Epitome of all the Acts of the General Assembly of Virginia of a public nature, passed at the Dec. session, 1805. Richmond, S. Pleasants, Jr. printer [1805].
(Page 1)
(First instance of 'Gun Control'(?), involves court approval for Gun Ownership by freed slaves).
ACT 1. Concerning master commissioners in chancery.
Commissioners in chancery in the county and corporation courts, may issue their tickets for sums allowed by such courts for servises performed under their order, and put them in the hands of the sheriff or serjeant of their county or corporation, at the time now appointed for clerks of courts; and the sheriff or serjeant shall collect and account for them, as well those now due, as hereafter to become due, in all respects as for the clerks' fees of such courts.
Every commissioner in chancery shall be empowered to administer an oath or affirmation to witnesess in cases referred to them; and whatever would constitute perjury in a witness giving his evidence before a court, shall be perjury under this act.
No justice of the peace of any county, or mayor, recorder or Alderman of a corporation, who is or shall be a commissioner in chancery shall give an opinion on the reference of any cause, nor on the trial of any suit in which he has or shall have acted as commissioner.
Commissioners in chancery, in the superior and inferior courts, may issue subpoenas for witnesses to attend before them, to be executed and returned in like manner as if issued by clerks of such courts; and any witness failing to attend after service of such subpoena, shall be reported to court, whereupon the same proceedings shall be had as if the witnesss had been summoned to attend the trial of a cause therein--And such witness shall also be liable to the action of the party injured, in the same manner as for a default in court.
2. Regulating the manner in which certain duties shall be performed by the county and corporation courts.
In future it shall not be lawful for the justices of any court, to make any order for the erection of public buildings, or bridges, nor recommend any persons to the executive to be commissioned as justices, unless a majority of the acting justices be present; or unless the court shall have signified their intention of making such order or recommendation at least one month previous thereto; and shall have caused the same to be entered or record, with directions to the sheriff to summon the parties to attend at the next term for the purpose aforesaid. And it shall be the duty of the clerk certifying such recommendation, to certify therewith a copy of the previous order of court, if any shall have been made; and if no such order shall have been made, he shall certify the names of the justices present where such recommendation shall have been made, as also of all the justices of such county. Whenever a vacancy shall hereafter happen in the office of clerk of a county or corporation court, it shall not be lawful for the court to supply such vacancy, unless a majority of all the members of the court be present, or unless the members of the court shall have been summoned, by order of the court, to attend at the next court for the purpose aforesaid. And the court is authorised to appoint a clerk pro tempore, where it shall be necessary for the special purpose of making such order and issuing such summons.
3. Concerning jurors in certain cases.
Where a person is summoned as a juror to attend any inquest, and fails to attend, the sheriff shall return his name to the next court from which the process issued, who may fine him not exceeding eight dollars, unless at or before the court after the return is made he shews cause to the contrary.
4. To amend the several laws concerning slaves.
A slave hereafter brought into this commonwealth, and remaining therein a year, or so long at different times as shall amount to a year, or sold or hired within the same, shall be forfeited, and the right vested in the overseers of the poor, who shall apprehend, or attempt to apprehend him, in trust for the benefit of the poor. Upon complaint of any overseer of the poor, where such slave may be, to a magistrate, he shall issue his warrant to any officer of his county or corporation, commanding him to bring the slave before him or some other justice, and also to summon the owner or holder, if found, to appear and answer the same. The magistrate, upon hearing the evidence, may either dismiss the prosecution or require the owner, or holder, if he appears, to enter into a recognizance, with security, payable to the governor and his successors, in a penalty equal to double the value of each slave, conditioned for his appearance at the next court, be it monthly or quarterly, to abide by the order of the court; which recognizance, together with the warrant, shall be immediately returned by him to the clerk of the court. If the owner or holder shall not be in the county or corporation, or fails to appear, having been summoned, or is unable or refuses to give security, the magistrate shall deliver the slave to the sheriff or serjeant, to be forthcoming at the next court. Upon the appearance of the party at court, in discharge of his recognizance, or his failing to appear, the court to which he was bound to appear, shall cause a jury to be impannelled to try the facts, without pleadings, unless cause be shown for a continuance; if the jury find that the slave was brought into this state, and remained there contrary to this law, the court shall direct such slave to be delivered to the overseers of the poor to be sold for cash, and applied as herein directed. If the owner or holder be not in the county or corporation, or be not summoned, the court shall order him to be summoned to some court-day to be specified in the order, to defend his right, which order shall be published at the front door of the courthouse, for two successive court days, and inserted in some newspaper printed in the state, four times successively. The court to which the owner or holder is directed to