj) opriated, in favor of William M.

Amocnt Hume, for the sum of five hundred and thirty-two dollars and sixty-

four cents (less the costs of collecting the same), being the amounfc
of damages, at fifteen per centum, for default of the paj^nent of li-
cense taxes for the county of Fauqiner. due the thirtieth day of May
eighteen hundred and sixty-O'ie recovered against the said Hume,
by judgment rendt^red in the clerk's oflice of the circuit court of the
city of Richmond, on the thirtieth day of July eighteen hundred wnd
sixty-one ; whicli damages, together with the amount of said licenses,
with lawful interest thert-on and o<jsts, the said Huoie has heretofore
fully paid to the commonwealth ; it appearing to the general assem-
bly, that prior to the twenty-fifth day of May preceding the day
^ when said license taxes became pnyable as aforesaid, the said Hume

had deposited in the Farmers Bank of Virginia at Alexandria, money
sufiieient to pay the said license taxes, which, by reason of the pub-
lic enemy taking possession of said town on the morning of the
twenty-fifth of May aforesaid, he has been unable to the present time
to realize.

Oojnmencement 2. This act shall be in force from its passage.

PRIVILEGES^ . 119

Chap. 96. — An ACT refnnciing to Samuel E. Lybrook, SLeriff of the County
of Giles, a certain sum of money.

• Passed Mareh 19, 1863. "

l.'Be it enacted by the genera! assembly, that the auditor of Apprcpriatioa
public accounts be and he is hereby authorized and required to issue
his warrant on the treasury, payable out of any money therein not
otherwise appropriated, in favor of Samuel E. Lybrook, sheriff of
Giles county, or liis legal representative, for the sum of one hundred Amonr.t
and ten dollars, that being the amount for taxes on ordinary licenses
granted respectively to Warren A. Gay and to Stewart Rowan, for
the year ending May eighteen hundred and sixty, each of said licenses
-amounting to fifty-five dollars ; which said licenses were returned
twice for the said year, and which erroneone assessment was ordered
to be corrected by the county court of the county of Giles on Aprii
fourteenth, eighteen hundred and sixty-two.

2. This act shall be in force from its passagCo Commenc^mea*

Chap. 97.— An ACT to pay E. W. Canfield and C. D. Bragg for services as
Instructors of Artillery.

Passed March 17, 1863.

1. Be it enacted by the general assembly, that the auditing board Payment to to
be and they are hereby directed to allow and cause to be paid to E.

W. Can:6eld, for three months and nine days' service as instructor
and commander of artillery, under Brigadier General Carson, accord-
ring to the pay per month of a first lieutenant of artillery in the con-
federate service ; and to C. D. Bragg, for one month and seven days'
'service, at the saHae rate.

2. This act shall be in force from its passage. €ojniB«iioemen4

Chap. 98. — An ACT establishing an Election Precinct at Mill Swamp Meet-
ing House? in the County of Isle of Wight,

Passed March 9, 1663.

1. Be it enacted by the general assembly, that at any general or Eiectsona for «*
special election for members of the general assembly, governor, lieu- ® '"• °
tenant governor, attorney general, judges, commissioners of public

works, f(»r representatives in congress^ and for electors of president
and vice president of the Confederate States, polls shall be opened where &o iw
at Mill Swamp meeting house, in addition to the other places for
■voting now prescribed by law in the county of Isle of Wight.

2. This act shall be in force from its passage^ Commeacemem

RESOLUTIONS.

No. L — Eesolution authoriziug and directing the Governor to transfer the
Prisoners, captured by the State Line, to the Confederate Government, ex-
cept those held as Hostages for Colonel Zarvoua and nthers.

Adopted March 28, 18C3.

Eesolved by the general assembly, that the orovernor be authorized Tran>fer of pii-

■ soners

and directed to transfer to the confederate government all the priso-
ners held by the state, mentioned in his communication of the
day of ,(to be exchanged for Confederate States prisoners held

by the United States government), except the prisoners who are de-
tained as hostages for the release of Colonel Zarvona, Captain Duskey
and Lieutenant Varuer ; and that he be authorized and requested to
deliver up the said hostages for a. similar purpose, as soon as he shall
obtain the assurance of the confederate authorities that said hostages
will be retained in their present confinement until arrangements are
agreed on for the exchange of the prisoners for whose safety they are
80 held.

No. 2. — Eesolutions expressing the high appreciation of the General Assem-
bly of the patriotic fortitude and devotion displayed by the Women of
Virginia, fi-om the commencement of the present war. f

'- Adopted March 26, 1863.

1. Eesolved by the senate and house of delegates, that the grate- Patriotism ap-
ful acknowledgments of the general assembly are due and are hereby
cordially tendered to the women of Virginia, for their disinterested,
generous and heroic devotion to the cause of their country during

the pending war.

2. Resolved, that the civilized world cannot fail to regard with the Regarded with
highest admiration the sublime spectacle exhibited by the women of tion

a whole community, elevated, refined, softened, purified by a high
christian civilization, devoting all their energies to the public service,
and beautifully blending a holy zeal for their country with humble
piety to God.

3. Eesolved, that this inadequate tribute to their virtues be entered Resolutions to
on the journals of both houses, as a lasting memorial of their exalted journals
worth, that history may present to posterity so shining an example,

and that our children's children, to the latest generation, may be in-
cited thereby to deeds of heroism and public virtue.

122 RESOLUTIONS.

No. 3. — Pipamble abd Resolutions in relation to the Disorderly Practices at
the Virrrinia Military Institiiti; in connection with the Case of Cadet Wil-
liam A. Daniel.

Adopted March 18, 1863.

Whereas \t appears, upon satisfactoiy evidence adduced before the
general assembly, that Cadet VV«illiam A. Daniel, then a junior cadet
of the Virginia military in.-titnte, was on the eleventh day of Novem-
ber eighteen hundred and si.\ty-t\vo, subjected to an unprovoked and
cruel infliction of personal violence by cadets of the in-titate, and
that no adequate protection was afforded him by the officers of the
institution against a repetition of such violence ; by which means
said ("adct Daniel has b^en driven from the institute, and practically
denied the benefits of its instru -tion : and whereas it appears also
that the practice of such wanton violations (tf good order and hu-
manity hias been of long continuance and without proper restraint,
at said institute : Therefore,

Unqaaiified con- 1. Resolved, that this general assembly hereby expresses its un-
qualified condemnation of such practice, as violative of good discip-
line, unjust to the peaceable and orderly cadets, injurious to the
eflScient adininit;tration of the institute, and unworthy the chivalrous
character of our southern youth.

Knstraction to 2. That the officers of said institution be and are hereby instructed
to adopt such regulations and discipline in reference to said practice
of wanton punishment of junior cadets, as will eff'ectuall}' discontinue

iMsapprobation and repress it ; and that it is the opinion of the general assemlily,
upon the facts before them, that the efforts of the officers of said
institute to suppress the vicious practice complaine,d of, have not
been such as meet with the" approbation of this general assembly.

aieqairomeat 3. That the officers of said institution be and they are hereby re-

quired, if Cadet-William A. Daniel shall so desire, to reinstate him
as a cadet of said institute, without prejudice to his position therein

ihjty of officers on account of his withdrawal therefrom in November last. And if
the facts stated by him, in his letter to Mr. Robert Dabney, be sub-
stantially established, it is the further duty of said officers to dro.p
from the rolls the name of every cadet who participated in the
outrage.

No. 4. — Resolution to authorize the Governor to suspend the law of the 3rd
October ISiii, to further pruvide for tlie Public Defence, so far as it applies
to tlio.se Counties who.^e loss of Slaves has been so great as to interfere
with the Agfricultural Products of said Counties-

Adopted January 27, 1863.

Action of taw of Kesolved by the general assembly, that the governor be and he is
sttspeioded " hereby authorized to su.-pend the action of the law passed October

RESOLUTIONS. ISS

third, eighteen hundred and sixty- two, to provide for the public de-
fence, 80 far as it applies to-those countle'S whose loss of slaves by the
presence of the public enemy has been so great as to interfere with
the agricultnral products of such counties.

No. 5. — Resolution requesting: the Govempr to make application to the Se-
cretary of War of tlie Conlederate ISta^ for Passports for Members of the
General Assembly, &c.

Adopted January 12, 1863.

1. Resolved by the general as^emlily, that the governor be and he PaasportB for

. , , ,•-.:. T 1 , i- members.of tbo

18 hereby authorized and requested to apply to the secretary or war genera] a&»em-

of the Confederate States for passports to be issued to the membera ^

of the general assembly of this state, giving them the privilege of

passing at will on any of the rail roads in tlie stale, to and from the

capital, or other place of holding their sessions, during the term for

which they were elected, so that they may be saved the trouble of

renewing their passports from time to time, under any general scheme

of passports which may be put into operation applicable to otiier

persons; and tiiat the governor make a like application for similar Passports for

• state officers

passports tor all the state officers who have occasion to pass to or
from the capital.

2. Resolved, that the foregoing resolution be certified, forthwith, To be certifiws

to governor

after it is adopted, to Governor Letcher.

No. 6. — Resolution in relation to Duration of the present Session of the
General Assembly.

Adopted February 20, 1863.

Resolved, that the present session of the general assembly com- Commencement
menced on the fifteenth day of September last, undet the proclama-
tion of the gov-ernor bearing date on the nineteenth day of August
eighteen hundred and sixty-two, and is not a continuation of the sea-
eioii which was commenced on thf first d;iy of April last, under the
proclamation of the governor of that date, and continued in May
folio wi riff.

No. 7. — Preamble and Resolutions of Instruction to the Senators from Vir-
ginia, iu rc.latiuu to the subject of Impressment.

Adapted March 14, 1863. •

Whereas it is of the utmost importance that a general impress- Preamble
inent law should be passed, so that the burdens of this war should be

124 RESOLUTIONS.

to some extent equalized between tlie citizens of the states of the
Confederate States : and whereas every day's delay in passing an im-
pressment law is acting most injuriousiy and unjustly upon many
citizens of this state, from the fact that their property is being seized,
and the price paid for the same is far below the market value : an.d
whereas the house of representatives of the congress of the Confede-
rate States did, on the day of eighteen hundred and
sixty-three, pass a bill entitled an act to authorize and regulate im-
pressment of private propertj^for the use of the army and other
military purposes, which has been communicated to the senate of
the Confederate States, but has not yet been finally acted upon by
that body : and whereas the general assembly approve the principles
and leading provisions of the said bill as it passed the house :
Therefore,

instrnction to 1. Eesolved by the general assembly, that our senator.-^ are hereby
instructed to urge the passage of the said bill, or such bill as shall as
effectually as possible, secure to the owner of property a just com-
pensation, to be determined by an impartial board of assessors to be
selected equally by both parties, so that it may become a law with as
little delay as possible.

To be fumisiaed 2. Resolved, that a copy of the foregoing preamble and resolution

to senators i^r'-ij^ur

be lumished to each oi our senators.

No. 8. — Resolutions giving authoiity to Justices of the Peace, in a certain '
contingency, to appoint Commissioners of Elections.

Adopted March 30, 1863.

jubtice of peace Rosolved by the general assiembly, that in such of the counties of
commissioners tWs Commonwealth as are in the occupation of the public enemy, so
of elections ^|^^^ ^^^^ sessious of the county courts cannot be held therein^ and
commissioners of elections cannot be appointed, it shall be lawful,
should such counties be temporarily or otherwise restored to our con-
trol, on the day of the next ensuing elections, and the county court
shall not have time to act, for any justice of the peace to appoint
commissioners of elections, and cause such elections to be held in
pursuance of the laws now in force.

No. 9. — Joint Resolutions authorizing the Governor to demand of the Presi-
dent of the Confederate States to deliver C. J. A. Collins, who is confined,
in prison, in North Carolina, to a Justice of the Peace iu Prinze George
County, Virginia, to be tried.

Adopted March 5, 1863.

Preamble Whereas, it is represented and believed, that C. J. A. Collins, a

citizen of Prince George county, in the state of Virginia, and being

RESOLUTIONS. 125

a civilian in no way attached to the military service, was arrested by
military orders, and was delivered to the provost marshal in the city
of Petersburg, on the eighth of July eighteen hundred and sixty-two,
who committed him to jail in said city, where he was confined until
the eighteenth of November eighteen hundred and sixty-two, when
and whence he was sent, under an armed escort, to Salisbury, in the
state of North Carolina : and whereas, according to a memorandum
in writing, furnished by the said provost marshal, as far as the re-
cords of his office show, the said Collins is still restrained of his li-
berty in that foreign jurisdiction : and whereas it is represented that
other citizens of Virginia are in the same category :

1. Eesolved, therefore, by the general assembly, that the governor Application for

T -I ■ T • ^ !•• 1 ■ ^ return of citi-

be requested and is authorized to make application to the president zens imprisoned
of the Confederate States for the return to the jurisdiction of the ^
commonwealth of the said C. J. A. Collins and any other citizens of
Virginia that may now be imprisoned beyond the limits of the state.

2, Eesolved, that the governor communicate any correspondence Correppondence
he may have with the president and 6ther confederate officials on this cated
subject.

No. 10. — Preamble and Resolutions tendering the Thanks of the General As
sembly of Virginia to Major General John B. Floyd, and the Officers and
Men under his command.

Adopted February 28, 1863.

The general assembly of Virginia, satisfied that the exigencies of Preamble
the times require that the whole military strength of the Confederacy
shall be united under one organization, and having under this con-
viction of public duty, transferred by law the state hne under the
comrtiand of Major General John B. Floyd, to the authorities of the
Confederate States, and desirous of expressing to that eminent pa-
triot and gallant soldier their high appreciation of his ability as a
soldier, and of his unselfish course as a patriot, do resolve :

1. That the thanks of the general assembly of Virginia are due Thanks to Gen.
and are hereby tendered to Major General John B. FJoyd, for the °^

zeal, gallantry, ability and untiring devotion which he has exhibited
in the command of the forces of this state.

2. That thfe thanks of the general assembly are also tendered to Thanks to offi
the officers and soldiers under the command of Major General Floyd, ^^^'^

for the efficiency and gallantry displayed by them while in the ser-
vice of the state.

126 RESOLUTIONS.

No. 11. — Joint Eesolutions directing the Auditor of Public Accounts to ac-
company his Biennial Eeport with the outline of a Tax BiU.

Adopted March 31, 1863.

OtJtiine of tax Resolvecl by the general assembly, that the auditor henceforth ac-

blll to b« re- , . i . . , ' • i i i- c ■ i -n i

ported by audi- Company his biennial report ^\itn the outline or a tax bill, snowing —

tor

1. The aggregate amount of revenue proposed to be raised thereby.

2. The estimated amount of revenue expected to be yielded by every
Beparate subject of taxation, and each different class of tax payers,
■with the principle and reasons on which the same is proposed to bo
levied. 3. Any recommendation of new subjects of taxation, or any
Buggestions on the general subject, which he may deem appropriate.

No. 12. — Resolution concerning the Transportation of Salt on Rail Eoads

and Canals.

Adopted March 31, 1863.

Control of i)08rd Resolved by the general assembly, that in giving the board of pub-

of pnblic worku ,. , , , , -i t n , r i

over rail roada, lic works the control over the rail roads and canals tor the transpor-
eexp a tation of salt to be furnished pursuant to the act passed thirtieth
March eighteen hundred and sixty-three, it is likewise the design of
the general assembly that they shduld exejcise like control over said
roads and canals for the transportation of salt due or becoming due
ander the contracts with the counties.

No. 13. — Joint Resolution explanatory of a section of the act imposing
Taxes for the Support of Government.

Adopted March 31, 1863.

Provirfon in fa- Eesolved by the general assembly, that section eighty-three of the

vor of telegraph . . ' • , /■ , , . ,■ i • ■ i

icompaniea act imposing taxes tor tiie support or government, which reads as

follows : " No license shall be construed to grant any privilege be-
yond the county or corporation wherein it is granted unless it be ex-
pressl}' authorized," does not refer to telegraph companies W'Jipse linea
run through more than one county or corporation.

No. 14. — Resolution ratifying the Contract with Stuart, Bachanan &, Co,
Adopted March 30, 1863.

Eatiflcation of Eesolvcd by the general assembly, that the contract entered into
on the twenty-fifth of March eighteen hundred and sixty-three, be*

RESOLUTIONS. 127

tween Robert A, Coghill, chairman of the committee of the senate stnan, Bacha

of Virginia, and 11. B. Tumlin, diairmnn of the committee of the

house of delegates of Virginia, the two committees constituting a

joint committee of the general assembly, on the subject of a supply

of salt, and Stuart, Buchauan and Company, in the following words

and figures :

Articles of agreement, made this twenty-fifth dny of March eigh- Contract
teen hundred and sixty-three, between Robert A. Coghill, chairman
of the committee appointed by the senate of Virginia, and Harrison
B. Tomlin, chairman of the pommittee appointed by the house of
delegates of Virginia, the two committees constituting a joint com-
mittee of the general assembly of Virgmia, on the subject of a sup-
ply of salt, and acting as such, for and on behalf of the common-
wealth, of the first part, and Stuart, Buchanan and Company, of the
second part :

Witnesseth, thai? the said Stuart, Buchanan and Company do pro-
pose, without the right to retract or withdraw the same, the following
terms for the lease and sale of certain real and personal property ne-
cessary for tliQ production of salt for the people of this commonwealth,
and tlie parties of the first part do accept the same on behalf of the
said joint committee — but their action shall not be binding on the
eaid coramitnwealth, unless this agreement shall be ratified and con-
firmed by the general assembly of Virginia, at its present session :

The said Stuart, Buchanan and Company agree to le^ise to the
commonwealth, fur the terra of one year, fully to be completed, com-
mencing on the first day of April eighteen hundi'ed and sixty-three,
and ending one year thereafter, or after the day on which possession *

is actually given, the following property, viz :

1. A portion, from one hundred to two hundred acres, convenient DoscripUoc of
to the " river works," of a certain tract of land, known as the " Pres- ^ ^^^

ton estate," for agricultural purposes; which is to be laid off by the
arbitrators herein after provided fon

2. The ten furnaces, counting the double furnace as hvo, four of
ijjjivhich are now leased and operated by Friend, Chukson, Kelley and

Gardner, and four known as the "river works," including the con-
duits, fixtures, tools used in connection with said furnaces, the dwell-
ing houses and stables at the '■ river works," and all stables and out
houses at the upper works, under the control of Stuart, Buchanan
and Company. And the said commonwealth shall have the privi-
lege of cutii ig, (juarrying and carrying away from any of the lands
,owued by Palmer and Stuart, outside of the Preston and King estates, •

or either of them, stone, wood and timber, and aa "equal right with
the said Staa,rt, Buchanan and Company under their lease, to cut,
,quarry and remove stone, wood and tunber from the King estate and
tiic Preston estate ; but the lease of the four furnaces now held by
Prieud, Glarkson, Kelley and Gardner is subject to the contract of

128 RESOLUTIONS.

lease between them and Stuart, Buchanan and Company : and the
state assumes the position of said lessors as to said lease.

Said Stuart, Buchanan and Company also hind themselves to pump
to the surface and furnish to the commonwealth, salt water sufficient
to supply and to keep in continued operation the said ten furnaces,
to their full boiling capacity ; and this stipulation means and intends
that said supply of brine to the said ten furnaces is to be prior to any
other supply to be furnished' to any other contracting party, and prior
to any right of user of brine by said Stuart, Buchanan and Company:
but it is expressly agreed by the said Stuart, Buchanan and Com-
panj', that the commonwealth may lease or ti'ansfer to any other per-
son the property and privileged hereby intended to be leased or con-
veyed, and that the sub-lessees or transfeiTees shall be entitled to ail
the rights and privileges hereby conveyed to the commonwealth.

Said Stuart, Buchanan and Company agree to sell and deliver to the
commonwealth one-half of all the wagons, harness, horses, mules,
sacks, provisions, forage and other personal property owned by them,
and needful for the manufacture and distribution of salt; also one-,
half of all the wood now cut and in their possession, or contracted
for and cut, and intended to be used by them for the manufacture of
salt ; also to deliver to the commonwealth all the slaves of Col. J. N.
Clarkson hired by them, and one-half of all other slaves hired by
them, at the same rate of hire for the residue of the year, at which
they the said Stuart, Buchanan and Company have hired them ; and
the commonwealth agrees to assume all their liabilities as to said
slaves.

' It is further agreed that said Stuart, Buchanan and Company shall

allow to said commonwealth good and convenient ways to and irom
said furnaces, together with wood yards and appurtenances, aflFording
ample space for conveniently operating said ten furnaces.

Submission to And the said parties of the first and of the second parts, being
1 ra ion, c ^^j^j^jg |.q ^g^ee upon the price to be paid by the commonwealth for
the foregoing lease and purchase and other privileges, do hereby mu-
tually agree that the same shall be submitted to the arbitrament and
award of three disinterested citizens of the commonwealth, or a ma-
jority of them, one of whom shall be chosen by the commonwealth
or her*authorized agent, and one by the said Stuart, Buchanan and
Company ; and the two so chosen to select a third ; and if any of the
said arbitrators should die, fail or decline to act, his place shall be
supplied in the manner in which he was originally selected.

• And the parties of the first part agree that the sum thus ascertained,

by the said board, each one of whom shall be sworn before proceed-
ing to act, shall be paid in confederate currency to the said Stuart,
Buchanan and Company whenever the value is so ascertained and
possession delivered : and they the said Stuart, Buchanan and Com-
pany do agree to receive the same in iull discharge of this contract

EESOLU'riONS. _ 129

to the said Stuart, Buclianan and Company by the commonwealth :
but the commonwealth reserves the right to imj^ress the whole of t^e
property hereby intended to be conveyed, if the said Sruart, Buchanan
and Company shall not in good faith execute this contract in all its
parts.

Witness the following signatures :

R. A. COGHILL,

'* Cli'n of Seriate Committee.

H. B. TOMLIN,

C/i'n of House Committee.

STUART, BUCHANAN & CO.
—be and the same is hereby ratified^ and confirmed.

No. 15. — Preamble and Resolution advising the people of the Common-
wealth in relation to the increase and preservation of certain Agricultural
Productions and Supplies.

Adopted March 31, 1863.

The general assembly of Virginia, 'inoved by a deep sense of the Preambi?
importance, at this time, of raising, above all things, an abundance
of j)rovisiong and of forage for the uses of our armies and of the peo-
ple at large ; confident in our ampl.e resources of production, as well
as in the public spirit and patriotic zeal of our citizens ; and fearing
no deficiency or serious inconvenience, beyond what at all times may
occur from unfavorable seasons, except such as might result from
over confidence in those resources, or from not sufficiently adverting
to the large space of our territory temporarily disabled from furnish-
ing its usual contribution to the public wants, and to other conside-
rable portions of the Confederacy cut off for the present from their •
usual sources of supply ; but still deeming it their highest duty to
guard as far as pos^nble, against even the chance of so great a cala-.
mity as a scarcity of provisions, do therefore resolve :

That they earnestly recommend to every citizen of the state increaee of a^r
' that he shall aim to increase, greatly beyond his usual amount, all his duct"! &c"^&c.
agricultural products of every kind whatsoever ; his grain and his recommended
grass crops; his live stock; his fruits and his garden vegetables;
every thing, indeed, tliat goes to the sustenance of man and beast,
before he shall apply his labor to any other object or employment
whatever ; that he constantly practice frugality in using his resources
of food, and bear iu mind always to consume first what is most per-
ishable, in order that he may husband his whole stock to the best
advantage ; and they enjoin it upon and make it the special charge of
every justice of the, peace throughout all the state, not occupied by
the enemy, to visit his nei|'hbors and urge it upon them to act
promptly and effectually on this recommendation, as a work of true
patriotism, a sacred duty to the cause of the independence and safety

130 RESOLUTIONS.

of the Confederate States, and as furniehing to the world the evidence
of their firm and immovable determination to incur every sacrifice,
and to omit no efi"ort that may l)e necessary to the success of that
holy cause.

