119809
AUG 1 91948
ACTS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF YIEGINIA,
PASSED IN 1861-3,
IN THE
EIGHTY- SIXTH YEAH OF THE COMMONWEALTH.
RICHMOND:
WILLIAM F. RITCHIE, PUBLIC PRINTER.
1862.
PUBLIC OR GENERAL ACTS.
Chap. 1.—An ACT imposing Taxes for the Support of Government.
Passed March 27,1862.
1. Be it enacted by the general assembly, that the taxes on the
persons and subjects in this chapter mentioned, or required by law
to be listed or assessed, shall for the present year and thereafter be
yearly as follows:
Taxes on lands and lots.
On tracts of lands and lots, with the improvements thereon, not Tax on land
exempt from taxation, sixty cents on every hundred dollars value
thereof; and herein shall be included all tracts of lands and lots, what included
with improvements thereon, not otherwise taxed or exempt from
taxation, of incorporated joint stock companies, savings institutions
and insurance companies.
On personal property.
2. On all the personal property (excepting provisions and wool of On personal pro
last year's clip; but this section shall not be so construed as to ex- Sndfcredfta63'8
elude from taxation any provisions purchased for sale by the holder •
thereof), moneys and credits, as defined in this section, including what included
all capital, personal property and moneys of incorporated joint stock what exempted
companies (other than rail road, canal or turnpike companies), and
all capital invested, used or employed in any manufacturing, trade
or other business, sixty cents on every hundred dollars value thereof.
But property otherwise taxed, and property from which any income
so taxed is derived, or on the capital invested in any trade or busi¬
ness, in respeet to which a license so taxed is issued, certificates of
stock, moneys and personal property that constitute part of. the ca¬
pital of any bank, pavings institutions and insurance companies,
whether incorporated by this or any other state, which have declared
dividends within one year preceding the first day of February, of as
much as six per cent, profits, shall not be taxed under the provisions
of this section. The word "moneys" shall be construed to include
not only gold, silver and copper coin, but bullion and bank notes.
The word "credits" shall be construed to mean all bank, state or
corporation stocks, claims or demands owing or coming to any per¬
son, whether due or not, and whether payable in money or other
4:
FINANCIAL. TAXES.
thing. Moneys and credits owned by any resident of this state, whe¬
ther such moneys or credits are within or w-ithout this state, shall
be taxed at the rate prescribed by this section.
On free negroes.
On free negroes 3. On every male free negro who has attained the age of twenty-
one years, one dollar and twenty cents; but no tax shall hereafter
be assessed or collected on such male free negro under the act of the
sixth of April eighteen hundred and fifty-three, establishing a colo¬
nization board.
On white males.
On white malea 4. On every white male inhabitant who has attained the age of
twenty-one year3, not exempted from taxation by order of the court
in consequence of bodily infirmity, one dollar and twenty cents.
On public bonds.
On interest on 5. On the interest or profit which may have accrued, and is sol-
pubiic onds yent, 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 and 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, ten per centum.
But such interest or profits derived from bank stock or shares of
savings institutions and insurance companies which pay taxes thereon
into the treasury, shall not be included herein, unless invested or
otherwise appropriated, and if so invested or otherwise appropriated,
the tax thereon shall be at the rate of sixty cents upon every hun¬
dred dollars value thereof. If no interest shall have been received
within the year preceding the first day of February, then the value
of the principal of such bonds shall be assessed and taxed as other
property.
On bank dividends.
Bank dividends 6. On the dividends declared by any bank incorporated by this
state, the tax shall be ten per centum upon the amount thereof, to
be paid into the treasury by the bank. If the dividend be that of a
bank incorporated elsewhere, the tax shall be ten per centum upon
the amount thereof, to be assessed and collected as other taxes.
On dividends of savings institutions, telegraph, steam boat, insu¬
rance and such like companies.
On dividends of 7. On the dividends declared within the year preceding the first
and hfaoranco day of February, if the same be equal to or over six per centum on
companies its capital, by savings institutions, telegraph, steam boat, insurance
and such like companies, whether incorporated by this or any other
FINANCIAL.—TAXES.
5
state, or whether operating with or without a charter, to be paid by
such institutions and companies into the treasury, respectively, ten
per centum. If there be* no dividend, or if such dividend be not
equal to six per centum of such capital, then such institution and
such company shall pay a tax on its capital at the rate of sixty cents
on every hundred dollars of such capital; and herein capital shall
consist of stock subscribed, money deposited, and bonds and other
evidences of debt held or owned by such institutions and companies.
On dividends of companies not incorporated by this state.
8. On dividends of rail road or other like companies, not incor- Dividends of
porated by this state, the tax shall be ten per centum upon the fncorporaL<Tby
amount thereof, to be listed and charged to the recipient of such thls state
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.
On income.
9. On the income, salary, compensation or fees received during the On income or
year ending the first day of February of each year, in consideration fees
of the discharge of any office or employment in the service of the
state or of the Confederate States, or in consideration of the dis¬
charge of any office or employment in the service of any corpora¬
tion, or in the service of any company, firm or person, el'eept where Exception
the service is that of a minister of the gospel, one and one-half per
centum upon so much thereof as exceeds fi-ve hundred dollars. The Taxes of offi-
tax on a salary payable under this section by an officer of govern- meat" how paid
rnent 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 be listed and assessed by the commis¬
sioners as in other cases, and at the rates prescribed thereon.
On toll bridges.
10. On the yearly rent or annual value of toll bridges and ferries, on toil bridges
other than those toll bridges and ferries exempt by their charter from and ferne®
taxation, ten per centum.
On collateral inheritances.
11. On the estate of a decedent, which passes under his will or collateral in-
by descent to any other person, or for any other use than to or for hentances
the use of the father, mother-, husband, wife, brother, sister, nephew,
niece, or lineal descendant of such decedent, there shall be a tax of
two per centum of such estate.
Estates passing under sequestration acts.
12. On all estate, which, under the effect or by the provisions of Sequestration
the sequestration act of the confederate congress, or any act amen- act of congreBS
6
FINANCIAL.—TAXES.
Tax on estates datory thereof, may legally pass, otherwise than by purchase, to any
passing person, there shall be a tax of two per centum on the value thereof.
Internal improvement companies.
internal im- 13. On every passenger transported on any rail road or canal in
panTe™6114 C°m' state, one "and a half mill for every mile of transportation; and
on all freight transported on any such rail road or canal, three-
fourths of one per centum of the gross amount received by the com¬
pany controlling such rail road or canal, for the transportation of
such freight, or for tolls thereon, 01* for privileges granted thereby,
and it shall be the duty of every such company to collect for the
Kail road ana state the tax herein imposed; and every rail road company or canal
to'report^o^he3 company, whether exempted from taxation by its charter or not,
teriy °r qUar" shall hereafter report quarterly, on the fifteenth day of March, June,
What to report September and December in each year, to the auditor of public
accounts, the number of passengers transported, and the aggregate
number of 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 improvement owned or connected therewith, during the quarter
of the year next preceding the first day of the month in which such
when only part- report is made. Such company, whose road or canal is only in part
state thm tIie within the commonwealth, shall report as aforesaid such portion only
of such amount received for transportation of freight, as the part of
the said road or canal which is within this commonwealth bears to
the whole of such road or canal. If the profits of such road or canal
consist in whole or in 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 freight. It is the inten¬
tion of this act to abrogate and annul all exemptions from taxation
of any such company contained in its charter, during the existing
war, and to subject such company to the uniform rate of taxation
prescribed by law, so far as the general assembly has power to do so.
Statement of rail road officers.
Report made on 14. Such statement shall be verified by the oaths of the president
and the superintendent of transportation, or other proper officer.
Penalty for Every company failing to make such report, shall be fined five hun-
1 v dred dollars ; and any company having a subordinate board, or any
board managing any part of its works may, by its lw-laws, create
and enforce such penalties as will secure proper reports of such coin-
Tax on passen- panies. At the time of making such reports, such company shall
Tax on freight pay into the treasury the taxes imposed on passengers, freight, tolls
To be exempt and privileges as in this act is provided. Every such company pay-
lands ax °n eiring such taxes, shall not be assessed with any tax. on its lands,
buildings, cars, boats or other property (owned but not hired) which
in case of failure they are authorized by law to hold or have. But if any such com-
FINANCIAL.—TAXES.
7
pany fail to pay such taxes at either of the times specified therefor, to pay, what is
then its lands, buildings, cars, boats and other property shall bedona
immediately assessed under the direction of the auditor of public
accounts, by any person appointed by him for the purpose, at its full
value, and a tax shall at once be levied thereon, as on real estate
and other property, at fifteen cents on every hundred dollars value,
on account of each quarterly default, 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.
15. Every express company, in addition to the license tax on such Express eompa-
company, on any express business, shall make a return to the auditor make^emi™1'°
of public accounts, on the fifteenth day of dune and December in to auditor o™8
each year, of the total receipts of such company, on account of its rece'Ptg
operations within the state of Virginia, within the six months pre¬
ceding the first day of June and December in. each year. Such Returns to on
returns shall be verified by the oaths of the agent and chief officers °ath
of such company, at its principal office or offices in the state, in the
manner and according to the form prescribed by the said auditor,
whether collected within or without the state. Such express com- Tax on receipts
pany shall pay on the total receipts so reported, a tax of one and a
half per centum, except for the transportation of bank notes for Exception
brokers and for non-residents, for which the tax shall be one-fourth
of one per centum upon the amount of bank notes transported; and Penalty for foa-
for failure to make such report or pay such tax, a penalty of not less reportpay
than one thousand dollars nor more than five thousand dollars, shall
be imposed upon the company so failing, to be recovered as other
penalties are; and to be paid into the general treasury in lieu of a
tax: provided, however, that no express company, through any of its
agents, shall transact any business appertaining to the business of a
broker, unless it be for the. commonwealth. Such principal officer
shall require from the several agents employed by such company, a
report of their transaction, on oath, which report, so sworn to, shall
accompany the report of the chief officer to the auditor of public
accounts.
On suits.
16. When any original suit, ejectment, attachment' (other than on original suits
a summons to a suggestion sued out under the provisions of the ele¬
venth section of chapter one hundred and eighty-eight of the Code),
or other action is commenced in a circuit, county or corporation court,
there shall be a tax of one dollar; if it be an appeal, writ of error or Appeals, &c.
supersedeas in a circuit court, there shall be a tax of two dollars; if
it be an appeal, writ of error or supersedeas in a district court, five
dollars; and if in a court of appeals, five dollars.
8
FINANCIAL.—TAXES.
On seals.
Seals of courts When the seal of a court, of a notary public, or the seal of
Ex'emptioDB14316 8^a^e annexed to any paper, except in those cases exempted
Code, p. 216 j,y law, the taxes shall be as follows: For the seal of the state, three
dollars; for any other seal, one dollar and fifty cents; and herein
shall be included a tax on a scroll annexed to a paper in lieu of an
official seal. But this section shall not apply to seals of courts af¬
fixed to bonds of any county executed for money raised to aid in
equipping soldiers of such counties, 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 sol¬
dier, either from this state or the Confederate States.
On 'wills and administrations.
Winn and admi¬
nistrations
18. On the probate of every will or grant of administration, there
shall be a tax of one dollar and fifty cents..
Deeds.
Deeds and con-
iraeta
Bank corpora¬
tion*
.Manufacturing
companies
19. On every deed admitted to record, whether the same has been
recorded before or not, and on every contract relating to real estate,
whether it be a deed or not, which is admitted to record, there shall
be a tax of one dollar and fifty cents.
Taxes on bank corporations.
20. On every law incorporating or chartering or reehartering any
bank with a capital not exceeding two hundred thousand dollars,
there shall be a tax of seventy-five dollars; with a capital of over
two hundred thousand dollars and not exceeding four hundred thou¬
sand dollars, there shall be a tax of one hundred and fifty dollars;
with a capital of over four hundred thousand dollars and not exceed¬
ing six hundred thousand dollars, there shall be a tax of two hun¬
dred and twenty-five dollars; with a capital of over six hundred thou¬
sand dollars and not exceeding eight hundred thousand dollars, there
shall be a tax of three hundred dollars; and with a capital of over
eight hundred thousand dollars, there shall be a tax of three hundred
and seventy-five dollars.
Taxes on manufacturing companies.
21. On every law incorporating or reehartering any oil, iron, coal
or manufacturing company, if the maximum capital is one hundred
thousand dollars or less, there shall be a tax of seventy-five dollars;
and if it exceed that amount, there shall be a tax of one hundred
and fifty dollars.
FINANCIAL.—TAXES.
9
Taxes on gas light and other companies.
22. On every law for the incorporation of any canal, rail road, Gas light and
, , , . , .j. . other companies
insurance, gas light, express or telegraph company, if the maximum
capital is one hundred thousand dollars or less, there shall be a tax
of seventy-five dollars; and if it exceed that amount, there shall be
a tax of one hundred and fifty dollars: provided, that the tax im¬
posed by this section sball not apply to the Virginia canal company.
Tax on savings institutions.
23. On every law chartering, renewing or extending the charter of Savings institu-
any savings institution, if the maximum capital is one hundred thou-tl0ns
sand dollars or less, there shall be a tax of seventy-five dollars each;
and if it exceed that amount, there shall be a tax of one hundred
and fifty dollars.
Tax on private corporations.
24. On every law chartering, renewing or extending the charter of private corpo-
any private corporation, other than those herein before mentioned, Exceptions
and other than acts for the incorporation of. a college, academy, semi¬
nary 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 seventy-five dollars; and if it exceed that amount,
there shall be a tax of one hundred and fifty dollars.
Unorganized, companies, how taxed.
25. All the acts of assembly creating or continuing corporations, Tax on private
mentioned in the twentieth, twenty-first, twenty-second, twenty-third heretofore113
and twenty-fourth sections *bf this act, which, since the third day ofcreated
April eighteen hundred and sixty-one, have not been organized by
accepting the charter granted to the corporators and paid the taxes
thereon according to the provisions of the act entitled an act
imposing taxes for the support of government, passed April third,
eighteen hundred and sixty-one, shall hereafter, upon being organ¬
ized, or upon 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 the company
or corporation of which he is president, on or before the first day of
July eighteen hundred and sixty-two, 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 such acceptance, make such report, and at the same time pay
into the treasury the amount of tax imposed by this act.
10
FINANCIAL. TAXES.
On Licenses.
Ordinaries.
Ordinaries and 26. The taxes on licenses shall he as follows:
pubhe entertam- Qn a ]jcenge keep an ordinary or house of public entertainment,
sixty dollars; and if the yearly value of such house and furniture,
whether rented or kept by the proprietor, excee.d one hundred dol¬
lars, and is less than two hundred dollars, the tax shall be seventy-
five dollars; and if the yearly value thereof exceed two hundred
dollars, there shall be added to the last mentioned sum, twenty per
Retailing ardent cent, on so much thereof as exceeds two hundred dollars; and if the
spirits license grants the 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 seventy-five dollars in addition to the
amount otherwise imposed; and if the busin As be continued, there
shall also be a tax of one and one-half per centum upon the amount
of such sales for the preceding year, in addition to the specific tax.
Ordinary keep- But the privilege to sell ardent spirits hereby authorized, shall not
sales'made°at be construed to authorize the sale of any other thing under cover of
taverns a ]{cenge t0 jfggp an ordinary, and any sales not authorized at such
ordinary shall be deemed to be sales made by the ordinary keeper
without license.
Private entertainments.
Private enter- 27. On a license to keep a house of private entertainment or a
boarding houses private boarding house, ten dollars. If the yearly value thereof and
furniture exceed one hundred dollars, there shall be added to the
last mentioned sum fifteen per cent, on so much thereof as exceeds
one hundred dollars. But no house shall be deemed a private
boarding house with less than five boarders.
Cook shops and eating houses.
Cook shops and 28. On every license to keep a cook shop or eating house, twenty-
eatmg houses gve ^0jjarg. an(j jn addition thereto, twenty-five per cent, on so
much of the yearly value thereof as exceeds one hundred dollars.
Bowling alleys.
Bowling alleys 29. On every license permitting a bowling alley or saloon to be
or saloons ^ a year> seventy-five dollars; but if there is more than one
such alley kept in any one room, twenty-five dollars each shall be
charged for the excess over one.
Billiard tables.
Billiard tables 30. On every license permitting a billiard table to be kept for a
year, one hundred and fifty dollars; but if there is more than one
such table kept in any one room, seventy-five dollars each shall be
charged for the excess over one table.
FINANCIAL.—TAXES.
11
Bagatelle tables.
31. On every license permitting a bagatelle or other like table to Bagatelle tables
be kept for one year or any less time, thirty dollars for the first, and
if more than one, fifteen dollars for each additional table.
Livery stables.