appear, shall proceed in all respects, as if he had regularly appeared. The nett proceeds of such sale, deducting ten per cent, as an allowance to the overseers of the poor who commenced the prosecution, and the legal costs, shall go towards lessening the poor rate. Any person bringing a slave into this state contrary to this act, forfeits 400 dollars; and every person selling, buying, or hiring such slave, knowing the same to have been brought in contrary to this act, forfeits 400 dollars, for every slave so bought, sold, or hired; which for feitures shall accrue to the commonwealth, to be recovered by action of debt or information, in which the defendant shall be held to special bail; judgment shall be given without regard to any exception for want of form, and an attorney's fee of 20 dollars, taxed in the bill of costs. Any slave who hath been, or may be brought into this state contrary to law, or who shall be passing through the same, by land or water and shall commit a capital crime and be tried and executed therefor, shall not be valued by the court condemning such slave, nor paid for out of the public treasury. Nor shall any slave be paid for, who shall be executed for any crime, in the perpetration of which the owner shall be either a principal or accessary, and be thereof convicted. If any slave hereafter emancipated shall remain within this commonwealth more than twelve months, after his or her right of freedom shall accrue, such slave shall forfeit all such right, and may be apprehended and sold by the overseers of the poor of any county or corporation where found, for the benefit of the poor of such county or corporation. Every overseer of the poor, in addition to the present oaths, shall take the following: "I, A B, do swear that I will faithfully enforce the laws to prevent the importation of "slaves." If in any action of prosecution by overseers of the poor, in virtue of this act, they shall be cast, they shall not be liable to costs, but the same shall be defrayed out of the levy laid by them. Nothing in this act contained shall abridge the power of the executive to remove slaves brought into this state, conferred by the 4th section of the act passed the 21st of January, 1801, to amend an act, to reduce into one the several acts concerning slaves, &c. nor to repeal an act, "authorising the removal of slaves from the county of Alexandria in the District of Columbia." This act to be given in charge to every grand jury.
(To commence the 1st day of May next.)
5. To amend the act concerning suits on bills of exchange, &c.
The object of this law is to amend the third section of the act (Revised Code page 113) so as to authorise an action against the drawers and indorsers jointly, or against either of them separately, instead of the drawers or indorsers jointly or either of them separately; the word or having been inserted in re-publishing this act in 1792, by inadvertence, as it is supposed, the original act from which it was copied having the word and.
6. To amend the act, directing the method of proceeding in courts of equity against absent debtors and other absent defendants, and for settling the proceedings on attachments against absent defendants.
Whenever any creditor whose claim amounts to ten dollars or 400 lbs. of tobacco, shall have good grounds to suspect that his debtor will remove with his effects out of this commonwealth before his debt will be payable, or when such debtor shall have removed, leaving effects, such creditor may go before any magistrate of the county or corporation where his debtor resides, or in case of his removal from where he last resided, or where his effects may be found, and make oath to the true amount of his debt, and the time it will be payable, and that he has just cause to suspect and verily believes that such debtor will remove himself with his effects out of this commonwealth before the debt will be payable, or hath actually so removed, and also, that he had no knowledge when the debt was contracted of the intention of the debtor so to remove; whereupon such magistrate, taking bond and security of the creditor as in other cases of attachments, shall issue one against the effects of the debtor, returnable to the next court, which attachment may be served on the goods of the debtor, or on any garnishee. If the debtor shall not on or before the return of the attachment, enter into bond and good security for the payment of the debt when it becomes due, the court, on due proof of the justice thereof, and of the debtor's intention to remove, or of his being actually removed out of the commonwealth, shall grant judgment as in other cases of attachments, but execution shall be stayed against any garnishee, who states that he is indebted, or will be indebted at a future day to the defendant 'till the claim of the plaintiff or such garnishee's debt to the defendant shall become due, and the goods condemned shall be sold on a credit till the plaintiff's claim shall be payable. The officer selling such goods shall take bond and good security from the purchaser, and assign the same to the plaintiff to the amount of his debt, interest and costs; and where the amount of sales exceeds such debt, &c. shall take a bond with security for the surplus and assign it to the defendant: Provided, that no more of the goods shall be sold than sufficient to pay the debt interest and costs, except where the property cannot be divided; in such cases, the officer shall have commissions only on the amount of the plaintiff's demand, which shall be included in the bond or bonds assigned to the plaintiff, who shall pay the same as commissions included in forthcoming bonds: Provided also, that such attachments shall be {Omitted text, 1w} as other attachments now are. Where such debt shall be less than 10 dollars or 400 lbs. of tobacco, an attachment may be obtained as aforesaid, returnable before any magistrate of the county or corporation, who may grant such judgment, direct such sale and stay execution as aforesaid.