No. 15. — Ecsolutlons authorizing the County and Corporation Courts to
prepare and preserve a durable Eecord of the Name.s and Deeds of Con-
^icuous Mi'rit of all who have or shall have served honorably in our
armies in the present war.

Adopted March 19, 1863.

Record to bo 1. Rcsolved by the general assembly, that the court of any county

ft.^rving hooo""^ and Corporation of this state shall be authovized to purchase and pre-
biyinthewar g^^xe among its archives a suit*able book, wherein, under the super-
inte«deuoe and direction of such court, shall be inscribed the names
of all persons belonging to such county or corporation, who have, or
shall have, in any capacity, served honorably in the armies of the
Coijfederate States or of this state, in the present war ; and also, in
a form to be approved by, and on proofs satisfactory to all the mem-
bers of any such court, sitting as such, a concise record of any acts
of conspicuous merit that shall, have been performed by any such
• person.

Plan, &c. to bo 2. That a plan of such book, tabulated in the manner of the army
farnblhedby I'olls, but With such changes as may be deemed advisable, shall be
£i4jutant genera! p^-epared by the adjutant general, subject to the approval of the
governor; and when so approved, books, prepared in conformity
thereto, shall, as applied for by any such county or corporation court,
be furnished, at its expense, to any such court, by the adjutant gene-
ral, together with lists, extracted from the array rolls in his posses-
sion, of all persons found listed therein as belonging to such county
• or corporation.

No. 17. — Resolutions authorizing the disbanding of the State Line, &.C,
' Adopted March 24, 1863.

i>ij5banded 1- Eesolved by the senate and house of delegates, that the forces

heretofore known, as the " state line" and " partizan rang(jr8," be
and they are hereby disbanded on and after the first day of April
eighteen hundred and sixty-three.

state arms, &c. 2. Kcsolved, that the governor be instructed to use all proper dili-
andlrMiBf^rred gGfce in collecting the state arms and other public property in their
Mvernme"r^ possession, and to proceed, as far as can be done under existing cir-
cumstances, to execute the provisions of the act of assembly, by
transferring the arms and other public propertv^ to the confederate
ProYiao government : provided, that all persons belonging thereto may volun-

teer, or if subject to conscription, may be conscripted into the mili-
tary service of the Confederate States at any time prior to said date.

SEPARATE ELECTION PRECINCTS.

Accomack-^Couxt-honse ; Chingoteague ; New Church ; Corbin and Metcher's ; Mapp*s ;
Cruilford ; Newstown ; Onancock ; Pungoteague.

Albemarle — Court-house; Lindsay's Turnout ; Everettsville ; Stony Point; Earleysville;
Blackwell's; FreeUni^n; Whitehall; Woodville; Batesville; Hillsborough; Crossroads;
Covesville; Porter's ; Warren ; Wing^field's ; Milton; Scottsville ; Monticello House ; How-
ardsville.

Alexandria — Five districts— ^Identical with magisterial districts.

Alleghany — Court-house ; Robert Skeen's Hotel ; John O. Taylor's ; George Stall's ; Cliif-
ton Forge; Jabez Johnston's ; Griffith's Mill ; Fork Run.

Amelia — At the same place as magisterial elections.

Amherst — New Glasgow ; New Hope; Oronoco; Chestnut Grove; Folly; Temperance;
Pedlar Mills ; Elon ; Court-house ; Buffalo Springs.

Appomattox — Court-house; Union Academy; Wesley Chapel ; Hamner's; Spdut Spring ;
Oakville.

Augusta — Court-house; Waynesborowgh; Middlebrook; Spring Hill; Mt. Meridias;
Greenesville ; District No. 2, Staunton ; Mt. Sidney ; Stuart's Draft ; Fishersville; Churcfe-
ville; New Hope; Craigsville; Deerfield ; Mt. Solon; Swoop's Mill; Midway; Newport-

Barbour — Court-house ; Burner's ; Nutter's ; Bartlett's ; Mitchell's ; Yeager's ; Glacj
Creek ; Holtsberry's ; Coal Precinct. -

Batk — Court-house ; Cedar Creek ; Hamilton's ; Cleek's Mill ; Williamsville ; Milton ;
Green Valley.

Berkeley — Court house ; Billingre's Hotel ; Mill Creek ; Hedgesville ; Falling Waters ;
Robinson's Mill ; Gerrai'dstown ; Oak Grove ; Glen Spring; Crossroads. •

Boone — Court-house ; Adkins' on Mud river ; Adkins' on Big Coal ; Lawrence's ; Curtiss' ;
Daniel Laurel's ; Thompson's Mill ; Miller's.

Botetourt — Court-house; Mountain Union ; Carver's; Buchanan; Rocky Point Mills ^
Jackson ; Junction Store ; Dibrell's Spring ; Amsterdam.

Braxton — Court-house ; Trjplett's ; Rilney's ; Cool's ; John Crite's former Residence ;
Christian Moda's former Residence ; Haymond's Mill ; Cunningham's ; Saulsberry ; Stene-
street ; Jacob P. Conrad's.

Brooke — At same place as magisterial elections ; Goodwill School-house.

Brunswick — Court-house ; Benton Precinct ; Trotty's Store ; Oak Grove ; Lucy's Store ;
Smoky Ordinary ; Nicholson's Precinct.

BMcii«o'//am— Court house ; Stanton's Shop ; New Store ; Wright's ; Curdsville; Allen'e.

1132 SEPARATE ELECTION PRECINCTS.

Cabell — Court-house ; Guyandotte ; Laidle j's Store ; Spurlock's ; Doolittle's Mill ; Bar-
rett's Precinct ; McComas' ; Falls of Guyandotte ; Killgore's Precinct ; Peter Buffington's.

Campbell — Places the same as for magisterial elections.

Caroline — Court-house ; Reedy Church ; Oakley '3 ; Needwood ; Sparta ; Pitts' ; Port
Eoyal; Sycamore; Golansville; Madison's.

Carroll — Court-house; Polly Quesenberry's ; Thomas Quesenberry's ; Laurel Fork; Kin-
Kpy's ; Easter's ; Newman's ; Sulphur Springs ; Eichard Haynes' ; Nathaniel Haynea'.

«
Charles City — Court-house ; Delarue's ; Ladd's ; Waddell's ; Apperson's ; Vaiden's.

Charlotte — Court-house ; Keysville ; Smith's Tarern ; Clement's ; Wyliesburg ; Roby's
Shop ; Hawrey's Store ; Matthews & Smith's Store.

Chesterfield — Court-house ; Britton's Shop ; Shell's Tavern ; Manchester ; Robinson's
Store; Clover Hill.

Clarke — Com-t-house ; Russell's Tavern : "White Post ; Millwood ; Royston's Tavern ;
Comer's Toll-gate.

Craig — Court-house ; Carper's Tavern ; Walker's Store ; Scott's Tavern : Martin Huff-
man's ; George Sarver's.

Culpeper — Court-house ; Rixy ville ; Colvin's ; Stevensburg ; Pottsville ; Gathright's ;
Wellsborough; Griffinsburg.

Cumberland — Court-house; Tavern Precinct ; Oak Forest; Irwin's.

Dinwiddle — Court-house; Billups' ; Goodwynsville ; Williams' Shop; Darvill's; Wil-
liams' ; Sutherland's.

Doddridge — Court-house ; Allen's ; Bond's ; Key's ; Davis'.

f^lizabeth City — Court-house ; Liveley's Ordinary ; Fox Hill.

Essex — Court-house ; Occupacion ; Lloyd's ; Miller's ; Bestland ; Centre Cross.

Fairfax — Court-house ; Crossroads ; Arundel's ; Sangster ; Ross' ; Dranesville ; Anan-
dsile ; West End ; Accotink ; Centreville ; Falls Church ; Fars ; Bayless ; Pulman's.

Fauquier — Court-house ; Plains ; Salem ; White Ridge ; Farrowsville ; Orleans ; Liberty ;
Momsville; Paris; New Baltimore ; Rectortown; Weaversville ; UppeivUle.

Fayette — Court-house ; Blake's ; Gauley Bridge ; Fleshman's ; Lewis' ; Keeney's ; Ter-
ry's ; Coleman's.

Fluvanna — Court-house ; Howard's Store ; Columbia ; Morris' Store ; Kent's Store ; Ha-
deia's Store ; Bashan and Snead's ; Bledsoe's ; Union Grove.

Franklin — Court-house; Allen's; Union Hall; Booth's Store; McVey's Tanyard;
Helm's ; Dickerson's ; Kinsey's ; Richland Grove ; Bush's Store ; Sydnorsville ; Snow
Creek ; Aldridge's Store.

Frederick — Court-house ; Engine-house ; Gwinn's Tavern ; Hoover's Tavern ; Newtown ,
Middletown; Russell's; Anderson's; Brucetown; Swhier's; Cole's School-house; Pugb-
town.

Giles — At the same places as magisterial elections ; Howe's Hotel.

. Gilmer — Court-house; Jerkland: Burke's; Widow Stump's; De Kalb's; Peregrine Hays' .
ISnot^'s; Hewett's; Troy,

SEPAEATE ELECTION PRECINCTS. 133

Goochland — Court-house ; Little Store ; Perkinsville ; Smith's Shop ; Mills' ; Holland's ;
Poor's; Jennings'.

Gloucester — Places the same as for magisterial elections.

Greenbrier — Court-house ; Blue Sulphur Springs ; Lick Creek ; Anthony's Creek ; Spring
Creek; Southside; Lewisbui'g; White Sulphur; Miller's; Irish Comer; Williamsburg;
Frankfort.

Greene — Court-house ; Ruckersville ; Tenill Shiflett's ; McMullansville.

Greenesville — Court-house ; Eyland's Depot ; Blunt's Jlill ; Poplar Mount.

Halifax — Court-house; Meades^ille; Mount Carmel; Halifax Springs ; High Hill; Hud-
son's ; Garrett's Store ; Whiteville ; Republican Grove ; Brooklyn.

Hampshire — Courthouse; John Liller's; Miers'; Burlington; Taylor's; Doyles"';
Thompson's; Lupton's; Eisner's; Lovett's ; Mj's. Offutt's; Stump's; Fority; Sherrajd's
School-house; Hash's; Blair's; Arnold's; Piedmont.

Hancock — Court-house ; Holliday's Cove ; New Manchester ; Aton's School-house.

Hanover — Court-house ; Hughes' ; Jones' Crossroads ; Negrofoot ; Dontonsville ; CoM
Harbor ; Ashland,

Harrison — Court-house; Shinnston; Union Meeting-house; West Milford; Lumbei-
port ; Bridgeport ; Davis' ; Lynch's ; Sardis ; Swisher's Mills.

Henrico — Court-house ; Kidd's ; Sweeney's ; Alley's ; Lovingsteine's ; Dickman's ;
Hughes'; Walkerton; Hungary.

Henry — Court-house ; Rough and Ready ; Irisburg ; Oak Level ; Leatherwood ; Eid^^-
way ; Horse Pasture.

Highland — Monterey; Ruckmansville ; Wiley's; Crab Bottom; Doe Hill; McDowell;
Pulhns' School house ; Gwin's.

Jackson— Ripley ; Click's ; Jones' ; Range's ; California ; Depue's ; Three forks ci
Reedy ; Trumansville ; Ravenswood ; Squire Slaven's ; Murrayville ; iloor's Miil ; Me-
<Jrew's Mill.

James City — Court-house ; Burnt Ordinary ; York River.

Jefferson— Eight districts — Places the same as for magisterial elections.

Kanaioha — Court-house; Fleetwood's; Richards'; Bradley Low's; Atkinson's Mill ■,
Altzs'; Gouts' Mouth; Dog Creek; Givens'; Maiden; Fork Coal; Harper's; Gatewood's;
Mouth Sandy ; Brooks' Store.

King George — Court-house ; Hampstead ; Clifton ; Shiloh.

King &f Queen — Court-house ; Clark's Store ; Stevensville ; Newtown ; Centreville.

King William — Court-house ; Plain Dealing ; Aylett's ; Lanesville.

Lancaster — Court-house ; Litwalton ; Kilmanock ; White Stone.

Lewis — Court-house; McLaughlin's Store; Jane Lew; Freeman's Creek; Skin Creek;
Hall's Store ; Leading Creek ; Collins' Settlement.

Logan — Same places as for magisterial elections.

Loudoun — Court-house ; Waterford ; Lovetsville ; Hillsborough ; Waters' ; PurceiFs
Store; Snickersville ; Union; Middleburg; Mt. Gilead; Gum Spring; Whaley's; Gores ville.'

134 SEPARATE ELECTION PEECINCTS.

Louisa — Courthouse; Free Union; Hopkins' Mill; Trevilian's; Bell's Crossroads ; Wal-
ton's Tavern ; Terrell's Store ; Parrish's Store ; Frederickshall ; Bumpass' Turnout; Thomp-
son's Crossroads ; Isbell's Store ; Hope's Tavern ; Gentry's Store ; Cosby's Tavern.

Lunenliurg — Court-house ; Brown's Store ; Pleasant Grove ; Knight and Oliver's Mill ;
Itochlomond ; Bagley's Store ; Jordan's Store.

Madison — Court-house ; Stony Hill ; Criglersville ; Huffman's Mill ; Graves' Mill ; Ea-
pidan Meeting house ; Fleshman's Shop ; Locust Dale.

Marion — Places the same as those for magisterial elections, and at Glover's Gap.

Marshall — Court-house ; Pleasant Hill ; Jones' Hotel ; Bleak's School-house ; Parsons'
Precinct; Mouth of Fish Creek ; Sand Hill; Crossroads; Smart's School-house; Burley's;
Terrill's School-house ; Big Eun ; Fair View ; Linn Camp.

Mason — Court-house; Berriage Precinct; Love Precinct; Bamett Precinct; West Co-
lombia ; Neaso Precinct ; Eighteen Mile Precinct ; Grigg's ; Sixteen Mile Precinct ; Thir-
tesiQ Mile Precinct.

Mattheics — Same places as for magisterial elections.

Mecklenburg — Coiirt-hou.se; Jones'; Edmundson's; Clarkesville ; Eeeke's ; Overby's ;
Wright's ; Harwell's ; Christiansville ; Gillespie's.

Middlesex — Jamaica ; Saludo ; Sandy Bottom.

Monongalia — Court-house; Guseman's; Jones'; Osburn's; Ross'; Lofter's; Cassville;
Cristiman's; Laurel Point; Cox's; Moore's Eiver ; Tenant's; Dowall's; "Warren.

Monroe — Court-liouse; Dickson's; Miller's Store; Eollinsburg; Mrs. Peck's; Eed Sul-
phur ; Haynes' ; Centreville.

Montgomery — Court-house ; Guerrant's : Peterman's ; Price's Forks ; Keister's ; Crum-
packer's; Lafayette; Kent and McConkey's ; Eough and Eeady; Lovely Mount.

Morgan — Court-house ; Lowe's ; Baker's ; Unger's ; Hume's ; Swann's ; Miller's.

Nansemond — Court-house; Hargrove's Tavern; Harrison's Shop; Holyneck; Chucka-
tack; Somertori; Darden's Store ; Cypress Chapel.

Nelson — Fortune's; New Market; Faber'sMill; Greenfield; Massie's Mill ; Eoberts'.

Nctc Kent — Court-house ; Barhamsville ; Chandler's Store ; Eatcliff 's Tavern.

Nicholas — Court-house; Taylor's; Brown's; Neil's; Dunbar's; Nutter's; Sawyer's;
Pierson's.

Norjolk City — Four Wards.

Norfolk County — Court-house ; Glebe School-house ; Sycamore's ; Deep Creek ; School-
iiouse, District No. 2; School-house in Providence; Pleasant Grove School-house; Butts'
Eoad School-house.

Northampton — Cotirt-honse ; Bay View; Franktoven; Johnsontown ; Capeville.

Northumberland — Court-house ; Lottsburg ; Burgess' Store ; Wicomico.

Nottoway — Court-house ; Jennings' Ordinary ; Wilson and Jones' ; Blackfare.

Orange — Court-house; Barboursville ; Thomas Smith's; Thomas Rhoade's; Locust
Grove.

Page — Court-house; Honey ville; Oalcham; George Price's Mill; Springfield; Mohlcr's
Mill ; Rileysville ; Prunty's Mill.

SEPARATE ELECTION PRECINCTS. 135

Patrick — Court-house; Robertson's; Aldridge's and Lee's ; Penn's Store; Carter's Store ;
Hancock's ; Elaaisville ; Slusher's ; Connor's ; Shilor'a ; Gates' ; Mankia's.

Pendleton — Franklin; Harper's; Kiser's; Vint's; Cowyer's Mill; Mallow's; Seneca;
Circleville.

Petersburg — Centre "Ward ; East Ward ; South "Ward ; "West Ward.

Pittsylvania — Court-house; Danville; Spring Garden; Wbitmell; Cascade; Smith's;
Beaver's; Riceville; Eorer's; Strail's Store;' White's; Laurel Grove; Chalk Level;
Mooman's.

Pleasants — Court-house; Spring Run; Sugar Creek; Pine Grove; Halo's Mill.

Pocahontas — Four districts^-Places of election the same as for magistrates.

Puicluitan — Coxirt-house ; Clarke's Mill ; MacoH ; Sublett's.

Preston — Brandonville ; Miller's; Burnel's; Feather's; Snuiniit School-house; Germany;
^^raham's; Huddlesin's ; King wood; Martin's; Independence; Ev-ansville; Nine's; Funk's.

Princess Anne — Court-house; Kempsrille; London Bridge; Capp's Shop; Creed's
Bridge; Biackwater.

Prince Edicard — Court-house ; Marble Hill ; Spring Creek ; Prospect : Farmville ; Sandy
E-iver.

Prince George — Courthouse; City Point; Lilley'e School-house; Tuttle's Precinct;
Hariisou's Store; Templeton.

Prince William — Dumfries; Cole's; Occoquan: Reeve's; BrentsvilJe; Ivinchelon's ;
Haymarket; Ludley„

Pulaski — Court-house; Brown's; GalbreatVs ; Rnper's; Thorn Spring Camp.

Putnam — Court-house; Bailey's; Pocatalico; Alexander's; Red House; Jones'; Hurri
«ane Bridge; Wheeler's; Buti'alo; Eighteen Mile Precinct.

Raleigh — Same places as magisterial elections.

i?anrfo/p/*^Court-house ; Pennington's ; Minear's ; Taylor's ; Kemp's ; Lee.
Rappahannock — W^ashington ; Sperry ville ; Yatej' ; Amissville ; Catherine Deatheridge
Richmond City — Jefferson Ward ; Madison Ward ; Monroe Ward.

Richmond County — Court-house; Stony Hill; Tavern-House; Faraham Church; Lyell's
.•Store.

Ritchie — Harrisville; Skelton's ; Leedan's ; Ireland's; Deems'; Eawson's; Tebbs';
Murphy's.

Roanoke — Court-house ; Big Lick ; Cave Spring ; Barnett's.

Rockbridge — Court-house; Brownsburg; Fairfield; Nfatural Bridge; Collierstown; Kerr'a
Creek; Trt^vey's; Hamilton's School-house; Paxton's School-house; Wilson's Shop; Broad
Creek; Goshen. *

Rockingham — Harrisonburg; Keezletown; McGaheysville ; Conrad's Store; Spartapolis;
Hentou's Mills; Gordon's Store; Bowman's Mill; Timberville; Menonite School-house;
Bridgewater; Ottobine; Wiftig's Store; Sprinkle's Store; Taliaferro's Store; Port Republic;
Mount Crawford ; Samuel Coots'.

1-36 SEPARATE ELECTION PRECINCTS.

Russell — Court-house; Grizle's; Pound; Holly Creek; Guest's Mountain ; Castlewood's;
Fugate's; Hanson's; Aston's Store; Cook's Mills; Dorton's; Baylor's Store; Gibson's;
Hendrick's Store.

Scott — Court-house ; Wineger's ; Hart's ; Smith's ; Puilleng's ; Nickelsville ; Alley's ;
(Osborne's Ford ; Stony Creek ; Peters' ; Rye Cove ; Carter's ; Neil's ; Roller's.

Shenandoah — Court-house; Strasburg; Crossroads Meeting-house; Conner's Church;
Town Hall; Keller's School-house; Edinburg; Columbia Furnace; Mount Jackson;
Crossroads School-house ; New Mai-ket ; 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' ; Chanceror's.

Stafford — Court-house ; White Oak ; Master's ; Tackett's Mill ; Falmouth ; Coakley's ;
Harwood's ; Acquia.

Southampton^-ConTt-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; Comann's Mill; Henry; Stony Creek; Newville; Owen's Store.

Taylor — Court-house ; Mahaney ; Eeed's ; Claysville ; Kuottsville ; 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 ; Dan-
I'.er's; Sistersville ; Pleasant Mills.

Upshur — Court-house; Reedy Mills; Simpson's Mill; Posty; Marples; Marshall's;
("hesney'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 — Courthouse; Clark's; Davis'; Waterman's; Merchant's; Gobble's; Mills';
Worley's ; Williams' ; Morell's ; FuUen's School-house ; Clark's ; Kelly's School-house ;
Delusko Mills ; 0ns' ; 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; Cohorn's; Ice's;
Willey's School house. . '

Williamsburg — Court-house.

Wirt — Court-house; Foster's; Potty's.

Wood — Precincts at the same places as election for magistrates.

Wyoming — Court house ; Gad's ; Rhineheart's ; McKinney's ; Bailey's ; Lester's.

Wythe — Eight districts — Precincts at same places as for election of magistrates.

ForA:— Three districts — Precincts at the same places as for election of magistr^ttes, '

TABLE

Showing the Times J9r the Commencement of the Regular Terms of each Circuit,
County and Corporation Court.

Counties

CirciTit courts.

County and corpora-
tion courts.

County and corporation

and corporations.

When terms commence.

Monthly terms.

courts. Quarterly

terms.

CirrMlts.

Accomack,

iBt Monday in May and 1st

day of November,

Last Monday,

March, May, August

, Novem.

Albemarle,

10.

2d Monday in May and Oct,

First Monday,

Do. June, do.

do.

Alexandria,

3d Monday in May and 2d

Monday in November,

Fourth Monday,

Feb'y, May, do.

do.

Alleghany,

14.

13th April and September,

Third Monday,

March, June, do.

do.

Amelia,

25th April and 20th Oct'r,

Fourth Thursday,

Do. May, do.

do.

Amberst,

10,

22d March and August,

Third Monday,

Do. June, ' do.

do.

Appomattox,

21st April and September,

Thursday after Ist

Monday,

Do. May, do.

do.

Augusta,

11.

1st June and November,

Fourth Monday,

Do. do. do.

Octo'r.

Barbour,

21.

8th May and October,

First Blonday,"

Do. June, do. — Novem.

Bat"!),

11.

15th May and October,

Second Monday,

Do. do. do.

do. .

Bedford,

25rh April and September,

Fourth Mobday,

Feb'y, May, July,

do.

Berkeley,

13.

24th April and September,

Second Monday,

March, June, August, do. •

Boone,

15.

2d Monday after 4th Mon-

Wednesday after 2d

day in April and Si^pt'r,

Monday,

Do. do. *).

do.

Botetourt,

14.

1st April and September,

Second Monday,

Do. do. do.

do.

Braxton,

19.

27th April and September,

First Tuesday,

Do. do. do.

do.

Brooke,
Brmisi*ick,

20.

18lh March and August,

Last Monday,

Feb'y, May, July,

do.

27th March and 2d Oct'r,

Fourth Monday,

March, do. August, do.

Buckingham,

5th April and September,

Second Monday,

Do. do. do.

do.