32. On every license to a keeper of a livery stable, one dollar and Livery stablea
fifty cents for each stall thereof; and herein shall be included as
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
license shall be allowed to any person in consequence of such person
being licensed to keep an ordinary or house of private entertain¬
ment, if any horses be kept, fed or hired for compensation by the
proprietor thereof, except that no tax shall be required on such stalls
as are kept exclusively and used for horses belonging to travelers or
guests stopping at such house.
License to distill ardent spirits from fruit, S^c.
33. On every license to distill ardent spirits from fruit, vegetables, Distilleries-
syrups, molasses, sugar cane or sugars, the tax shall be thirty dollars; TaxfordiatlUins
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 for the year
next preceding or for any part thereof: provided, that thirty-three
gallons of brandy shall be exempt from the operation of this tax,
when made by the owner for his own use. A license for the busi¬
ness authorizing this section shall be obtained as other licenses are
obtained, and with like penalties for a failure to obtain the same,
notwithstanding the exemption provided for in the act passed March
the 30th, 1860, entitled an act making regulations concerning licenses.
Licenses to rectify ardent spirits.
34. On every license to rectify ardent spirits, if the machinery be Rectifying ar-
propelled by steam power, the tax shall be one hundred and fifty ^ax spirits
dollars, and if the machinery be not so propelled, the tax shall be
seventy-five dollars; if such establishment has been in operation for Additional tax
the preceding year or any part thereof, and the same shall be con-lf continU0d
tinued in operation, there shall be an additional tax of twenty cents
per gallon on the quantity rectified and sold in the next preceding
year.
Merchants.
35. On every license to a merchant or mercantile firm, where a Merchant's gpe-
epecific tax is to be paid, ninety dollars; but if the capital employed 0lflc tax
and to be employed for the year, including as capital the cash so
12
FINANCIAL. TAXES.
used, whether borrowed or not, and goods purchased on credit by
said merchant or firm, be shown by affidavit to be less than five
hundred dollars, the tax to be paid shall be fifteen dollars; but noth¬
ing contained in this'section shall be construed to authorize any
When proper- such person to sell wine, ardent spirits, or a mixture thereof; and
when the tax is in proportion to the sales, if the taxable sales shall
be under one thousand dollars, the tax shall be thirty dollars; if one
thousand and under fifteen hundred dollars, thirty-six dollars; if fif¬
teen hundred dollars and under twenty-five hundred dollars, forty-
eight dollars; if twenty-five hundred dollars and under five thousand
dollars, seventy-two dollars; if five thousand dollars and under ten
thousand dollars, one hundred and fourteen dollars; if ten thousand
and under fifteen thousand dollars, one hundred and forty-four dol¬
lars ; if fifteen thousand dollars and under twenty thousand dollars,
one hundred and sixty-eight dollars ; if twenty thousand dollars and
under thirty thousand dollars, two hundred and ten dollars; if thirty
thousand dollars and under fifty thousand dollars, three hundred and
twelve dollars; and if over fifty thousand dollars, fifteen dollars for
every ten thousand dollars excess over the said sum of fifty thousand
dollars. If any merchant is about to close out and discontinue his
business, he may sell the same by auction, but under no other cir¬
cumstances shall he sell by auction unless he obtain a license as
auctioneer.
Merchant's permission to sell ardent spirits.
Liquor license 36. In every case in wThich the license to a merchant or mercan-
on begroners includes permission to sell wine, ardent spirits or a mixture
thereof, porter, ale or beer, by wholesale and retail, or by retail only,
if such merchant or firm (commencing business for the first time)
sell by wholesale and retail, or by wholesale only, an additional tax of
To continue bu- one hundred and fifty dollars, and if by retail only, sixty dollars; and
sinesti
if such license be to a merchant or mercantile firm, to continue the
privilege of selling wine, ardent spirits, or a mixture thereof, porter,
ale or beer, if by wholesale, or by wholesale and retail, or by retail
only, the tax shall be one and one-half of one per centum on the
amount of such sales for the year next preceding the time of obtain¬
ing said license, in addition to the specific tax imposed on beginners;
but said sales shall not be estimated in ascertaining the amount of a
merchant's license.
Merchant tailors and others.
other trades and 37. Merchant tailors, lumber merchants, dealers iu coal or wood,
TOerchlntsXed aS shall obtain licenses as merchants and'be assessed and taxed thereon
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 person having
the command or control of any vessel, shall not be required to take
out a license to sell wood by retail from such vessel.
FINANCIAL.—TAXES.
13
Commission merchants.
38. The tax on every license to a commission merchant, forward- Commission
ing merchant, tobacco auctioneer or ship broker, shall be sixty dol- baeco auci'ion-
lars each, for commencing business; and if to continue such business broker^8h p
after the same has been carried on for one year, the tax on such
license shall be three per centum on the amount of commissions re¬
ceived ; and this tax shall be in addition to such tax as may be im¬
posed on a license to such merchant or firm, to sell goods, wares or
merchandise. All goods consigned to any such commission mer¬
chant, forwarding merchant or tobacco auctioneer, 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 under the provisions of this section.
Auctioneers.
39. On every license to an auctioneer or vendue master commenc- Auctioneers'
ing business, thirty-eight dollars and if the place of business be in in towns
a town containing a population of three thousand inhabitants, forty-
eight dollars; if the population exceed three thousand, an additional
tax of twenty-three dollars for every thousand persons above that
number, and at that rate for any fractional excess less than one thou¬
sand ; but said specific tax shall in no case exceed five hundred dol¬
lars. On every license to an auctioneer who deals exclusively in real Real estate auc-
estate, five hundred dollars, and he shall have the right to sell realtl0neers
estate at auction or otherwise. On every license to an auctioneer or When charged a
vendue master, in this section mentioned, to continue the business saiesentage °a
after the same has been carried on for a year, three-eighths of one
per centum on the amount of taxable sales of such auctioneer or ven¬
due master. But no sale shall be made at any place other than the Where sale to be
house named in the license as the place of business, or at such 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 pro- Exceptions
perty of persons closing out business for which they have a license;
and no goods shall be consigned to such auctioneer for sale, unless When goods)
the owner thereof has obtained a merchant's license for a period as Td'to auctioneer
long as one whole year. "Taxable sales" in this section shall be Taxable sales
construed to embrace sales made by such auctioneer or vendue mas¬
ter, whether such sales be public or private: provided, that such tax
on private sales shall not apply to cases where the merchant's tax is
payable on said sales.
Common crier.
40. On every license to a common crier, if in a town of more Common crier
than one thousand inhabitants, fifteen dollars; but he shall not be
authorized to act in the sale of any property belonging to any person,
unless such owner is authorized to sell such property without a
license, or has obtained license to do so.
14
FINANCIAL. TAXES.
Sample merchants.
Selling goods by 41. On every license to sell goods by sample, card or other repre-
»ample sentation, three hundred dollars.
Express and telegraph companies.
Tax on express 42. On every license permitting an express company to operate
companSjaph within the state, two hundred and fifty dollars; and on every tele¬
graph company to operate within the state, one hundred dollars-.
Patent rights.
Patent rights 43. On every license to sell or barter the right to manufacture or
Confederate0^ use any machinery or other thing patented to any person or company,
States under the laws of the Confederate States, fifteen dollars in each
county; and no merchant shall sell the same without an additional
Citizens of Vir- license and the payment of the tax prescribed by this section. But
ginia exempted pa£en{-eeg wjjo are citizens of Virginia shall not be subject to the tax
imposed by this section.
Quack medicines.
Quack medicines 44. On every license to sell patent, specific or quack medicines,
if by retail, thirty-eight dollars, and if by wholesale, seventy-five
dollars. A person having a merchant's license may sell such medi¬
cines without any additional license, unless the same be sold on
commission; in which case the additional license and tax shall be
imposed.
Book agents.
Book agents and 45. On every license to a person obtaining subscriptions to books,
pnnt seiieis mapgj prints, pamphlets, or periodicals, thirty-eight dollars for each
county, city or town. On every license to sell, or in any manner
if non-residents furnish the same, thirty-eight dollars; if the person obtaining such
license has not been a resident of the Confederate States two years,
ReBidentB Belling the tax shall be in each case three hundred dollars. But any person
religious books, keen a resi(lent 0f the Confederate States for two years, de¬
siring to distribute or sell any religious books, newspapers or pam¬
phlets, 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 per¬
son for such duty, may grant him a license without tbe imposition of
any tax for the privilege; but this section shall not apply to books,
newspapers or pamphlets written by citizens of, and published in, the
Confederate States.
Agents for renting houses.
Renting houses 46. On every license to a person engaged as agent for the renting
of houses, thirty-eight dollars.
FINANCIAL.—TAXES.
Agents for hiring negroes.
47. On every license to a person engaged as agent for the hiring Hiring negroes
of negroes, seventy-five dollars.
Stallions.
48. On every license to the owner of a jackass or stallion, for Jackasses and
services of which compensation is received, three times the amount
of such compensation, when the charge is for such service by the
season; and when such services are for less than a season, then
three times what a commissioner may judge to be a reasonable
charge therefor. The tax, however, in no case to be less than fifteen
dollars. Such license shall authorize the performance of such ser¬
vice in any part of the commonwealth.
Theatrical performances.
49. On every license permitting the proprietor or occupier of a Theatres
public theatre, or rooms fitted for public exhibitions, to use the same
for a year, thirty dollars, if such room be in a town or city of more
than five thousand inhabitants arid less than ten thousand inhabi¬
tants, and "ninety dollars in all other towns; and on every license Tax for twenty-
permitting theatrical performances therein, in such towns for twenty-
four hours, ten dollars; but a license may be granted permitting when license
theatrical performances for the term of three months; in which monthsf°r three
event the tax shall be one hundred and twenty dollars during said
last mentioned time; but if such house be in a city or town contain¬
ing less than twenty thousand inhabitants, the license may be granted
for a week, and the tax thereon shall be ten dollars per week.
Nothing herein shall be construed to exempt the land and house so
used, from taxation as other real estate.
Refreshments in theatres.
50. On every license permitting the sale of refreshments in a Refreshments in
theatre during such performances, fifty dollars for each place of sale,theatreB
and no abatement shall be made, if the privilege be exercised for a
period less than one year. But such license shall not include the
privilege of selling wine, ardent spirits, or a mixture thereof.
Sales of ardent spirits in a theatre.
51. On every license permitting the sale of wine, ardent spirits, or Sale of ardent
a mixture thereof, porter, ale or beer at a theatre, to be drank at the tre"*taxthereon
place where sold, one hundred and fifty dollars for each place of sale;
and no abatement shall be made, if the privilege be exercised for a
period of less than one year.
Public shows, circuses or menageries.
52. On every license permitting any public show, exhibition or Show«
performance, other than the drama, whether in a licensed house or
FINANCIAL. TAXES.
not, if in a corporate town, or within five miles thereof, for each time
of performance, fifteen dollars; if elsewhere, eight dollars; and for
every exhibition of a circus, if within a corporate town, or within
five miles thereof, sixty dollars ; if elsewhere, thirty dollars ; and for
every exhibition of a menagerie, if within a corporate town, or within
five miles thereof, sixty dollars; if elsewhere, thirty dollars. All
such shows, exhibitions and performances, whether under the same
canvas or not, shall be construed to require separate licenses there¬
for, whether exhibited for compensation or not; and upon any such
shows, exhibitions and performances being concluded, so that an ad¬
ditional fee for admission be charged, in lieu of a return check autho¬
rizing the holder to re-enter without charge, shall be construed to re¬
quire an additional license therefor.
Manufacturers of porter, ale and beer.
Manufacture of 53. On every license to manufacture porter, ale and beer, or
malt liquors n ,,
either, seventy-five dollars.
Sale of porter, ale and beer.
54. On every license to sell porter, ale or beer, by wholesale or re¬
tail, thirty dollars; and if the business be continued for more than
one year, an additional tax of one and one-half per centum on the
amount of sales of the previous year. But if the license be to retail,
to be drank where sold, it shall be granted upon the certificate of
the county or corporation court, in every respect as certificates are
granted to ordinary keepers and merchants to retail ardent spirits.
BroJcers.
Brokers; tax 55. On every license to a broker, one thousand dollars, unless he
thereon deals exclusively in stocks; then the tax shall be three hundred and
seventy-five dollars. A broker shall have the right to sell stocks at
auction or otherwise; and any person who may sell stocks on com¬
mission, shall be regarded as a stock broker.
Insurance companies.
insurance com- 56. On every license to an agent or sub-agejit of any insurance
thereon taX company not chartered by this state, thirty-eight dollars; and in ad¬
dition thereto, a tax of one and one-half per cent, on the whole
amount of premiums received and assessments collected by such
agent or sub-agent or company, within the state, as prescribed by
law.
Physicians and others.
physicians, den- 57. On every license to a physician, surgeon or dentist, eight dol-
twtsandiawyers each. ail(j on eVery license to an attorney at law, eight dollars.
If the yearly income derived from the practice of any such callings
or professions during the year next preceding the time of obtaining
such license shall exceed five hundred dollars, there shall be an ad-
U
Circuses
Menageries
Sale of malt
liquors, how
licensed
FINANCIAL.—TAXES.
17
■. ditional taxonthe excess, of one and one-half per ■centum; and this
income shall he 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.
Daguerreian ar/ists.
58. On every license to exercise the daguerreian art, or such like Daguerreian
profession or performance, by whatsoever name it may be known'or art,sts
. called, if in -a city or incorporated town of less than five thousand
inhabitants, thirty dollars; if more than five thousand inhabitants,
sixty dollars.; if elsewhere, fifteen dollars.. And if the yearly income
derived from the practice of said art exceed five hundred dollars in
any county, cit/or town, an additional tax of one and one-half per
centum on such excess for the year next preceding the time.of ob¬
taining such license; and such tax shall be imposed, whether aft ar¬
tist perform in a gallery or not. If more than one be engaged in the
joint exercise of such prof-ssion or performance in the same gallery,
. the tax shall not be imposed upon each artist, but upon the gallery.
Morses brought into the state.
59. On every license to sell horses, mules, asses and jennets which Horses, mules,
are brought into this state..for sale, fifteen dollars in each county; ^e state64^1"''
and the act. making general regulations concerning licenses, shall be
so far modified that the certificate for obtaining such licenses may
designate the county or corporation as the place of sale; and horses
so brought into tire state, as often as they are sold, and the principal
object of the sale is for profit, although previously sold in this state,
shall subject the person so selling to the tax hereby imposed.
Horses, mules, fyc. sold for profit.
60. On every license to sell for others, on commission or for profit, gelling on com-
horses, «nules, asses, jennets, cattle, sheep and hogs, or either of mules, &c
them," thirty dollar's; and the sale may be made under such license
in any county or corporation.-
Carriages, buggies and other -vehicles.
61. On every license to sell carriages, buggies, barouches, gigs, carriages and'
wagons, and such like vehicles, .manufactured out of this state, manufacture!
seventy-five dollars'in each county or corporation. If the ■ business "°tttofthestat8
be continued after the same has been, carried on for a year, the tax
^hall be on the amount of sales, in addition to the specific tax, as on
merchants' licenses. Rut this section shall not be so construed as to
exempt persons from. taxation who may put together the principal
parts of such Vehicles as. may be manufactured out of this state.
Slaves bought or sold, for profit.
62". On every license to buy or sell slaves on commission or for Slaves bought
profit, other than at public auction, twenty dollars in each county; on c0mm,881<>,,
2
18
FINANCIAL.—-TAXES.
and on the yearly income of such business iii all the countie's (to be .
.taxed but' once), an. additional tax of one and one-half per centum
on such income. If the sale be made by an auctioneer, no addi¬
tional license frord him shall be required for that purpose.
General Erovisions.
• Tax on corporations.
Certain private 63. No private act of. assembly on which a taxis imposed, shall.
published°unui he published, nor any copy thereof furnished to any person, until.
tax is paid the party asking and requiring the same shall have paid into the
Keeper of rolls treasury of the commonwealth the taxes prescribed by law; and it
acts^whirfi of shall be the duty of the keeper'of the rolls to publish, with the acts
pakihaS Ween asserahly of each session, all acts upon which the tax prescribed-
by.law has been paid into.the treasury since the last publication
thereof.'
When tax tickets to be made out by commissioner.
■ Commissioner 64. After the first day of February and until , the first day of
wiiep any- duty, in each year, and until the delivery of the commissioner's
peeted of "being books to the sheriff or collector of any county, if the same be de-
abont tb leave Mvered after the first day of July, .it shall be lawful and the duty of
county before • J J J
deiiveryotbooks every commissioner of the revenue to make out tickets showing the
amount of taxes which will be chargeable on his books when com¬
pleted, against any person whom her has reasonable ground to suspect
is about to depart from his county before the first day of July or
before the delivery of said books to said sheriff of collector. Upon
the delivery of such tickets, the sheriff or collector, shall be autho¬
rized 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. commis¬
sioner's books.