Whenever the plaintiff in any attachment shall alledge that any garnishee hath not discovered the true amount of the debts due from him to the defendant, or what goods of the defendant are in his hands, the court shall direct a jury to be impannelled immediately, without pleadings (unless good cause for a continuance be shewn by either party) to enquire into the true amount due from the garni?hee to the defendant, and what goods of the defendant's are?n his hands. If the verdict be against the garnishee, the court shall give judgment as if he had confessed the facts found by the jury, and if the jury find in his favor he shall recover h?s costs against the plaintiff. When the goods taken by virtue of any attachment shall be claimed by any person other than such debtor, the court shall immediately (unless good cause be shewn by either party for a continuance) direct a jury to be impannelled to enquire into the right of property; and wh?re the jury find for the claimant he shall recover his costs,?o where the jury find for the plaintiff in the attachment, such plaintiff shall recover his costs. In all cases of attachments the defendant may make defence, and any other person claiming the property attached may interplead, without giving bail, provided that the property attached shall not thereby be replevied.
7. To amend the several acts concerning the inspection of tobacco.
Inspectors of tobacco shall inspe?t all transfer tobacco, after it is picked and before it is weighed, and make each hogshead weigh 1250 pounds nett, at least. Inspectors, pickers and coopers of tobacco shall not either directly or indirectly be concerned in the transportation of tobacco by water from their warehouse, under the penalty of 100 dollars for each hogshead; nor shall they for themselves or others, purchase, sell, stem, manufacture, barter, lend, or exchange any tobacco inspected at their warehouse, under the penalty of 10 dollars for each hundred so purchased, &c. Every inspector shall stow away and secure at night, every hogshead of tobacco inspected during the day, under the penalty of 10 dollars per hogshead for each failure; and shall also be liable to the action of the injured party for damages. Inspectors shall prize and cooper up all refused tobacco which the owner shall not choose to have picked, shall weigh the same, and mark the gross weight on each cask, and preserve and deliver it to the owner, or his order, for which they shall receive 50 cents a hogshead: the inspectors shall grant a manifest for each hogshead so delivered; and any person selling or manufacturing refused tobacco, without such manifest forfeits 100 dollars a hogshead. But any person having a hogshead of tobacco refused, may carry it with the manifests to any other warehouse, and the inspectors, first destroying the manifest, may view the tobacco, and if they esteem it of good quality, may either grant a receipt therefor, as now required by law, or another manifest, for which 50 cents shall be paid, expressing the review and that it was a second time refused; after which it shall not be carried to any other warehouse for re-inspection; but may either be picked, or sell it as this law directs. The duty of commissioners, under the act of 1796, shall not extend to any repairs or additions to the warehouses, but only a report of their {Omitted text, 1w}
ACTS of PRIVATE and LOCAL NATURE.
1. AN act authorising the appointment of commissioners to ascertain the different county lines bordering on the Three Notched road, leading from the county of Albemarle to the county of Hanover.
2. Authorising George Pegram, jr. to erect a public Warehouse on his land in the town of Petersburg.
3. Authorising a sum of money to be raised by lottery, for the improvement of a road, leading from Wood court-house to Clarksburg.
4. Authorising the overseers of the poor of Hampshire county to recover a certain sum of money of the late sheriff of the said county, for the purpose therein mentioned.