Cabell,

18.

27th March and August,

■ Fourth Monday,

Do. June, do.

do.

Calhoun,

19.

12th April and Septembei*,

First Tuesday after

4th Monday,

Do. do. do.

do.

Campbell,

18th May and October,

Second Monday,

Do. do. do.

do.

Caroline,

1st March and 18th Sept'r,

Second Monday,

Feb'y, May, do.

do.

Carroll,

16.

MondHy before last Monday

in March and August,

First Monday,

March, June, do.

do.

Charles City,

ISth May ;Hnd November,

Third Thursday,

Do. May, do.

do.

Charlotte,

25th March and August,

First Monday,

Do. June, do.

do.

Chesterfield,

7ih May and I2th Nuv'r,

Second Monday,

Do. do. do.

do.

Clarke,

13.

12th M;iy and. October,

Si-cond Monday in
June and 4th iu

other months,

Feb'y, May, July,

Octo'r.

Clay,

15.

Ist April and September,

Second Monday,

March, June, August, Novem.

Craig,

14.

15th Mwrch and August,

Fourth Monday,

Do. do. do.

do.

Culpeper,

10.

Isf Mondiy June and Nov.

Third Monday,

Do. May, do.

do.

Cumberland,

5th March and August,

Pourrh Monday,

Feb'y, do. July,

Octo'r.

Danville,

22d Mnrch and August,

Thursday after 2d

Monday,

March, June, August, Novem.

Dinwiddie,

20th March and 26th Sept,

Third Monday,

Do. May, do.

do.

Doddridge,

19.

22d May and October,

Fourth Monday,

Do. Jnue, do.

do. .

Elizabeth, City,

15tli March and September,

Fourth Thursday,

Do. May, do.

do.

Essex,

25th April and 12th Nov'r,

Third Monday,

Do. do. do.

do.

Fairfax,

1st Monday June and Nov

Third Monday,

Do. June, do.

do.

Fauquier,

Tuesday after 1st Moirday

in April and September,

Fourth Monday,

Do. May, do.

do.

Fayette,

15.

7th June and November,

Thursday after 2d

Tuesday,

Do. June, do.

do.

Floyd,

16.

1st Monday April and Sept

Thursday after 3d

Mondny,

Do. do. do.

do.

Fluvanna,

10.

10th April and September,

Fourth Monday,

Do. May, do.

do.

Franklin,

15th May and October,

First Ml m day.

Do. June, do.

do.

Frederick,

13.

10th June and November,

Monday before Ist

Tuesday,

Do. do. do.

do.

Fredericksburg,

20th May an/ October,

Second Thursday,

Do. do. Octo'r,

Decern.

Giles,

15,

Second Monday,

Do. do. August, Novenio

Gilmer,

19.

19th April and September,

Tuesday after 3d

Monday,

Feb'y, do. do.

do.

Gloucester,

13rh April and October,

First Mrinday,

March, May, do.

do.

Goochland,

10.

1st April and September,

Third Monday,

Do. do. do.

do.

Griiyson,

16.

4th Monday April and Sept,

Fourth Monday,

Feb'y, do. July,

do.

Gre»-nlirier,

14.

Ist May and October,

Fourth Monday,

March, June, August

do.

Greene,

10.

3d Monday June and Nov.

Wednesday after 2d

Monday,

Do. do. do.

do.

Greenesville,

28th April and 2d Nov'r,

First Monday,

Do. May, do.

Octo'r,

138 .,

TIMES AXD PLACES OF COUETS.

Counties

Circuit courts.

County and corpora-
tion courts.
Monthly terms.

County and corporation

and corporations.

When terms commence.

courts. Quarterly

terms.

Circuits.

Halifax,

1st May and October,

Fotjrth Monday,

HjuTch, June,
Do. do.

Aug't,

Novem.

Hampshire,

13.

1st April and September,

Fourth Monday,

do.

Hancock,

20.

10th March and August,

Tuesday after 2d

Monday,

Jan'y, April,

June, October.

Hanover,

10th March and 26th Sept

Fourth Tuesday,

Feb'y; April,

July,

Novem'r.

Harrison,

21.

15th April and September,

First Monday,

March, June,

August, do.

Hardy,

12.

2Uth April and September,

Monday before 1st

■

Tuesday,

Do. do.

do.

Henrico,

23d April and October,

First Mooday,

Do. May,

do.

H(Miry,

1st April and September,

Second Monday,

Do. June,

do.

Highland,

12.

2d May and October,

Thursday after 3d

Monday,

Do. May,

do.

Octo'r.

Isle of Wight,

16th May and 18th October,

First Monday,

Do. June,

do.

Novem.

Jackson,

18.

2d May and October,

Second Monday,

Feb'y. do.

do.

James City and

Williamnburg,

25fh May and November,

Second Monday,

March, do.

do.

Octo'r.

Jefferson,

13:

20th May and October,

Second Monday in
June and October,

3d in other months.

. Do. do.

do.

Kanawha,

18.

27th May and October,

Third Monday,

Fe.b'y. do.

do.

Novem.

King- George,

23a March and 12th Sept.

First Thursday,

March, do.

do.

King & Qneen,

2d May nnd 19th Nov'r,

First Thursday,

Do. May,

do.

King William,

13th May and 25th Nov'r,

Fourth Monday,

Do. do.

do.

Lancaster,

15th April and 2d Nov'r,

Third Monday,

Do do.

do.

Lee,

17.

2d Monday after 4th Mon-

day in April and Sept'r,

Do. June,

do.

Lewis,

19.

8th May and October,

Second Monday,

April, do.

do.

Septem,

Began,

15.

1st Monday after 4th Mon-

day in April and Sept'r,

Third Monday,

March, do.

do.

Novem.

Loudoun,

4th Monday in April and 3d

Mond;iy in October,

Second Monday,

Do. do.

do.

Louina,

10.

20th April and September,

Second Monday,

Do. do.

do.

Lunenburg,

13ih April and 8th Oct'r,

Si'cond Monday,

Do. May,

do.

Lynchburg,

3d June and November,

First Monday,

Do. June,

do.

Octo'r.

Madison,

10.

1st Mondny Mar. and Aug.

Fourth Thursday,

Feii'y, do.

do.

Marion,

21.

lOtli June and November,

First Monday,

March, do.

do.

Novem.

Marshall,

2<>.

1st May and October,

Third Monday,

Do. do.

do.

Matthews,

6th April and September,

Second Monday,

Do. May,

do.

Mason,

18.

18th April and September,

First Monday,

I'Vh'y, June,

. do.

do.

Mecklenburg,

2 1 April and i5th Sept'r,

Third Monday,

Do. May,

do.

Mercer,

15.

27th May and October,

Thursday after 2d

Monday,

March, June,

do.

McDowell,

17.

1st Monday Mar. and Aug.

Second Monday,

Do. do.

do.

Middlesex,

1st April and October,

Fourth Wednesday,

Do. May,

do.

.do.

Monongalia,

20.

1st April and September,

Fourth Monday,

Do. June,

do.

do. ■

Monroe,

14.

12th Mav and October,

Third Monday,

Do. do.

do.

Montgomery,

ifi.

2d Monday in Ap'l and Sep.

First Monday,

Do. do.

do.

Morgan,

13.

6tli May and October,

Fourth Monday,

Do. do.

Sept.

do.

Kansemond,

15.

ifith Aijril and 12tli Oofr,

.Spcond Monday,

Do. do.

Aug.

do.

Nelson,

10.

27ih April and September,

Fourth Monday,

Feb'y, May,

July,

do.

New JCent,

10th May and November,

Second Thursday,

March, do.

Aug.

do.

Nicholas,

15.

6th April and September,

Monday before 2d

Tuesday,

Do. June,

do.

Norfolk city.

Ist June and 15th Nov'r,

Fourth Monday,

Feb'y, April,

July, October.

Norfolk county.

Ikc April and 28th Sept'r,

Third Monday,

March, June,

Aug't

Novem,

Northampton,

3il Monday in Ap'l and .Sep.

Second Monday,

Do. do.

Sept.

do.

Northumberland,

9th April and 2Sth Oct'r,

Second Monday,

Do. May,

Aug.

do.

Nottoway,

20th April and 15th Oct'r,

First Thursday,

Do. do.

do.

Ohio,

10th Mwy and October,

First Monday,'

Feb'y, July,

Sept'r,

Decern.

Orange,

10.

Ist May and October,

Fourth Monday,

March* May,

Aug't,

Novem.

Page,

11th April and September,

Fourth Monday,

Feh'y, dK

July,

do.

Patrick,

12th April and September,

Fourth Monday,

Do. do.

do.

Pendleton,

12.

27th April and September,

Thursday after 1st

Tuesday,

March, June

Sept'r

, do.

Petersburg,

22d May, 16th November,

Third Thursday,

Do. do.

do.

Decern.

Pittsylvania,

28th May and October,

Third Monday,

Do. do.

Aug.

Novem.

Pleasants,

19.

30th May and October,

Thursday after 2d

Monday,

Feb'y, May, July, October.

Pocahontas,

23d April and September,

Fir.st Tuesday,

Mnrch, June,

Aug't

Novem.

Powhatan,

2d May and 27t,h October, .

First Wednesday,

Do. di>.

do.

Octo'r.

Preston,

2\.

18th March and August,

St'cond Monday,

Feb'y,- May,

July,

Novem.

Princess Anne,

25th May and 22d Sept'r,

First Monday,

March, June,

Aug.

do.

Prince Edward,

15th March and August,

Third Monday,

Feb'y, May,

July,

do. .

Prince George,

l7th May and 12th Nov'r,

Second Thursday,

March, do.

Aug't

do.

Prince William,

2d Monday in May and Oct.

First Monday,

Do. June,

do. .

do.

Pulaski, .

16.

3d Monday April and Sep.

Thursday after Ist

Monday,

Do. do.

do.

Putnam,

18.

8th April and Si>pteniber,

Fourth Monday,

Do. do.

do.

Raleigh,

15.

3 1 Monday April and Sep.

First Monday,

Do. do.

do.

Baiidolph,

21.

26lh May and October,

Fourth Monday,

Do. do.

Ao.

do.

TIMES AXD PLACES OF COURTS.

139

Counties

Circuit courts.

County and corpora-
tion courts.
Monthly terms.

County and corporation

and corporations.

When terms commence.

courts. Quarterly

terms.

Circuits.

Rappahannock,

3d Monday in March and 1st

Monday in October,

Second Monday,

March, May, Augrnst

Novem.

Richmond city,

1st May and November,

Second Monday.

Jan'y, Ap'l, July,

Oeto'r.

Richmond co.

3d April and 23d October,

First Monday,"

March, May, Angnst

Novem.

Ritchie,

19.

15th AprU and September,

Tuesday after 1st

■ Monday,

Feb'y, June, do.

do.

Roane,

18.

17th May and October, .

First Monday,

Jan'y, Ap'l, July,

Sept'r.

Roanoke,

14.

22d March and August,

Third Monday,

March, June, Aug't,

Novem.

Rockbridge,

11.

12th April and September,

Monday before 1st

Tuesdav,

Do. do. do.

do.

Rockingham,

12.

11th May and October,

Third Monday,

Feb'y, May, do.

do.

Russell,

17.

4th Monday April and Sep.

Tuesday after Ist

Monday,

March, June, do.

do.

Scott,

17.

3d Monday after 4th Mon-
day April and Sept'r,

Tuesday after 2d

Mfciday,

Do. do. do.

do.

Shenandoah,

12.

30th 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,

2d May and 7th October,

Third Monday,

Do. do. do.

do.

Spotsylvania,

20th May and 6th Oct..ber,

First Monday,

Do. 'do. do.

do.

Stafford,

4th Monday Mar. and Sept.

Third Wednesday,

Do. do. do.

do.

Staunton,

_ "_ _

Wednesday after Ist

Monday,

Feb'y, May, July,

Octor.

Surry,

10th May and 25th Oct'r,

Fourth Monday,

March, do. Angnst

, Novem.

Sussex,

24th April and- 29th Oct'r,

First Thu^^^day,

Do. do. . do.

Oeto'r.

Taylor,

21.

4tti March and August,

Fourth Monday,

Do. June, do.

Novem.

Tazewell.

17.

Last Monday Mar. and Aug.

Wednesday alter 1st

Monday,

Feb'y, May, July,

Oeto'r.

Tucker.

21.

22d May and October,

Third Monday,

M.<rch, June, Aug't,

Novem.

Tyler,

20.

22d April and September,

Second Monday, ,

Do. do. do.

do.

Upshur,

21.

4th A|)rU and September,

Third Mondaj'',

Do. do. do.

do.

Warren,

12,

25th March and August,

Third Monday, ,

Do. May, do.

do.

Warwick,

21s» March and September,

Second 5Ionday,

Do. June, do.

Decern.

Washington,

17.

2d Monday April and Sep.

Fourth Monday,

Do. do. do.

Novem,

Wayne,

18.

20th March and August,

Tuesday after "ist

Monday,

Do. do. do.

do.

Webster,

15.

14th April and September.

Fourth Tuesday,

Do. do. do.

do.

Westmoreland,

28th March and 18th Oct'r,

Fourth Monday,

April, May, do.

do.

Wetzel,

20.

12th April and September,

Tuesday after 1st

Monday,

Feb'y, do. July,

Oeto'r.

Williamsburg,

25th May and November,

Fourth Mimday,

M:irch, June, Aug't

Novem,

Winchester,

_ _ _

First Saturday",

Do. 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,

Tliird Mcmday,

Feb'y, do. do.

do.

Wyoming,

15.

4th Monday April and Sep.

Friday after 3d Mon-

day;

March, do. do.

do.

Wythe,

16.

1st Monday May and Oct'r,

Second Monday,

Do. do. do.

do.

York.

26th March and September,

Third Monday,

Do. May, do.

Oeto'r,

RECEIPTS.

1861.

Oct. 1, To balance, per last annual report, - - 138,214 84

31, To receipts in October 1861, - - - 231,864 93

Nov. 30, To do. in November 1861, - - - 408,246 10

Dec. 31, To do. in December 1861, - - - 1,245,184 02

.- ■ -$2,023,509 89

1862. — ^—

Jan. 1 , To balance brought down, - - - 717,91169

31, To receipts in January 1862, - - - 252,149 81

Feb. 28, To do. in February 1 862, - - - 1,094,432 67

Mar. 31, To do. in March 1862, - - - 492,603 06

$2,557,097 23

April 1, To balance brought down, - - - 1,017,810 32

30, To receipts in April 1862, - - - 2,036,122 05
May 31, To do. in May 1882, - - - 222,34130
June 30, To do. in June 1862, - - - 155,125 30

$3,431,398 97

July 1, To balance brought down, - - - 482,839 78

31, To receipts in July 1862, - - - 278^449 08
Aug. 30, To do. in August 1862, - . - - 1,406,159 36
Sep. 30, To do. in September 1862, - - - 1,132,155 44

$3,299,603 66

Oct. 1. To balance against the treasurer this day, exclusive of the funds

under the direction of the second auditor, = - $434,778 96

DISBURSEMENTS.

By amount of warrajits paid in October 186] ,
By do. do. November 1861,

By do. do. December 1861,

Balance 31st December 1861,

By amount of warrants paid in January 1862,
By ,do do. Febniary 1862..

By do. do. March 1862,

Balance 30th March 1862,

By amount of warrants paid in April 1862,
By do. • do. May 1862.

By do. do. June 1862,

Balance 30th June 1862,

By amount of warrants paid in July 1862,
By do. do. August 1862,

By do, do. September 1862,

Balance 30th September 1862,

Total amou&t of warrants issued by the auditor from the 1st October 1861

to the 30th September 1862, inclusive.
Add warrants No. 8316, $ 18 00^

8317, 84 25 I Issued prior to the 1st October 1861,
8327, 55 Do I and paid since that day,
11472, 25 00 J

.Deduct w-arrmt3 No. 1806, $5 12

4259, 24 70
6559, 19 00

6625, 520 99

6638, 21 00 )-

6687, 25 00
6752, 15 96

6791, 100 00

6847, 28 00 j

284,274 65
280,990 97
740,332 58
717,911 69

$2,023,509 89

284,6.32 56
1,123,355 95

131.308 40
1,017,810 32

$2,557,097 23

2,279,868 57
129,553 69
539,136 93

482,839 78

$3,431,398 97

190,838 34

1,698,358 97

975,627 39

4.34,778 96

Issued prior to the 1st October
1862, and unpaid on the morn-
ing of that day,

$3.299,603 66

8,658,846 52

182 25

8,659,028 77

759 77

Paid by the treasurer in the fiscal year 1861-62, $8,6-58,269 90

AudUor's Office, Dec. 16, 1862

APPROPRIATIONS

Cteneral appropriations for £scal year ending September 30, 1863 : ^

Direct appropriations, , _ . 8,954,798 7i

Estimated atootint not specified, , - - - 2,500 00

Amount included in general appropriatiofis, 8,957,298 7 J

Salt, . - ■ - - - . - 1,600,000 00

Other appropriations, - - - - 2,980 44

Total, $9,960,279 15

■■

This does not include money refunded Tinder acta for refunding money received for ex-
■emption from militarj- duty.

NDEX

• ADMINISTRATIONS.

See Wills, &c.

AGENCY FOR RECEIVING AND FOR-
WARDING SUPPLIES TO VIRGINIA
SOLDIERS.

Act establishicg, 50

Agent, how appointed, 50

Depot, how provided, 50-51

Trtmspoitation, 51

Dnty of agent as to advertising, 51

Salary of agent, 51

Clerks, 51

Soldiers, when detailed, 51

Bond, how given, 51

Remedy against agent, 5J

Appropriation, 51

AGENTS FOR RENTING HOUSES.

License to, 18

AGENTS FOR HIRING NEGROES.

License to, 18

AGRICULTURAL PRODUCTIONS.

When taxed, 26-7

AGRICULTURAL PRODUCTIONS AND

SUPPLIES.
Preamble and resolution advising as
to increase of, &c. 129-30

AIDS OF GOVERNOR.

Ordinance as to, amended, 50

Number of aids governor may appoint, 50

Who to receive pay, 50

ALCOHOL.

Act of 1862 i-epealed,

ALDERSON, J. IVL

Act for relief of representative of, 113

Militia fines to l»e delivered to collector, lTl3

Sheriff to give receipts, 1 i 3

Auditor to charge sheriff with amount, 1 13

ALIENS.

License, when to issue to,

APPROPRIATIONS.

Salary of clerk of sinking fund,

General assembly,

Elections,

Judges,

Prisoners, jurors, &c.

Slaves condemned,

Expense8 of penitentiary,

J. W. Hancock, 36

Convicts, &c. 35

Mileage to officers and guards, 35

Penitentiary, 35

Records court of appeals, 3.5

Contingent expenses of courts, 35

Militia, 35

Adjutant general, 35
Annuity to Virginia military institute, 35

Military contingent fund, 35

Public guard, 35-6

Interior guard at penitentiary, 36

Transportation of arms, 38

Commissioners of revenue, 36

Central lunatic asylum, 36

Eastern lunatic asylum, 36

Robert Saiuiders, &-c. 36

Wm. M. Hume, * 36

Lunatics in county jails, 36

Deaf, dumb and blind, 36

Pensions, 36

Civil prosecutions, 36

Public warehouses, 36

Governor's house, 36

Capitol, 36

Grattan's Reports, 36

Leigh's Reports, 36

Vaccine agent, 37

Messenger in auditor's office, . 37

Registration of marriages, &,c. 37

Printing, 37

Temporary clerks in auditor's office, 37

Commissions to sheriffs, 37

New river navigation company, 37

Pages, 37

Clerk joint committee on salt, 37

Porter of senate, 37

Fires, furnaces, &c. 37

Temporary loans, 37

Interest on loans for war tax, 37

Interest bearing treasury noteSj 37

Naval officers, 37

Military expenses, 37

Auditiag board, 37

Virginia state line, 38

Penitentiary, raw material for, 38

Kean, Patrick, 38

Hoyer & Ludwig, 33

J. D. Pendleton and John Bur\ve11, 38

General fund, 38

How disposed of, 38

Limitation of power of auditor, 38

Payments,- when made, 38
Table showing, at adjourned session, 142

ARDENT SPIRITS.

License to distill or rectify, 13-14

INDEX.

Prohibition of sale of,

■ATTACHMENTS AGAINST NON-EESI-

DENTS.
Act to enlarge powers of circuit courts in. 77
Sale of slaves, how ordered, 77

How made, " 77

ATTORNEYS AT LAW.
Tax on license to,

BAGATELLE TABLES.

Tax on license to,

BANKS.

Act to authorize convQi-sion of Confede-
rate treasury notes into other securi-
ties,

Code amended.

When bank may loan money,

Interest,

Loans, how regulated,

Proviso as to treasury notes,

BANKS (RELIEF OF).
Act to amend act for.
Act 1861 amended.
Forfeiture of charter suspended,
Charter to remain in force,
Proviso,

BANKS (CONTINGENT FUND OF)

Act 'to authorize banks to increase con

tingent funds.
Code amended,
Rate of dividends,
Surplus fund,
Limitation of surplus fund,

Tax on,

BANK CHARTERS.

BANK DIVIDENDS.

BANK OF EOCKINGHAJVf.

Act authorizing, to increase contingent

fund,-
Act to amend charter of.
Charter amended,
When charter to expire.
Treasurer to trausfer certificates,
Bond and security, how given,
When execution may issue,
Denomination of notes,
Quarterly statements.
Board of directors.
Proviso as to small notes,

BARBERS.

Tax on license to.

104
104
105
105
105
105
105
105
105
105
105

BILLIARD TABLES.

Tax on license to, 12-13

BIRTHS AND DEATHS.
Act to amend section 22 of chapter lOS

of'Code, 58

Code amended, 58

Duty of commissioner, 59

Compensation,

Duty of auditor in certain cases,

BONDS OF SHERIFFS.

See Sheriffs' bonds. /

BOOK AGENTS.

Tax on license to,

BOWLING ALLEYS.

Tax on license to,

See Canfield.

BRAGG, E. W.

BROKERS.

Tax on license to.

59
59

17
19

BUILDING FUND ASSOCIATIONS.

Act allowing, to purchase stock. 111

Power to purchase stock. 111

BUEWELL, JOHN.

Appropriation to.

CANFIELD, E. W. AND C D. BRAGG.

Act for rehef of, J19

CARRIAGES, BUGGIES AND OTHER

VEHICLES.
Tax on license to sell, 20

CENTRAL LUNATIC ASYLUM.

Act making appropriation to, 89-90

CERTIFICATES OF STOCK.

See Chartered companies.

CHAMBERS, GEO. W.

Act for relief of.

Preamble,

Amount appropriated.

116
116
116

Effect of.

CHANGE OF FIRM.

CHARTERED COMPANIES.

Act to authorize transfer and issue of new

certificates of stock in, " 89

When property sold or sequestered, 89

New certificates, how granted, 89

Old certificates destroyed, 89

When to report to auditor, 29

CHANGES IN CODE.

See Freight on rail roads.

See Tobacco inspectors.

See Banks, contingent funds of

See Births and deaths.

See Contested elections.

See Virginia military institute.

See Printer to senate.

See Interior guard at penitentiary.

See Officers of penitentiary.

See Sheriils' bonds.

See Clerks of courts.

See Compensation of clerks of courts.

See Hospitals (lands, how condemned for).

See Circuit courts, special terms of

INDEX.

CIRCUIT COUETS (SPECIAL TERMS

OF).

Act to enlarge powers of, 69

Code amended, 69

Trial of prisoner, ' 69

Special term, 69

Trial of prisoner at special term, 69

CLERKS OF COURTS.
Act to amend Code as to compensation

of, for public services, 63

Cod-e amended, 63

Compensation for public services, 63

Corporation of Richmond, 63

CLERK OF HUSTINGS COURT OF
RICHMOND.