Penalty for failure to obtain license.
"When unlawful 65. Whenever, a tax is imposed by. law on a license to engage .in
■bjesfwithout"' aity business, calling or profession, it shall be unlawful to engage in
license kusinegs, calling or profession without obtaining a license there¬
for. . Any person who shall in any .manner violate .this section, shall
pay a fine of not less than twenty dollars nor more than one thousand
dollars for each offence.
Limitation of license.
licensed privi- 66. No license shall be construed to grant any privilege beyond
lege restricted county or corporation wherein it is granted, unless it be expressly
authorized.
'FINANCIAL*—TAXES.
19
*
Where ■ licensed privilcgX to he exercised.
"d7. Every license granting authority to sell, unless the license be'Licenses con- ...
'specially' authorized by law for a county or corporation, shall be at orcorporatioif
some specified house or place withii^'such county or corporation. f^ecifiea howf1
When forms for tax-payers to he furnished'.
68. Commissioners of the revenue shall furnish Or cause to be fur- Forms to be fnr-
nished, to every tax-payer to be found within his district, the forms mshed tax
prescribed by the sixty-fifth section of chapter thirty-five of the Code.
. 'He shall require answers according to said section, and with his boohs,
shall transmit said forms to the auditor of public accounts, if reqtpred
by him.
Market-value of stocks to he taxed.
■ 69." In all cases where this act imposes A tax on any. public bond, Public bonds
•or on any stock, in lieu of a tax on.the interest or profits thereof, the andstocks'
-•commissioner shall assess the cash market value of such bond or stock*
When double tax to he ■ imposed.
70.' Any person continuing business, after apy-license obtained by Penalty when
him shall have expired, without obtaining on or before the day his renewed n°4
former license so expired, a license* for the succeeding term, shall be
assessed with twice the amount' of tax-otherwise imposed On such
license.
Deductions from commissioner's compensation.
71. . If a commissioner shall, "in his list.of licenses to be furnished Amount tmder-
to the auditor of public accounts, charge or extend in any case a tax Som-toTr
.'less than the law requires, the auditor of public accounts shall .de- h^cumpensa"1
. duct the amount omitted to be charged or extended, from the com-tlon
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 interrogatories 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.
•72. -The number of slaves and the value thereof shall be lis ted-by Slaves and other
the commissioners, and taxed according,to their value, to the hirer or taxe^T'7' h°W
. person in possession thereof on the. first day of February; and all Subjects not spe-
, subjects of taxation required to be listed under the provisions of the tobe taxed °W
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..
FINANCIAL.—TAXES.
' Value of lands cchd lots not to be changed.
value of ian4s 73. The value of lands and lots as ascertained by the assessment
certatua"sesa^ made under the tenth chapter of the acts of eighteen hundred and
Sa"ged0tt0b8 fifty-five and eighteen hundred and fifty-six, passed March tenth.
eighteen hundred and fifty-six, under subsequent 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 the provisions
of the said thirty-fifth chapter in case of a partition or conveyance;
when auditor and the auditor of public accounts may so far change the form of
land bookge the commissioner's land book as to show in one column the value of
lands and lots, exclusive of buildings.
When agricultural productions are to be taxed.
When ftgricui- 74. Agricultural productions of this state in the hands of the pro-
flons, g'oodsj0and ducer, including pork and baeon, and in the hands of those who have
CTPpTfronTuixa. purchased the same for the use of their own household, and not for
sobject toTicenhe sa*e> an<l g°°ds and materials manufactured in this state, except ar-
Sax 1 dent spirits," porter, ale and beer, shall be exempt from taxation as
property, while remaining in the bands of the producer or manufac¬
turer, and while such agricultural productions are held as aforesaid.
Such productions and manufactured articles may also be sold by the
producer or manufacturer without a license tax; but when once sold
(with the exception named in this section), they shall be subject to a
tax as other property, and to a license tax when sold. To give effect
to this section, chapter first, entitled an act for the assessment of
taxes on. persons and property, passed March thirtieth, eighteen
hundred "and sixty, and chapter second, entitled an act making
general regulations concerning licenses, passed March thirtieth,
eighteen hundred and sixty, in cases where said chapters might bo
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 bis neighbor's
produce to take out-of the county in his own vessel or other convey¬
ance to market, or for selling the same.
Domestic manufactures, how taxed.
Hotv tax on sales 75. Merchant tailors and all other persons manufacturing any
lorran^otKers1^'.production or material, except ardent spirits,.porter, ale and beer, the
e» be ascertained gaie 0p ^vhidj material would be prohibited without a license, shall
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.
° «
How license to 76. A license to manufacture porter, ale and beer, or either of
fttwufactureand ^gm, may be granted by the commissioner of the revenue, as ins
FINANCIAL.—TAXES. gl
other cases, without any previous certificate or order of the court ;,gen maHiiqucve
but a license to- self the same, or any of them, and the privilege of8ranted
selling ardent spirits, shall only he .granted, upon the certificate, of
the county or corporation court that the person to be licensed is sober
and of good character.
Effect of the change of the name of a firm.
77. No ehange in the name of any firm of merchants, commission what not to v,
'merchants, sample merchants, merchant tailors, auctioneers, or any commencing9
other persons who are taxed upon the amount of business or sales ofbusmegs
the preceding year, nor the taking into the firm of a new partner,
nor the withdrawal of. one or more of the firm, shall be considered-
as commencing,- so as to allow, on that account, the payment only
of the specific tax imposed by law for the privilege granted; but if
«,ny 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.
78. A copy of every list of insolvents, whether of persons, per- insolvents; how
sonal property, licenses or militia fines, whether allowed by any court lection™
or board, or by the auditor of public accounts, under ordinance num¬
ber seventy-two of the -convention, entitled an ordinance for the
relief of sheriffs of certain counties, passed. June twenty-eighth,"
eighteen hundred and sixty-one,-shall, in his discretion, as soon as
practicable, be placed by tlie auditor of public accounts iri the hands
of any sheriff, collector or constable of any county or corporation for
collection. Such sheriff, collector or constable shall receive and re¬
ceipt for the same, and shall make return of delinquents thereon
■ within one year from their receipt', in the same manner and under
the same regulations as are prescribed for the return*of other delin¬
quent taxes. The amount appearing due after such return of delin-What commisT
. ,, ci - • i i sion allowed for
quents, and the allowance s such commission as-may have been pre- collection
scribed by tlie governor, shall be paid into the treasury within one
year from the time such copy of such delinquents may .have been re¬
ceived by such sheriff or other officer.' When such copies are re¬
ceived by such officer, he shall .have the same powers of distress and
ether remedies for the collection of the amount appearing due there¬
by; as are allowed to sllbriffs for the collection of taxes. Any officer Penalty onoffi-
failirig of refusing to receive and execute a proper receipt for any eeiveandrecei^
such copy of delinquents, shall forfeit not less than one" hundred nor
more than five hundred dollars.-
.'License to sutlers or other persons to sell goods, Sfc., within or near
tq a military encampment.
79. No license shall be granted to a sutler or other person to sell License to eat- .
goods, wares and merchandise or other thing within or near toalers
22
FXXAXCIA L. TAXES".
military post or encampment, unless the person desiring- such Iicense-
shall produce to the court or to the commissioner of the revenue, as-
may be required bylaw, a certificate of the commander of such post
or encampment, appro-ring 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 he, subject to. all.the penalties and lia¬
bilities imposed upon merchants and other persons selling without a
license.
License to & merchant who is a beginner*
when license t6 80. A license to a* merchant who is' a beginner, shall specify the
Se^eghmels!10 value of goods to be sold by such merchant, and when goods to the
value specified have been sold, the license thereafter shall be deemed
to be void, and if such merchant fail to apply to a commissioner of
• the revenue for anew assessment-and new license, arid continue in
business after bis license is deemed to be void as aforesaid, he shah
forfeit to the commonwealth, for the benefit of the general treasury,
not les.s than one hundred nor more than two thousand dollars.
Commissions ai- 81. The commissions and other compensation to commissioners of
ing and°com:ct.S the revenue for the assessments to be made in pursuance of this act,
sag revenue and the commissions to be allowed to sheriffs and collectors for the
collection of taxes so assessed, shall not exceed in the aggregate the
amount that would have accrued to them if the assessments had been,
made under the act entitled an act imposing taxes for the support of
government, passed April third, eighteen hundred and sixty-one, at
the rates therein prescribed.
- Repeating' clause*
Repealing clause" ?2. That chapter one,, entitled an act imposing taxes for the sup¬
port of government, passed April third, eighteen hundred and sixty-
one, be and .the same is hereby repealed, so far as the same is not
herein before re-enacted.
Commencement 83. This act shall be in force from its passage.
CflAP. %—An ACT amending and re-enacting the 30th chapter of the Code,
in relation to Taxes on Dividends, certain Estates of Decedents, Process
in-Suits, .Official Seals, Deed's, Wills, Administrations, and Foreign In¬
surance Companies.
Passed March 31, 18th;.
Be it enacted by the general assembly, that the thirty-ninth
chapter of the Code of Virginia shall be amended and re-enacted so
as to read as follows :
Banks to declare 1. Every bank of circulation incorporated by this state shall, in
dividends june and December of each year, by resolution, either declare a
FINANCIAL.—TAXES.
dividend of profits arising out of the operations of 'said bank for the When and for
six months ending on the first day of . June and December, Or-deter- what Penod
mine their inability to do so; and if a dividend.he declared, the said
barik shall cause a tax to be retained from the dividend on which it
is payable.
2. Immediately after the said dividend is declared, the cashier of Cashier to report
said bank shall certify on oath to the auditor of public'accounts the ditor.
amount of such dividend, and the amount of tax payable on account ddciaredf report*
thereof, or the inability of the bank to declare a dividend. If be™.^^^ner
fail to do- so, he shall pay a fine of not less than one hundred nor PeDalty forfaip
r J ■ ure to report
more than one thousand dollars.
3. The said hank •shall, immediately after such dividend, is de- Dividends and
I, , -i. ^ i -i -i , !• • i '• tax to be paid
elated, pay the state's dividend and the amount oi tax into the trea- into the treasury
sury. If any bank, fail' to do so, it. shall'be .liable not only for the
amount of said dividend and tax, but also for ten per centum damages-
thereon, to be recovered by action or motion..
On certain estates of decedents.
4. Where any estate within this commonwealth of any decedent Tax on collateral
shall pass, under his will or the laws regulating descents and distri- inh<?rit,ances
butions,'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, the estate so passing,
if of greater value than two humtlred and fifty dollars, shall be subject
to .a tax of a jcertairi per centum.
5. Whenever such estate shall be paid or delivered, it shall be the Duty of commis-
duty of the commissioner to assess all such estates, not only with the tax61. ° assesB
. annual tax prescribed by law, but a specific tax of two per centum, Rate of'tax
as a condition upon which the estate so. devised or descending may
pass.
6. The annual tax shall be placed in the body of the land or pro- Where annual
perty book, as the' case may be, and shall be charged to the estate oftax t0 be Placed
the decedent.. '
. 7. The specific tax shall be so charged, but entered at the back of Specific tax to
the land or property book, as the. estate imay indicate. • commissioner's
• •• • . • book .
. 8. After the tax has been so assessed, it shall he the dutyof the sheriff to collect
sheriff or collector to collect and pay .the same into the treasury as and pay tax
other assessed taxes; and he shall have the same powers of distress
and the right to return the same delinquent for the non-payment of.
the tax, as he possesses in other cases-: and it shallbe the dutyof the
personal representative of such decedent to pay the whole of such
tax, except on omitted taxes heretofore paid over on, real estate, to Exception
sell which, or to receive the rents and profits of . which, he is not
authorized by the will: and the sureties of his official bond shall be-
bound for the payment thereof.
24
FINANCIAL.—-TAXES.
When estate '9. Such estate shall be deemed paid or delivered, and subject to
«eU™eredaid °r the assessment hereby authorized, at the end of a. year from the de¬
cedent's death, unless and except so far as it may appear that the
legatee or distributee has neither received such estate, nor is entitled'
Personal repre- then to demand it. Any-personal representative failing to pay such
to damages tax before the estate on which it is chargeable is paid or delivered
over (whether he be applied to for the tax or not), and the same bo
returned delinquent by the sheriff, shall be liable to damages thereon,
at the rate of ten per centum from the time such estate is delivered
ovef until t^je tax is paid, and shall forfeit one hundred dollars;-
'which tax and damages, in such case, and forfeiture, may be re¬
covered by the auditor of public accounts, in the same court, and in
the same manner as if it were a debt due from an officer collecting
the taxes.
Sheriff to collect 10. The taxes shall be collected by, and such payment shall bo
made to the sheriff or other collector of the taxes assessed in the
county or corporation in which certificate was granted such personal
representative for obtaining probate of the will or letters of adminis¬
tration.
The per ceattim 11. The per centum shall be on every hundred dollars in value of
#f tax the estate subject,to such tax, which the personal representative may
have to pay or deliver, and in proportion for a smaller sum. Where-
he has personal property to deliver in kind, and the- same has been
appraised, the value shall be. ascertained from such- appraisement.
Personal, repre- % 12. Such personal representative may, if necessary, sell so much
property to pay °f the property, subject to 'such tax, as will enable him to pay the
*** same.
On process, seals, deeds and administrations.
Writ tax. Tax 13. There shall be a tax paid when an original suit, attachment
enseals, deeds, (excep(; attachments in the nature of suggestions) or other action is
commenced. If the suit or action be commenced by attachment
sued out by a justice, returnable to court, the tax shall be paid at or
before the time the cause is docketed in court or at rules. A tax
shall also he paid when an appeal, writ of error or supersedeas is
commenced in a circujt court, and also when an appeal, writ of error
or supersedeas is commenced in a district court or the court of ap¬
peals. A tax shall also be paid when the seal of a court, or of a
notary public, or the seal of the state is annexed to any paper.
Tax on process 14. The said taxes on process and seals of courts shall he paid to
«ierksPofdcourthse the clerks of the courts respectively from which said process is
issued, or the notice or attachment is returnable, or whose seal is
used.. The tax on the seal of a notary fehall be paid to said notary,,
and that on the seal of the state, to the secretary of the common¬
wealth.
When tax on 15. No tax shall be charged when a seal is annexed to any paper
FINANCIAL. TAXES.
25
©r'document to be used in obtaining the benefit of a pension, revolu- seals not to be ■
tionary claim, money due on account of military services or land charged
bounty, under any act of congress, or under a. law of this or any other
state, or when a seal is annexed by a notary public to an affidavit or
deposition relating to a pension or revolutionary claim.
16. No deed shall be admitted to record, whether before recorded Deeds not to be •
, . . . i , , it admitted to re-
or not, until the tax thereon is paid to the clerk, except a deed con- cord until taxig
veying land as a site for a school-house or church. paid
17. No will shall be admitted to probate until the tax on such Will not to be ad-
, , . . , ,, ' , , mitted to probat
probate js paid to the clerk. . unm tax is paid
*18. There shallbe no grant of administration or administration Noadmin is tra¬
de bonis non on the estate of any decedent, until the tax on such eduntutaxiT*"
grant is paid to the clerk, except where an estate is committed to'apaid
sheriff or other officer..
How collecting officers account and fay.
19. The clerk of each court, every-notary public and the secretary How clerks and
of the commonwealth shall make out an account of all taxes received counTamipay
by him on or after the fir.st day of September in one year and before when
■ the first day of September in the-next year. . 1 . .
29. Each of the said officers shall swear to the correctness of the Correctness of
account; which shall be rendered to the auditor of public accounts, sw'orrTtot0 0
• and the amount appearing due thereby paid into the treasury on or
before the fifteenth day of December following, deducting thereout Commissions for
a commission of 'five per centum for receiving and paying out the oollectins
same.
21. If any of- the said officers fail to render such account on or. penalty"for fail-
before the first day of October, there shall be a forfeiture therefor, accounts'11101
■ as .Follows : A.clerk so failing, shall forfeit six hundred dollars; a
notary public, three hundred dollars; and the secretary of the com¬
monwealth, one hundred and fifty dollars; and for every month that p0r continued
such failure may continue after the said first day of October, there shall fa-lure
be an addition to such forfeiture, of one-twelfth of the amount
thereof. For any such failure, motions may be repeated from time
to time so long as it continues.
22. None of the Said officers shall receive any money from the No money to be
treasury until'-he shall have pondered Such account, and made such. cferk^&Z until
payment as is above required. * ■ In^moLTpaid
• 23. All sums received by any sheriff or collector under this chap- where moneys
ter, after deducting a commission of five per centum thereon, shallt0 be paid
be paid into the treasury on or before the fifteenth day of December When
next-after the receipt thereof. In case of failure so to' pay, proceed¬
ings may be had according to the forty-second chapter.