5. Concerning certain lots in the town of Springfield.
6. To incorporate a company to build a toll bridge over the North Fork of Shenandoah river, from the town of Newhaven to Port Republic, in the county of Rockingham.
7. To authorise the county court of Lee to erect a turnpike or toll-gate on the road leading from Mockerson gap to Cumberland gap, through the said county.
8. Appointing other trustees of the town of Milton.
9. Releasing to John White and William Lee, the right of the commonwealth to a certain lot and lands named therein.
10. Authorising George Cabell, sen. to erect a public Warehouse on his land.
11. Establishing certain public Warehouses, in the town of Lynchburg.
12. Authorising a sale of the Glebe of Bristol parish.
13. Establishing a turnpike road from the head of Roanoke river, over the Alleghany mountain.
14. Declaring Clinch river a public highway.
15. Authorising the payment of a sum of money to Thomas Millan.
16. Remitting certain militia fines.
17. To repal an act for killing crows in certain counties.
18. Making provision for improving and keeping in repair certain parts of the state road, leading through the county of Randolph.
19. For raising a certain sum of money by way of lottery or lotteries for the benefit of Rumford academy, in the county of King William.
20. Establishing certain inspections of flour.
21. Authorising a sum to be raised by lottery, for opening a road from Monongalia glades, to the mouth of Fishing creek.
22. To amend the act establishing an Academy near the city of Richmond.
23. Altering the reward for killing wolves in certain counties.
24. A pointing commissioners to view and mark out a way for a road from Thornton's gap, in the Blue ridge, to the Little river turnpike road leading to Alexandria; and to raise a sum of money by lottery for opening the said road.
25. Establishing certain inspections of tobacco in the county of Kanawha.
26. Authorising a toll bridge over Pagan creek, in the county of Isle of Wight.
27. Establishing a town on the lands of James Simpson, in the county of Botetourt.
29. Divorcing Ayers Tatham for his wife Tabitha.
29. Remitting a fine to Drury Woodson.
30. To amend the act concerning the town of Abingdon.
31. Establishing a turnpike over the Blue ridge, at Thorntons's gap.
32. Authorising a sale of part of the real estate of John Peyton, deceased.
33. To increase the salaries of the inspectors at Woodson's warehouse.
34. Allowing certain insolvencies to the account of William Cole, dec.
35. Making an addition to Westbrook warehouse, in the town of Petersburg.
36. Authorising a sum of money to be raised by lottery to build a toll-bridge over Cheat river
37. {Omitted text, 3w} assurance society against fire on buildings of the stat? of Virginia.
38. For incorporating trustees of an academy in the town of Dumfries.
39. Authorising John Brander to erect a toll-bridge over Swift creek, in the county of Chesterfield.
40. To amend the act providing for the poor, &c.--The object of this law being merely to extend to corporate towns, the provisions of the act now in force, for indemnifying the several counties, on account of bastard children who are likely to become chargable to the county, it was thought unnecessary to give a summary of the act, under the head of those of a public nature.
41. Conccerning a mill-dam, authorised to be erected by Adam Hickman, across the West {Omitted text, 1w} of Monongalia river.
42. Concerning the town of New? Market, in the county of Shenandoah.
43. Releasing to James Wright and Eve his wife, the right of the commonwealth to certain land therein mentioned.
44. Allowing a further time to the owners of lots in certain towns, to build thereon.
45. Allowing Edward Houchins a sum of money for his present relief, and placing him on the pension list.
46. Allowing a claim to Jesse Merryman, administrator of Thomas Merryman, dec.
47. Incorporating the town of Wheeling, in the county of Ohio.
48. Forming a new county out of certain parts of Montgomery, Monroe and Tazewell.
49. Amending the act "authorising the erection of mills on Little Kanawha river.
50. Establishing several new ferries and increasing the rates of others, heretofore established.
51. To incorporate a library company in the county of Rockingham.
52. Altering the time of holding quarterly courts for Northampton county.
53. Allowing further time to the Potowmack company to complete the navigation of Potowmack river and for other purposes.
54. Concerning James Terlington.
55. To amend the act, entitled, "An act, concerning the town of Charlottesville."
56. Altering the court day of Spottsylvania and Rockbridge counties.
57. Appointing trustees of the estate belonging to the orphans of James Rind, for the purposes therein mentioned.
58. Remitting certain fines to John and Thomas Warren.
59. Concerning the navigation of James River.
60. To amend and explain the act concerning certain free-school land in the county of Elizabeth City.
61. Concerning the militia of the Borough of Norfolk.
62. To amend the act for classing the counties, &c. The object of this amendment is to give to the counties of Goochland, Isle of Wight and Stafford, two commissioners of the revenue, instead of one, allowed by the act of the last session.