Act for relief of, ^ 116-17

COLLATERAL INHERITANCES.

Tax on, 7

COLLINS, C. A. J.
Preamble and resolutions for demand of,
from confederate government, 124-25

^ COMMISSION MERCHANTS.
Tax on license to, 15

COMMISSIONS TO SHERIFFS AND
COLLECTORS.

On licenses, 32

COMMISSIONERS OF ELECTION.
Resolution giving power to justices to
appoint, in certain cases, 124

COMMISSIONERS' COMPENSATION. •

Other than fees, 31

Tax on,

COMMON CRIER.

16-17

COMPENSATION OF CLERKS OF
COURTS.

Act increasing, during war, 63

Oode amended, 63

Clerk of county or corporation court.
Fee for recordation of writing, 63

Recordation of plat, 64

Courses, 64

In deed book, ' 64

Deed of trust or mortgage, recordation of, 64
Sweariug witnesses.
Recordation of will.
Order as to decedent's estates,
Swearing personal representative.
One fee where more than one.
Licenses for,
Marriage license,
Search,
Certificate,
Injunction bond, ^k

Any other bond,

Writ of ad quod damnum.

Caveat,

Summons to answer bill.

Any other summons,

Copy of process,

Kotmg,

64
64
64
64
64
64
64
64
64
64
65
C5
65
65
65
65
65

Postage,

Appearance,

Filing and endorsing petition,

Depositions,

Filing papers for plaintiff,

Filing papers for defendant,

Issuing an attachment.

Scire facias,

Rules,

Docketing,

Swearing jury and w itnesses.

In case no jury is sworn,

Svrearing witnesses diiring attendance,

Administering oath,

Judgments, decrees, &c.

Docketing judgments.

Taxing costs,

Execution returned by constable,

Execution, entry of.

Transcript of record.

Copy,

Annexing seal,

Code amended.

Clerk of a circuit court.
Fee for writ of supersedeas.
Bond,

Endorsing writ,
Filing record,

Fee.s, ickr.n clerk of court of appeals.
Issuing process.
Docketing, &c.
Judgments, decrees, &c.
Orders, issuing execution, &c.
Damages, taxing,
Fees in cliancery cases,
For issuing attachments in,
Process,
Exhibits,

Exhibits with commissioner's report.
Filing papers.
Rules,
Executions,
Continuation of act.

65
65
65
65
65
65
65
66
66
66
66
66
66
66

66
66
67
67
67

67
67
67
67

67
67
67
67
68
68
68

68
68

m
m

COMPENSATION OF FIDUCIARIES.

Act to provide against forfeiture of, Si

CONFEDERATE INSURANCE COM-
PANY.

Company incorporated.

Insurance, how made.

Money received on deposit.

Funds to be'invested or loaned.

Power to purchase and hold lands.

Capital,

How payable,

Management of company,

Directors, how elected,

President, how chosen,

Term of office,

Vacancy, how filled,

Secretary, how appointed,

Compeiisation of officers,

Power to appoint agents.

Scale of voting.

Power to transler stock,

Dividends,

To make and publish report.

Liability of member^, .

Books of subscription, how openec!,

100
1<M)

100
100
lOD
TOO

146

INDEX.

Board to give notice, 101

Act to auu-iiil 4tli section of act of in-

101

corporation,
Funds, how invested,
Real or personal estate,

101
101

CONFEDERATE STATES TREASURY
. NOTES.

What, receivable in taxes, 33
See iJauks.

CONFEDERATE STATES V^AR TAX.
'^ct authorizing' payment of interest on

bonds given ior, 39

When to bear interest, 3'J

When holders entitled to interest, 39

When auditor to issue viarrant, 39

Eate of interest, 39

CONTESTED ELECTIONS.

Act to extend time for filing complaint in, 59

Code amended, 59

Returns, how enquired into, 59

Complaint, how niade, ' 59

Duty of courts, 59

Time when complaint to be filed, 60

Duty of clerk, GO

Proviso in case of justice of peace, 60

CONTINGENT FUNDS.
See Banks.

• CONTRACT FOR SUPPLY OF SALT.
See Stuart, Buchanan tt Co. '

COOK SHOPS, &c.

Tax on license to, 12

COOLEY, B. B. & J. W.
/Act authorizing governor to deliver

infant slave to, 115
Act ai!thorizing sura of money to be

, paid to, for slave condemned, 115

Amount appropriated, 1 1 5

CORPORATIONS.

Tax on charters of, 23

COl'NCIL OF LYNCHBURG.

Act to enlarge powers of, 107

Powers of council enlarged, 107

Council may enact ordinances, 1C7

Persons, wlien to be arrested, • 107

Power of ofticers, 107

Armed police, 107

COUNCIL OF RICHMOND.

Act to enlarge powers of, ' 106

Poweis enlarged, _ 106

Council to enact ordinances, 107
Persons to be aiTested for violating

ordinances, 107

Powers of officers, 107

Armed police organized, 107

COUNTY COURTS.

Act to extend jurisdiction of, - 78

Act of 1 8H'i amended, 78

Oitiinance aiiii'rided,_ ■ 79

Jurisdiction of courts, 79

Recordation, ' 79

Wlien no tax to be chjirgcd, 79
Duty of clerk of circuit court of

Richmond, 79

Penalty, 79

'Fees and postage, - .79

COUNTY OFFICERS (ELECTION OF).

Act to provide for, 76
When county pievented from holding

elections for, 76

Court may order election, 77

For unexpired terms, 77

COURT OF APPEALS.

Act as to sessions of, 80

Mace of session may be changed, 80

Notice of ren!o\'al, how given, 80

Removal of library, &c. ' 80

COURTS OF COUNTIES IN POSSES-
SION OF ENEMY.

See County courts.

DAGUERREIAN ARTISTS.

Tax on license to,

DEDUCTION FR''^M COMPKNSATION
OF COMMISSIONER.

When made, 25

Tax on.

DEEDS.

DEPFTY COLLECTORS.
How appointed,

DISBURSEMENTS.

Tables showing,

141

DISCHARGE FROM ACTIVE MILI-
TARY SERVICE.
Act to provide foi', of persons who have

furnished Substitutes, 41

AVhen person who has furnished substi-
tute exempt, 41
When entitled to discharge, 41
Question of exemption, how determined, 41

DIS'ilLLATION.
See Spirituous and malt, liquors.

DISTILLATION OF FRUIT.

Act for relief of persons engaged in, 87
When person may appear, 87
When court satisfied as to failure to ob-
tain license, 87
Auditor to issue warrant, 87-S
Duty of sheriff, 88
Duty of attoiuey for commonwealth, 88

DISTRESS FOR RIO NT PAYABLE IN

•MONEY,
annnding Code so as
to exempt tlie property of persons in
the military service fiom, 56

Act of 18t;i2 amended, 56

No legal proceed iugs against persons in

military service, ' 56

Exception as to criminal cases, ' 56

INDEX.

147

Exceptions,

DISTRESS FOR TAXES-

When taxes msij be distraijied tor,

DISTRICT SCHOOL HOUSES IN
HENRY.

Act authorizing sale of,

Sale autliorized,

Power of court,

Pi'oeteds (if sale, how disposed of,

Cmirt to appoint coniuiissiur.ers,

Boud and security to be given,

55 I EXCHANGE BANK. .

I Act antlioviziiig branch of at liichmond
i to declare a divideiul,
Coniributiou iVum other branches,

110
110

110
110
110
110

DIVIDENDS OF COMPANIES NOT IN-

COttPOEATED BY THE STATE.
Tax on, 5

DIVIDENDS OF STEAM BOAT AND

SUCH LIKE COMPANIES.
Tax on, 5

DOMESTIC MANUFACTURES.
How taxed, 27

DOUBLE TAX.
When to be imposed,

DURATION OF SESSION.
Resolution as to,

ELECTION LAWS.

Act to provide for voting by persons in
military service, &k. 7

Where persons in camp may vote,

Commissioners, how appointed,

Polls for members of congress, &c.

Polls for governor, «&c.

Duty of commi.ssiouers.

Polls, where sent,

Refugees, where to vote,

Oath to be taken,

Poll books, how transmitted,

Code amended,

Duty of commissioners,

Certificate, how written,

When ofHcers to meet.

Returns, how compared,

Notice given.

Special elections.

Certified statement to secretary of com-
monwealth.

Duty of secretary of commonwealth,

In case of tie, governor to decide,

Duties of governor under ordinance,

Proclamation of governor, how niade,

Request to president.

Result of vote, how forwarded,

See Elections of senators, &c.

See Representation for counties.

123

1-75
72
72
72
72
72
72
72
7:i
7:i
73
73
73
73
73
73
73

73-4
74
74

74
74
74

ELECTIONS OF SENATORS AND
DELEGATES.

Act to prescribe mode of certifying,

&c. of
When commissioners to meet.
Code suspended,

83
83

EXEMPTION FROM MILITARY DUTY

See Money received for.

Sire Dischartje from active service.

ELECTION OP COUNTY OFFICERS.

See County officers.

Tax on,

EXPRESS COMPANIES.

8-9

FARMVILLE INSURANCE COMPANY.
Act to incorporate, 93-95

Ci'mpany iucorp. 'rated, 93

In.suiance, how and upon what made, 93

Money received uu deposit, 93

Investments, how made, 93

Capital stovk, 94

Htav payable, 94

Affairs of company, how managed, 94

Officers, how appointed, 94

Agents, 94

Scale of voting, 94

Dividends, how declared, 94

Responsibility of stockholders, 95

Conimis.sioners, 95

Restriction as to bank notes, 95

FEES.
See Jailors' fees, and Compensation of clerks

FENCE LAW.

Act of 18G2 amended, 9*

First section amended, 90

Second section amended, 90

Power of courts, 90

Aiits of county courts logalized, 90

FIDUCIARIES.

Act aufliorizing, to invest, funds in cer-
tain cases, 81
When fiduciary may invest funds, 8i
In what funds may be invested, 81
As to joint tidnciaiies, 8J
Continuance of act, 61
See Compensation of.

FLOYD. MA J. GEN. J. B.

Thanks to Gen. Floyd, 125

Thanks to ofScers and men, 125

FORMS FOR TAX PAYERS.

When to be furnished, 24

FREIGHTS ON RAIL ROADS.

Act requiring rail road companies to

give receipts showing weight of, 57

Cede amended, 57
Rates of transportation on persons and

produce, • 57
Rates when articles weigh less than

four pounds, 57

Receipts, how given, 57

Weiglit shown, 57

Charge, for what made, 57

Taxes on,

FREE NEGROES.

1:48

INDEX.

GAS LIGHT AND OTHER COMPA-
NIES.
Tax on charters of, 1 1

GENERAL ASSEMBLY.
Act to secure representation in, 71

When senators or delegates may be

admitted, 71

When ■writ to be issued, ' 71

See Elections of senators and delegates.
See Representation for counties when

courthouses in possession of public

enemy.

GENERAL AUCTIONEERS.

TAxes on license to, 15

GLEE CLUB.
See Harmonic association.

GORDON & BROTHER.
A-Ct for relief of, 115

GRAZIERS BANK.

See Northwestern Bank.

HANCOCK, J, W.
Appropriation to,

HARMONIC ASSOCIATION.

Act incorporating. 111

G om pany i n corporated , 111

Mights, powers, &c. 112

Property to be held, 112

HASKINS, JOHN, SEN.

Act concerning estate of, 117

Act of 1839 amended ; stock how sold, 117

Investments, how made, . 118

HAWKERS AND PEDDLERS.

Ta^ on license to, , 35

HENRY COUNTY.
See District school houses.

HOME GUARD.

Act of 1862 as to, amended, 47

Guard duty of, 47

Deserters, how arrested, 47

When major may be elected, 47
Proviso as to troops being sent out of

county, 47

HORSES AND MULES, SOLD FOR

PROFIT.

Tax on license, 20

HOSPITALS (LAND, HOW CONDEMN-
ED FOR).
Act authorizing county courts to con-
demn land for, 69
Code amended, 69
Powers of court or council, 69
ILands and houses, how condemned, 69
iiimitation, 69
Proviso as to dwelling houses, 69

HUME, W. M.

Act for relief of, 118

Appropriation, 118

Amount, 118

Appropriation to, 36

IMPRESSMENT.

Preamble and resolution of instruc-
tion to senators as to, 123-4

IMPRESSMENT OF SLAVES.
See Public defence, and 46-7

INCOME.

Tax on,

INSOLVENTS.
Taxes of, how collected,

5-6

28.

HOYER & LUDWIG.
Appropriation to,

INSPECTION OF FLOUR.

Established at Danville, ^ 9S

INSPECTOR OF SALT.
Act to authorize appointment of, 55-6

Inspector, how appointed, ' 55

Salt to be inspected, 55

Rules and regulations, how prescribed, 55

Deputies, how appointed, 56

Repealing clause, 56

INSPECTION OF TOBACCO.

Established at Danville, 91

' INSURANCE COMPANIES.

Tax on license to, 20

INSURANCE AND SAVINGS SOCIETY
OF PETERSBURG.

Act to incorporate, 95

Company incorporated, 95

Privileges of company, 96

Capital stock, 96

How paid, 9G

Meeting, when called, 96
President and directors, how appointed, 96

Management, 96

Vacancies, how filled, 96

Quorum in meetings of, 96

Compensation of president, 97

Secretary and officers, how appointed, 97

Bo'nd and security to be given. 97

Assignment of stock, 97

Authority to make insurance, 97

Money received on deposit, 97

Proviso as to bank notes, 97

Effect of policies of insurance, 97

Dividends, how declared, 97

General meetings, 98

Agents, how appointed, 98

Corporation subject to repeal, 98

INTERIOR GUARD AT PENITEN-
TIARY.

Act increasing compensation of, 61

Code amended, 61

Compensation of guard, 61

INTERNAL IMPROVEMENTS.
38 Taxou, 7-8

INDEXo

14^

JAILORS' FEES.

Act concerning, 80

Act of 1B62 amended, 80

Jailors' fees, 80

Powers of courts, 80

JAILS OF THE STATE.
Act as to use of, by confederate govem-

ment, 51
When persons arrested under confede-
rate laws may be committed, 51-2

Proviso, 52

I'ees of jailors, 52

Duty of jailors, 52

Continuance of act, 52

JUDICIAL CIRCUIT (FOURTEENTH).

Act changing terms of courts in, 77

Act of J854 amended, 77

Terms of courts, 77

JUNIOR MAJORS.
Act for payment of,
When to be paid,,

KEAN, PATRICK.
Appropriation to,

LAIDLEY, JAMES M. & AL.
Act for relief of,

Auditor authorized to make settlement,
Damages released,
Auditor, when to refund,

LANDS AND LOTS.

49
49-50

113
113
113
113

Officers of separate military organiza-

tims.
See Junior majors.

Taxes on,

I.ICENSES.

To whom not to issue, 21

How granted, 27

Prohibition of sale of ardent spirits, &c. 27

LICENSED PRIVILEGE.
Where exercised, , 24

LIMITATION OF LICENSE.
License, how limited, 24

LITTLETON, THOMAS.

Act for relief of, 116

Preamble, 116

Auditor to pay account, 116

LISTS.

How made out, and for whom, 31

LIVELY, E. H.*
Appropriation to, 36

LIVERY STABLES.
Tax on license to, ' 13

LYBROOK, S. E.
Act for relief of, 1 19

LYNCHBURG.

See Coundl of.

MAJOR.
Act allowing but one to a regiment, 49

MANUFACTURING COMPANIES.
Tax on charters of, 10-11

MANUFACTURERS OF PORTER, ALE

AND BEER.
Tax on license to, 19

MATTHEWS, T. S. A.
See Laidley, James M.

MEDICINES.
License for sale of, 17

MERCHANTS.
License to sell ardent spirits, ' 14-15

MERCHANT WHO IS A BEGINNER.

Tax on license to, 26-9

MERCHANT TAILORS.
Tax on license to, 15

MILL SWAMP PRECINCT.
Act establishing, in Isle of Wight, 119

MINERS AND MANTJFACTURERS.

License to, and tax on, 21-23

MISDEMEANORS.
Act to extend time for prosecution of,
in certain cases, 78

MONEY RECEIVED FOR EXEMPTION

FROM MILITARY DUTY.

Act to refund, 47

Preamble, 47

When money to be refunded, 47-8

When sheriii" may refund, 48

Act of 1863 amended, 48

When auditor to issue warrant, 48

Costs, 48

Act q6»1853 amended, 49

When warrant to issue, 49

NEGRO AUCTIONEERS.
Tax on license to,

NORTHWESTERN BANK AT JEFFER-
SONVILLE.

Act amending act converting, into sepa-
rate bank, 84

Act of 1862 amended, 84

When loyal stockholder may demand
transfer, 84

Certificate of stock, how returned and
assigned, 84

OATH TO SUPPORT USURPED
GOVERNMENT. ^

Act concerning officers of state who

have taken, 88

What, when oath taken by officer, 88

Acts to be void, 88

To whom act applies, 88

Oath or affirmation, how taken, 88

Record evidence not required, 89

150

INDEX.

OFFICEKS OF PENITEXTIAEY.

Act iucivasiiig [<H!aiii;b ot certain, 61

Code amenLled, 61

Salary of supeiintendent, CI

.Salary of assistants, • 61-2

Salary <A' surgeon, 6'-^

Directors, • 6:^

Clerk, salary of, ^ ,fi2

Time act continues, 62

OliDIS^ARIES.

Tax on license to,

OUTLINE OF TAX BILL.

Eesolutiou dire>ctitig auditor to prepare, 128

PARIS, WILLIAM,

Act for relief of securities of, 114

Act amending act, . 114

Relief to securities ; damages refunded, 114

Act, how construed, . ' 114

Money, liow refunded, 114

PASSPORTS FOR MEMBERS.

Resolution requesting governor to ap-
ply for, 123

Governor requested to apply for pass-
ports for state officers, 123

PATENT RIGHTS.

Tax on license to sell,

PENALTIES.
For failure to obtain license.
How recoverable.

PENDLETON, J. D.

Appropriation to, 38

PERSONAL PROPERTY.
Taxes on, 3-4

What exempt from taxation, 29-30

PHYSICIANS AND OTHERS.
Tax on license to, 20

.PIERCE, W. H.

Appropriation to, 35

POPULATION OF COUNTIES, CITIES

AND TOWNS.
How estimated, 29

PRINTER TO SENATE.

Act amending Code, to compensate, 61

Code amended, 61

Animal salary of printer, 61

Extra work, when paid for, 61

PRIVATE CORPORATIONS.
Tax on, 11

.PRIVATE ENTERTAINMENT.
Tax on license for, 11

PROFITS.

Tax on,

6-7

PROSPECT TAN-YARD COMP.VNY.
Act to incoiporale, 104

Company incorporated,

Name ot compali3',

liights and pnviiegcs,

Pu^\ er to piuehase real estate,

Capital,

Taxes on.

PUBLIC BONDS.

104
104
104
104
104

PUBLIC DEFENCE (SLAVES).
Act to provide for, 42-46
Act of 18j2 ameiided, 42
Slaves, how called into service of Con-
federate htates, 42
Time of service, 42
How apportioned, 42
When governor may exempt counties, 42
Persons, Imw exempted, 42
Jlontlily allowance fur slaves, 42
Value of, when paid by confederate

gi>\'crnment, 42
Ciiiiipeusation for injuries, 42-3
Burden of proof, i'i
Hired slaves, how regarded, 43
Notice of lequisition, 43
I^y of clerks of courts, 43
LiPy of sheritls, * 43
Number of slaves subject to requisi-
tion, how ascertained, 43'
Apportionment, iiow made, 43
Proviso as to soldiers and widows, 43
When slaveliolder not exempted, 43
How slaves delivered, 44
When returned, 44
How seized, and when, 44
ILxpen.ses. how paid, 44
Fine for withholding slaves, 44
Sheriff to report delinquents, 44
Fine and execution therefor, 44
Detail of slaves, how made, 44
Lierk and sheriff to attend court, 44
Duty of clerk, 44
Duty of governor, 45
Number of slaves, 45
Receipts, how given, 45
Fee ot sheriff, 45
Requisition to be equalized, 45
When number and time of service to be

forwarded, 45
Slaves to be in charge of overseer or

agent, 45

How discharged, 46

Subsistence, 46

Slaves sent voluntarily, 46

Act to be communicated to president, 46

Twelfth section of act amended, 46

How amended, 46

As to impressments, 46
Title amended, 46-7
Resolutions suspending act of 1862 as

to certain counties, 122

PUBLIC POLTST) IN HENRICO.

Act authorizing establishment of, 110

Uourt to establish public pound, 110

What animal.-, to be conliucd, HO

Keepers to be iippointed, 110

Lxi)eiises, how defrayed, JIO

Fines impo.sed, 110

When stock to be sold, , 111

INDEX.

151

Where fo be sold, 111

H(!w bills (if expenses to be assessed, 1 11

Wliiit iuiiount to be paid owners, 1 1 1

Proviso, . • HI

PUBLIC SPIOWS, &c.
Tax on license to,

EANDOLPH MACOX COLLEGE.

Act amending act authorizing a njiliUuy

scliool at, ■ lOy

Act UMieiidcd; section as amended, K'9

REAL ESTATE AUCTIOKEEES.
Tax ou license to, 16

EECEIPTS IN TREASURY.

Tables showing', ■ 140

RECORD OF NAMES AND DEEDS OF
CONSI'IUUOUS MKRIT OF VIRGI-
NIANSIN MILITARY SEiiVICE.

Resolutions authorizing county courts
to pre))are, 130

Court authorized to. purchase and pre-
seive book ot record, 130 i

Adjutant general to prepare books, . 130 j

REDRESS AGAINST NEW ASSESS- i
MENTS. 1

See " 26

REFRESHMENTS IN THEATRES.

Tax on license tor sale of, 18

REPORTS OF CHARTERED COM-
PANIES.

When to be made lo auditor, 29

REPRESENTATION FOR COUNTIES,
COURTH(;USES BEING IN POSSES-
SION OF THE ENEMY.

• Act to provide, 75-6

Where districts partially in power of

enemy, 75

Wlien elections cannot be held atcomi-

houses, what, 76

Duty of. conductor, 76

Dury of secretary of commonwealth, 76

Time within which to peilorui duties, 76

RICHMOND.

See Council of.

RICHMOND IMPORTING AND EX-
, PORTING COMPANY.

Act to incorporate, 102

Company incorporated, Wi

Corporate name,- 102

Capital, 102

Atfairs of company, how managed, 1 U2

Proviso, 102

Act amending act, - 103

Company incorporated, 103

Corporate name ; powers, 103

Cnpital, 103

Aflairs, lioW managed, ' 103

ROANOKE VALLEY RAIL ROAD. _

Act for sale of, 85

Power to sell, 85

Notice of sale, 85
Sale subject to approval of board of

public works, 85

Proviso as to validity of sale, 85

Proceeds of sale, 85

ROCKBRIDGE INSURANCE
COMPANY.

Att to amend charier of, 101

Act of 18.81 amended, 101

Twelfth section amended, 102

SALE OF ARDENT SPIRITS IN

THEATRES.

Tax on license for, 18-19

SALE OF PORTER, ALE AND BEER.
Tax on license for, 19

SALT (PRODUCTION AND DISTRI-
BUTION OF).
Act to provide for, 52-55

Superintendent of salt works, 52

How elected, 52

How removable, 52

Bond, how given, 52

III case of vacancy, 52
Duties of superintendent, , 52-3

Powers of, 53

Board of supervisors, 53

Leases, how confirmed and continued, 53

Exception, 53

Other furnaces, 53

.Assistants, how appointed, ■ 53

Salaries of, 53

Control of transportation, 53

Salt, how distributed, ^ 53
Value of impressed property, bow ascer-
tained, 53-4

Duty of assessors, 54
How, in case owner refuse to appoint

assessor, 54
Assessors of real property, how appoint-
ed, 54
Appeal, when allowed, 54
No injunction to be graoted, , 54
Valuation, how paid, 54
Salt, liow sold and delivered, 54
Price, how tixed, 54
Surplus, how disposed of, . 5.5
Monthly reports of superintendent, 55
Monthly reports of board of supervi-
sors, . 55
Amount appropriated, . 55
Repealing clause, ^ - 55

'SAMPLE MERCHANTS.
Tax on license to.