24. If the taxes required to be paid under the provisions of this judgment in
chapter be not paid at the time required, the auditor of public ac-cahe °f default
26
FINANCIAL.—TAXES.—APPROPRIATIONS.
How and where counts shall, within three months after such failure, file in the clerk's
office of the- circuit court of the city of Richmond, with the clerk
thereof, an accurate account ef the amount with which any such she-
judgment to be riff or collector* may be chargeable on account of such taxes; and
wi ou nonce hereupon such clerk shall enter up a judgment against such officer
and his securities for the amount wherewith he is so chargeable, with
lawful interest thereon from the time of such failure until payment
thereof, and fifteen per centum damages in addition thereto; which
judgment shall have the same validity find be subject in all respects
to the like proceedings thereupon as if it had been rendered by the
courts
Commencement ■ 25. This act shall be in force from its passage.
Chap. 3.—An ACT defining the Persons who may obtain a License.
Passed March 31,1862.
Who may obtain 1. Be it enacted by the general assembly, that no license .shall be.
granted to any person except a citizen of the Confederate States,
and except to such person as shall hare declared on oath that it is
bona fide .his intention to become a citizen of the Confederate States,
. and that lie shall have renounced forever all allegiance and fidelity
to any foreign prince,, potentate, state or sovereignty whatsoever
nor shall a license be granted to such person not a citizen, if such"
declaration shall have been made five years preceding the time of
making application for such license, in any court of the United States
or of the Confederate States, and such person shall have Failed to
beOOme a citizen according to law. Any license or certificate, for
obtaining a license granted to any one not authorized to obtain the
same, shall be absolutely void.
Commencement 2. This act shall be in force from its passage:
Chap. 4.—An ACT appropriating the Public Revenue for the fiscal year
1861-02.
Passed March 26, 1862.
What appro- . 1. Beit enacted by the general assembly, that the public taxes
pnated. and arrears of taxes due prior".to the first day of October eighteen
hundred and sixty-two, and not otherwise appropriated, and all other
branches of revenue, ancl all public moneys'not otherwise appro¬
priated by law, which shall come into the treasury prior to the first
day of October eighteen hundred and sixty-two, shall constitute a
general fund, and be appropriated for the fiscal year to close on the
FIN AX CIA L.—APPll OPRIATIONS.
27
thirtieth day of September eighteen hundred and sixty-two, as fol¬
lows, videlicet:
For expenses of the general assembly for the session commencing Generalassem-
on the second day of December eighteen hundred and'sixty-one," one
hundred and fifteen thousand dollars. '
To expenses of representation, five thousand dollars. Representation
To pay'expenses of the state convention for the adjourned session state convert- •'
in November eighteen hundred and sixty one, forty-five thousand "tl0n
"dollars.
For pay and mileage of electors of president and vice-president of Electors
the Confederate States, and their secretary, twelve hundred dollars.
To the salaries and allowances of the officers of civil government, officers govern-
one hundred and eleven thousand dollars. ment
To defray criminal charges, including expenses of jurors, wit-Criminal charge's
nesses,'and guarding jails, ninety-eight thousand dollars. ■ ' •
To pay for slaves condemned, and who are executed, transported Slave convicts
or'commuted, thirty-five thousand dollars. ' . '
For bringing condemned slaves from the counties where'sentenced,
to the penitentiary until sold or commuted, eight hundred dollars.
For support of convicts, fifteen thousand dollars; .Support con-- '
For transporting convicts to the penitentiary, ten thousand dollars. vuHs-
•For salaries to superintendent, assistant keepers, and so forth, at'Penitentiary
penitentiary, eight thousand one hundred .dollars,.
For contingent expenses of. courts, thirty-five thousand dollars.' Courts
To pay for printing records of the court of appeals and district Printing records*
courts, five thousand dollars.. - .
For pay of adjutant general, two thousand dollars. Adjutant general
For the military contingent, fund, including the amount appro- Military eontin-
priated by special aet, one hundred thousand dollars. ' gent.f"pd
To the military school at Lexington, for support, independent, of Military insti-
. any appropriation made at the present session of" the general'assem- "•
bly, thirteen thousand five hundred dollars. .
To the public guard at Kichmond, including the interior guard of Public guard
the penitentiary, forty thousand eight hundred dollars.
For temporary quarters for the public guard, two thousand dollars.
Dor water rent for six and a half months to the fifteenth of July Water rent
eighteen hundred and sixty-one, six hundred and ninety-three dollars
and thirty-three cents.
To the armory, for repairs, eight hundred dollars. Armory
For repairs of arms, pay of artificers, and of their superintendence E op air of arms-
and tools, five'thousand dollars. .
For collection and transportation of arms, thirteen hundred and
fifty dollars.
To commissioners of the revenue and clerks for examining com- Commissioners
missioners''books, seventy-seven thousand dollars. • ; *e-»e ,
• To the lunatic asylum at Staunton, for' support, in addition to the Lunatic asylum
pay patient fund, forty-five thousand dollars, and for transportingat Stauntoa'
patients, three thousand dollars.
28
FINANCIAL.—APPROPRIATIONS.
tLunatie asyinm To the lunatic asylum at Williamsburg, for support, in addition to
at Wiihapasborg j.jie pay patient fund, forty-five thousand dollars. For transporting
-patients,'three thousand dollars; and for unexpended balance of
twenty thousand dollars, appropriated by act of the twenty-fourth
March eighteen hundred and sixty, for laundry, and so forth, ten
thousand one hundred and eighty-seven dollars and fifty-four cents.
Lunatics For maintenance of lunatics in jails, and so forth, nine thousand
dollars.
institution of. For the institution of the deaf and dumb an,d the blind at Staun-
bieinidUinb and ton, for annuity, twenty-five thousand dollars.
Pensioners To pensioners, two hundred and eighty-eight dollars.
Civil contingent. To the civil contingent fund, including the special appropriation
fund made thereto at this session, one hundred thousand dollars.
Civil proeecu- To civil prosecutions, ten thousand dollars. *
Governor's For repairs and furniture for governor's house, five hundred
**** dollars.
Capitol For repairs and fixtures for capitol, five thousand dollars.
Messenger For salary of messenger in the office of the auditor of public ac¬
counts., eight hundred dollars,
drat tan's Ee- For Grattan's Reports, one thousand copies of the sixteenth vol-
ports ume, fifteen hundred and fifty dollars, and five hundred copies of re¬
print of second, third and fourth volumes, twenty-five hundred
dollars.
Leigh'^ Reports For Leigh's Reports, five hundred copies of reprint of fifth volume,
twelve hundred and fifty dollars.
Gnaranteed For interest on bonds of the James river and Kanawha company
river^nd'K^8 guaranteed by the commonwealth, two thousand three hundred and
j.wdSp„,»Wl,J.oned,4M.
■Registration For registration of births, deaths and marriages, three thousand
dollars. •
Commissions For. commissions to sheriffs and collectors of taxes, fiv'e thousand
dollars.
Temporary For redemption and interest on temporary loans, seventy thousand
la?ms one hundred and fifty-five dollars and fifteen cents.
Chesapeake and To pay interest on the bonds of the Chesapeake and Ohio canal
Ohio canal company guaranteed by the state, and to be paid over to the second
' auditor by the auditor of public accounts for that purpose, pursuant'
to law, thirty thousand dollars.
Temporary To pay for services of temporary clerks employed by the auditor
Editor's office of public accounts to copy and record lists of delinquent lands and
property, and for other services to be performed in said offiee, four
thousand two hundred and fifty dollars.
.Pages To each of the pages of the senate and house of delegates, the
sum of two dollars per day for each day of service as such; to be
paid upon the certificate of the clerk of the senate and of the clerk
of the house of delegates respectively..
Porter to senate To Alfred Thornton, porter to the senate, for his services as such,
and also for his attention to the senate chamber and clerk's office of
FINANCIAL.—APPROPRIATIONS.
the senate, and making fires in the same, two dollars and fifty esnts
per day; to be paid upon the certificate of the cTerk of the senate.
To the further expenses of making fires and superintending fur-Services in
naces in the capitQl, the. customary allowances, to the several persons capito1
entitled to the same ; to be paid upon the certificate of the.superin¬
tendent of public buildings.
For the payment of interest on so much of the public-debt as is Pubiic-debt
not suspended, two million dollars.
To the secretary of the commissioners of the sinking fund, for his Secretary com-
Balary, three hundred dollars, and for expenses of advertising re- sink^ngft^nd •
demption of state debt, three hundred and seventy-five dollars. Advertising
For public printing, including printing for the general assembly, Public printing-
and for paper and books for public offices, forty-five thousand dollars.
2. Be it further enacted, that so much of the public revenue as General fundt
may he received into the public treasury after the thirtieth day of
September eighteen hundred and sixty-two, and the surplus of all.
other appropriations made prior to that date, unexpended within the
fiscal year ending on the' last day of September eighteen hundred
and sixty-two, and all other moneys not otherwise appropriated by
law, shall constitute'a general fund, to defray such expenses autho¬
rized by law as are not herein particularly provided for, and to defray
the usual allowances to lunatic asylums, and other current expenses
of the commonwealth, in the fiscal year which shall commence on
the first day of October eighteen hundred and sixty-two,, and termi-
. nate on the thirtieth day of September eighteen hundred and sixty-'
three. And the auditor of public accounts is hereby authorized and Disposal of ge-
required to issue his warrants in the same manner as if the same had*16™1 funfi
been specifically mentioned, subject to sueh exceptions, limitations
and conditions as the general assembly have prescribed or may deem
it proper to annex .and prescribe by law : provided,' that nothing in
this act contained shall be so construed as to authorize the auditor of
public accounts to issue his. warrant or Warrants in satisfaction of
any judgment or decree of any court of law or equity against the
commonwealth, for.a sum exceeding three hundred dollars, without
a special appropriation by law.
3. The payments to the military institute, for. support, to the when, payments
lunatic asylums, for support and transportation of patients, and tomade
the institution for the education of the deaf and dumb and the blind,
shall be made, one-fourth in advance, on the first day of October,
one-half on the.first day of January (if the visitors or directors so
require), and the remaining one-fourth on the first day of April.'
4. This act shall be in force from its passage.
Gosameacemsail
30
FINANCIAL.—-TREASURY NOTES.
'Chap. 5.—-An ACT authorizing the issue of Treasury Note's.
. Passed March 31,1862.
authorized 1. Be it enacted by the general assembly, that for the purpose of
raising money to arm and equip the militia of the state, and for all
defensive or offensive operations of the army and navy, growing
out of the existing war, the governor is hereby authorized to direct
the auditor of public accounts to issue treasury notes, to an amount
rat not exceeding in the aggregate one million three hundred thousand
dollars, in' addition to the sums heretofore authorized to be issued
under the several ordinances of the convention heretofore passed, .
authorizing the same. The said notes hereby authorized to be issued .
shall be made payable on demand, to bearer, in sums not less than
five dollars, and shall bear such fate of interest, npt exceeding six
per centum per annum, as may be deemed expedient, or may be
without interest. The said notes shall be receivable in payment of
all taxes and other public dues, and may be reissued until otherwise
provided by law- They may also, when presented at the treasury
in sums of five hundred dollars, or any multiple of one hundred dol¬
lars. above that sum, be converted into registered bonds of the state,
bearing six per centum interest per annum.
Denomination
Receivable
'in payment of
4axes
Ordinances of
■'•convention -
2. All the provisions of the several ordinances of the convention
of Virginia in respect to the issue of treasury notes, shall he held to
apply to the. notes authorized to be issued by this act, except so far
as they may be inconsistent therewith.
Commencement 3. This act shall be in force from its passage-
Chap. 6.—An ACT concerning Treasury Notes.
Passed February 12,1862.
How signed 1. Be it enacted by the general assembly, that any clerk in. the
office of the treasurer, or of the auditor of public accounts, when
designated for that purpose by the said treasurer and auditor respec¬
tively, shall be authorized to sign, for said treasurer and auditor, apy
of the treasury notes now authorized to be issued by authority of 'the
several ordinances of the convention, and also any such notes which,
may be authorized by the general assembly; and the signature of
any suck clerk shall have the same effect, to all intents and purposes,
as if the same had been made by the treasurer or the auditor of
public accounts in person.
©omm-enceiwmt 2. This act shall be in force from its passage..
FINANCIAL.—LOANS.—SINKING -FUND, ' ETC.
31
Chap, 7,-r-An ACT providing fo-r Loans to supply Temporary Deficiencies.; '
in the Treasury. "
Passed March 28,18G2.
.1, Be it enacted by the general. assembly, that the governor be Money, how
authorized- to borrow from time to time, on the credit of the state Ofborrowed
Virginia, such sum of'money as may be neecledfto supply the tempo¬
rary wants of the treasury. The money so borrowed shall be at a.
rate of interest not exceeding six per centum per annum; and cer¬
tificates issued for the money so borrowed shall be signed by the
treasurer, countersigned by the auditor of public accounts, and shall
be made payable to the holder, thereof by the commonwealth at such
day as may be named therein.
2.- That the fourth section of . ah act entitled an act appropriating Act of 1851m.-
the. public revenue, and .for other purposes, passed March seventh, operatlve
eighteen hundred- and fifty-one, so far.as the same is inconsistent
with tliis act, shall, from and after the passage of this act, be held
inoperative and void. '
3. This act shall be in force from its passage. Commencement
Chap. 8.—An ACT concerning- the Sinking Fund.
Passed March 27, 1862. ■
1. Be it enacted by'the general assembly, that until peace be No further in-
declared between tlie Confederate States and the United States, no made
further investments shall be made by the commissioners of the sink¬
ing fund, nor shall any further redemptions of the debt of the state
be ipade by them, except- such certificates of debt as are absolutely,
payable without condition.. The commissioner's1 of the sinking fund
shall semi-annually ascertain the amount of money due for redemp¬
tion and the amount due for investment, and shall enter the said
amounts upon their journal.
-. 2. This act shall be in force, from its passage. . Commencement
.Chap. 9.—An ACT making an appropriation to the Civil Contingent Fund.
Passed February 4, 1862,
1. Be- it enacted by the general assembly) that the sum ot ten Amount appro-
thousand-dollars be and the same is. hereby appropriated as, a civilpmted
•contingent fund, to be expended in the manner prescribed by the
twenty-eighth section, of chapter seventeen of the Code of Virginia.
2. This act shall be in force from its passage.
Commencement
32 FINANCIAL.—-CONTINGENT FUND.—-TREASURY NOTES, ETC.
CHAP..10.— An ACT making an appropriation to the Civil-Contingent Fund,
Passed March 18, 1862.
Amount appro- 1. Be it enacted by the general assembly, that the sum of ten
priated thousand dollars is hereby appropriated to the civil contingent fund.
Commencement. 2. This act shall tie in force from its -passage.
ChaP. 11.—'An ACT authorizing the receipt of Confederate States Treasury
notes in payment of Taxes and other Public Dues.
Passed March 2!?, 1862.
Confederate 1. Be it enacted by the general assembly, that the Confederate
ho^wceivaWe States treasury notes shall hereafter be receivable by sheriffs and
other collecting officers in payment of taxes and other public dues to
the state.
Commencement "2. This act shall be in force from its passage.
Chap. 12.—An ACT to. provide for the assumption iPnd payment of the
Confederate States War Tax.
• Passed February 21,1862.
Treasury notes, .1. Be it enacted by the general assembly, that the auditor of
owissued. pUi)iic accounts be and is hereby authorized to borrow, with the
approbation of the governor of the commonwealth, such amounts of
the treasury notes of the Confederate States as may be necessary to
pay the amount herein after authorized to be paid on account of
taxes assessed against the citizens of this commonwealth, under an
act of congress, approved on the nineteenth day of August eighteen
hundred and sixty-one, entitled an act to authorize the issue of
treasury notes, and to provide a war tax for their redemption ; and
the money so borrowed shall be paid into the treasury in the manner
prescribed by existing laws.
Bunks,autho- 2. .For tlie purpose declared in the foregoing seetion, the several
mtdtoicnd banks jn tJlc commonwealth are hereby authorized to lend to the
. commonwealth tin amount; payable in the treasury notes of the Con¬
federate States, not exceeding twenty-five per centum upon their
respective capitals.