(Page 2)
{Omitted text, 1w} and the quantity of tobacco they are capable of containing; upon which report the court may make such orders relating thereto, as before the passage of the said act: Provided, that the commissioners shall provide such conveniencies as are now authorised to be at the public expense, and have the same repaired when necessary. In case any court shall fail to appoint such commissioners at August or September terms, they may appoint them at any time between the months of September and April following. Penalties under this act now be recovered by action of debt, petition or warrant, in the county or corporation where the offence shall be committed, one half to the prosecutor, the other to the commonwealth. The public printer shall hereafter furnish one copy of all the acts now in force concerning the inspection of tobacco, to the inspectors at the several warehouses established by law; and in like manner furnish the said inspectors with one copy of any law hereafter to be made, amending the laws concerning the inspection of tobacco, which copies shall be forwarded to the several counties in which the inspections are situated, with the acts of the General Assembly. (To commence the 1st day of June next.)
8. More effectually to enforce the payment of certain fines into the public treasury.
The clerk of every court, in which any fine, forfeiture, penalty or amercement, shall be imposed or adjudged, the whole or any part of which goes to the commonwealth, shall, immediately after the rising of the court, issue an execution against the goods, or body of the defendant, which shall be levied and accounted for, under the same penalties for neglect of duty, as in case of other executions on behalf of the commonwealth. Every clerk issuing such execution, shall obtain the sheriff a receipt therefor, and certify a copy of the receipt, together with a copy of the execution and judgment to the auditor within 60 days after the date of the receipt, for which he shall be allowed one dollar, to be paid by the public, and such certified copies shall be evidence on any motion against the sheriff or officer. Any clerk failing to certify such papers, within the aforesaid time, forfeits 50 dollars to the commonwealth, recoverable by action of debt or information in any court. The auditor, on receiving such receipt, shall immediately debit such sheriff with the amount thereof, in his account of the revenue of that year and if the sheriff fails to pay the same, with the public taxes, after an allowance for insolvencies to be made by his court, such sheriff shall be subject to the same proceedings against him as for public taxes, provided, that no sheriff shall be liable for the mount of such execution which is not returnable before the taxes are payable, until the revenue of the next year becomes due, when he shall pay the amount collected by virtue of such execution as before directed. The clerks of the several courts, in which any fine, forfeiture, penalty or amercement, may have been imposed or adjudged for the use of the commonwealth, shall within three months after the commencement of this act, transmit to the auditor correct lists of all writs of capias profine, or other writs of execution which have issued from their offices, on judgments rendered since the first day of January, 1796, for any fine, penalty, forfeiture or amercement appropriated by law, either wholly or in part, to the use of the commonwealth, with their amount severally, the officer's name to whom delivered, and his return, if any. Every clerk failing to transmit such list, forfeits 50 dollars, recoverable by motion of the auditor, in the general court, on ten days notice. The auditor, on receiving such list, shall proceed against every sheriff who has collected any fine, penalty, forfeiture or amercement, or part thereof, by motion in the general court, on ten days notice, for the amount collected; on which motion the list certified by the clerk, shall be admissible evidence. The clerk of every court shall furnish the attorney for the commonwealth prosecuting therein, lists of all process for fines, &c. issued since the first of January, 1796, and which are not returned. And it shall be the duty of such attorney, to proceed by motion against such sheriff, on ten days notice, for failing to return such process, who shall be liable to the same penalty for the use of the commonwealth, as for failing to return other executions on behalf of the commonwealth. And, on any such process, being afterwards returned satisfied in whole or part, the clerk shall certify the return to the auditor, who shall proceed to recover the same as before directed. No court shall remit any fine, penalty, forfeiture or amercement, except fines imposed for contempts committed against the court, in which case, the court may remit such fine, or any part, during the term at which it shall be adjudged. Provided, that nothing herein contained shall extend to cases, where, by law, time is given the party to shew cause, nor to cases where express power is given to the courts to remit such fines, &c. by the respective acts imposing the same.