SAVINGS BANKS AND INSURANCE

COxMPANIES.

Taxes on, 5

SAVINGS INSTITUTIONS.
Tax on charters of, 11

SAUNDERS, ROBERT.
Appropriation to, 36

25S

INDEX.

Tax on,

SEALS.

9-10

SENATORS AND DELEGATES.
See Election of. ' ,

SEPARATE ELECTION PRECINCTS.

See Table of, 131-6

SEQUESTRATION LAWS.

Tax on estates passing under, 7

SERGEANTS OF RICHMOND AND
PETERSBURG.

Act for relief of, 117

Relief granted, 117

Amount appropriated, 117

Proviso, 117

SHERIFFS' BONDS.

Act concerning, 62

Code amended, 62

Bonds of slieriffs, &c. 62

Amount of bond, 62

When security deemed insufficient, 62

Auditor may petition, 62

New bond, 63

When court to remove officer, 63

SHERIFFS' COMMISSIONS.

On taxes other than licenses, 30-31

SLAVES.

Bought or sold for profit,

Number of, escaping to enemy, how

ascertained,
See Public defence.

SLAVES AND SIMILAR SUBJECTS'.

How taxed, 25

SOUTHERN FEMALE COLLEGE OF
PETERSBURG.

Act to incorporate, 108

In.stitution incorporated, 108

Trustees to hold property, 108

How managed, 108

Quorum, . 108

How vacancy filled, 108

Treasurer to receive moneys, 108

To give bond, 109

Amcmnt of joint stock subscription, 109

Dividends, 109

Power to collect subscriptions, 109

SOUTH SIDE R-AIL ROAD COMPANY.

Act to convert into stock -interest due

by, to state, 86
Amount of interest to be converted, 86
Proviso as to preferred stock, 86
Time of commencement and comple-
tion of work, 86

SPIRITUOUS AND MALT LIQUORS.

Act to amend act of 1862, 86

Distillation prohibited, 86

Penalties, • 87

Proviso as to existing contracts, 87
See Alcohol.

SPOTSYLVANIA COUNTY.

Act to legalize proceedings of court of, 106

Preamble, 106

Proceedings legalized, . - 106

STATE TROOPS AND RANGERS.

Act transferring, to confederate govern-
ment, 39-41

Govtirnor directed to transfer, 39

Under what acts, 39

When rangers may elect major, 39

Company officers, how elected, 40

Battalions and regiments, how formed, 40

Field officers, how chosen, 40

Battalions, when formed, 40

What field officers discharged, 40
How regiments, &c. mustered into

service, 40
How received, 40
Who may be discharged, 40
Inventoiy of arms, &c., how taken, 40
How transferred to confederate govern-
ment, 40
I Staff officers, how appointed, 40
I Arms, &c., how valued, 40
I Valuation, how paid by confederate
I government, 41
Enlistments, when to cease, 41
Payments of troops not allowed after

transfer, 41
When pay and rations not to be received, 41

STALLIONS.

Tax on license to owners of, 18

STATEMENT OF RAIL ROAD
OFFICERS.

How made, 8

STUART, BUCHANAN & CO. (SALT).

Resolution confirming contract with, 126
Contract, 127-29

Parties, 127

Term of lease, 127

Description of real property, 127

Furnaces, 127

Salt water, 128

Personal property, 128

Ways to furnaces, 128

Arbitration, 128

Payments, how made, 128

Signatures, 129

Contract confirmed, 129

SUBSTITUTES.

See Discharge from active military service,

SUITS.

Tax on,

SUTLERS.

Tax on license to,

TAXES.

Act imposing, 3-34

On persons and property,
Bank charters, tax on, 10

Bank dividends, " 4

Bonds, public, " 4

Charters of gas companies, &,c., tdx on, 11
\

INDEX.

153

Charters of maQufacturing companies,

tax ou, 10-11

Chartevh of private corporations, tax on, 1 1
Charters of savings banks, " 11

Collateral inheritances, " ■ 7

Deeds, _ " 10

Dividt^nds of companies not incorpo-
rated by this state, tax on, 5
Dividends of steam boat and such like

companies, tax on, 4-5

Estates secjuestered, tax on, 7

Express companies, " 8-9

Free negroes, " 4

Income, ' " 5-6

Internal improvement companies, tax on, T-t'
See Statement of rail road otiicers.
Lands and lots, taxes on, , 3

Personal property, " • 3-4

Profits, " 6-7

Kate of taxes on profits, 6-7

Redress against erroneous assessment, 6

Savings banks and insurance companies,

taxes on, 5

Seals, 9-10

Suits, 9

Statement of rail road officers, 8

Toll bridges and ferries, taxes ou, 7

Transfer of state stock, " 10

Unorganized companies, " 11

White males, " 4

Wills and administrations, " lU

Licenses.
Agents, book, 17

Agents for hiring negroes, 38

Agents for leuting houses, 18

Ardent spirits, to distill or rectify, 13-14

Attorneys at law — See Physicians.
Auctioneers, general, 15-16

Auctioneers of negroes, 16

Auctioneers of real estate, 16

Auditor, pow«r of, to reform assessments, 23
See Miners and manufacturers.
Bagatelle tables, 13

Barbers, 21

Billiard tables, 12-13

Bov/liug alleys, 12

Brokers, * , 19

Carriages, buggies, &c. 20

Certiticate ot commissioner, when license, 23
Conunis^ion merchants, 15

Conunissiouer to return obligations to •

auditor, when, 22-3

Commissioner, when liable, 23

See jSliners and manufacturers.
Common crier, 1(5

Cook shops and eating houses, 12

Daguerreiau artists, 20

Hawkers and peddlers, 2J

Jlorses, mules, &c. sold for profit, 20

Insurance companies, 2U

License, to whom not to be issued, 21

License to commence business as manu-
facturer, 22-3
Livery stables, 13
Manufacture of porter, &c. 19
Medicines, 17
Merchants, ■ 14
Merchant's commission, 15
Merchant's license to sell ardent spirits, 14-15

Merp.hn.Tifa Kfl.mnlo 17

Merchant tailors, 15

Miners and manufaetirrers, 21-2

Penalty for failure to obtain license. 22

Rate of taxation on, 22

License to commence business, 22

How enforced, . 23

Certificate, when license, 23

Tax, when quadrupled, 23

Assessment, how reformed, , 23

Commissioner liable for false certificat?, 23
Ordinaries, 12

Patent rights, 17

Penaltes on manufacturers for failing to

obtain license, 22

Physicians, attorneys at law, &c. 20

Private entertainments, 12

Public shows, »tc. 17

Kate of taxation on manufactures, 22

Rt'freshments in theatres, 18

Sales of ardent spirits in theatres, 13

Sale of porter, ale and beer, 19

Slaves bought or sold for profit, 21

Stallions. 18

Telegraph couipanies, 20-21

Theairical pertormances, 17

Gencrul provisions.
Agricitltural productions, when taxed, 26-7
Aliens, how licenses may issue to, 34

Auditor to publish section of act, 33

Banks and insurance companies to report

to auditor, 29

Commissions to sheriffs and collectors on

license tax, 32

Commissions to sheritYs, 30-31

Commissioner's compensation, 31

Confederate States t^asury notes, what

receivable, 33

Corporation tax on, 23

Deduction from commissioner's compen-
sation. 25
Deputy collectors, how appointed, 33
Domestic manufactures, how taxed, 27
Double tax, when, • * 25
Effect of change of firm, 27-8
Erroneous assessment, 26
Forms for tax payers, 24
Insolvents, how collected, 28
Licenses, how granted, 27
License to sutlers, &c. 28
License to merchant, a beginner, 28-9
License, where exercised, 24
Limitation ot license, 24
List for auditor, clerk, &c., fees of com-
missioner for, 31
Market value of stocks to be taxed, 24
Kumber of slaves escaping to be as-
certained, " 34
Personal property exempt, 29-30
Penalty for failure to obtain license, / 24
Penalties, how recoverable, 32-3
Population of counties, how estimated, 29
Kedress against new assessment, 26
Slaves and similar subjects, how taxed, 25
Tax on corporations, 23
Tax tickets. 24
Taxes, when distrained for, 33-4
Value of lands and lots not to be changed, 25
When may be changed, '26
When agricultural productions to be

154

INDEX.

When double tax imposed,
When forms to be t'urcished,
When tax tickets to be made out,
When taxes may. be distrained for,

25
24
24
33

tra:xsper of state stock.

Tax on,

TRANSPORTATION OF SALT.

Where license privilege to be exercised, 24 j On rail roads and canals,

TAX BILL.

Resolution explanatory of,

TAX TICKETS.

When to be made out,

TELEGRAPH COMPANIES.
See Tax bill,
License to,

126

TRIAL

See Circuit courts.

UNORGANIZED COjiP->JS^IES.
Hovv- taxed,

USURPED GOVERNilENT.

17 i See Oatii to support^

]2&

83.

TERMS OF COURTS.

Tables showing, " 137-39

THEATRICAL PERFORMANCES.

Tax on license for, ■ 18

THORNTON, S. T.

Act for relief of, 112

Preamble, 112

Com-t to authorize removal of slaves, 112

Proviso, 112

Bond and security, 112

To report to court annual!}^, 112

Court may require new bond, 112

Penalty for fiiilure to give bond, 112

TOBACCO.

Act to limit production of, 70-71

Preamble, 70

Production of tobacco limited, 70

Number of plants to each hand, 70
List of field hands to be rendered on oath, 70

Proviso as to crop, 70

List, how returned, 70

Penalty for violating 1st section, 70

Amouut of fine, 70

Forfeiture, how disposed of, 70

Penalty for violating 2d section, 71

Duties of judges and attorneys, 71

Duty of coaiiiiissitiners, 71

Continuance of act, 71

TOBACCO INSPECTORS (FEES OF).

Act iucrnasiiig; Code amended, o7

Fees to inspectors, 58

Continuance of act, 58

VALUE OF LANDS AND LOTS.

Not generally to be changed.
When may be chafiged,

60
(iO
60
60
60
60

122
J 22
Vi2
122
122
122

Tax on.

TOLL BRIDGES.

TRANSFER OF PRISONERS.

Transfer directed,

121

! VIRGINIA MILIT.VRY INSTITUTE

j Act amending 2d aud 5th sections ot

I chapter 34 of Code,

I Code amended,

! Board of visitors, how appointed,

j Board a corporation,

j Code amended,

\ Expenses of board,

] Preamble and resolutions as to disorderly

I practices at,

t Coudeiuriation expressed,

1 Instiuction to officers.

Disapprobation of conduct of,
I Requirement of officers,

Duty of officers,

VIRGINIA SOLDIERS.
See Agency for receiving and forward-
ing supplies to.

VOTING BY SOLDIERS.

See Election laws.

WHITE MALES.
Tax on, 4

WILLS AND ADMINISTRATIONS.
Taxes on, 10

W^OMEN OF VIRGINIA.

Resolution in honor of, 121

Patriotism api^reciated, 1-t

Regarded with highest admiration, 121

Resolution to be entered on ;.jiiiaais, 1-il
•

ZARVONTA, COL. R. T.

See Transfer of prisoners.

THE

WITH THE AISENDED

:bill of kights

AS ADOPTED BY THE

EE'FORM CONTENTION OF 18 50^51,

AXD AJJENDSD BY

THE CONVENTION OF 1860-01.

VIRGINIA BILL OF RIGHTS

When, on tlie Intli of May 177G, the C'onvenlion of Vir^iiiia instructed their delegates
■jn Congress to propose to that body to declare the United Colonies free and independent
States, it, at the same time, appointed a committee to prepare a dechuation of rights and
Such a plan of government as would he most likely to maintain peace and order in the Co-
lony and secure substantial and equal liberty to the people. On subseqivent days the com-
mittee was enlarged ; Mr George Mason was added to it on the 18th. 'J'he declaration of
rights was on the 27th reported by Mr. Archibald Gary, the chairman of the committee,
and, aft-er being twic-e read, was ordered to he printed for the perusal of members. It was
considered in committee of the whole on the 2'Jth of May and the :5d, 4th, 5?h and Idjh of
Jnne. It was then reported to the house with ainondments. On the ] 1th the convention
considered the amendments, and having agreed thereto, ordered that the declaration (with
the amendments) bo fairly transcribed and read a third tiuie. This having been done on
the ]v;th, the ileclaration was ther^ J'ead a third time and passed nern. con. A manuscript
copy of the finst draft of t!ie declaration, just as it was drawn by Mr. Mason,* is in the
library of Virginia. The* declaration as it passed was adopted without alteration by thw
Convention of !829-o{), and re-adcptcd with amendments by the Convention of ]850-5],
and as amended is as follows; t

A Declaration of Ris;}^ts made hy the Representatives of !hc good people of Vm-
GINIA, assembled in full and free Convention, which rights do pertain to them
and their posteritij as the basis and foundation of governncent.

3. That all raen arc by nature eqi'sally free and independent, and have c-ertain
inherent rights, of which, when they enter into a state of society, they cannot, by
any compact, deprive or divest their pi'sterity ; namely, the enjoyment of life and
liberty, with the means of acquiring and possessing property, and pursuing and
■obtaining happiness and safety.

2. That all power is vested in, and consequently derived from, the people; that
Magistrates are their trustees and servants, and at all times amenable to them.

3. That government is, or ought to be, instituted for the common benefit, pro-
tection and security of the people, nation, or community: of all the various modes
and forms of government, that is best, which is capable of producing the greatest
degree of happiness and safety, and is most effectualiy secured against the danger
of maladministration ; and that, when any government shall be found inadequate
•or contrary to tliese purposes, a majority of the community Ijatb an indubitable,
unalienable, and indefeasible right, fco reform, alter, or aboli.sh it, in such manner
as shall be judged most conducive to th« public weal.

4. That no man, or set of men, are entitled to exclusive or separate emolnmenta
or privileges from the community, but in consideration of public services; which
not being descendible, neither ought the offices of Magistrate, Legislator, or Judge,
to be hereditary.

• Va. Hist. Reg Jan. 18-59, p. 03.

tSee Acts 18552, p. 320-'.il. SeetioDH :vnrml&<j are 5, o, 8 and 11. The Bill of Rights ag orsjinslly passed
58 fouBd ia the RivJued Code oi" iSl'J, i>. JL-2, uud Cede of iSA'i, p 32, 33, 34, l«t vdiUoii.

4 . VIRGINIA EILL OF lilGHTS.

*5. That the legislative, executive and judicial powers should be separate and
distinct; and that the members thereof may be restrained from oppression, by feel-
ing and participating the burthens of the people, they should, at fixed periods, be
. reduced to a private station, return into that body from which they were originally
taken, and the vacancies be supplied by~ frequent, certain, and regular elections,
in which all, or any part of the former members, to be ag^in eligible, or ineligible,
as the laws shall direct.

f 6. That all elections ought to be free ; and that all men, having sufficient evi-
dence of permanent common interest with, and attachment to, the community,
have the right of suffrage, and cannot be taxed or deprived of their property for
public uses, without their own consent, or that of their representatives so elected,
nor bound by any law to which they have not, in like manner, assented, for the
public good.

7. That a^l power of suspending laws, or the execution of laws, by any autho-
rity, without the consent of the representatives of the people, is injurious Jto their
rights, and ought not to be exercised.

X8. That, in all capital or criminal prosecutions, a man hath a right to demand
the cause and nature of his accusation, to be confronted with the accusers and
witnesses, to call for evidence In his fa^'or, and to a speedy trial by an impartial
jury of twelve men of his vicinage, without whose unanimous consent he cannot
bsffouud guilty; nor can he be compelled to give evidence against himself; that
. no man be deprived of his liberty, except by the law of the land or the judgment
of bis peers.

9. That excessive bail ought not to be re(iuired, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.

10. That general warrants, whereby an officer or messenger may be commanded
to search suspected places without evidence of a fact committed, or to seize any
person or persons not named, or whose offence is not particularly described and
supported by evidence, are grievous and oppressive, and ought not to be granted.

11. That, in controversies respecting prupertj', and in suits between man and
man, the aricient trial by jury of twelve men is preferable to any other, and ought
to be held sacred.

12. That the freedom of the press is one of the great bulwarks of liberty, and
can never be restrained but by despotic governments.

13. That a well regulated militia, composed of the body of the people, trained
to arms, is the proper, natural and safe defence of a free state; that standing ar-
mies, in time of peace, should be avoided, as dangerous to liberty: and that in all
cases, tlie military should be under strict subordination to, afid governed by, the
civil power.

* AmendHil. Acta 1852, p. 321, § 5. The 5th sectinn, without aKinnclment, read : " That tho lopislative
and CXI Cdlive pnwers of the statu should b« «eparuie auCl distinct fi-om the judiciary, and that tUo mem-
bers of iht> two first" &c.

t Am^iul d. Acs )K)2, p. 321, § R. The 6ih siction wa« : "That election of members to gerve as re-
presi'iitativi-H of the people in aHni'iiibly" &c.

J Amended. Acts 1852, p. 321, § 8, 11. lu the 8th and lllh Becti,on!i, the words "of twelve men" in-
lierted after the woid "jury." •

VIRGINIA BILL OF RIGHTS. 5

14. That the people have a right to uniform government; and therefore, that
no government separate from, or indepentlent of, the government of Virginia,
ought to be erected or established within the limits thereof.

15. That no free government, or the blessings of liberty, can be preserved to
any people, but by a firm adherence to justice, moderation, temperance, frugality,
and virtue, and by a frequent recurrence to fundamental principles.

16. That religion, or the duty which we owe to our Creator, and the manner of
discharging it, can be directed only by reason and conviction, not by force or vio-
lence ; and therefore all men are equally entitled to the free exercise of religion,
according to the dictates of conscience;" and that it is the mutual duty of all to
practice Christian forbearance, love, and charity towards each other.

COISTITtlTION OlF VIRGIIIA.

Mr. Archibald Caiy, fnm\ the comraittea appointed for tlie pnrpose, reporti^d oa the 24th
of June 1776 a -plan of government for tlie colony. It was then read the first time, read a
ijecond time on the SGlh, and considered in comniittee of the whole on that day and on the
27th and 28lh. It was then reported to the house with amendments, which were iTad twice
and agreed to. After being fairly transcribed, it was read a third time on the 29th and
pas.sed unanimously.**

This constitution or form of government was originally drawn up by George Mason. t
Mr. Jefferson had ptit a draft of one into the hands of Mr. Wythe, wlio reached Williams-
burg after the other was committed to the committee of the whole. Two or three parts of
Mr. Jefferson's plan were, with little alteration, inserted in the other ; and his preamble was
also adopted. +

The constitution so rpsolred upon may be seen in the 9th -volums of Hening's Statutes
at Largo, page 1 J2 to ] 19, and in the ediitions of the'Code of Virginia published from 1776
to 1819. At the end of it, in the Code of 1819, will be seen a note of Mr. Leigh as to the
form of the colonial govennnent for which it was substituted. This constitution was in
foree until .superseded by the amended constitution or form of government for Virginia,
■which, on the 1.5th of January 1830, was submitted and proposed to the people of Viiginia
by their delegates and representatives, in convention assembled.

This amendad constitution continued in force until January 1852. A convention to form
a new constitution was called. It assembled on the 14th October 1850, and the present
constitution was adopted on the 1st of August 1851. It was ratified by the people on the
4th Thursday in October following. On the second Monday of the succeedir.g December
an election was held for the legislature, governor, lii'utenant governor and attorney geueraL
The first general assembly convened on the second Monday in January (the 12th day of the
month), and the first governor and lieutenant governor qualified on the ICth of January
, 1852. The constitution thus formed and put into operation is as follows :

ARTICLE I.
PreambJc.

Bill of rights.

Force of bill of rights.

ARTICLE n.

Division of potcers.

DiviHJon of powers 'letween departments.

ARTICLE^II.

Qiialification of voters.

llight of safFrage.

Cilii'B and towriK to be laid off into wards.

Places fur elections. Citizens to vote iu their

wards
Exemption of voters.
How votes are given.

ARTICLE IV.

Legislative depart/l'.cnt,

r>egiHlatnro, how composed.

H' use of delegaten, how chisen. Nnmber of

df-legates to liacb couuty, city or election

district.

Sec.
3.

Senate, how elected. UetuTninp ofGeerss, when
and where to meet. Senate clast^itied. Term
of s^-rvice.

Senatorial districts.

Apport j(l^nl^•ut of representation. How sub-
mitted to the vote of the people.

How lonfT polls to be kep-t open. When and
how certified. Governor to communicate
result to lepi.slature. When again referred
to the people. Reapporiionaient according
to vote of people.

QualificHtion of senatovK and delegates. Dis-
qiinUti«'ation. Removals to vacate office.

Legislature, how often to meet. Ses^ions, how
long. Adjournment, how long, and where.
Quorum How attendance enforced.

Speaker of house and president of senate.
Officers; rules; writs of election, by whom
isHuert. Houses to judge of elections, &c.
Blembers punished.

Pay of memlK'rs. Ineligible to offices in cer-
tHin casf s.

Bills and lesolutions, where to origiuate and
how di,<posed of

Journal ; yeas and nays, how recorded. How
bills to lie read. %'

Representauou in congress, how apportionecL

Cotigres.'-idnal districts, how formed

Habeas corpus uot suspended. Leprislative
power restrained in certain casns. Freedom
of speech or of the press. Religious libirty.

♦Journal of the Convention.

tMr. Madison's letter in .Sparks' Writings nf Washington, vol. 9, page .'348

JMr. Wythe's letter of the 2Tth of July 1776 to Mr. Jeifurson. Burke's Va., vol. 4, p. 150, 151.

CONSTITUTION OF VIROINU.

dec.
16.
17.
18.

T9.
'20.

HI.
22.)
2.3. 5

24.

25.
26.

-29.
30.
31.

;«.

;33.
34.

35.

36.

.37.
38.

Law?, how to be frarneil. „

DisquaUficatiou for duelling

Impeachments, how presented. Extool of
judgment. Senate may sit during legisla-
tive recess.

How emancipated slaves forfeit their freedom.

Restrictions on emancipation. Removal of free
negroes.

Legislatare not to emancipate. '

Taxation to be uniform and ad valorem.

Property, how exempt from tax.

Capitation tax. Wiiut part applied to Bcbools.
Exemption for iuiirmity.

Tax on incomes, sai;me8 and licenses.

How money drawn from treasury. Financial
statement to be published.

On what acts yeas and nays required. Ma-
jority of ail requisite.

Debts to state by corporations not to be re-
leased. State faith not to be pledged for
corporations.

Sinking fund.

How stale stocks may be sold.

Loans, when redeemable.

Charter to churches prohibit-ed. Church pro-
perty, how secured.

Lotteries prohibited.

Nev/ counties, how formed. Voters in election
districts, where to vote.

Power over divorces, names and sale of pro-
perty.

Registration of voters, and of births, marriages
and deaths.

State census. Returns thereof.

Provision relative to elections au'l v;icaD<;ies

S«c.
15.

AUTICDE V.

Sxecutive departmen:.