Auditor to issue 3. That the auditor of public accounts, so Boon as the arrange-
s warrant pay mgnts for jjie ioau authorized in the first section are sufficiently
FINANCIAL.—WAR TAX,
33
matured, be and be- is hereby authorized And directed to issue his able to secretary"
warrants upon the treasury, payable in the treasury notes of the °f 1 e treaaury
Confederate States, in favor of the secretary of the treasury of the
Confederate States, for such sum or sums as in the aggregate may
be equal to the amount agreed on by the auditor of public accounts, .
with the approval of the committees of finance of the two houses How approved
of the general assembly and the said secretary of the treasury, as.
sufficient to impose on the said secretary of the treasury the. duty
specified in the twenty-fourth section of the act of the provisional
congress of the Confederate States, entitled an act to authorize the
issue of treasury notes, and to provide- a war tax for their redemp¬
tion : provided, that the amount, of such Warrants shall in no event
exceed the amount of taxes actually assessed by authority of the
government of the Confederate States, against the citizens of this
commonwealth, after deducting ten per centum thereon.
' 4. That the auditor of public accounts be and is hereby autho- Faith of the
, , ,. * • i-' ~i c , • . commonwealth
nzed and directed to execute and-renew, it so agreed, trom tnne to for redemption,
time, an obligation or obligations committing the faith of the com- '
inonwealth to the repayment of the amount of such sum or sums of.
money as may be necessarily borrowed to execute the purposes of •
this act. Such obligations shall be renewable, in whole or in part,
at the pleasure of the authorities of the commonwealth, for a period
not exceeding the period for which the bonds of the state of Vir¬
ginia may, under existing daws, be issued: and the negotiation of
the loan shall in all cases be deemed a consent to the terms herein
prescribed on the part of those lending the money.
■ 5. The interest on such obligations as may be issued under this interest
act shall be paid as provided in the agreement for the loan.
6. During the session of the general assembly the auditor' of D«ring session,
. public accounts, before doing any act herein authorized committing to^omiM
the faith of the commonwealth, shall submit his intended act to the
committees on finance of the two houses of the general assembly,
'and obtain their approval. After the adjournment of the general in recess
assembly, or during a recess, he shall submit to the governor of the
commonwealth, in lieu of the committees on finance, and obtain his
approval.
7. Any obligation for money borrowed under the provisions of Obligations,
this act shall, when' the day of payment arrives and the same is re- when cancelo<$
deemed, be canceled, and preserved by the treasurer in his office.
8. This a,ct shall be in force from its passage. • Commencement-
34
FINANCIAL.—INTEREST.—INDIAN TRUST .FUND.
Chap. 13.—An ACT to provide for the payment of Interest to loyal citizens
on certain Bonds guaranteed by the Commonwealth.
Passed March 13,1862.
interest on gua- 1. Be it enacted by the general assembly, that the interest now
■ ranteed bonds , • , . , ,
due, or which may accrue hereafter, during the present war with the
United States, to any loyal citizen of the Confederate States, or to
any corporation created by the laws of Virginia, on the bonds of the
Chesapeake and Ohio canal company, and of the city of Wheeling,.
.Howpaid heretofore guaranteed by this commonwealth, shall be paid on the
special order of the governor, out of any money in the treasury not
otherwise appropriated, without waiting for formal protest for non¬
payment by said canal company and city, in all cases in which it can
be made, to appear to the governor that such bonds^ on which said
interest is claimed, were bona fide the property of such loyal citizen,
or of some other loyal citizen of the Confederate States, or of such
corporation, on or before the seventeenth .day of April one thousand
eight hundred and sixty-one, and have continued the property of
some loyal citizen since said time, and not transferred by assignment
or delivery since said time^ from any-disloyal citizen ; which special
order shall be made by the governor, on demand of payment of such
interest, to the second auditor, who, on the receipt of the money,
which shall thereupon be transferred to him by the auditor of public
accounts, shall thereupon issue his warrants on the treasury for such
Corporations, interest, payable to- those to whom the same is due : and the second
^aLst°Ceeded auditor and the attorney general shall thereafter proceed against
such company and city, as directed by the provisions of the act-,
passed the tenth day of February, eighteen hundred and sixty, en¬
titled an act to provide for the prompt payment of the interest on
the various bonds guaranteed by the commonwealth.
proviso ' 2. Provided, however, that nothing herein contained shall be con¬
strued as authorizing the governor to pay any interest as herein pro-,
vided, to any corporation created by the laws of Virginia, which is
located in a disloyal portion of the commonwealth, or the executive
officers of which corporation shall be disloyal to Virginia.
Commencement 3. This act shall be in force from its passage.
Chap. 14.—An ACT to authorize the transfer of certain Bonds of the State
held in trust by the Government of the'United States for certain Indian
Tribes, and providing for the payment of Interest thereon.
Passed January 27,1862.
Weamble Whereas it is represented to the general assembly, by the secre¬
tary of the treasury of the Confederate States, that the secretary of
the interior of the Uriited States government holds in trust for the
FINANCIAL.—INDIAN TRUST FONB.
35
VTiioccaw tribe of Indians the sum of four hundred and fifty thousand
dollars of the registered bonds of this state, upon which one year's
interest is now due: and it is further represented, that in the war
now pending between the governments of the United'States, and of.
the Confederate States, the said tribe of Indians have united them¬
selves with the confederate government, and that government having
.assumed the "protectorate of -the several nations and tribes of In¬
dians occupying the territory west of Arkansas, and Missouri, south
of Kansas, north of Texas and east of Texas and New Mexico,"
embracing the country inhabited by the said tribe of Choctaws; and
the said secretary of the treasury having applied to this general
assembly for the payment of the said" interest now due, and to beT
•come due hereafter-: Therefore,
1. Be it enac'ted by the general assembly, that the second auditor Transfer, how
be and he is hereby required to transfer on the books of his' office'mad6
the said sum of four hundred and fifty thousand dollars, standing in.
'-the name of- the secretary of the.interior of the United States, to the
secretary of the treasury, of the Confederate .States, to be held by
said secretary in trust.for said tribe of Choctaw Indians, as provided
by the treaty entered into by the authorities . of said confederate
governmertt and of said tribe of Choctaw Indians; and-thereupon
the certificates of the registered bonds of this commonwealth, held by
the said secretary of "the interior of the United States, shall be
deemed to be canceled and be void, and all payment of any interest
due thereon, <or to' become due hereafter, shall he illegal. And it Certificates, how
shall be the duty -of the said auditor to issue like certificates of theissUed
registered debt of this state for the full amount so held by the said
■secretary of the interior of the United States, to the said secretary
of the treasury of the Confederate States, to be held by him jn trust
for said Choctaw tribe of Indians, the said certificates of debt bear¬
ing date on the first'day of -January eighteen hundred-and sixty-one:
and the commissioners of the sinking fund of the state shall direct interest, how
the said auditor to pay to said secretary of the treasury the semi- paid
annual interest which was due on the first of July last, and on the
first of January of the present year, to be disbursed according to
the trust reposed* in him; and -thereafter to pay the principal and
. interest which may become due on said'certificates of debt as. is now.
or may.be hereafter prescribed'for the. payment of interest on the
state debt.
2. This act shall be in force so soon as the proper authorities of Commencemeas
the Confederate States shall file with the secopd auditor an' obliga¬
tion, approved by the commissioners of the sinking fund, to indem¬
nify the commonwealth against any loss or liability incurred by reason •
of tliis act.
36
FINANCIAL.—.PENALTIES.—DELINQUENT LANDS.
Chap. 15.—An ACT prescribing' Penalties against Illegal Assessments anci
Collection of Taxes.
Passed March 28, 18S2?
Penalty for as- • 1. Be- it enacted by the general assembly, that if any person hohT-
. seguing and col- . . „ . ' , r •
lecting taxes ■ ing any office or appointment under any usurped government, claim¬
ing to be established within the limits of this state, separate from the
existing government, assess or collect taxes, or seize or- convert pro-
perty'to the payment of such taxes or otli'er claim, under such govern¬
ment, such person, so collecting sucb taxes or other claim, shall be
liable to. the person from whom such taxes or claim shall be collected.
How enfofced for ten times the anjount of such taxes or claim; to be recovered,
upon motion; before any court of record in this commonwealth, upon
tefodays' notice of sncb motion.. In addition to the penalty incurred
by any sucb collector, any person injured may recover from any such
assessor, or other person making any sucb claim, by action, any con¬
sequential damages resulting from the seizure or sale of property or
Against whom enforcement of the payment of such-taxes, if the remedies hereby
given shall prove unavailing, by reason of tin? insolvency of any per¬
son against whom judgment rna'y Lave been rendered-, any person
who has held office, or who may he holding any office or appointment
under such government, shall be liable therefor, upon like motion
who exempt, and proof of the insolvency aforesaid: hut this remedy shall not be
given to any-one who has been instrumental in establishing such
usurped government, or who has held any office or appointment
under it, or professes allegiance or fidelity to it, or to the. govern- •
ment of the United States.
Commencement 2. This act shall be -in force from its passage,
,'Chap-. 16.—-An ACT to enforce payment of Balances due- from Commis¬
sioners of Forfeited and Delinquent Lands.
• Passed March 2d, 18t32.
' Preamble Whereas, by the tenth section of an act e'ntitled an act to amend
an act entitled an act to amend and explain the laws concerning
western land titles, and for other purposes, passed March fifteenth,
eighteen hundred and thirty-eight, provision was made for enforcing
the payment into the treasury of all balances in the hands of com¬
missioners. of forfeited and delinquent lands ; which provision is
deemed, insufficient to secure the rights of the commonwealth :
Therefore,
What done, on ' 1. Be it enacted by the general assembly, that in all cases of the
missioner °0in' failure of a commissioner to pay into the treasury the amount
appearing by the clerk's certificates required by said act to be in his
FINANCIAL.—DELINQUENT LANDS.—SHERIFFS.
37
hands, or wliich from said certificates ought to be in his hands, the '
auditor of public account's shall proceed, in the circuit court of the
city of Richmond, by motion, upon thirty days' notice, against such Notice,
commissioner and his securities, jointly'or -severally, In the same
manner and to the same-extent, in - all respects, as he may now pro¬
ceed against a sheriff for his default in paying the taxes assessed by-
virtue of the thirty-fifth Chapter of the Code' of Virginia, edition of
eighteen hundred and sixty.. In all such proceedings', the amount'' of Amount,jiow
the sales made by'such commissioner (after deducting all amountsascei ame
allowed him by the court under whose order the sales-were made,
for commissions and 'expenses attending the survey and sale "of such
lands, and all payments made thereon) shall b.e deemed to be the
amount of money in the#hands of such commissioner; but the right nervation to
i . ' i * • • • _ ...- , •, • • commissioner
is reserved to arfy such commissioner, or his securities, to show, upon
the trial of said' cause, that he is not liable for the amount of his
sales, after making the deductions aforesaid.
' 2, Where personal notice eannot be given, the 'auditor of public Notice, how.
accounts may give notice, by publication, of the time,and place ofglven
the motion tp be made by him against such commissioner and his
securities; which publication shall be for thirty days.'in some news-,
paper published in the city of Richnjond. 'Upon the trial of .'said
cause, the auditor of public- accounts sliall file an accurate .account
of the amount wherewith such commissioner is chargeable, under
the provisions of this act; to be ascertained.from- the certificates of
the clerk who Certified _said sales. The judgment against-'the prin-judgment, for
.cipal remaining in default, shall be for the amount appearing by the ^ iat amount
•auditor's account to be chargeable against him, with'interest thereon,'
at the rate of twelve per- centum per annum, together with fifteen
per centum damages thereon; but the securities shall not be charge¬
able with' any greater rate of interest than six per centum per annum,
• 'witho.ut damages.
3. The act passed the twelfth of March eighteen. hundred and Act of .1861 re,
•sixty-one, entitled an act to enforce payment. of balances due from pealed
Commissioners of forfeited and delinquent lands, is hereby repealed.
4. This act shall be in force from its passage. Commencement .
(Ciiap. 17.—An ACT authorizing- the Auditor of Public Accounts to sus¬
pend the institution of Legal Proceedings against- Sheriffs in certain
ecrunties.
Passed March 27, 1862.
X. Be it enacted by the general assembly, that in addition to'the Power of-auditor
powers and duties required of the auditor of public, accounts, by the eeedlngs11 Pr°
•ardinyuce of the convention, passed June twenty-eighth, eighteen
$8
FINANCIAL.—COLLECTION OF TAXES,- ETC.
hundred and sixty-one,'entitled an ordinance for the relief of sheriffs-
of certain counties, the said auditor is hereby authorized, in his dis¬
cretion, to suspend the institution of any legal proceedings against
the sheriff's of the counties referred to in'said ordinance, that may he
invaded and occupied by the army of the United States, for their
failure to account for the revenue of their respective counties for the
present year, and for any future year that the same may he occupied
by the forces of the enemy.
Commencement g. This act shall he in force from its passage.
ChfAP. IS.-—An ACT providing for the collection of Taxes and other public-
Dueg in the hands of defaulting disloyal Officers, and in the hands of other
persons disloyal iotbe State. .
Passed Klareh 25, 1&6C.
Preamble Whereas it is represented to the general assembly, that the banks-
incorporated by this state, located" in northwestern Virginia, have
failed t^make report of the taxes, dividends and bonus due to the
state, and. that many officers of this commonwealth, charged with
the collection of taxes, have failed to account to the treasury thereof
for their collections ; hut up.on the contrary, the said banks and col¬
lecting officers have acknowledged allegiance to an usurped govern¬
ment claiming to be established within the limits of this state, with¬
out authority of the legislature thereof, and have paid" such dividends,
bonus atid" taxes into, the treasury of such usurped government, in
contempt of the laws of this state, and in violation of official duty
and good faith :• And whereas the said usurped government has ap¬
pointed other collectors in counties and corporations where the regu¬
larly elected officers refused to collect and account to such govern¬
ment, who have proceeded to collect taxes, to the great oppression of
the IojTal people of this commonwealth'r To provide a remedy for the
speedy collection of all such public dues, and to guard against any
injustice,
Remedies 1. Be it therefore enacted by the general assembly, that fn addi¬
tion to the remedies now provided by law for the recovery of taxes
and other public dues in case any bank, sheriff, clerk, notary public
or other collecting officer shall fail to report or pay the amount justly
chargeable to such hank or collecting officer, in'case of a hank, on
of before the fifteenth day of January and the fifteenth day of July
in each year; *and in ease of collecting officers, within the time or
Account, where times prescribed by law, the auditor of public accounts may file in
the office of the circuit court of the city of Richmond, with the clerk,
thereof, an accurate account of the amount 'with which such hank or
collecting officer may he chargeable on account of any dividends,.
FINANCIAL.—COLLECTION . OF TAXES, ETC.
39
profits or bomis, whether the same he payable to the commonwealth
proper, or any of the departments of the commonwealth, on account
of the literary fund, fund for internal improvement, or oh account of
the bonus ®n the capital of such bank, or on account of any taxes;
and thereupon, such clerk shall enter up a judgment against such judgment, how
bank, in its corporate capacity, and against such officer and his sure- ei*tered
ties, jointly or separately, or any one or more qf them,' for the
amount of such account, with interest thereon, at'the rate of twelve interest
per eenthflr per annum, from the fifteenth day of January and the Time of compu-
fifteenth day of ^uly, in case of a bank, on account of their semi-tatl0n
annual dividends, tax and bonus; and in case of a collecting officer,'
from the time, payment is required by law to be made; subject to
such abatement of interest as is now authorized by law. In addition
to the interest to be included in such judgment, there shall be damages,
at the rate of fifteen per centum, on the amount of such judgment, to
.be included therein. If the reports from banks, clerks and notaries Basis of aeoount
• public and the commissioners' books shall not have bfien received at
the office of the auditor of public accounts, so as to prove the in¬
debtedness of such bank or collecting officer, the said auditor, in case
the books of commissioners and returns of licenses have been re¬
ceived, without showing a delivery to the collector, shall assume, as
•the basis of his account, that the books of the commissioners of the
revenue and the lists of licenses were delivered to the collecting
officers within the time required by law; and if reports, books and
lists of' licenses have not been received at the office of the auditor of
public accounts within the time required therefor, the said auditor-
shall assume,, as the basis of his account, the money appearing due
from the^last preceding assessments and from the last preceding re¬
ports: and the said auditor shall file an account, from such assess¬
ments and reports, against such bank, sheriff or other officer as he
is satisfied was engaged in the collection of taxes; and the fact that
any person was engaged in the collection of taxes, shall render him
and his securities, if he has any, liable to a judgment ; to be re¬
covered in the same manner as against a sheriff or other collector,
and to like interest and damages.
2. A lien shall exist on all the estate, real and personal, of any Lien of judg--
corporation or person liable to the judgment in this act authorized, ment
from the time the taxes, and other claims for which judgment is au¬
thorized, are payable into the treasury, or, as the case may be, from
the time "the-auditor is authorized to assume that the taxes and other
claims are payable; and such lien shall exist, whether the judgment
shall be docketed in the county where the property is or not.