Nothing in this act shall be construed to extend to such fines, forfeitures, penalties or amercements, as are now directed by law, to be applied towards lessening the county levy, or which may otherwise be specially appropriated by any act of the general assembly. (To commence the first of June next.)
9. Giving further powers to overseers of the poor in certain cases.
In cases where donations were formerly made for charitable purposes, to be under the direction of vestries, the overseers of the poor, by this law, have the power of collecting the funds and appropriating them according to the intention of the donor. No person migrating into this state, shall be entitled to be placed on the poor list within three years after his arrival, unless it shall appear that he was not an object of charity at the time of his migration.
10. To amend the several acts concerning the high court of chancery.
This law is merely intended to authorise the removal of a cause from one chancery district to another, where the judge in which it is depending is or may be interested; also, in case of a vacancy in the office of judge to enable the next nearest judge to grant injunctions and writs of {Omitted text, 1w} exeat.
11. Giving further time to the proprietors of certain lands forfeited for the non-payment of taxes to redeem the same.
Until the first day of March, 1807, is given to redeem lands forfeited for non-payment of taxes, by paying all arrears of taxes due thereon.
12. To amend the acts concerning the district courts, &c. This law provides for supplying the place of a judge appointed during the recess of the legislature, who is a {Omitted text, 1w} to a particular district and who may be displaced.
13. Further to amend the several acts concerning the militia--Off??ers commanding companies are to cause the public arms heretofore distributed to be produced to the Major at the battalion muster in May next, who shall cause them with those hereafter issued to be distributed by entire companies; first arming the light companies where they are complete; if there is more than one light company, the Major to determine between them by lot; so if there is no light company he is to decide by lot between the other companies. Non commissioned officers and soldiers thus armed, failing to attend their musters with their arms in complete order, to be fined not less than 75 cents nor more than 2 dollars; and refusing to receive arms when offered, or to give a receipt therefor, except the refusal be by a Quaker or Menonis?, to be fined not exceeding 10 dollars; and for refusing to deliver the same when called for, or removing out of the bounds of their company without delivering their arms to their officer, to forfeit 20 dollars Majors to a tend company musters, and Colonels battalion musters at least once a year, to review them and inspect their arms For failing to carry the provisions of this law into effect, a Captain forfeits 20 dollars, a Major 30 dollars, and a Colonel 40 dollars. Artificers in the Armoury to be embodied in one entire company, and the ??fices appointed by the Executive, and to act as a guard to the Armoury--{Omitted text, 1w} officer hereafter accepting a commission can resign in less than 5 years, unless by consent of the regimental court of enquiry, or the executive--The executive to declare by proclamation the uniform of the state.
14. Concerning free negroes and {Omitted text, 1w} .--This law prevents free negroes & mulattoes from keeping fire arms, unless by order of court.
63. Incorporating a library company in the city of Richmond.
64. To amend the act authorising Talbot Godwin to erect a toll bridge from the town of Suffolk over the eastern branch of Nansemond river.
65. Imposing taxes for the support of government.
66. To repeal part of the several acts allowing a reward for killing wolves. Every part of an act heretofore made, giving a reward for killing wolves, is repealed, so far as it is prescribed that the rewards paid by the county shall be repaid by the public.