Governor; his term; eligibility to office.
How elected. Returns of election of governor,

how disposed of. Votes, when and how

counted. Election, how decided. Contested

elections.
Who eligible to of£ce of governor.
Where to reside. His pay.
His duties and powers.
Power to require information from executive

officers and opinions from attorney general.
Commissions and grants to be in name of com-
monwealth. How attested.
Lieutenant governor, how elected; his term

and qualification.
Wh«n to act as governor. V/ho to discharge

executive functions.
President of senate; his compensation.
Secretary, treasurer and auditor, how elected ;

their terms.
Record of governor's aets. how kept ; when

laid before legislature. Duties of secretary.
Powers and duties of treasurer and auditor.
Board of public worlis, how elected ; term of

office.

Legislature to provide for election ; cocpens*^
tion and organiiTation of board. Board, when
to meet.

Officers on public works, how appointed l>i»-
ties of board. •

How removed from office.

Board, how abolished.

Appointment of miliiia officers.

AUTICLE VI.

Judiciary department.

1. Judiciary: of what courts eompo&ed. Juris-
diction.

C. Judicial divisions. Circuits.

3. Districts.

4. Sections.

5. Rearrangement of judicial divisions, how made.

6. Jnf];res of circuit courts, how elected; their

term, age and residence.

7. Circuit courts, when held.

8. District courts, when held and by whom.

9. Jurisdiction.

10. Court of appeals, how elected ; term cf office,

age and residence.

11. Court, how constituted. Its jurisdictior;.

12. Special court of appeals, how constituted It-e

powers and dnties.
1.3. Reasons of decisionu of court of appeals to be
rt-corded.

14. Judges, how commissioned; their salaries;

mileage.

15. Judges net to hold other offices.

Ifi. Eh.eiions of judges, when not to be held.
17. Judges, how removed from office. Notice to
be given.

13. Offictfrs of courts, how appointed ; their dntiee,

pay and tenure.

19. Clerk of circuit court, how elected ; term of

office. Attorneys, how elected; their term,
duties and pay ; how removed.

20. Vacancy in office of clerk, how filled.

21. I^ay of jurors.

22. Atiorney general, how elected; his t€rm. How

cnmroissioned ; his duties and pay ; how re-
movei

23. Judges and officers to remain such until suc-

cessors qualified.

24. Writs, how attested. Conclusion of indict-

ments.

25. County courtB, how constituted, and wheo

held.

26. Their jurisdiction.

27. Districts for election of justices; how elected

and commissioned; their term. Presiding
justice, his duty. Justices classified.

2H. Pay of justices.

29. Powers and jurisdiction.

.30. County officers, how elected ; their term.

31. Officers, where to reside. Eligibility of sheriffs.

32. County officers subject to indictment.

33. Jurisdiction cf corporation courts and magi:?-

trates.

34. Corporation officers, how elected, or appointed.

WheTcag the delegates and representatives of the good people of Virginia, in
(Convention assembled, on the twenty-ninth day of June, in the year of our Lord
one thousand seven hundred and seventy-six — reciting and declaring, that whereas
George the Third, king of Great Britain and Ireland and elector of Hanover, be-
fore that time entrusted .with the exercise of the hingly office in the government
of Virginia, had endeavored to pervert the same into a detestable and insupport-
able tyranny, by putting his negative on laws the most wholesome and necessary
for the public good ; by deuying his governors permission to pass laws of irame-
•diate and pressing importance, unless suspended in their operation for his assent,
and when so suspended, neglecting to attend .to them for many yiears; by refusing
to pass certain other laws, unless the. persons to be benefited by them would re-

8 CONSTITUTION OF VIRGINIA.

lirK^-aish the inestimable right of representation in the legislature ; by dissolving
legislative assemblies repeatedly and continually, fof opposing with manly firnxness
his invasions of the rights of the people ; when dissolved, by refusing to call others
for a long space of time, thereby leaving the political system without any legisla-
tive head ; by endeavoring to prevent the population of our country, and for that
purpose obstructing the laws for tlie naturalizationa of foreigners ; by keeping
among us, in time of peace, standing armies and ships of war; by affecting to
render the military independent of and superior to the civil power ; hy combining
with others to subject us to a foreign jurisdiction, giving his assent to their pre-
tended acts, of legislation, for quartering large bodies of armed troops among us,
for cutting off our trade with all parts of. the world, for imposing taxes on us with-
out our consent, for depriving us of the benefits of the trial by jury, for trans-
porting ns beyond seas to be tried for pretended offences, for suspending onr own
legislatures, and declaring themselves invested with power to legislate for us in all
cases whatsoever ; by plundering our seas, ravaging our coasts, burning our towns,
and destroying the lives of our people ; by inciting insurrections of our fellow sub-
jects with the allurements of forfeiture and confiscation ; by prompting our negroes
to rise in arms among us — those very negroes, whom, by an inhuman use of his
negative, he had refused us permission to exclude by law ^ by endeavoring to bring
on the inhabitants of our frontiers the merciless Indian savages, whose known rule
of warfare is an undistinguished destruction of all ages, sexes and conditions of
existence ; by transporting hither a large army of foreign mercenaries to complete
the work of death, desolation and tyranny, then already begun with circumstances-
of cruelty and perfidy unworthy the iiead of a civilized nation ; b}' answering our
repeated petitions for redress with a repetition of injuries; 'and finally, by aban-
■<loning the helm. of government, and declaring us out of his allegiance and pro-
tection; by which several acts of misrule, the government of this country," as
before exercised under the crown of Great Britain, was totally dissolved — did,
therefore, having maturely considered the premises, and viewing with great con-
cern the deplorable condition to which this once happy country would be reduced,
unless some regular, adequate mode of civil policy sliould be speedily adopted, and
in compliance with the recommendation of the general congress, ordain and de-
clare a form of government of Virginia :

And whereas a convention held on the first Monday in October, in the year one
thousand eight hundred and twenty-nine, did propose- to the people of the cora-
uionwealth an amended constitution or form of government, which was ratified by
them : '

And whereas the general assembly of Virginia, by an act passed on the fourth
of March, in the year one thousand eight hundred and fifty, did provide for the
election, by the people, of delegates to meet in general convention, to consider,
discuss and propose a new constitution, or alterations and amendments to the
existing constitution of this commonwealth; and by An act passed on the thir-
teenth of March, in the year one thousand eight hundred and fifty-one, did further
provide for submitting the same to the people for ratification or rejection :

We, therefore, the delegates of the good people of Virginia, elected and in cou-
yention assembled, in pursuance of said acts, do propose to the people the follow-
ing constitution and form of government for this commonwealth :

CONSTITUTION OF VIRGINIA. 9

RETICLE I. - '

BILL OF EIGHTS.

The declaration of rights, as amended and prefixed to this constitution, shall
have the same relation thereto as it had to the former constitution.

AETICLE II.

DIVISION OF POWEKS.

The legislative, executive and judiciary depaitnients shall be separate and dis-
tinct, so that neither exercise the powers properly belonging to either of the others ;
nor shall any person exercise the powers of UiOre than one of them at the same
time, except that justices of the peace shall be eligible to either house of assembly.

ARTICLE III.

QUALIFICATION OF VOTEKS.

1. Every white male citizen of the commonwealth, of the age of twenty-one

years, who has been a resident of the state for two years, and of the county, city
or town where he offers to vote for twelve months next preceding an election — and
no other person — shall be qualified to vote for members of the general assembly
and all officers elective by the people : but no person in the military, naval or ma-
rine service of the Confederate States shall be deemed a resident of this state, by
reason of«being stationed therein. And no person shall have the right to vote,
who is of unsound mind, or a pauper, or a non-commissioned officer, soldier, sea-
man or marine in the service of the Confederate States, or wha has been convicted
of bribery in an election, or of any infamous offence.

2. The general assembly, at its first session after the adoption of this constitu-
tion, and afterwards as occasion may require, shall cau^e every city or town, the
white population of which exceeds five thousand, to be laid off into convenient
wards, and a separate place of voting to be established in each; and thereafter no
inhabitant of such city or to w-n •shall be allowed to vote except in tlie ward in
which he resides.

. ■* .

3. No voter, during the time for holding any election at which he is entitled to

vote, shall be compelled to perform military service, except in time of war or pub-
lic danger; to work upon the public roads, or to attend any court as suitor, juror
or vvitness ; and no voter shall be subject to arrest under any civil process during
his attendance at elections, or in going to and returning from them.

4. In all elections votes shall be given openly, or viva voce, and not by ballot ;
but dumb persons entitled to suffrage may vote hy ballot.

10. . \ CONSTITUTION OF VIRGINIA.

ARTICLE IV.

LEGISLATIVE DKPAKTMENT.

1. The kgislature shall be formed of two distinct branches, which together
shall be a couiplete legislature, and shall be called the General Assembly of Vir-
ginia.

House of Delegates.

2. One of thes(3 shall be called the House of Delegates, and shall consist of
one hundred and fifty-two members, to be chosen biennially for and liy the several
counties, cities and towns of the commonwealth, and distributed and apportioned
as follows :

The couuties of Augusta and Rockingham and the city of Richmond shall each

elect three delegates; the counties of Allieraai-le. Bedford, Berkeley, Campbell,
Fauquier, Franklin, Frederick, Hahfax, Hampshire, Harrison, Jefferson, Katiawha,
Loudoun, Marion, Monongalia, Monroe, Norfolk, Pittf^jivania, Preston, Rockbridge,
Shenandoah and Washington shall each elect two delegates ; the counties of Bote-
tourt and Craig shall together elect two delegates.

The counties of Accomack, Alexandria, Amherst, Appomattox, Barbour, Bruns-
wick, Bucldngham, Cabell, Caroline, Carroll, Charlotte, Chesterfield, Clarke, Cul-
peper, Dinwiddle, Fairfax, Flojd, Fluvanna, Giles, Gloucester, Goochland, Gray-
son, Greenbrier, Hanover, Hardy, Henrico, Henry, Highland, Isle of Wight, Jack-
eon, King William, Lee, Lewis, Louisa, Lunenburg, Madison, Marshall, Mason,
Mercer, Mecklenburg, Montgomery, Morgan, Nansemond, Nelson, Northampton,
Page, Patrick, Pendleton, Pocahontas, Princess Anne, Prince Edward, Prince
William, Pulaski, Putnam, Randolph, Rappahannock, Roanoke, Scott, Smyth,
Southampton, Spotsylvania, Taylor, Upshur, Warren, Wayne, Wetzel, Wood and
Wythe, and the cities of Norfolk and Petersburg, shall each elect one delegate.*

The counties of Lee and Scott, in addition to the delegate to be elected by
each, shall together elect one delegate.

The following counties |).nd cities shall compose election districts: Alleghany
and Bath; Amelia and Nottoway ; Bo<>ne, W3*omiiig and Logan; Braxton and
Nicholas; Charles City, James City and New Kent; Cumberland and Powhatan;
Doddridge and Tylei*, Elizabeth City, Warwick, York, and the city of Williams-
burg ; Essex and King & Queen ; Fayette and Raleigh ; Gilnier and Wirt ; Greene

* Since the adoption of the constitution, the following countips have been fnrrneri : The county of Cal-
houn coiistiiiiteii a part of the election district .of Gilmer ami Wirt Acts 18S5-6, p. 91, ch. 108, § 10. The
acts establishing the counties of Wise and Roane do not pri'scribe Ijow ihey shall vote for mniubHrs of
the house of delegates. See Acts 1-855-6, p 89, § 13, 14, fir W-se. and p. 94, '§ 15, for Unxae. They will
elect deletrates therefore under the eonsiitntioii, eiich part voiinp: u-ith thi'. county from which it was
taken. The county of Tucker votes with the county of Randolph as an elfCtioii oistrict. Id. p !,'7, ch.
110, § 14 The act -forming thi-cunty of McDowell lias n<i provi-i'm lor elei'ting a (h-lt-gMte. The coun-
ties of.McD'iwell and Tazewell therefore vote- together. Acts 18:i7-8, i>. 108, ch. 155, ^ 13. The coniuy
of Buchanan is not pr"vidi-d for in the act creating it, and is ihenf.ire in the same condition, and votes
for adelegate with Tazi-wt-ll and Russell. Id. p 110, ch. 15*^. § 14 The c .nntv of Clay forms a part of
the electoral district with Braxton and Niidiolas. id. p. 113, ch. 1.^58, § 14 The county of Wi'b^ter U
formed out of tlie coumie* o' Bra-xtim, Nicliolas and Randolph. The vti-rs of the county of Webster
are to vte as they have heretof.ire voted for members of the house of de'egatcs. Acts 1859-60, p. 156,
ch. 47, § 15. So much of Bland county as was taken respectivi-ly from (tiIcs, Ta/.i'Well and Wyihe, shall
remain attached to the electoral, congressional and senatorinl districts respectively to wliich the said
counties from which it was taken belong, aud ;>hall vote with said counties for members of the house of
delegates.

CONSTITUTION OF VIEGINTA. 11

andnr:in<ro; Greenesvillo and Sussex ; King George and Stafford ; Lancaster and

N<»rtl)iuiilieiland; Matrht-ws and Middlesex; Pleasants and Ritchie; Prince
George; and Surry; and Richmond and AVestmoreland — each of which districts
shall e]( ct one delegate.

At the first general election, under this constitution, the county of Ohio shall
elect three delegates, and the counties of Brooke and Hancock shall together elect
one delegate ; at the second general election, the county of Ohio shall elect two
delegates, and the counties of Brooke and Hancock shall each elect one delegate;
and so <!n. alternately, at succeeding general elections.

At the first general election, the county of Russell shall elect two delegates, and
the eouiify of Tazewell shaii elect one delegate; at the second general election,
the county of Tazewell shall elect two delegates, and the county of Russell shall
elect one delegate; and so on, alternately, at succeeding general elections.*

The general assembly shall have power, upon application of a majority of the
voters of the county of Campltell, to provide, that instead of the two delegates to
be elected by said county, the town of Lynchburg shall elect one delegate, and

'the residue of the county of Campbell shall elect one delegate.

Senate.

3. Tlie other house of the general assembly shall he called the Senate, and
shall consist of fifty members, to be elected for the term of four years ; for the
election <if whom, the counties, cities and towns shall be divided into fifty districts.
Each county, cit}- and town of the respective districts, at the time of the first elec-
tion of its delegate or delegates under this constitution, shall vote for one senator;
and the shfrifTs or other .ofllcers holding the election for each county, "city and
town, within five days at farthest after the last election in the district, shall meet
at the court house of the county or city first named in the district, and from the
polls so taken in their respective couiiti- g, cities and towns, return as senator the
person who has received the greatest number of votes in the whole district. Upon
the assembling of the senators so elected, they shall be divided in two equal
classes, to be numbered b}' lot. The term of service of the senators of the first
class shall expire with that of the delegates first elected under this constitution,
and of the senators of the second class at the expiration of two years thereafter ;
and this alternation shall be continued, so that one-half of the senators may bo
chosen every second year.

4. For the election of senators^

I. The counties of Accomack and Northampton shall form one district:

II. Tlio city of Norfolk shall be another district:

III. The countii's of Norfolk and Princess Anne shall form another district:

IV. The counties of Isle of Wight, Nansemoud an^Suny shall form another district :

V. The <'0iinties of Sussex, Southaiiiptou and Greeuesville shall form another district :

VI. The city of Petersburg and the county of Prince George shall form another district:
Vir. The counties of Di'iwiddie, Amelia and Biunswick shall form another district:
VIII. The counties of Powhatan, Cumberland and Chesterfield shall form another district:

* See note on page 10.

12 CONSTITUTION^ OF VIRGINIA.

]X. The eouuties of Lunenburg. Nottoway and Prince Edward shall form another district :
X The counties of Mecklenburg and Charlotte shall form another district: .
XI. The courfty of Pittsylvania shall be another district :
XII., The county of Halifax shall be ano'ther district:

XIII. The counties of Henry, Patrick and^Franklin shall form another district:

XIV. The county of Bedford shall be another district :

XV. The counties of Campbell and Appomattox shall form another district :

XVI. The city bf Williamsburg and the counties of James City, Charles City, New
Kent, York, Elizabeth City and Warwick shall form another district:

XVII. The counties of Henrico and Hanover shall form another district :

XVIII. The city of Richmond shall be another district :

XIX. The counties of Gloucester, Matthews and .Middlesex shall form another district :

XX. The counties of Richmond, Lancaster, Northumberland and Westmoreland shall
form another district :

XXI. The counties of King & Queen. King William and I^ssex shall form another district :

XXII. The counties of Caroline and Spotsylvania shall ftinn another district:

XXIII. The counties of Stafford, King George and Prince William shall form anotlier
district :

XXIV. The counties of Fairfax and Alexandria shall form another district :

XXV. The county of Loudoun shall be another district :

XXVI. The counties of Fauquier and Rappahannock shall form another district :

XXVII. The counties of Madison, Culpeper, Orange and Greene shall form another
district :

XXVIII. The county of Albemarle shall be another district : . .

XXIX. The counties of Louisa, Goochland and Fluvanna shall form another district:

XXX. The counties of Nelson, Amherst and Buckingham shall form another district :
XXXI The counties of Jefferson and Berkeley shall form another district ;
XXXII. The counties of Hampshire, Hardy and Morgan shall form another district:
XXXIfl. The counties of Frederick, Clarke and Warren shall form another district:

XXXIV. The counties of Shenandoah and Page shall form another district:

XXXV. The counties of Rockingham and Pendleton shaU form another district:

XXXVI. The county of Augusta shall be another district:

XXXVII. The counties of Eath, Highland and Rockbridge shall form another district :

XXXVIII. The counties of Botetourt, Allegchany, Roanoke and Craig shall form another
district :

XXXIX. The counties of Carroll, Floyd, Grayson, Montgomery and Pulaski shall
form another district :

XL. The counties of Mercer, Monroe, Giles and Tazewell shall form another district:*
XLI. The counties of Smyth, Wythe and Washington shall form another district:
XLII. The counties of Scott, Lee and Russell shall form another district:*

XLIII. The counties of Boone, Logan, Kanawha, Putnam and Wyoming shall form
another district:*

XLIV. The counties of Nicholas, Fayette, Pocahontas, Raleigh, Braxton and Green-
brier shall form another district:*

XLV. The counties of Mason, Jackson, Cabell, Wayne and Wirt shall form another
distiict:'"*

XLVI. The counties of Ritchie, Doddridge, Harrison, Pleasants and W^ood shall form
another district:

* Since the adoption of the constitn<Hki, the county of Wise has been attached to the 42il senatorial
diBtrict. Acts 1855-6, p. 89, J 14. The county of Calhoun, to the 48rh district. Id. p, ill, § 10. Tlie
county of Roane,, to three di^^trietK, viz: so much h» was taken fVoui Knuinvha, belongs to the 43d dis-
trict ; sfi much as was tal;en from Jacltson, to the 45th district, and so much as was taken from Gilmer,
to the 48th district. Id. p. 94, § 15. The county of Tuekt-r, to the 48th distiii't. Id. p. 97, § 14. The
county of McDowell, to the 40th district. Acts 1857-8, p. 108, ch. liSS. § 13. The county of Buchanan-,
to the 42d district. Id. p. 110, ^ 13. The county of Clay, to the 44rh district. Id. p. 113, § 14. The
county of Wi'bster is attached to two si-natorial dis'ric's. TWe part taken from Nicholas aud Braxton
votes in the 44ih, and the part taken from Randolph, in the 48th districts. Acts 18.>9-()0, p. ISfi, ch. 47,
§ 15. So much of Blaud county as was taken respectively from Giles, Tazewell and Wythe, shall remain
attached to the electoral, congressional and senatorial districts respectively to which the said counties
■ from which it was takeu belong, and shall vole with said counties f:)r members of the bouse of delegates.

^CONSTITUTION OF VIRGINIA. 13

XL VII. The counties of Wetzel, Marshall, Marion and Tyler shiall form another district:
XLVIII. The counties of Upshur, Barbour, Lewis, Gilmer and Randolph shall form
another district :*

XLIX. The counties of Monongalia. Preston and Taylor shall form another district :
L. The counties of Brooke, Hancock and Ohio shall form another district ;

Apportionment of Hepresentalion.

5. It shall be the duty of the general assembly, in the year one thousand eight
hundred and sixty-five, and in every tenth year thereafter, in case^it can agree
upon a principle of representation, to reapportion representation in the senate and
liouse of delegates in accordance therewith ; and in the event the general assem-
bly, at the first or any subsequent period of reapportionment, shall fail to agree
upon a principle of representation and to reapportion representation in accordance
therewith, each house shall separately propose a scheme of representation, con-
taining a principle or rule for the house of delegates, in connection with a princi-
ple or rule for the senate. And it shall be the duty of the general assembly, at
the same session, to certify to the governor the principles or rules of representa-
tion which the respective houses maj' separately propose, to be applied in making
reapportionments in the senate and in the house of delegates : and the governor
shall, as soon thereafter as may be, by paoelamation, make known the propositions
of the respective houses, and require the voters of the commonwealth to assemble
at such time as he shall appoint, at their lawful places of voting, and decide by
their votes between the propositions thus presented. In the event the general
assembly shall fail, iii^the year one thousand eight himdred and sixty-five, or in
any tenth year thereafter, to make sucli reapportionment or certificate, the gover-
npr shall, immediately after the adjournment of the general assembly, by procla-
mation, require the voters of the commonwealth to assemble, at such time as he
shall appoint, at their lavi'ful places of voting, and to declare by their votes :

First, whether representation in the senate and house of delegates shall be ap-
portioned on the " Suffrage Basis;" that is, according to the number of voters m
the several counties, cities, towns, and senatorial distjicts of the commonwealth :

Or, second, whether representation in both houses shall be apportioned on the
"Mixed Basis ;" that is, according to the number of white inhabitants contained,
and the*amount of all state taxes paid, in the several counties, cities and towns of
the commonwealth, deducting therefrom all taxes paid on licenses and law pro-
cess, and any capitation tax on free negroes, allowing one delegate for every
seventy- sixth part of said inhabitants, and one delegate for every seventy-sixth
part of said taxes, and distributing the senators in like manner :

Or, third, whether representation shall be apportioned in the senate on taxation;
that is, according to the amount of all state taxes paid in the several counties,
cities and towns of the commonwealth, deducting therefrom all taxes paid on
licenses and huv process, and any caj)itation tax on free negroes, and in the house
of delegates on the " Suffrage Basis" as aforesaid :

Or, fourth, whether representation shall be apportioned in tlie senate (m the
*' Mixed Basis" as aforesaid, and in the house of delegates on the "Sufl'rage Basis"

* See note on page 12.

14 CONSTITUTION OF VIRGINIA.*

as aforesaid : and each voter shall cast his vote in favor of one of said schemes of'
apportionment, and no more.

6. It shall he the duty of the sheriiFs and other officers taking said polls, to keep
the same open for tlie period of three days, and within five days after they are
closed, to certify true copies thereof to the governor, who shall, as early as m.iy be,
ascertain the result of said vote, and njake proclamation thereof; and in ease it is
ascertained that a majority of all the votes cast is in favor of either of the prin-
ciples of representation, referred as aforesaid to the choice of the votirs, the
governor shall communicate the result of such vote to the general assembly, at its
first regular session thereafter; but in case it is ascertained that a majority of all
the vote's cast is not in favor of either of the principles of representation referred
as aforesaid to the choice of the voters, it shall be the duty of the governor, as
soon as may be after ascertaining that fact, in like manner to cause the voters to
decide between the two principles of representation which shall, at such previous
voting, have received the greatest number of votes; and he shall ascertain and
make pro(?lamation of the result of the said last vote, and communicate the same
to the general assembly at its next regular session ; and in either case, the general
assembly, at the regular session thereof, which shall be held next after the taking
of the vote, the result of which shall have been so communicated to it by the ^-
vernor, shall reapportion representation in the two houses respectively in accord-
ance with the principle of representation in each, for which a mnjority of the
votes cast were given ; and it shall be the duty of the general assembly in every
tenth year tliereafter to reapportion and distribute the number of senators and
delegates in accordance with the same principle. 4

Qualijications of Senators and Delegates.