3. Any person aggrieved by any such judgment, may. apply .to Limitation for
the circuit court of the city of Richmond within five years after such reverBal
judgment shall be entered up, or within two- years after the time.
peace between the Confederate States and the United States shall-be
40
.COLLECTION OF TAXES, ETC. MILITARY AFFAIRS.
made and declared, to set aside sucli judgment; and for good cause,
the said court may set aside said judgment, and proceed to try the
cause upon its merits, and affirm the judgment already entered, or
render such other judgment as the said- court may consider right, in
pursuance of the provisions of this act, making'all the assumptions
in favor of the commonwealth which the auditor of public accounts
is authorized to make in filing the accounts aforesaid.
Proviso • 4. Provided, that this act shall not be construed to ex#nd to any
'officer loyal to the commonwealth, who, by reason W his loyalty, has
been ousted from or hindered in the exercise of his office by said
Usurped government, or by the public enemy, and who has not re-.
cognized said usurped government, by voluntary payment-thereto,
or otherwise.
Commencement 5. . This act shall be in force from its passage.
Chap. 19.—An ACT for ascertaining and enrolling the Military Force of'
the .Commonwealth.
• Passed February 8, 188;
Bolls, how ob
tainea
1. Be it enacted by the general assembly, that immediately after
.the passage, of this act, the governor shall procure from the com¬
mandants of the several regiments, battalions and detachmeuts of
the -Virginia volunteers, complete rolls of the sevevhl complies now
in service, to be returned forthwith to the adjutant general -of the
Kcqulremepts state, designating the name, age and residence of each volunteer,
the time-of his enlistment, and when Lis term of service will expire,
and the company and regiment to which he belongs.
Who enrolled
Exempts
Powers of go¬
vernor
2. It shall be the duty of the governor to cause all the male citi¬
zens of the commonwealth, between the ages of eighteen and forty-
five", not now in the active volunteer service, to be enrolled as soon
as may be after the passage of this act, designating all exempts, and
the cause of such exemption, including all refugees from districts in
possession of the enemy, and designating such of them as have been
in service, and the term of such service; and "in all the tide water
counties the enrollment shall also specify all sailors and watermen;
and he is hereby authorized to prescribe such regulations, in addition
to or in lieu of those now established bylaw, as will-enable him
promptly and efficiently to perform the duty hereby imposed upon'
him; and to that end, lie may require the services of the commis¬
sioners of the revenue and sheriffs or sergeants of the several
.counties, cities rt.ml towns, or such other officers as to him shall, seem
expedient and-necessary. Tu making such •enrollment, it shall bo
■MILITARY AFFAIRS.
41
the duty of the 'governor to ascertain and state the time, if any; for
which any of the militia shall' have been in the service of the Con¬
federate .States or of the state of Virginia, during the existing war.
3. If any person liable to military duty shall fail to have his. name What, in erase of
enrolled by the officer appointed for that purpose, for ten days after name
the notice or proclamation requiring such enrollment shall have been
posted or published at two or more public places in his ward or ma¬
gisterial district, he shall, unless there be a sufficient excuse for such
failure, be enrolled or drafted among the first levies to he drawn
from such county or corporation.
4. If any officer shall fail to perform any duty required of him by Penalties on
the governor under this act, he shall be subject to a fine of- not less offl?ers
than twenty dollars nor more than two hundred dollars.
5. The officers enrolling the militia under this act shall be entitled Compensation to
to. a compensation, to be fixed by the governor, not exceeding ten officers
cents for each1 person enrolled; and the ffiaims for such compensa¬
tion shall' be paid on the certificate of the governor.
6. This act shall be in force from its passage. ' Commencement
•Chap. 20.—An ACT to raise Troops to meet the Requisition on Virginia
by the President of the Confederate States.
Passed February 10,1862.
Whereas the. president of the Confederate States has ascertained Preamble
the military quota of Virginia for the existing war to he sixty-five
thousand- eight hundred and forty-two men, and has made a requisi¬
tion upon the governor for a portion thereof; and it is the purpose of
this act to apportion the said requisition ratably among the several
comities, cities and towns of the commonwealth, according to the
white population thereof, and promptly to raise -the same :
1. Be it "therefore enacted by the general assembly, that as soon Number of voi-
as may he after the passage of this act,, the governor shall ascertain nfes"to bTrafied
what number of men will be sufficient to raise the number of eacht0100
volunteer company now in the confederate service from' this state to
.the niimber of one hundred men, ranis and file.. He shall thereupon
apportion the same among the several counties, cities and towns of
the commonwealth, ascertaining the number to be furnished by each,
upon the basis of its white population, after crediting to each the
number of its resident citizens .engaged as volunteers in the«serviee
of the Confederate States.
2. Hating ascertained the quotas to he furnished by the several Proclamation
counti -s, cities and- towns as affiresaid, he shall make proclamation
42
MILITARY AFFAIRS.
thereof, and shall call for volunteers to fill such quotas. Every such
volunteer shall report himself to the adjutant general by a day to be •
named in said proclamation, for enrollment in such company, con¬
taining less than one hundred men, as the said volunteer shall elect.
After deducting from the number apportioned- as aforesaid to each
county, city and town- the number of its volunteers under this call,
the remainder shall constitute the number to be drafted therefrom; -
and thereupon the governor shall proceed without delay to cause the
quotas so remaining due from the several counties, citie.s and towns
to be drafted by lot from their enrolled militia, and to be assigned to
their proper companies.
3. If the number drafted from any county, city or town be required
to fill the ranks of companies from such county,' city or town, to the
number aforesaid, they shall be mustered into the service in such
company; and as far as practicable, the drafted levies from any
county, city or town shall be assigned, to companies from, stich
county,, city or town, or. from counties, cities or towns nearest
thereto.
4. At least thirty days before the day on which the term of ser¬
vice of each volunteer company now in the field shall expire, the
governor- shall cause, such company to be mustered for re-enlistment
by the officer commanding the same, who shall submit to each volun-
RqII of company teer the question whether he will re-enlist or not, and shall make out
an "accurate company roll, designating therein the name, age and
residence of each volunteer who shall decline to re-enlist, the time
his term of service shall expire, and the company and regiment to
which he belongs, and return the same forthwith to the adjutant
Draft, how • general; and thereupon the governor shall catise to be drafted, by
lot, upon the principles and in the proportions prescribed in the fore¬
going sections of this act, from the enrolled militia of the respective
counties, cTties and towns of this commonwealth, a number of men
equal to the number of those so refusing to re-enlist, including as a
part of the militia of the several counties, cities and towns in which
they reside, the volunteers so refusing to re-enlist.
Draft, how ap- 5. Any draft under the provisions of this act shall, so far as prac-
portioned ticable, not only be apportioned among the counties, cities and towns
of the state (not in the possession of the publie enemy, or in which •
from any cause a draft cannot be enforced), so as to give to each fair*
credit for the number of men theretofore furnished; but the same
principle, so far a& may be practicable, shall be extended to the
apportionment among company districts in every county, city and
town. '
Artillery com- ' 6, Artillery companies, whether heretofore or hereafter organized,
pames • ... eq„jppe(j ag }jg]^ batteries of six pieces each, containing not
more than one hundred and fifty men, rank and file: and whenever
Quotas, how
drafted
Levies, how
Re-enlistment
MILITARY. AFFAIRS.
43
any such company shall contain not less than one., hundred and
twenty men, rank and file,'it shall he entitled to an additional second
lieutenant* to be elected by the company and commissioned by the
governor: and in. any artillery company heretofore organized and
accepted by the governor, he shall be authorized to commission the
officers thereof of corresponding rank and grade with the same arm
of the service in the Confederate States; and to effect this object, he
may recall the commissions now held by the officers thereof, and issue
in their stead commissions as of the same date,, conferring the proper
rank and grade.
7. Oh the day on which the term of service of any volunteer com- Who discharged
pany shall expire, the men refusing to re-enlist and not drafted for
service, shall be discharged; and thereupon the other members of the
company, the volunteers re-enlisting, with the complement furnished
by voluntary enlistment and by draft, shall proceed forthwith to
reorganize the company and elect its officers. The commissioned Companies, hovr
officers shall be commissioned by the governor. The commissions 0pre01gamzed
those, elected to the same office shall be of the same date with their
former commissions, and those not re-elected may retire, from the Officers not re-
serviee, and their .names shall be reported for enrollment with those
refusing to re-enlist, and their commissions shall be vacated.
8. Whenever a majority of the companies composing any regi-Field officers,,
ment or battalion shall be reorganized under the provisions of the
preceding sections, the commissions of the field officers of such regi¬
ment or'battalion shall be vacated, and as soon thereafter as may be,
the commissioned company officers shall elect for a regiment one
colonel, lieutenant colonel and major; and for a battalion, one major.
9. Except in the cases mentioned in the sixth section of this, act, Company offi-
there shall be for each company a captain and three lieutenants, who cers
shall be elected by the company and commissioned by the governor.
10. The term of service of all persons drafted or volunteering Term of service
under the provisions of this act, shall be three years, deducting
therefrom the term of their previous service, during- the existing
war; nor shall any volunteer declining to re-enlist, who may be
drafted under this act, be ordered to duty for the period of forty
days from the expiration of his previous term of service, unless in .
the opinion of the governor the public exigences shall imperatively
demand his services. And the general assembly recommend thata -Furlough
furlough of at least sixty days be granted to all volunteers who may '
re-enlist, at such time as the. public exigences may allow.
11. Any persorr who may volunteer or be drafted under- the pro- Substitutes,
visions of" this act, may, at any time before he shall be mustered into how furms5lea
the service of the Confederate States, furnish an able bodied manj
, well clothed, who shall be accepted as his substitute; but the person
44
MILITARY AFFAIRS.
furnishing such substitute shall perform ordinary militia duty during
if substitute be the substitute's absence. Should such .substitute, while thus engaged
drafted •
for another, be drafted, or called on to perform his own tour of duty,
the person furnishing him shall be required to take his place, or to
furnish another substitute on the same-terms. No person (whether
. heretofore exempted or not by colonels of militia or others, on ac¬
count of physical disability) who maybe drafted under this act, shall
be discharged from service by reason of such exemption; nor shall
■ any discharges be granted by reason, of alleged physical disability,
unless the person claiming exemption be examined, and the disability
certified to by the officers, and in the manner prescribed for obtaining
similar discharges for men now in service.
-Yoiunteers, bow 12. Whenever the governor shall be .required to fill up companies
accepted under this act, he shall be authorized to accept volunteers in lieu of
drafting.
. Commencement 13. This act shall be in force from its passage.
Chap. 21.—An ACT to authorize the Gwernor to organize and call out cer¬
tain Military Forces for the defence of the State.
Pasted Slareh 7,1862.
"Who to be en- • . 1. Be it enacted by the general assembly, that in addition to the
'idled duties prescribed in the act-passed February eighth, eighteen hun¬
dred and sixty-two, entitled an act for ascertaining and enrolling the
military force of the eomn^pnwealth, the governor shall require the
enrolling officers in the cities of Biehmond, Norfolk, Portsmouth, Pe¬
tersburg, Fredericksburg and Lynckbtirg, and in such of the towns of
the commonwealth as he shall designate, to enroll separately all the.
white male inhabitants of the same, and within one mile of the city
of Biehmond, on the north side of James river, and within a half
mile of. the other cities an'd towns aforesaid, between the ages of six¬
teen and eighteen years, and between the ages of forty-five and fifty-
five years, including in such enrollment all white male persons be¬
tween the ages aforesaid, who may be sojourning in said cities and
towns, and who may, by reason of the existing war, be refugees from
their residences in this state, and are not elsewhere enrolled under
the provisions of the said act of the eighth February eighteen hun¬
dred and sixty-two;"and the enrolling officers of said cities and towns
shall enroll all persons who are required to be enrolled under this
section.
First class 2. The persons directed to be enrolled under said act of eighth
February eighteen hundred and sixty-two, shall constitute the first'
Second class military class, and those directed to be enrolled under this'act shall
MILITARY AFFAIRS/
43
constitute the seeond military class; and the governor shall • have
power to call into active service the whole or any portion of both or
either of said classes, whenever in his opinion it may he necessary
to the.public defence; hut nothing in this act shall be construed to
interfere in any manner with the ratable draft on the first class afore¬
said, under the provisions of the act entitled an act to raise troops to
meet'the requisition on Virginia by the president of the Confederate
States, passed February tenth, eighteen hundred. and sixty-two, or to
authorize the governor to require the persons constituting the second
class aforesaid to perform military duty elsewhere than in and near
their respective cities and. towns, nor for a longer period than thirty
■days at any one time,
3. The governor shall require all able bodied persons embraced in Second class,
the first class, if not already, to he forthwith organized into com- °w organize,i
panies, battalions and regiments, as nearly as may be, in pursuance
of existing laws; and if by reason of drafts under said act of the Companies,'how
tenth February eighteen hundred and sixty-two, or other cause, the rearianged
strength of the companies, battalions or regiments shall be reduced
below the minimum prescribed by law, the governor sliall cause the
companies to be rearranged; and if necessary, the battalions and
regiments to be consolidated in pursuance of existing laws. Elec- Regiments,
tions shall be held for company and field officers, and all other officers soiidated 6 °°n
shall be appointed , as now. prescribed-by law, on" March fifteenth,
eighteen hundred and sixty-two, or as soon thereafter as may be;
and such new officers shall be at once commissioned by the governor;
and thereupon the commissions of the old officers shall be vacated.
But if any. company shall fail to elect its officers for thirty days after in case of failure
its organization, .the next succeeding court of the county or corpora- officers ap°W
iion in which such company is, shall appoiat the officers for said com- pomted
pany, who shall be commissioned by thd governor.
4. The able bodied persons composing the second class aforesaid Second class,
shali be organized into companies, battalions and regiments. Each how orgamzeo
regiment of this class shall be composed o£ two battalions, and shall
consist of at least five hundred men, rank and file. In every such
battalion there.shall be at least five companies. 'Every such com¬
pany shall consist of not less than fifty nor more than one hundred
men, rank and file.
5. For the purpose of properly training the forces hereby directed When second
to be organized for active service, the governor may require those of drilled?*7 "
such cities and towns as he may designate, and the population resid¬
ing within one mile of the city, of Kichjnond, on the north side of
James river, and within half a mile of the other citie's and towns, to
be drilled, as he may deem necessary; and he may in like manner-
order the forces of the several counties of the commonwealth of the
first class to .be assembled for drill and instruction every alternate
Saturday after they shall have been organized, at their usual places
16
MILITARY .AFFAIRS.
of muster, till the first day of June; and thereafter, on the last
Saturday of every month; and shall order the commissioned officers
only of-each regiment of every such county to assemble and drill
each intervening Saturday, at the usual places of muster of such
regiment, till the said first day of June; and thereafter, on the third
Saturday of every month: provided, however, that in any special
case,, when the public exigences shall in the opinion of the governor
require, he may order more frequent drills of the said county forces'.
Militia laws ap- 6. The laws applicable to the militia of the commonwealth shall
iphcabie .q ^ respects apply to the persons composing the second class afore¬
said, except so far as the same may be modified by the provisions
of this act.
Exemptions 7. No person shall be exempt from service under this act, unless
he be entitled to exemption from all military duties under laws now
in force, or'hereafter enacted; and the mode of exemption provided
by law for persons of the first class, shall be applicable to those of
the second class aforesaid; and in respect to persons in both said
classes, the board of exemptions fn each of said counties, cities and
towns shall have power to grant partial or entire exemptions in cases
of special and peculiar hardship, or when the public interest requires
such exemption, subject to revocation by the governor.
■Commencement 8. This act shall be in force from its passage.
CiIAP. 22.—An ACT to authorize the repair, mounting and equipping of
Artillery Pieces, and the purchase and repair of Small Arms,'Accoutre¬
ments and Ammunition.
Passed March 24, 1S62.
Gannon,tow - 1. Be it enacted by the general assembly, that the governor he
Repaired and he is hereby authorized to have, repaired, mounted and equipped,
with caissons and appropriate accoutrements, so as to be ready for
service, such artillery pieces as may be in possession of the state,
and to cause to be restored to the state any state arms in. the hands
Small arms to he of individuals, withheld from the public service; and to purchase
purchased gUng) r}f]eg an(] other small arms, in this state, and to have them
repaired and put in order for service as soon as practicable, and to
purchase accoutrements and ammunition, or procure the making
thereof.
Amount appro- 2. That the sum of one hundred thousand dollars be and the same
priated jg hereby appropriated to carry this act into effect.
How contracts & The repairing,. mounting and equipping, of artillery, and the
feaedo
MILITARY AFFAIRS,
47
repair of arras and accoutrements, t?y this act authorized, may he
done hy contract, or at the state armory, at the discretion of the
governor.