67. To provide for the payment of certain expenses incurred by the removing of certain prisoners to the penitentiary.
68. Concerning the auditor.
69. Appointing commissioners to view a way for a navigable canal from {Omitted text, 2w} to Appomattox.
70. Concerning Joseph Woodson and Carter B. Harrison.
71. Supplementary to the act concerning the Mutual Assurance Society against fire on buildings, &c.
72. Authorising the superintendant of the manufactory of arms to receive apprentices on behalf of the state.
73. To pay the officers of the present general assembly for their services.
74. Authorising mill dams to be built over Monongalia river.
75. Concerning the James river company.
76. To amend an act for more effectually preventing obstructions to the passage of {Omitted text, 2w} James river, &c
77. {Omitted text, 1w} an execution against Benj. & Edw'd. Branch, adm'rs. of Benjamin {Omitted text, 1w}
78. To relinquish to Elizabeth Smith, wife of William Smith, the right of the commonwealth to certain lands.
79. Providing for the appointment of collectors of certain taxes in Tazewell and Lee.
80. Authorising Andrew M Intire to erect a mill dam across the mouth of Simson's creek.
A resolution approbatory of the conduct of the present administration of the government of the U. States, in its intercourse with foreign nations, and reciting the causes of our differences with Spain, as well as other foreign powers who have violated our neutral rights, particularly in our commercial affairs, concluded with the following sentence:
"That the General Assembly of Virginia, having the highest confidence in the wisdom, virtue and firmness of the President of the United States, and of the Congress thereof, are ready, whenever the latter shall deem it necessary, to join in a contest with any nation that has injured us, and "try which party can do the other the most harm."
On the question to agree to the resolution, in the house of Delegates, a division was called for. That part which expressed our confidence in the wisdom, virtue and firmness of the President, was carried by 151 to 8 votes. The latte? {Omitted text, 1w} of the resolution, together with the {Omitted text, 3w} {Omitted text, 1w} adopted. In the Senate, the {Omitted text, 3w} to with one dissenting voice only.
Several other subjects of great importance have been discussed during the late session, but miscarried either in the house of Delegates, or the Senate.
1. A petition from the counties of Henry and Patrick, "requesting the legislature to adopt means for calling a convention to revise the state constitution," was taken up, and the further consideration of it postponed to the 31st day of March next--A yes 98--Noes 58.
2. A bill "to prevent the emancipation of slaves within this commonwealth," was lost in the house of Delegates, on the question for reading it a third time--A yes 73--Noes 75.
3. A bill "to amend the judiciary system," together with a substitute to the original bill, produced much discussion; and after having undergone various amendments, both were finally {Omitted text, 1w} , in the house of Delegates.
4. A bill to extend the jurisdiction of a single justice of the peace to twenty dollars, and to abolish petitions for small debts, passed the house of Delegates--A yes 89--Noes 62--but was lost in the Senate by the casting vote of the speaker--The provisions of this bill were nearly similar to those contained in the bill which passed the house of Delegates last year.--The judgment of a single magistrate was to be final as far as ten dollars. From ten to twenty dollars an appeal was allowed; but in order to prevent appeals a stay of execution was granted the defendant. On the affirmance of the judgment, ten per cent. damages were to be awarded. When an execution issued after a stay, or upon the affirmance of an appeal, no security was to be taken. In an officer returned "no effects" on an execution issued upon a?judgment rendered by a magistrate, the clerk of the court might issue an execution against the body. To relieve magistrates from the trouble of taking appeal bonds, a bare acknowledgment of the security indorsed on the warrant was sufficient.
The taxes remain as heretofore, viz.
..........D. C.
On lands, for every 100 dollars value according to the equalizing law,..........00 48
On every slave above 12 years old, except those exempted as heretofore,..........00 44
On every stud horse and jack ass, twice the price of the season.
On all other horses, mules, mares and colts, for each,..........00 12
On every ordinary license,..........12 50
On every 4 wheeled riding carriage, except phaetons and sage waggons, per wheel,..........1 25
On every phaeton and stage waggon, per wheel,..........00 81
On every other riding carriage, with two wheels, per wheel,..........00 43
On lots and houses in town, for every 100 dollars of the rent,..........1 56
On every merchant selling by wholesale and retail, for each store,..........40 00
On every retail merchant, for each store,..........15 00
On every hawker and p?dlar,..........20 00
Number of Militia in the Commonwealth of Virginia, taken from the annual return, for the Year 1805.
Infantry..........76,573
Cavalry..........3,438
Artillery..........1,365
..........Total 81,376
[S. PLEASANTS Jr. PRINTER RICHMOND]
{Omitted text, 1w} of the Armory.
From a very accurate and detailed statement furnished by the Superintendant of that institution, it appears that the following arms have been finished in the year ending with the 30th of November, 1805, with the cost annexed to each article.