7. Any person may be elected senator, who, at the time of election, has attained
the age of twenty-five years, and is actually a resident within the district, and
qualified to vote for members of the general assembly, according to this constitu-
tion. And^ny person may be elected a member of the house of delegates, who,
at the time of election, has attained the age of twenty-one years, and is actually a
resident within the county, city, town or election district, qualified to vote for
members of the general assembly according to this constitution ; but no person
holding a lucrative office, no minister of the gospel or priest of any religicius de-
nomination, no salaried officer of any banking corporation or company, and no
attorney for the commonwealth, shall be capable of being elected a member of
either house of assembly. The removal of any person elected to either branch of
the general assembly from the county, city, town or district for which he was
elected, shall vacate his office.

Powers and Duties of the General Assemhly.

8. The general assembly shall meet once in every two years, and not oftener,
unless convened by the governor in the manner prescribed in this constitution.
No session of the general assembly, after the first under this constitution, shall
continue longer than ninety days, without the concurrence of three-fifths of the
meraber.s elected to each house ; in which case, the session may be extended for a

CONSTITUTION OF VIRGINIA. , 16

«
farther period, not exceeding thirty days. Neither house, during the session of

the general assemhly, sliall, without the consent of the other, adjourn for more

than three dajs, nor to any other place than that in which the two houses shall be

sitting. A majority of each house shall constitute a quorum to do hiisiness, but a

smaller number may adjourn from day to day, and shall be authorized to compel

the attendance of absent members in such manner and under su;*h penalties as

each house may provide.

9. The house of delegates shall choose its own speaker, and, in the absence of
the lieutenant governor^ or when he shall exercise the office of governor, the senate
shall chopse from their own body a president pro tempore ; and each house shall
appoint its own officers, settle its o^n rules of proceeding, and direct writs of elec-'
tson for supplying intermediate vacancies : but if vacancies shall occur during tho
recess of the general assembly, such writs may be issued by the governor, under
such regulations as may be prescribed by law. Each house shall judge of the
election, qualification and returns of its members, may punish them for disorderly
behavior, and, with the. concurrence of two-thirds, expel- a member, but not a
second time fur the same offence.

10. The members of the assembly shall receive for their services a compensa-
tion, to be ascertained by law, and paid out of the public treasury ; but no act in-
creasing such compensation shall take effect until after the end of the term for
which the members of the house of delegates voting thereon were elected. And
no senator or delegate, during the term for which he shall have been elected, shall
be appointed to any civil office of profit under the commonwealth, which has been
created, or the emoluments of which ha^e been increased, during such term, ex-
cept offices filled by elections by the people.

11. Bills and resolutions may originate in either of the two houses of the ge-
neral assembly, to be approved or rejected by the other, and may be amended by
either house, with the consent of the other.

12. Each house of the general assembly shall keep a journal of its proceedings,
which shall be published from time to time, and the yeas and nays of the members
of either house, on any question, shall, at the desire of one-fifth of those present,
be entered on the journal. No bill shall become a law until it has been read on
three different days of the session in the house in which it originated, unless two-
thirds of the members elected to that house shall otherwise determine.

13. The whole number of members to which the state may at any time be enti-
tled in the house of representatives of the Confederate States, shall be apportioned
as nearly as may be amongst the several counties, cities and towns of the state,
Eccording to their respective numbers ; which shall be determined, by adding to
the whole number of free persons, including those bound to service for a term of
years, and excluding Indians not taxed, three-fifths of all other persons.

14. In the apportionment, the state shall be divided into districts, corresponding
in number with the representatives to which it may be entitled' in the house of re-
presentatives of the congress of the Confederate States, which shall be formed re-
spectively of contiguous counties, cities and towns, be compact, and include, a3
nearly as may be, an equal number of the population, upon which is based repre-
sentation in the house of representatives of the Confederate States.

16 CONSTITUTION OF VIRGINIA^

15. The privilege of the ',vrit of habeas corpris shall cot in any case be suspended.
,The general assembly sliall not pass any bill of attainder; or any ex post facto
law; or any lav/ impairing the obligation of contracts; or any law whereby private
property shall be taken for public uses without just compensation; or any law
abridging the freedom of speech or of the press. No man shall be compelled to
frequent or support any religious worship, place or ministry whatsoever; nor shall
any man be enforced, restrained, molested or burthened in his body or goods, or
otherwise suffer, on account of his religious opinions or belief; but all men shall
be- free to profess, and by argument to maintain their opinions in matters "of reli-
gion, and the same shall in nowise affect, diminish or enlarge their civil capacities.
And the generdl assembly shall not prescribe any religious test whatever; or con-

■ fer any peculiar privileges or advantages on any sect or denomination ; or pass
any law requiring or authorizing any religious society, or the people of any district
within this commonwealth, to levy on themselves or others any tax for the erection
or repair of any house for public worship, or for the support of any church or mi-
nistry ; but it shall be left free to every person to select his religious instructor, and
to make for his support such private contract as he shall please.

16. No law shall embrace more than one object, which shall be expressed in its
title; nor shall any law be revived or amended by reference to its title, but the act
revived or section amended shall be re-enacted and published at length.

17. The general assembly may provide that no person shall be capable of hold-
ing, or being elected to, any post of profit, trust or emolument, civil or military,
legislative, executive or judicial, under the government of this commonwealth,
who shall hereafter fight a duel, or send or accept a challenge to fight a duel, the
probable issue of which may be the death of the challenger or challenged, or who
shall be second to either party, or shall in any manner aid or assist in such duel,
or shall be knowingly the bearer of such challenge or acceptance ; but no person
shall be so disqualified by reason of his having heretofore fought such duel, or sent
or accepted such challenge, or been second in such duel, or bearer of such chal-
lenge or acceptance. •

18. The governor, lieutenant governor, judges, and all others offending against
the state, bj^ mal-administration, corruption, neglect of duty, or other high crime
or misdemeanor, slmll be impeachable by the house of delegates and be prosecuted
before the senate, which shall have the sole power to try impeachments. When
sitting for that purpose they shall be ow oath or afiirination ; and no person shall
be convicted without the concurrence of two- thirds of the members present. Judg-
ment, in cases of impeachment, shall not extend further than to removal from
office, and disqualification to hold and enjoy any office of honor, trust or profit
under the commonwealth ; but the party convicted shall nevertheh^ss be subject to
indictment, trial, judgment and punishment, according to law. The senate may
sit, during the recess of the general assembly, for the trial of impeachments.

Slaves and Free Negroes.

19. Slaves hereafter emancipated shall forfeit their freedom by remaining in the
commonwealth more than twelve months after they become actually free, and shall
be reduced to slavery under such regulation as may be prescribed by lawt

CONSTITUTION OF yiRGINIA. 17

£0. The gpiicral assembly niaj' impose puch restiictions and cnmlitionsiis* they
shall iU'»*iii |iritii('i- <m ihe jxiwer (if slaveowners to eiimiieii>ate their ^laves; and
tnaj- pass hiws tor tln' lelief of the euuiiuouwealth fiom the free ue^> population,
by leiiioval (If otiieiwise.

21. 'J'lie g'ciieiiil a^iscnihly shall' not omancipate nny slave, or the clesccnilant of
any slave, either before or after the birth of isueli descendant.

Taxation and Finance,

22, 2.3, amended by ordinance of state convention, No. S9, which was ratified
lij- \ote of the people on the fourth Thnrsd.iy in May eigliteen handled and fixty-
oue, t(» take ell'eet on the first July eij^hteeu hundred and bixly-oue, so as to read
as foil.iws;

"Taxation shall be equal and uniform tlirougliout the commonwealih ; and all
propel ty shall be taxed in proportinn to its value, which shall be ascertained in
«uch manner as may be'prescrilxd by law; but any property may be exempted
from taxation by ihe vote of a majority of the whole number of members elected
to each lumse of the general assendily."

24. A capitation tax, e<jual to tin; tax assessed on land of the value of two hnn-
.<lred dollars, siuill be levied on every white male inhabitant who has attained the
age ot twenty-one years; and one ((jual ui- iety of the capitatiion tax ujion whit©
peiStms sliall be applied to the purposes of education in ])rimary and free schools;
but nothing herein contained shall prevent exemptions of taxable polls in cases of
bodily inlirinity.

25. The general assembly rany levy a tax on incomes, salan'es and licenses; but
sio tax shall be levied on inoperty fr<im wliich any income so taxed is derived, or
i.n\ the capital inveisted iu the trade or business in respect to which the license so
taxed is issued.

20. No money shall be drawn from the treasury but in pursuance of appropria=
ti< lis nuide by law; and a statement of the receipts, disbursements, appropriationg
*nd loans shall be published after the adjournment of each session of the general
assembly, with the acts and resolutions thereof.

27. On the passage of ever)' act which imposes, continues or revives a tax, or
•creates a debt or charge, or makes, continues or retives any appropriation of pub-
lic or trust money or jiroperty, or releases, discharges or connnntes any claim or
ilemand of the state, the vote shall be determined by yeas and nays, and the names
-of the persons voting for and against the same shall be entered on the journals (-f
the respective houses, and a minority of all the members elected to each liousa
shall be necessary to give it the force of a law.

28." The liability to the stjite of any incorporated company or institution in re-
<deem the principal «and pay the interest of any loan heretofore nrade, or which
may hereafter be made by. the state to such company or institution, shull not.bo
released ; and the general assembly shall nat pledge the faith of the state, oi^bind
at iii any form, for the debts or obligations of any company or corporatiau,
2

18' COXSTITUTIOX OP VIRGINIA.

29. There pIimU ho set nMOvt aiinnaMy, from tlie pccniinp: revcnnes, n Piim eqnnl
to eeveii |'*'iJKii'"- "f t''e state <lelit exir*tiii>j on the first (hiy of J.iiiuurv in the vear
one thousiiixl eij^Iit hundred and fit'rv f"o. The land thus set apart shall hfi-alle»l
llie Sinking fnnd. and shall he apjdied to the^)ayinent. of the intere>t of the statu
cli-bt, and tlie i)riinij)al of sneh , art, as' may he redcemahh'. If no part he re-
«leeniahhs then the residue of the sinking- fnnd, after the |)aAnient of sneh interest,
^hall hi' invi sted in thf bonds or ceitilicates of del)t of this i;oinnion\v< alth, or of
the Confederate Stiites, or of sotue of tlie states of this Confederai-y, and ajijtlied
to the pnyineiit of the state deht as it shall b.come redeemahlo. Win-never, alter
the said first, day of January, a doht phall he contricted by the commonwealth,
there shall be set ai)art in like manner, annuHlly. h>r thirty four yt-ars, a siini
«'xceeding by one per cent, the ajjirn-gate amount of the annual interest agreeif to
be paid till reon at the time of its contraction; which sum shall he part of tho
linking fuiiil, and shall be applied in tiie manner belore dir< cted. Thegeiieial
5is"-:embly phall not otherwise appropriate any part of the sinking fund or its accvu-
irg interppt, except in time of war, insuiTection or invasion.

SO. The general assembly may. at any time, direct a sale of the stocks held by
the cmiinniiivvealth in internal improvement and other companies; hut the pro-
ceeds of sncli sale, if made before the payment of the public deht, shall cuiistituto
a part of ihe sinking fund, and be applied in like inann>.r.

.°U. The geiieiaJ assembly shall not contract loans or cause to be issued certifi-
cates of d' bt or lioiids of the state, irredeemable for a period greater than thiity-
four 3 earsj. ' ^

General PrDvinions.

32. The general assembly fhall not grant a charter of incorporation to any
idiuich or religions denomination, hut may secure the title to churcli propel ty to
an extent tt> be limited by law.

33. No jittery shall hereafter be authorized by law; and the buying, selling or
tiansferiing of tickets or chai.ces in any luiteiy not now authorized liy ii law of
this state, shall be prohibited.

34. No new comity shall be formed with an area h ss than six hundred 8(]uarc
Jiiiles; nor shall the county or counties from which it is honied he reduc« d below
that area ; nor shall any county, h iving a white population less than five t]ioti<aiid,

I ^lie deprived of more than one filth of such pojiiilatimi ; nor sliall a county having
H larger vhite po|nihiiii»n he reduced below four thousand. IJiii, any county, the
length of which is three times its mean breadth, or which exe» eds fifty miles in
length, may be diviiled at the discretion of the general assembly. In all gein'ral
* lections the voters in any county, not entitled to separate lepiesentatioii, shall
Vote ill the same eh ction distiict.

3'. The general assembly shall confer on the coui ts the power to grant divorce^,

• eliaiige the nainen of persons, ami direct the sale of estates* belonging to inl^ntj

nnd otiier jtersons under legal disabilities, luit shall not, by speeial legislation,

graiif relief in such eases, or in any other cisc of which the courts or other tnhu-

uals may hu\e jurisdiction.

COXSTITUTIOX OF VIKGINIA. 10

on. TliP fj^raornl a^peiiilily sliall provide for the peiiodical rPijir'tratinT) in the
PC'MTiil cuiiiitit's.' fi i»'f< aii<l t.twiis, of tlie voters therein ; and for tlie annual rej^i^i-
tratitMi of the hiithis, nririi;ij,'-it! and deatln in the wliite |io,-.ulation, and of the
birtiirf and deaths in tin- i-ohned |>o])ulatiiin of the same, distinguishing betweeu
the unniliers' ol the free uohired peivons and slaves.

37. Tlie goneril assejiihly, at intervals of five yenrs from tlie dafes of the re-
turns of th<- census of the Confederate States, shall c luse to be taken a ceiisJia
and sucli statistics of tliis state as may be prescribed br law; which census aiul
statistics sliiill lie returned to the secretary of tlie coinitionweaifli, uho shall com-
pare and correct the returns and report the same to the g<iieral assembly.

33. The m inner of con lucHiig and m iking returns of elections, of deti-riiiining
contested eleetiniis and of filling viieancies in otlic ', in c:ises not speii dly |ir>»-
vided.for by ihis coiistituiioii, jiuiil lie pietciibed by law; but special elections ta
fin vacaneies in the ofTiC"- of jn^ge of ;iny court shall be for a full term. And the
general assendjly in ly declare the cases in which any office shall be deemed va-
cant, wlieie no provi.-iou is m.ide lor that purpose in this coustitutiwii.

AHTICLE V.

EXKCUTIVE DEPAKTMEXT.

Governor.

1. The chief executive power of this commonwealth shall be vested in a
gitvernor. He shall hold the titlice for the term of four y< ar-". to comimiice on
the first d ly of Jiinnnry next succeeding his tdection. and be inelij;ible to the same
offici* fid' the term next suc-eednig that lor which he was elected, and to any other
oliice during his term < f service.

2 The governor shall be elected by the voters, at the times and places of
choosing members of the g-'iieral assembly. lifturns of the « hctiiuia shall be
transmitted, nii<ler seal, by the proper otlicers, to the st en tary of the ciminon-
Uealth, who shall deliver them to the speaker of the Iniiise id" delegates (ui the Hrsk
day of the next ses-ion of the general iissembl\ . The speaker <d' the house of
delegates siiall. within tme week thereafter, in the presence of a najniity of the
senate and house id" <!■ legates open the said returns, and the votes shall then be
counted. The person having tlie higliest nmnber of votes shall be declared elected ;
but if two or more s'oill have the highi-st and an iMjual numlier <d' votes, one of
tln-m shall be chosen governor by the Joint vote of the two houses of tlie general
assembly. Cont»sti-d < lections for govi-riior shall be decnb-d by u like Vote, aiij
the mode «)f proceeding in such cases shall be piescrihed by law.

3. No person shall lie eligible to the office of governor unless he haa attaineil
the iige of thiity years, is a native citi/.i-n of the Confederate States, and has Le.il
a citi/eii of Virginia for five years next jireceding his election.

4. The governor shall n-side at the seat of government; ►hall receive five tliou-
paml dollaislor each year of his services, an I while in office, jjliull leceivc nuuihcf
eiuuluuieut fium this or any other ^uveruiiteiit.

QQ CONSTITCTION OF TIUGINIA.

5. Ho shall taico circ that the laws ho faithfully oxcciUcd; cnmmnnicato "to tho
gf'ncral ussenilil}' at every ses.-ion tlic cniiditidii nf the eoiuniDJiwealili ; rccniiiMienil
to thi-ir emiyidi'iiitiun such measures as he may tleein expeilieiit ; and eanveiie tlio
general as.-^emhly on ap>)licati(>n of a niiij'iiity of the meinhers »if both liouses
thereof, or uhiMi ill his ojtinion the iiiteres^t of the coninionwealth may riMpiire it.
He phall be comniander-iii-ehief of tlie laml and naval foreo.-; of the et.it e ; havo
power to embody the militia to rfpel invasion, suppress insurrection, and enforce
the execution of the laws; conduct, either in person or in such other manner as
elmll be prescribed by law, all intercoin'se with other and foreign states; and,
during the recess of the general assembly, fill, pro tempore, all vacancies in those
offices fur whicli the constitution and laws make no [irovision : but Iii-< appoint-
Bients to such vacancies shall be l>y commissions to expire at the end of thirty
days after the commencement of the next se.-^sion of the j^eneral assenddy. IIo
ghall have power to remit fines and penalies in such cases and under such rules
and regulations as may be prescribed by law ; ami, except when tlie prosecution
lijus been cariied on by the house of delegates, or the law t<hal! otherwise particu-
larly direct, to grant reprieves and pardons alter conviction, itud to commute capital
jjunie-hment ; but he shall C(mimunieate to tlie general assemldy, at each session,
t!ie particulars of eveiy case of fine nr per.alty remitted, of reprieve ( r 4)ardon
granted, and of punitluneu.t coijirauted, with his reasons fur remitting, granting or
commuting the same. »

C. lie may require information in writing from the oiBcers in the executive de-
partment, upon any subject relating to the .duties of their respective offices; and
.may also reauire the opinion in wiiting of the attorney general up(ni any tpiestiou
of law connected with his official duties.

7. Commissions and grants shall run in the naine of tho common.wealth of Vir-
ginia, uud be attested by the governor, w ith the sc al of the common weak h annelid.

Lieutenant Governor.

8. A lieutenant governor shall be elected at the same time, and for the same
term as the governor, and Lis qualification and the manner of Idi election in all
respects shall be the same.

9. In cas»of the removal of the governor from offico, or of his death, failure to
qualify, resignation, removal frmn the state, or inability to discharge the powers

i and duties of the <»ffice, the said office, with its comix'iisjition. shall devolve upon
•■the lieutenant governor; and the general assembly shall provide by law for the
,! discharge of the executive functions in other necessaiy cases.

10. The lieutenant governor "shall be president of the senate, but shall have no
vote; and while acting as such, shall receive a compensation c({ual to that allowed

*t,to the speaker of the house of delegates.

Secretary of the Commonwealth, Treasurer and Auditor,

11. A pecrdtary of the commonwealth, treasurer and an auditor of public ac-
counts shall be elected by the joint vote «)f the two houses of the general assembly,
and continue in office for the term of two years, uuless sooner removed.

co^;sTiTUTrox of yieginia. . 21

12. The PccvctniT sliall keep a reennl of the official nets of the gr.vornor, wliich
shiiil lie sigiK-il liy the j^dvcnior and attested hy the f^eeietan ; and when required,
h<^ !<hiill la}- the same, and any papers, minutes and v«iULlieii3 peitaining to his
offii;e, hi hire eiiiier luirise of the general atseniLly ; and thall peilurni such other
duties as niii^ be preseiihed hy law.

13. The powers and duties of the trcfisurer and auditor shall be eu.ch as now
are, or may be hereafter prescribed bj'^ law.

Board <f Puhllc Works.

14. There shall he a hoard of jihhlic works, to consist of three coTamisj^ioners.
The state i<lia!l he divided into three districts, containing- as ncraly as may be
equal nnmhers of voters, and tiie voters of each district sliall elect one commis-
sioner, whose term of office shall be six3'ears; but of iliose ^rst elected, one, to
be designated by lot, shall remain in office fnr two years only, and one other, to be
designated in like manner, shall remain in office lor four*years only,

15. The general as e.nhly, at its first session after the adoption of this consti-
tution, sliall pntvide f.-r tlie election and coniiiensation of fhe c ammissioners, and
th'e organization (if the board. 'I'he c(nnmissiuners lirst elected siiall assemble on,
a day to be appointed by law, ancl dicide by lot the order in \\hich thc:r terms of
service shall e.\[iire.

in. The board of public works shall app.iint all officers cmphiycd on the pul.lio
works, and all persons nqiresenfing the interest of, the commonwealth in works ♦►f
iiiteiiial unprovement, and shall perfurm such other duties as may be prescribed
by law.

17. TIic members of the board of public work's may be removed by the con-
current vote of a m;ij(nity of all the members elected Co each house of the gener.,1
assembly ; but the cause of removal sh.ill he entered on tlie journal of ea^h house.

13. The general assembly shall have power, by a vote of tliree-fifths of the
members eh-cted to each house, to abolish said board whenever ia their opinion a
bward ot puhlie worUs sliall no longer be necessary. •

M'd'Uia.

19. The manner of appointing niibtia officers shall be prescribed by law.

^ ARTICLE VI.

JUDICIARY DEPARTJIEXT. ,

1. There shall bo a supreme court of apjieals, district courts and ci'"cuit court?.
The jurisdiction of these tuihunals, and of the jidges thereof, except so far as iho
same is conferred by this cunsLitutiou, shall l)e r. guhited by law.

Judicial Divisions.

2. The st lie shall be divided into twenty-oiie judicial circuits, ten districts aiid
live sections. •

22 CONSTITUTION OF VIRGINIA.

T. Tlip roiintips nf Princfcfs Anro. Norfolk, \H»'=p">orr\ T-;To of Wio-ljf. Si>iiH'fimp}on,
Gic'iK'svil e, Siirry and Sussex aud tbe city of ^ioituik shall constitute tl e first circuit.

IT. The ciiuiitios of T'rin'^p Gporprp. I'inwirldii', Bruti-w iik, Mecklfiihnijr, T.utenbnrgj,
N H(n\Hy. An.plia. Chesterfield and Powhatan and the citj of Petersburg shall cnnstituto
the si'coiid circuit.

III. The coiintipo of rnnibprlaiid, Buckinjrham, Appomattox, Campbell Prince Edward,

Charlotte iind Halifax ;ind ihe town vf Lynchbmg shall coii-tiiiite ihe fliird circuit.

IV. Tlie fouitties of Pittsylvania, Bedford, Frnnklin, Patrick and H^jny .shall constitute
tile fourth circuit.

V. Tht^ counties of Accomack aud Northampton shall constitute the fiftli circuit.

VI. Th>' conntics of E izabpth City, Warwick, York (ikuicestev, MHtthfws. Midd'espx,
IT iiiico, K< w Kent, Charles City and James City unci tke city of WiUiauisbuig hhall cou-
etitute the sixth circuit. . • ■

VII. Tlie city of Kichmond shall be the seveuih circuit.

Vill. Tlie ciiuijties of l.am-aster, Nurihuniberlaml, Richmond, Wcstmoreiaid, King
Geovp-e, Spot.sylvaiiia. Cnrolire, Hanover, Kii;g William, King & Queen and Essex shall
Coiisiitute the eighth circuit.

IX. Tl'P c iHiiies of Stafford, Prince William, A'cxandria. Faiifax, Loudoun, Pam)uier
aud Ea])j)almiinock shall c<mstitute the ninth circuit.

X. Tlie counties of Culpeper, Madisim, Greene, Orange, Albemarle, Louisa, Fluvanna
aod Goochlami shall constitute tie tenth circuit.

XI. The counties of Nelson, Amheist, Kuckbii''ge, Augu>ta aud Bath shall constitute
tie e evtaith circuit.

X!I. TliP counties of Pendleton, Highland, lit)ckirjgham. Page, Sh>:'nandoah, "Warren
end Hardy shall cousiitute the twelfth ciicuit.