4. This act shall be in force from its' passage. . Commencement
Chap; 23.-~An ACT amending and re-enacting the second section of chap¬
ter 22 of the-Code of Virginia, respecting persons exempt from all military
duties, and providing the mode of exemption.
. Passed February 18,1862.
. 1. Be it enacted by the general assembly, that the second section Code amended-
of the twenty-second chapter of the Code 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 officers, 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 circuit
courts; the clerk of each of said courts, and of each county arid cor*
poration court; judge of hustings court; *the sheriff of each county,
and the. sergeant and the 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, super¬
intendent of the penitentiary, and their clerks and assistants; every
minister of the gospel licensed to preach according to the rules of his
sect; superintendents of the public hospitals, lunatic asylums, emd the
regular nurses and attendants therein, and the teachers employed in
the institution for the deaf and dumb aucf blind; one physician 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..trans¬
portation of each rail road company; the president, secretary and
chief collector of each canal company. No one shall be exempt
from, draft by reason of bis being an agent of a commissary or assis¬
tant commissary, or quartermaster or assistant quartermaster, whe¬
ther said commissary or assistant commissary, or quartermaster or
assistant quartermaster he in the service of the Confederate States
or of this state, or by reason of his holding any office or commission
in the militia; anct whenever any militia officer is.drafted for actual
Bervice, his commission shall be vacated."
48
MXLITJAKY AFFAIRS.
Officers of city,. 2. If the constituted authorities of any city shall, within twenty
empted"-e* days after any draft has been made therefrom, apply to the governor
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 service in connection with its gas or water works
op fire and police departments ; and if, within twenty days after any
draft, the president and superintendent of any 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 company, 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
When exempt time he was drafted, without pay as a soldier; and in case lie.shall
service ° t0 leave the service of such city or company, be shall at once be re¬
manded to the military service for'which he was drafted; and if any
such person shall fail, for ten.days after leaving such, service, to re¬
port himself to the governor or to some military officerfor duty as a '
How places of soldier, he shall be proceeded against as a deserter. The governor
exempts o e gjla]] proniptiy cause the places of all persons exempted under this
section to be filled by further draft from the respective counties, cities
and towns from which such per tons 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.
Board of exemp- a. immediately alter -rue passage 01 tms act, tne-governor snail
stittited°W C°n issue his proclamation, requiring the organization of a board of ex-
" emptions in each county 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 clerk of the hustings or county
eourt ""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 ami capable of acting, the clerk of the circuit
court shall act; or if no such boqrd should be organized, the gover¬
nor may designate-any three justices of the county or -corporation,
who shall constitute the board, and appoint their own clerk.
Powp™ of board 4. The board shall have cognizance of all questions of exemption,
o exemptions aiu| s]ja]] adjudge tb.c 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 enrolled 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,
49
d. In no case shall the board grant a discharge upon a claim of Discharge for
'exemption for bodily infirmity, unless at least two physicians of re- Sfy^how Sr
spectable standing, being duly sworn, shall prove before said board 6'ranted
that the bodily infirmity is of a permanent character, and is such as
will disqualify the claimant for uischarging the duties of a soldier.
6. Every claim for exemption, or excuse, shall be filed with .the Exemptions.,
clerk of the board, who shall issue process for such witnesses as the tned"
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
shall he 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 (he board.
7. For every failure to discbarge any duty prescribed in this act, Penalties for
the members of the board and the clerk may each be fined net less board6 °f th°
than ten nor more than one hundred dollars.
8. All acts and ordinances and parts of acts and ordinances Repealing clause
inconsistent with this act, are hereby repealed.
'9. This act shall he in force from its passage. Commencement
>Chap. 24.—An ACT to declare the Powers of Beards of Exemption, and to
impose penalties on members of such Boards for usurping powers not con¬
ferred en them, and to amend the 6th section of an act passed February
18th, 18C2, entitled 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 exemption.
Passed March. 11, 1862.
1. Be it enacted by the general assembly, that the true meaning Act 0f Feb. is
■of the act passed February eighteenth, one thousand eight hundred constl'ued
and sixty-two, entitled an act amending and re-enaetirig 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, so far as the powers conferred upon boards of exemp¬
tion are concerned, is, that said boards of exemption shall have
jurisdiction of the causes of exemption specially set forth in said'
act, and of no -others, and shall pass on no case of exemption until
the person claiming exemption has been drafted for actual service.
•2. That in every, case where a discharge is granted by a board of Discharge, how
•exemptions, the cause of exemption shall he entered of- record, andSJ'ailted
the vote shall be recorded by yeas and nays; and if any such board
■shall usurp powers not conferred by said act, and shall grant a dis¬
charge from military' service to any drafted person for a cause of
4
50
MLITARY AFFAIRS.
which such board has not jurisdiction specially conferred by said act,
such discharge shall be void; and each member of such board voting
for such discharge and exemption, or who shall fail to perform any
duty hereby imposed, shall, for every such offence, be guilty of a
misdemeanor, cognizable only in thS circuit court of the county or
punishment of city wherein such members reside, and shall be punishable by a fine
board of exemp iegg than one hundred nor more than one thousand dollars, and
by imprisonment, at the discretion of the court, in the eountyjaif
for a period of not less than one month nor more than twelve months.
Substitutes 3. In all cases where substitutes have been actually placed in
service and certificates obtained, the board shall decide on the va¬
lidity of the same. .
Act of Feb. is 4. That the sixth section of an act passed the eighteenth February
amended one thousand eight hundred and sixty-two, entitled an aet amending
and re-enacting the second section of chapter twenty-two of th'e
Code of Virginia, respecting persons exempt from all military duties,
and providing the mode of exemption, be amended and re-enacted
so as to read as follows:
Cases of &xemp- " § 6. Every claim for exemption, or excuse, shall be filed with
tion, how tried 0f £be 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 hoard,
the trial of eases of exemption and excuse shall commence; and the
same shall he disposed of in a summary manner, as speedily as inay
be. The clerk of the hoard shall promptfy report to the adjutant
general the name of each person exempted or excused by the board,
and the cause of such exemption in each case."
Commencement 5. This act shall be in force from its passage.
Chap." 25.—An ACT providing for the exemption of certain parties upon
religious grounds.
Passed March 29,1862.
Persons holding 1. Be it enacted by the general assembly of Virginia, that when-
teneTsntoebeex-S ever, upon application for exemption to the hoard of exemption, it
8mpted shall appear to said board that the party applying for said exemption
is Jbona fide prevented from bearing arms, by the tenets of the church
to which said applicant belongs, and did actually belong at the pas-
Terms of exemp- sage of this act, and further, that said applicant has paid to the
t,on sheriff of the county or collector of taxes for the city or town in
which said applicant resides, the sum of five hundred dollars, and in
addition thereto, the further sum of two per cent, of the assessed
Value of said applicant's taxable property, then the said board, on
MILITARY AFFAIRS.
51
the presentation of the receipt of said officers for said moneys, and
after the said applicant shall have taken an oath or affirmation that
he will sustain the confederate government, and will not in any way
give aid and comfort to the enemy of the said confederate govern¬
ment, then the said hoard shall exempt said applicant: provided, Proviso
that whenever such party may be unable, or shall fail to pay the
said sum of five hundred dollars, and the tax of two per centum on
their property, he shall be' employed (when liable to militia duty)
in the capacity of teamster, or in such other character as the service
may need, which does not require the actual bearing of arms: and
provided further, that the persons so exempted do surrender to the
board of exemption all arms which they may own, to be held subject
to the order of the governor, for the public use.
2. The sheriffs and collectors aforesaid shall account for all moneys Amounts, how
. .... , ,T . r v ' accounted for
received under this act, as they now account for license taxes.
3. Said board of exemptions shall certify to the auditor of public Duty of board
accounts lists of- the persons so exempted, and copies of the sheriffs'
or collectors' receipts for such commutation money, in order that the
auditor may charge the officer with the amount so collected: pro- Proviso
vided the sheriff's commission shall be only two per cent, upon the
amount paid under this act.
4. This act shall be in force from its passage. Commencement
CHAP. 26.—An ACT to authorize the organization of ten or more Companies
. of Rangers.
Passed March 27,1862.
1. Be it enacted by the general assembly, that the governor of companies of
this commonwealth be and he is hereby authorized to commission ransers0r8C0®1a
ten or more captains, and not exceeding twenty, and twenty or more
lieutenants, and not exceeding forty, citizens of the counties in this
commonwealth now in the possession of the enemy; with authority
to raise ten or more companies, and not exceeding twenty, of one hun¬
dred men each, to be composed exclusively of men whose homes are
in the districts overrun by the public enemy, within the limits of
said counties, who shall enlist for tw7elve months in the service of
this 'commonwealth, to act as rangers and scouts on our exposed
frontier near the lines of the enemy, and in that part of the state
overrun by the armies of the enemy, with the view of cutting off their
marauding and foraging parties, and giving protection to the loyal
citizens of the state. Whenever either of said captains and two of Companies, how
said lieutenants, to. be commissioned first and second lieutenants, orgamzed
shall enlist seventy-five men, they shall be organized into a oom-
52
MILITARY AFFAIRS.
pany, and the captain shall make report thereof, with a list or en¬
rollment of his men, with'the names of four sergeants and four cor¬
porals (to be appointed by him), to the adjutant general, who shall
furnish the said company with such arms and ammunition as can
be procured. When four of said companies shall be organized, the
officers thereof shall elect a major; when six shall be organized, the
officers thereof shall elect a lieutenant colonel; when ten shall be
organized, the officers thereof shall elect a colonel. The officers so
elected shall be commissioned by the governor as major, lieutenant
Pfjy colonel and colonel of said rangers and scouts. And the said offi¬
cers and privates shall receive the same pay as is allowed to the-pri-
vates and officers of the infantry by the Confederate States, from the
return of the lifet and enrollment of said company to the adjutant
general, and the time they shall be armed and equipped for and en¬
gage in active service.
Under' eommand 2. The said officers and rangers shall be under the command of
of governor governor, and shall conform their operations to the usages of ci¬
vilized warfare : provided the enemy on their part shall conduct the
war according to the usages of civilized war. The commandants of
companies shall report their operations to the officer in command,
who shall report thereon to the governor. ■
whencompanies 3. The said companies shall be placed in such positions along our
act northern, western and northwestern frontiers from which they can
give the greatest annoyance to the enemy, and the greatest protec¬
tion to our loyal citizens, in such detached parties, of one or more
companies or parts of a company, as will most promote the public
interest.
When compa- 4. Whenever the said rangers'shall be in the neighborhood of a
confederate'au-r confederate army, they shall be subject to the orders of the comman-
thonty dant of the same, and shall always co-operate with the* movements
Proviso of said army when ordered to do so: provided, however, that the
provisions of this ac£%hall not impair or interfere with the laws pro¬
viding for the quota of Virginia to the confederate army.
Commencement 5. This act shall be in force from its passage.
Cxiap. 27.—An ACT to amend and re-enact an act entitled an act to create
an Ordnance Department, passed January 25, 1861.
Passed March 31, 1862.
Act amended Be it enacted by the general assembly, that the act entitled an act
to create an ordnance department, passed January twenty-fifth,
eighteen hundred and sixty-one, be amended and re-enacted -so as to
read as follows:
MILITARY AFFAIRS.
5-3
1. Be it enacted by the general assembly, that an ordnance.de-Ordnance,de¬
partment be and is hereby created, to consist of one colonel of ord- partm6nt
nance, to be appointed by the governor, by and with the advice and
consent of the senate, and subordinate officers, not exceeding six in
number, to be appointed in like manner; the said subordinates to
hold such rank as may be prescribed by the governor, with the con¬
sent of the seifate. The pay and allowances of all commissioned Pay of officers,
officers of the ordnance department shall be the same allowed to
officers of the same rank in the artillery service of the Confederate
States."
2. This act shall be in force from its passage. Commencement
Chap. 28.—An ACT to provide for having an accurate List and Record
made of the Military Forces of Virginia.
Passed March 13, 1862.
1. Be it enacted by the general assembly, that the adjutant general Lists to be made
be required to take such steps as may be necessary, to procure a cor¬
rect and accurate list of the names of all the volunteer forces of the*
state of Virginia, which have been mustered into the service of the
Confederate States since the commencement of .the present war with
the United States, and all the forces which may hereafter be mustered
into said service, giving the names, ages, residence, and dates of
being mustered into service of each of the officers, non-commissioned
officers and privates of each company together, in the order in .which '
it was mustered into service, and that he have the same recorded in
the books of his office.
2. This act shall be in force from and after its passage. • • Commencement
Chap. 29.—An ACT to empower the Governor to have made out and filed
in the State Department complete Lists of Virginia Forces.
Passed February 7, 1862.
Whereas it is the intention of this state to preserve for future Preamble
reference, and to hand down-to the latest posterity, the names of the
valiant men who have rushed forward in the field to fight for southern,
independence: Therefore,
1. Be it enacted by the general assembty, that the governor be Lists, how to be
and he is hereby authorized and empowered to have made out com¬
plete and accurate lists of all the forces of Virginia, showing the
time of service of each company, and whether they have yoluntarily
54
MILITARY AFFAIRS.
enlisted, or been drafted, who have been or may hereafter be in the
field in defence of this state or Confederate States, and to have the
same filed in the state department.
Powers of go- 2. Be it further enacted, that the governor is hereby empowered
vernor
to do and to have done all things necessary to carry out 4he intent
of this act; and the expense necessarily incurred in carrying out the
same shall be paid out of the military contingent fund.
Commencement 3. This act shall be in force from and after its passage.
Chap. 30.—An ACT to organize a Regiment of Pikemen for the Confede¬
rate Seryice.
Passed March 28,1862.
John Scott' an- 1. Be it enacted by the general assembly, that Captain John Scott,
aregiment'oT186 Confederate States infantiy, a citizen of Fauquier county, Virginia,
pikemen jjg an(j js hereby authorized to enlist a regiment of not less than-
six hundred nor more than twelve hundred men, rank and file, to be
•armed with pikes and other weapons; and as soon as the minimum
is enlisted, the governor shall commission the said Scott colonel of
Officers, haw the said regiment; and- thereupon the lieutenant colonel, major and
elected company officers shall be elected and commissioned in like manner
as the like officers are elected and commissioned under the act of the
tenth of February one thousand eight hundred and sixty-two, en¬
titled an act to raise troops to meet the requisition on Virginia by
How to be en- the president of the Confederate -States : provided, however, that to
hsted fill this regiment, volunteers may be enlisted from the forces now in
the confederate service and furnished from this state, but not until
their present term shall have expired, unless sooner released by the
president of the Confederate States: and provided also, that this
regiment, as soon as enlisted and organized, shall be tendered to the
president, to constitute so much of the quota of this state,' under the
said act of the tenth of February one thousand eight hundred and
sixty-two.
Appropriation 2. That a sum not exceeding fifteen thousand dollars be and the
same is hereby appropriated to defray the costs of arming said regi¬
ment with pikes and other' weapons; and so much of the said sum
as may be expended in arming this regiment shall be considered by
this state, and demanded by the accounting authorities thereof, as a
just charge on the confederate government; but the same is not to
be paid until the forces aforesaid shall be raised; and if less than
the twelve hundred men be raised, then such part thereof as may be
necessary to arm the same; and the pikes authorized to be made
shall be made upon contract, to be awarded after .pilblic notice in¬
viting bids.
MILITARY AFFAIRS.
55
3- No pay for services to the' colonel or other officers and privates when pay to
shall be made until the minimum of privates shall be mustered into commenee
service.
4. This act shall be in force from its passage. Commencement
Chap. 31.—An ACT to constitute a Corps more, effectually to eollect the
Arms of the State and Confederate States, not in actual service.
Passed February 12, 1862.
1. Be it enacted by the general assembly, that the governor of Arms, how to b«
the commonwealth be and he is hereby authorized and requested to eoUect6d
require the sheriffs and sergeants of the several counties and corpo¬
rations forthwith to eolleet all the muskets, pistols, sabres and other
arms belonging to the state of Virginia or the Confederate States,
now in the hands of persons within their respective counties or cor¬
porations, not in actual service, and to transmit the same to the
adjutant general of the commonwealth: provided this act shall not
apply to such arms as have been recently furnished to the militia of
any county, city or town for public defence, by order of the governor!
2. For such services the said sheriff or sergeant shall be entitled Compensation to
to a compensation of twenty-five cents for each musket, rifle, sabre lecting
or pair of pistols so collected and transmitted; to be paid out of the
treasury of the commonwealth, upon the production of the adjutant
general's receipt for the said arms, with an order of the governor
endorsed thereon.