..........$ Cts. Mills.
2135 Muskets, with bayonets, at..........10 91 2 each.
211 Pistols for cavalry, (carrying a musket cartridge)..........7 52 2 do.
699 Swords, for {Omitted text, 1w} ..........5 29 6 do.
18 Iron scabbards..........2 45 1 do.
352 Set tips for leather do...........81 9 do.
58 Rifles..........16 70 5 do.
Thus it appears that a musket with bayonet complete, manufactured at the Virginia Armory, and of superior quality, costs only ten dollars, ninety one cents and two mills; whereas those imported, are well known to be of inferior quality, & cost the state, upon an average, thirteen dollars and fifty cents.
PENITENTIARY SYSTEM.
Criminals received.
In 1800..........21
1801..........33
1802..........44
1803..........55
1804..........44
1805..........50
..........Total 244
Discharged..........115
Escaped..........4
Died..........7
126..........126
..........Remaining 118
Crimes for which they are now confined
For murder in the second degree..........14
Grand?arceny..........29
Forgery & counterfeiting money..........5
Burglary..........8
Horse stealing..........33
Man-slaughter..........2
Rape..........2
Highway robbery..........1
Insurrection..........1
Felony..........19
Stubbing..........3
Maiming..........1
..........118
There are 91 white men and 2 white women, 22 blackmen and 3 black-women now in confinement. Since the penitentiary went into operation 4 have been returned for new offences.
..........D. C.
Balance against the institution last year, from its interior operations,..........2691 38
Expense of guards in carrying prisoners from the district jails to the penitentiary in 1805,..........3066 47
..........5757 85
Resources and Expenditures of the Commonwealth.
..........D. C.
Expenses of the General Assembly..........46,000
Officers of Civil Government..........64,000
Officers of militia..........3,400
Criminal prosecutions..........25,000
Expense of guards..........10,000
Slaves executed..........3,000
Slaves transported..........2,000
Lunatic hospital..........6,500
Richmond guard..........15,000
Building of manufactory of arms..........4,000
Expense of manufacturing arms, including officers' salaries..........40,000
For the completion of James river canal warehouse..........750
For the completion of the penitentiary building..........1,577
Expense of removing criminals to the penitentiary, and their confinement therein, including the salaries of the officers..........7,500
Public services of district court clerks..........1,700
Interest on public debt registered..........6,000
Ditto on debt due persons who paid money into the treasury on account of British debts..........3,000
Pensioners..........5,500
Expense of representation to congress, and the senate of the state..........300
An instalment on the shares of the state in the bank of Virginia..........30,000
Commissioners of the revenue..........13,500
Contingent expenses of government..........11,000
Upper Appomattox canal company..........625
To pay the debt due James Prudden..........905
To pay the debt due John A. Chevallie..........1,994
To refund money to Thomas Millan..........75
To pay for bringing up the manuscript journals of the house of delegates, of the years 1783 & 1784, agreeably to the resolution of the house of delegates of December 19, 1804..........36 25
To pay warrants on the treasury in favor of the surveyor of James river, above the falls..........702 26
To pay the interest due the bank prior to Jan. 1806..........10,652 68
To do, which will become payable in July next..........4,800
To pay James Terlington..........77 26
For renting a house for the residence of the governor..........500
..........320,094 45
Revenue of the Commonwealth to meet the foregoing expenditures.
..........D. C.
Cash in the treasury the 1st of October, 1805..........128,700 40
Probable receipts on account of the revenue of 1805, by October next,..........180,000
Probable receipts on account of arrearage of the revenue of 1804..........84,000
Do on account of arrearages prior to the year 1804..........15,000
Surplus on tobacco exported..........21,269
Tax on law process..........14,241
Register's fees..........1,953
Dividend on the state's shares in the bank, declared the 6th of January, 1806..........12,000
Probable dividend on ditto, in July next, estimated at $ 3 50 cts. each share..........10,500
Nett amount collected at the James river canal warehouse..........1,000
Probable amount which will be received on account of transported slaves..........2,000
Tax on merchants' licenses..........30,432 74
..........$ 501,096 14?
Return to:
Also see:
Right to Keep and Bear Arms -
2006 GunShowOnTheNet.com