XIII. 'J'lie counties of t'laike, Fiedeiick, Hamp-hire, Morgan, Beikeley and Jefl. rson
shall Constitute the thirteenth cirruit.

XIV. 'Ihe couutips of Monroe, Greenbri'^r, Pocahnnta?, Alleghany, Botetourt, Roanoke
and Craig shall constitute the fourteemh ciicuit.

XV. The counties of Gi'es, Me>cer, Ra'eigh, Wyoming, Logan, Boone, Fayette and Ni-
cholas shall constitute the tifleeiuh circuit.* ^ _ •

XVI. The counties of Giaj'son, Cairoll, Wythe, Floyd. Pulaski and Montgon:ery shall
cousiitute the ssixtceuth circuit t

XVII The counties of Smyth, Tazewell, Washii gton, Eu.s-eil, Scott and Lee shall con-
Btiriue the seveiiteei.th circuit +

XVIII. The counties of Wayne, Cabell, Mason, Jackson, Putnam* and Kaiiawlia .-ludl
coiistituti^ tlie eightei^uth circuit. §

XIX. 'Ihe counties of Wood. Wiit, GiliiiPr, Biaxton, Lewis, Ritchie, Doddridge aud
I'.eu-ants sliall constirute the nineuenih circuit. ||

XX. The counties of Hancock, Brooke, Oiiio, Marshall, Wetzel, Tyler and Monongalia
elia.l constitute ihe twentieth circuit. . #

XXI. Aud the counties of Harrison, Marion, Taylor, Preston, Barbour, Randolph aud
Upshur shall CLUStitute the twenty-first circuit.^

3. The fir.st and second cifcuits shall congtituto the first district ; tlie tliiid und
fiuitli circuits the second district; the fiflh, sixth und scvciUli circuits the lliiul
district; the eighth and Jiii.tii ciicuits tiu- lourih di.-tiict; tlu' tcntli and eh'veutli
ciicuits the fiftii district; tlie tw«'lfth and tiiirtcenth circuits tlie sixth district; tlio
foui.teenth and lifteenth cirriiits the seventh district; the sixteeiifli and seveiiteentli
circuits the eighth district : tlie eightcentli and nitieiienth ciicuits the ninth tns-
tiiet; and the tweutieili and twent^'-fiivt circuits tlie tenth district.

*ClHy cminty i« nUactipd t" tVo l.'itli rirpiiit. AftH ]8."7-*'. ch. l.'"8, J !3 p. 11?. Webster conn'y i< at-
tiKliKl t.i ti.e -aim- iircnit A. Is 8.=)9-00, cii 47, § H i. i:()

JT5l-in'l c iimv is Htti.e'n-d to the 16 ■ .irciiii. AetJ fHl^-fil. rh 23, § 12. n 48.

;\\i ►• eotiit.v is alrH<-li«(l t.. tl.e 7 '• ein-ui' Aris .toii-fi .-li i07. § 3. (. 89 Mil), well c"ii> ty ij
e'tn.lit-(l t.i thi H 111 e ci'cnit Ai-t» lf-.',7 8, ell. ITS, § i"J, l> U7 Bucliaiiaii c> Uiii v in utuiclieil lu llie Bamo
Cii'-. it ActH lfc57-*, cii liifi, § i2, j.. I

6K..atiH eoiiiity is iittiieli.-rt f.. the ISrh (in iijt. Ap*« 18.'"6-7 .-h lf9. ^ 1-4 f. P4

(I C 'Uk.iiii ei.niity is atta.li.d to the 19i ■ir.nit. /^cis r.'')e7eh i(t< J 0, |. !•!.

% Taclicr couuiy iu attuchi.d tu die 2Ut cucuct. Aeis .8..t)-7, ch. llC, § J3, p. 17.

CONSTITUTION OF VIKGINIA. 23

. 4. Til'- first nnd t^pcond <listncts slinll cnnstitnte the first section ; tlie tliird .-mkI
fourth (listrictft tb(- set-oiKl sei-tioii ; tlie fifih nm1 sixth districts llie tliird Pfotion ;
th« pevciith Hiiil eighth distiicts the fourth section : and the ninth and tenth districts
the filth ^'ection.

5. The jr<'n>'rn1 nsfscnilily may, at the i-nd of eight years after the adoption of
thin constitutinn, and thcreiii'ter at iiiti-rvals of eight ycnrs, renrrangi' the -aid c'r-
enit:?, difitiictis and si'ctiong, and fdnee any nuTolii^r of circuits in a di-trict, and of
districts in a section ; but each eirenif eloill Ite altogether in one district, and each
di-trict in one secti'm ; and there shall nut hv less than two disiiiets and foi r cir-
euiis in a station, and the nunilier of sectiuns sluHI not he incn.ase^l or diniiiiiahed.

Circuit, Courts.

G. For each (^rcnit a jnd^re shall he elected by the voters tlicreof. who sliall hold
liis ofl!ce lor the Kriii <if < ight xears. unhss sooner removi-d in the nrannrr pre-
ficiibi-d by this consiitntinn. lie shall at tlie liinc of his eh-eiion l)e at h-ast thiity
years <if age, and during his contin'Uii.ce in olhce sl'ull res^idc- in the circuit <.f
which he is judge.

7. A circuit conrt shall be held at least fAvice a year by the judge of each cir-
cuit, in 1 very counfy and c<Mjior.itioii tlierenf, uhi-nin a circinf cunit ia imw nr
may hercatt'-r i»e established. But tin- jmlgt'S in the same di-lrict nia\ be required
or anfh(M'iz<d to hold the ctnirts of tl(rir respective circuits alternately, aud a judge
of one circuit to hold a court in any other circn t.

District Courts.

8. A district court shall be held at least once a year in every district, by the
judg<'s of the I inuits conslituting ihe roction and the judge of the sui>ienie comt
ui appeals fur the section of whicii the district forms a j)ait, any ilnie4if wlmni
may hoM a conit; l)nt uo judge shall sit or dtci<le upon any appeal t Jien from U'm
own deeisn»n. The judge of the suprenie court of ajipeals td' one si criou may sit
in- the district courts of another section, wlnn required or autiiorized by law to
«3o so.

9. The district courts shall not have original jurisdiction, except in cases of La-
Leas corpus, niandunius and prohibition.

Court of A {I peals.

10. For each section a judge shall be elected by the voters thereof, who shall
hold his nffice for the term of twelve yeais, unless sooner removed in the ui.mneif
pre^crlbed by this constitution, lie shall at the time of his election be at It ast
thirty five years of age, and during his contiuuaixi; in othce reside in th« sectiou
fttr which he is eb cted.

11. The supreme court of appials shall consist of the five j'ulgep so eWted,
an}' three of whom nmy hold a court It sliall have api»ellate jurisdiction mi\y,
exeepi ill eases of h liieas eorpu-s, mandamus ami pridiibirion. It shall not lutvo
jari»diotiou ill civil u.iuscs where the matter in controver.-y, txolusue uf vMBki ki

24: COXSTITUTION OF VIRGINIA.

Jos-s in v-.ino or nmnnnt flinn five Imndre;'! di.l'niv, oxc-cpt in contrnTorsios cnn-
coniii.'g tlie title or Ixuindarios of ];i!h1, the nrohafe of n \\ill. tlic i'])|)oiiitinci)t or
qualifii-ntioii of h pcvponnl rej^roj^eitiitivc, guardian, confmittce or curator; or con-
Ci'ming a irii!!, rosif], waj-, ferry or liiidiiig, or the right of a cor]iorati<in or of a
coiiiitv to levy tiill-! or tnxes; ami except in cases ot habeas cor|HH, mandamus
and prohibiti(Mi, and cases invulviiig freedom or the cjastitutionalit^- of a hiyy.

12. Sitccial courts of appeals, to consist of not less tlian tliree nor more tlian
five judges, ma}" bo furmed of the judges of the supreme court of appeals ai.d of
the circnir. courts, or tray of thern, to tr_y ai'V cases remaining on the dockets of
tlie present -c<tui:t of appeals wlien t!ie judges thereof cea^e to hi Id tlieir oHiees; or
to tiy any cases which niny bi- on flu- dockets of the suj-.renie court, of apiJijils
esfablislieil by this constitution, in resjx'ct to which a mnjoiity of ihe judges of
said court may, be so situated as to make it improper for them to sit on the hear-
ing thereof.

I'i. When a judgment nr decree is reversed or alTirmed by tlie supreme court of
appeals, the rea>-ous therefor shall be stated in writing, and pieserved with the re-
CDid of the case. •

General Provisions.-

14. Judges shall be commissioned by the governor, and shall rfceive fixed and
ad'-(juate salaries, which shall not he diuiinislied during tlicir continuance in (dlice.
Tlie sah-iry of a judge of the suprenu' court i4' appeals slnill not l>e less tiian tlnco
thousand doljjirs, and lliat of a judge of a circuit court luvt h-ss than two tliousand
dollars per annum, excejjt that of llie judge of the fiftli circuit. whiL-h siiall not bo
less than fifteen hundred dollars per annum; and each shall ncjive a reasonable
allowance f.tr necessary travol.

15. No jiulge, during his terra of service, shnll Imld any other otlice. appoint-
ment or puhlic trust, and the acceptauce therenf shall vacate his judicial office^;
PAtr sliall he, during such term, or within one year thereafter, be clig'lde to any
political office.

10. No elec'ion of judge shall be held within thirty days of th'e time of ladding
any election of electors of president and vice-president of the Cuni'ederate States,
of members of congn-ss or of the general assembly.

17. Judges may be removed from nflice by a oncu'ient vote of both houses of
the general assembly, but a majority of all tlie members elected to each house
jnu.st ooncar in such vote; and th.* cfise of'reini»val shall be entered on the jour-
nal of each house. The jmlge against whom the general assend)ly nniy be about
to proceed, shall rec( ive notice theretd", uccom panied by a c 'py of tl^e causes al-
leged f<n' Ins refnoval, at least twenty days before the day on which cither bouse of
the general assembly shall act thereui)un.

13. The ofTicers uf the supreme courr of appeals and of the distiiet couit-; shall
lie appointed by the said couit^ respectively, or by tlie judges lliereol in vacation.
Their duties, compensation anfl ■tenure of office shall be pretfcribed by law.

19 The Voters of each c lunty or CMriioration in \vhirli a circuit enurt is- held
Dni!! cbct a clerk of si;c'i court, whose ti r;u uf ollice ^hall he fix \cars. TIic ut-

CONSTITUTION OF ^^RGINIA. 25

toToy for the comTnomvofilth, olectctl for a county or corporation "nhorein a circuit
CDurt is directed to l)e lit-ld, shall l)e attorney fur the coniiiionwealth for tliut touvt;
l)iit in c i!»c a vircnit court 13 ht-ld f(tr a city or f<ir a count}' and a city, there shall
lie an attorney for the coiiimonwoaltli ff)r Mich, to he (lected hy tlie voters of suck
city or county and city, and to cntinue in office for tlie term of f<iur years. The
duties and compensation of these officers, and ihe mode of removing them from
office, shall be prescribed by law.

20. When a vacancy shall occur in the office of clerk of any court, such court
itiay appoint a cleik pro tempore, who shall dt^charge the duties of ihe office until
the vacancy is filled.

21. The general assembly shall provide r>r the compensalion of jurors, hut ap-
propriations for that purpose shall not be made from the. state treasury, except in
prosecutions for felony and misdemeanor.

£2. At everj' election of a governor, an attorney general shall be elected by the
voters of the connnonwealtli for tlie term of four years. He sliall be commissioned
by tlie governor, shail iicrbirin sucli duties and receive such'corapen^atiou as may
In* prci-cribed by law, and be removable in the manner presciibed fur the removal
of judges.

23. Judges and all other officers, whether elected or appointed, shall continue
to (^.-charge ihe duties of tlnir respective offices after their terms of service have
t'xpired, until their succesjors are <iualified.

24. Writ* shall run in the name of the commonwealth of Virginio, and be at-
tested by the clerks of (lie several courts. Iiidictmehts shall conclude, against
the peace and dignity of the commonwealth.

Cuuniy Courts.

25. There shall be in each cnuiity of the commonwealth a county court, "which
ehall be held monthly, by not less tlian tliiee imr more tiian five justices, except

when tlie law shall require the presence (|f a greater number.

•

2G. Tlie jurisdiction of the said courts shall be the same as that of the existing
county ciuirts, except so I'ar as it is modified by this constitution, or may bo-
changed by law.

27. ]\ach county shall be laid off into districts, as nearly equal as may be in
territory and population. In each distrii^t there- shall be elected, by the voters
thereof, four justices of the peaee, who shall be commissioned by ihe governor, re-
side ill their respective districts, and hold their <iffiees for the term of four years.
1"he ju>tiees so elected shall choose one of their own body, who shall be the pre-
siding justice of the count}- court, and whose duty it fihall be to attend each term
of said court. Tbe other justices shall be classified by law for the performance of
their duties in court.

23. The justices shall receive for their services in court a per diem compensa-
tion, to be ascertained by laAV, and paid out of the county treasuiy; and shall not
receive any fee or emolument for other judicial services.

23 COXSTITUTIOX OF VIRGINIA.

£0. Tlip pnvror and Jiirisdiction of justices of the peace witliin their rcppcctivo
counties shall be prescribed b}' law.

County Officers.

CvO; The voters of each cnnnty shall ( Icct a clerk of the connty court, a surveyor,
an attorney for the commonwealth, a sheriff, and so many c >muiii<^ioners of tlio
reviiiue as x\\ny be aiiihorized by law, ulio shall huld tiieir respective olBces as
follows: The clerk and the surveyor for the term of six years; the uttttrney for tho
tt'rni of four years; the sheriff and tin- commissioners for the t«rm of twn yt-are.
Constal)lis and overseers of the poor shall be elected by the voters, as may be pre-
scribed by law.

31. The officers mentioned in the preceding section, except the attorneys, shall
rcsi<lc in the counties or districts for which they were respectively elected. No
person elected for two successive terms to the office of sheriff, shall be re elij^iblo
to the same office for the next succeeding term; nor shall he, during his term of
service, or within one year thereafter, be eligible to any jioliiical office.

32. The justices of the peace, sheriffs, attorneys for the commonwealth, clerka
of the circuit and county courts, and all other county officers, shall be suljcct to
indictment for malfi-asance, misfeasance or iicgh-ctof official duty; and upon con-
viction thereof, their offices shall become vacant.

Corporation Courts and Officers.

33. The general assi nibly may vest such jurisdiction as shall be deemed neces-
sar}' i(« corporation couits, and in the magistrates who may belojig to the corporuto

body.

34. All officers appertaining to the cities and other municipal corporations, shall
be elected I'y the (nullified voters, or appointed by the constituted authoiiticc" of
such cities or corporations, as may be prescribed by hiw-

Done in convention, in the city of Uichmond. on the first day of August, in tho
year of our Lord one thousand eiyht hundred and fifty-one, and iu tho
seventy-sixth year of the commonwealth of Virginia. '

JOHN Y. MASON,

Preset (J' die Conventbiti.
S. D. WIITTTLE,

Hear eta r II of the Convention.

SCHEDULE.

2. C"iiHtitiiti<>ri. Iirvv fuliliHti d

3. H"" Kiiiiii.ittert to pecitle for ratification or re-

j c i'>».

4. P< {rnlHtionu for H-ocrtiiii'itig Hppfp of votori!.

5. R'K'U, Yi'v atpc itnini f1 nd iti rl; iin <1 Or.

ii>r:tl i-ltctioii for 1( gibliiture and exeuuUve
oflicpr.*.
fi. Eltftion, h< w conducted.

7. R. t"rM if iM.Jlrt.

8. Oftii'orK, wht-n and wlicrp to apppmlilp.

9. L' ! i-l;itor' , wliin and where to assemble.

Tlitir oaths.

10. Lpgislatnrp urdtr former coPBlitution, abro-

11. 'JVriM (f mi inber« ot !p[?i^lRtvre.

12. Torm <f govf T'l-r. li( iiteiimit Kovernor'and .at-

tnmc y sri luiiil
l.T Terms .' f ■"iIkcs. whi ii to e-^nirp.
H When f.inier I xt-cniiv office lo expire. Olher

ntfie<r», linw loig to reie^ill in I ffce.
15. H-w long ciiiirts t" Cdiitiuue. Lhwh to remain

ill fi-rci'. tiew lorg
16 Legialuture to carry coU8;l"Ution into effect.

1. It 8hn!l lie tlio duty of iho lu-osidcnt of tlii;^ cniiTontinn, inimctliatt^ly on its
fldjotirnniciit. fo eortifv to tli-- governor a C<ii>y of tlie l-ill of rii;;litj! and eou>titu-
tioii adopted, toge:Iier with this scliedule.

2. Upon the receipt of i^iuh certified copy, tlie governor hhiill fortliwitli annntince
the fact Ity proclamation, to he pnhlished in pnch iie\vspa|>en-< of the ftate as may
I)e deemed ntpjifite for general information; and shall annex to his proclamation
n copy of the bill of riglits and eonstitntion, together with this ecli<*ilnle; which
proclamation,- hill of rights, conptitntion and schedule shall he piihlislied in tlio
manner indie itcd, for the period of one month; and t«n printed copiers thereof
thall, l»y the tetieiary of the comnioiiwt allh. le ininiedialely tran^njilti d iiy mail
to the cleik of ench lounly and corporation court in this conimonwealih, to be by
Kuch cleik submitted to the exan.inatioii of any p(M>on de.-iiing the same.

3. Tin- ofTcers authorized by evicting laws to conduct gencrrl elt ctiim*! shall, at
the places appointed fur noiding the •same, open a pidl-liook on the fourth Tlnirs-
day in October next, to be headed "The Con8titnti(ni as amended and Schedule,"
and to contain two separate colnmna: the firsr ftdiimn to be headed "For Ratify-
ing;" the other t(» be headed "F<>r Rejecting." And such ollicers, keeping said
jxdls opi'ii for the space of three d:iys, sintll then and there reteixe and record in
said p<dl-l>o(di the votes fur and against this constitution and schedule, of all p-*r-
Bons qualitied, under the rxieting ftr amended coiietiliilion, to exercise the right of
suffrage. . ,

4. The faking of the polls, the duties to be performed Ij- llie cfllcers, the privi-
lege of the voters, and the penalties attaching for misconduct on the part of any
pel-son, shall lie in all things as prescribed by the second, third, fourth, seventh,
eighth ami ninth seeti-ms of the act of the gcner;d assembly p/issed Ma'ch the
fourth, one thousand eight hundred and fiiry. entit'ed -'An act to take the sense of
the pt'ople upcHi the call of a convention, and j)rovi(ling for organizing the Bunie,"
BO far ua the provisions of said st ctious may be applicable.

23 ■ ■ SCHEDULE.

'5. It sljal] hp the tlnty of the jrnvprnov, npnn vccfiviii]^: tlie rftnrns nf pnifl offi-
cers, to Jiseci tain tlie lesult tluTcof, aiunVirtliuitli to d<clai«* llu- 8a(ii<i l)y liis pro-
Gl.itiiiition. stilting- tiie Jij^^rcgate^ vote in tlie stnti- ((ir and ajr;iiiist ilio latiticii'ion
of tile aiiicii(li-<l ciiiis^titiitiiMi and sc^icdulc, uli:1!li sliall l.e jnihlishcd at least once
a week until tin- secnnd Monday in Decenilier iie.xt. in sncli ne\v>[)a])ers a:< in liis
opinion will he liest crdculated to cliiFiise general inforniatmn thereof; and if it.
appear that a majority of rhe votes cast is in favor of ratification, the governor, at
the same time, and in like manner, shall nialio proclamation *br holding, on the
day Last mentioned, a general election thronghont the state for delegates and sena-
tors to the general assembly, according to the apporlionmgnt and distiicts pre-
scribed in this'constitntion ; and also for the election of a governor, lieuteuaut
governor and attorney general. .

6. Tile ofBcers authorized by existing laws to hold and cindnct general elec-
tions, ■shall hold and conduct the electimis herein required; and such officers and
all other p' rsons shall be governed and controlled therein by the provisions of said
laws, so far as the same may be ap]dicable to and necessary for the proper con-
ducting of the said elections. Duplicate ])olls shall be separately kept fur go-
vernor and lieutenant governor, for attorney general, and tor senators and dele-
gates to the general assembly, which shall be verified by the oaths of the officers
conducting the elections.

7. The verified du])lieate polls for governor, lieutenant governor and attorney
general shall be deposited with the clerks of the several c<iunties and cities, who
sliall retain one in their respective offices, and irausuiit the other by mail to the
secretary of the comnionweakh.

8. In the election of senators and delegates for districts formed of more tban
one county and city, the officers conducting the same at the caurt-In.use of the
sevi-ral counties and cities forming each district shall assemble, on the eiglnh day
alter the commencement of the said election, at the court house of the cdunfy or
city iirst mtmcd as one of the counties of the district; shall compare the polls and
ascertain the result, and shall deliver and return certilicates of election according
to the laws now in force.

9. The members of the general assembly so elected shall mectat the capitol in
tlie citv of IJichmond on the second Monday in Ja'nuary in the yi-ar one thousand
eight Immh-' d and fifty two, and then and there organize as the General Assembly
of Virginia; but before si^di organization, th<-y shall respectively take the oath of
fidelity to the commouweallh, and the other oatiis of office re(iiiired by the laws
now in force.

10. The eleciion of members of the general, assembly under this constitution
sliall vacate the seats of those elected under the present constitution.

11. The oiUcial terms of the delegates first elected to tiie general assend)ly
under this constituiion sliall expire on the oOth d.iy of June, iu tiie year one thou-
sand eight hundred and fifty-three.

12. The official terms of the first governor, lieutenant governor and attorney
general i-leetcd under this constitution shall < x] ire mi the tliiily-first d;iy of De-
cember, in the year 0:1c tliuusanJ eight luuulred and filty-fivc.

SCHEDULE. ■ 2D

1^. TliP piT'sent jiiilgcs of the ?npveme cnnrt of appeals and of the circuit
cmiits, niid their siucessors, wlio iiiny he iippoiiiteil iiiuhT tlie existinj; constitution,
tliiill reniiiiu in « fSce until such time a^ the law may |)re8erihe for the commeiiee-
iiieiit of the official terms of the judges under the Jimended con!*titntioii, and no
linger; \vhicli time shall not l)e n;ore than six months after the termination of
the first ee8>iun of the general asjeudjiy under the amended constitution.

14. The executive department of tlie government shall remain as at present
organizeil ; and the governor ami councillors of state and tht^ir successors appyinted
under the existing constitution shall continue in office luitil a governor eKcted
under this constitution shall he qnalificd ; and all other persons in ofhee when this
constiiution is adopted, except as is herein otherwise exjjressly directed, shall con-
tinue in office until tliHr successurs iirc (lualilied; and vacancies in office, hap-
pening before such «iualificalion, shall be filled in the inatmer now prescribed
by law.

15. All the courts of justice now existing shall continue with their present
jurisdiction until and except so far as the judicial system m;iy or shall he other-
wise organized ; and all laws in force when this constitution is adopied, and not
inconsistent therewith, and all rights, jirosecutions, actions, claims and contracts
shall remain and continue as if this constitution was not adopted.

IG. The general assembly shall pass all laws necessary for carrying this consti-
tution into full effect and operation.

Done in conventitm, in the cit}' of Hichmond, on the first day of August, in the
year of our Lord one tln>\|^aud eight hundred and fifty-one, and iu tho
fieveuty-sixth year of the comuionwealth of Virginia.

S. D. WHITTLE,

Secretary of the Convention.

JOHN Y. MASON,

Preset of the Convention.

• ♦