"3. When required by the governor to proceed under this act, it Notice, how
shall be the duty of the several sheriffs and sergeants so called upon, ?ivea
to give public notice within their respective counties or corporations,
requiring all persons having in their possession any of the arms re¬
ferred to, forthwith' to produee and deliver the same to such sheriffs
, or sergeants: and if any person having such arms in his possession
shall fail to produee and deliver the same within twenty days from,
the day of the publication of said notice, he shall be liable to a fine
of ten dollars for every such musket, rifle, sabre or pair of pistols;
to be recovered before any justice of the peace: and if the person
thus in default, without sufficient excuse therefor, be liable to military
duty, he shall be forthwith drafted into the service for the war.
4. It shall be the duty of said sheriffs and sergeants, whenever Arms, how
such arms have been collected by them, forthwith to transmit thetranBimtte(1
same to the adjutant general, at the expense of the commonwealth:
<and any such sheriff or sergeant, who shall fail or refuse to perform Penalty
any of the duties that may be required Of him under this act, shall
Hie liable to a fine, not less than one hundred nor more than five
56.
MILITARY AFFAIRS'.
hundred dollars ; to be recovered against him, on the motion of the*
attorney for the commonwealth, upon ten days' notice, before the
court of the county or corporation in which he may reside.
Commencement '5. This act shall be in force from its passage.
CHAP. 32.—An ACT authorizing Maryland Volunteers, who re^-enlist in the
Troops of Virginia, to be transferred to Maryland Regiments.
Passed March 7," 1862.
Preambis Whereas it is represented to this general assembly, that many of
the citizens of Maryland now serving with the troops of Virginia, are
desirous of re-enlisting in the army of the Confederate States, hut at
the same time are anxious to organize themselves together into regi¬
ments : And whereas, by re-enlisting into organizations to which they
are- at present attached, tliey continue their connection therewith, and
are prevented from associating themselves together as they desire:
Therefore,
Maryland volun- 1. Be it enacted by the general assembly of Virginia, that any
transferred . citizen of Maryland, who shall re-enlist in the troops of Virginia,
under the provisions of the act of the provisional" congress of the
Confederate States, approved December eleventh, eighteen hundred
and sixty-one, and the act of the general assembly of Virginia, passed
February tenth, eighteen hundred and sixty-two, shall, upon the expi¬
ration of the present term of his enlistment, if he desire it, he trans¬
ferred to the first Maryland regiment in the provisional army of the
Confederate States, or any other regiment of Marylanders which may
be organized.
Commencement 2. This act shall be in force from its passage.
Ciiap. 33.—An ACT to authorize the reorganization of the Culpepe?
Minute Men, and the Culpeper Rifles.
Passed March 13, 1862.
Volunteer com- 1. Be it enacted by the general assembly, that whenever, prior td*
panics from Cul- , _ „ , ^
rcpnr, how reor- the fifteenth day of March eighteen hundred and sixty-two, as many
gamzed , Qg thirty-five members of either of the volunteer companies from
the county of Culpeper, called the Culpeper minute men, and the.
Culpeper rifles, whose terms of service recently expired, shall report
themselves to the adjutant general for enrollment as volunteers in
such company for three years, or for the war, subject to a credit for
the period of service already rendered during the existing war, such
MILITARY AFFAIRS'.
57
company shall thereupon, for all the purposes of the act passed'
February tenth, eighteen hundred and sixty-two, entitled an act to
raise troops to meet the requisition on Virginia by the president of
the Confederate States, be proceeded with and be regarded as if it
were a company now in the confederate service from this state.
2. That the governor shall designate the day on which the mem- when company
bers of such company or companies, after the number of the same tobereorsamze,$
has been raised to one hundred men, rank and file, shall proceed to
reorganize the company and elect its officers.
3. This act shall be in force from its passage. ■Commencement-
Chap. 34.—An ACT to reorganize the Seventeenth and Twenty-eighth
Brigades Virginia Militia.
Passed March 15, 1862.
1. Be it enacted by the general^assembly, that the county of Wise County of wise
shall be attached to the seventeenth brigade Virginia militia.; and brigade*110
one hundred and seventy-seventh regiment in the county of Russell brigadetQ 28th
to the twenty-eighth brigade, and.that the officers of throne hundred
and seventy-seventh regiment shall be trained at Aston's store in
Russell county.
2. This aet shall be in force from its passage. Commencement
Chap. 35.—An ACT to amend an Ordinance of the Convention to provide
for the Organization 'of the Provisional Army for the State of Virginia.
Passed March 12,1862.
Be it enacted by tbe general assembly, that tfig ordinance of the Ordinance
convention entitled an ordinance to provide for the organization ofamended
the provisional army for the state of Virginia, passed April twenty-
seventh, eighteen hundred and sixty-one, be amended and re-enacted
so as to read as follows:
1. There shall he organized a provisional army for. the state of Provisional
Virginia, as the exigences of the service may require; which army R^fments1'*
shall consist of a major general, of four brigadier generals, two regi- officers of
ments of artillery, eight regiments of infantry, one regiment of rifle¬
men and one regiment of cavalry. Each regiment of artillery shall
corlsist of one colonel, one lieutenant colonel, one major, one adju¬
tant, one sergeant major, one quartermaster sergeant* and ten com¬
panies ; and each company shall consist of one captain, one first lieu- Companies.
officers of
58
MILITARY AFFAIRS.
Cavalry regi¬
ment, officers of
Company,
officers of
Rifle regiment,
officers of
Proviso
tenant, two second lieutenants, fife sergeants, four corporals, two ar¬
tificers, two musicians and one hundred privates. Each regiment of
' infantry shall consist of one colonel, one lieutenant colonel, one ma¬
jor, one adjutant, one sergeant major, one. quartermaster sergeant,
two principal musicians and ten companies; and each company shall
consist of one captain, one first lieutenant, two second lieutenants,
five sergeants, four corporals, two musicians and ninety privates.
The regiment of cavalry shall consist of one colonel, one lieutenant
colonel, one major, one adjutant (who shall be a lieutenant), one
sergeant major, one quartermaster sergeant, one chief musician, two
chief buglers and ten companies; and each company shall consist of
one captain, one first lieutenant, two second lieutenants (exclusive
of the lieutenant who is to be the adjutant of the regiment), five ser¬
geants (one of whom shall act as quartermaster sergeant to.the com¬
pany), four corporals, two buglers, one farrier, one blacksmith and
ninety privates. The regiment of riflemen shall consist of one colo¬
nel, one lieutenant colonel, one major, one adjutant, one sergeant
major, one quartermaster sergeant, two principal musicians and ten
companies; and each company shall consist of one captain, one first
lieutenant, two second lieutenants^five sergeants, four corporals, two
musicians and ninety privates: provided, that the governor is not
authorized hereby to raise any more companies or battalions of troops
for the provisional army, or to keep any. officers of the same in pay,
unless they have been assigned to duty, and are actually employed in
the service.
General and field 2. The general and field officers shall be appointed by the gover-
poffited h°W aP nor'by and with the advice .of the senate; and the governor shall
commission the same. The governor shall appoint the company offi¬
cers ; but no officer shall be commissioned until the requisite com¬
mand is raised. In the recess of the senate, appointments of sueh
officers may be made and vacancies supplied by the governor; but
the appointments shall be subject to ratification or rejection by the
senate, at its next session ; and the commissions of officers rejected
shall be void.
Aid decamps 3. The major general shall be entitled to two aids de camp, who
shall have the pay of a captain of cavalry. Each brigadier general'
shall be entitled to one aid, with the same rank and pay. To each
regiment there shall be an adjutant, to be appointed from among the
subalterns, by the commanding officer of the regiment.
Enlistments 4. The non-commissioned officers, musicians, artificers, farriers,
blacksmiths and privates of the provisional army shall be enlisted for
three years, unless sooner discharged, and the regulations for their
•enlistment shall be prescribed by the governor.
Commencement 5. This act shall be in force from its passage.
MILITARY AFFAIRS.
59
Chap. 36.—An ACT for the. relief of the Indigent Soldiers who have been
or may be disabled in the military service of the State, and the Widows or
Minor Children of Soldiers, who have died or may hereafter die in the
service. .
Passed March 10,1862.
1. Be it enacted by the general assembly, that the county courts Allowance, how
and the councils or boards of trustees of any city or town be autho- made
rized to make an allowance, for a period not exceeding one year, for
the support of the indigent soldiers who have been disabled or may
hereafter be disabled in the military service of the state, and the
widows or minor children of soldiSrs who have died, or may here¬
after die in the service.
2. Such allowance shall be chargeable on the county, city or town, How chargeable
and provision shall be made for its payment in the manner prescribed
by law for the payment of sums lawfully chargeable on counties,
cities or towns.'
3." The county courts are authorized to make such allowance at When
any of their terftis, but shall not at a term order the appropriation of
. an amount exceeding in the aggregate five hundred dollars, unless Justices to be
all the acting justices of the county shall have been previously sum- .
moned for that purpose, or a majority thereof be present.
4. This act shall be in force from its passage. Commencement
Chap. 37.—An ACT to amend and re-enact an Ordinance of the Convention
entitled an Ordinance concerning the Office of Adjutant, passed June 28,
1861.
Passed March 29,1862.
Be. it enacted by the general assembly, that the ordinance of the Ordinance
convention entitled an ordinance concerning the. office of adjutant, amended
be amended and re-enacted so as to read as follows:
1. The commandant of a regiment or battalion of volunteers or who may be
militia in actual service may appoint any white male person over adjutant
eighteen years of age to act as adjutant, who shall be commissioned
as such by the governor, with the rank of a first lieutenant, and re- •
ceive the pay allowed adjutants in the confederate service.
2. This act shall be in force from its passage.
Commencement
60
MILITARY AFFAIRS.
Chap. 38.—An ACT to amend section 27 of chapter 24 of the. Code (new
edition), providing for a Clerk in the Adjutant General's Office.
Passed February 21, 1862.
Code amended 1. Be it enacted by the general assembly, that the twenty-seventh
section of chapter twenty-four of the Code (new edition) shall be
amended and re-enacted so as to read as follows :
27th section re- " § 27. The adjutant general shall receive for his services two thou-
•sand dollars, payable quarterly, as other salaries are paid, and to
commence and be computed from the first day of January eighteen
hundred aud sixty. He shall appoint one clerk in his office, who
shall receive a salary of twelve hundred dollars per annum, to com¬
mence on and be computed from the first day of January eighteen
hundred and sixty-two; to be paid at the same times and in the
same manner as other salaries are paid. He shall reside at or near,
and shall keep his office at the seat of government; but when the
public service shall render it expedient, the governor may direct him
to remove with his office to any other place within the state."
Commencement 2. This act shall be in force from its passage.
Chap. 39.—An ACT to authorize County and Corporation Courts to certify
Insolvent Muster Fines in certain cases.
Passed January 30, 1862.
Muster fin'es, 1. Be it enacted by the general assembly, that during the exist¬
ence of the present war between the Confederate States and the
federal government, it shall be lawful for the sheriff of any county
or corporation, in which from any cause the officers have been or
may hereafter be unable to hold. courts of inquiry, to return delin¬
quent lists of muster fines to the county or corporation court of such
county or corporation; and upon the court-being satisfied of the
insolvency of the persons fined, it shall certify a list thereof, in the
same manner in which regimental courts are required to certify such
lists ; and the same shall be allowed by the auditor of public accounts,
and passed to the credit of such sheriff.
Commencement 2. This act shall be in force from its passage.
Chap. 40.—An ACT exempting from taxation the Seal of Courts attached
to papers or.records for the recovery of the Wages or other Dues of de¬
ceased Soldiers, and to refund the Tax heretofore paid.'
Passed February 5, J862.
Tax.on seals, 1. Be it enacted by the general assembly, that hereafter no state
to be exacted tax slifill be imposed upon the seal of the court, where the said seal
MILITARY AFFAIRS.
61
is required in the authentication of any paper or record necessary to
• the recovery of the wages or other dues of deceased soldiers, due to
them as soldiers; nor shall such tax he imposed upon the grant of-
administration.on the estate of any such decedent.
2. Be it further .enacted, that the clerk of any county, corporation When refunded
or circuit court, to whom such tax has heretofore been paid, and not
by him paid into the treasury, be authorized to refund the Same.to
the legal representatives of said deceased soldier.
3. This act shall be in -force from its passage. Commencement
Chap. 41.—An ACT to organize a Military Contingent Fund.
Passed March 15,1862.
1. Be it enacted by the general assembly, that there shall be set Military contin-
apart, during the present war, a sum of money in the "treasury -to be gent fimd ■
called the " Military contingent fundout of which shall be pai'd.all
expenses attending the execution of the military laws, which are not
,Otherwise provided for, or for which no special appropriations, may
have bedn or may be made, or any other military expenses which the
government may deem necessary and proper. No payment shall be
made out of the fund, except upon the written order of the governor,
directed to the auditor of public accounts.
2. That the sum of fifty thousand dollars is hereby appropriated Amount appro-
and set-a'part for the present year to said fund. pnated
3. This act shall be in force from its passage. Commencement
Chap. 42.—An ACT to amend and re-enact an Ordinance to proyide for
the enrollment and employment of Free Negroes in the public service,
passed by the Convention July 1st, 1861.
Passed February 12, 1862.
Be it enacted by the general assembly, that the ordinance of the ordinance
convention, passed July first, eighteen hundred and sixty-one, en- amended
titled an ordinance to provide for the enrollment and employment of
free negroes in the public service, be amended and re-enacted so as.
to read as. follows:
1. The county and corporation courts which have not enrolled, Free negroes,
shall enroll, as soon as practicable, all able bodied male free negroes how enr<?Ued
between the ages of eighteen and fifty, residing within- their respecr
tive jurisdictions at the date of this act; which said enrollment shall
62
MILITARY AFFAIRS.
• be deposited in the clerks' offices of the counties and corporations
aforesaid, and a copy thereof transmitted by the clerk of each county
or corporation court to the adjutant" general of the state within five
days after the same shall have been received by them.
Requisition, how 2. That upon, the requisition of the commanding officer of any
post or department of the state or confederate forces for labor in
erecting batteries, entrenchments or other necessities of the military
service, addressed to the presiding justice of any county, or mayor
or senior alderman of any corporation as aforesaid, he shall proceed
forthwith to summon two other justices to assemble at the clerk's
office as aforesaid; and any three justices shall constituted board to.
carry out the purposes of this act.
Draft, how made 3. The said board, or a majority thereof, shall proceed to select
from said list or enrollment such number of laborers as in their judg¬
ment may be proper and expedient, having reference to the condi¬
tion and circumstances of the parties, and shall require the sheriff',
sergeant or any constable to notify the free negroes thus selected to
assemble at such time and place as may be agreed upon between
said board and the military authorities as aforesaid, except those free
negroes who may be in the employment of officers or soldiers in ac-
Penaity on tive service, and who are in the army: and any sueh sheriff? sergeant
officers or Nonstable failing to comply with any of the requisitions of this act,
shall be subject to a penalty of not less than fifty nor more than one
hundred dollars; to be recovered as in the case of other penalties.
Free negroes 4. That all free negroes thus detailed and appearing at the place
lfc^eryice11 PUb of rendezvous, shall be received into the public service (under such'
officers as may be detailed by the commandant as aforesaid to receive
them) as laborers, on condition that they be entitled to such compen¬
sation, rations, quarters and medical attendance as may be allowed
other- labor of similar character employed in the public service, and
that they shall not be detained at any one time for a longer period
than one hundred and eighty days, without their consent:. provided,
that the pay, rations and allowances provided for in this act shall be
payable by the authorities of the Confederate States only, unless the
services provided for in the act shall be rendered exclusively for the
State, under the authority of an officer of the state.
Penalty 5. That any free negro duly detailed and notified as aforesaid, who
shall fail or refuse to obey the requisition as aforesaid, shall be sub¬
ject to the penalties provided by law for persons drafted from the
militia, and failing or refusing to obey such draft.
Free negroes 6. Such free negroes shall, whilst engaged in the public service as
des of war*1 .aforesaid,, be subject to the rules and articles of war; which shall be
fully explained to them by the. officers aforesaid.
MILITARY AFFAIRS.
63
7. The county ahcl corporation courts are authorized to accept and Volunteer free
enroll as volunteers all such able bodied free negroes as may offer accepted °
themselves for such service as is herein before provided for ; and in
case of any requisition for labor from any county or corporation, no*
draft shall be made until the list of volunteers shall be exhausted.
And no requisition for slave labor from any such county or corpora¬
tion shall be made till the free negroes, enrolled according to the first
section of this act, shall be received into the public service as afore-
• Baid.
8. Be it further enacted, mat tne cierk of this house forthwith send Copy, where
• a copy of this act to each clerk of the county or corporation courts,
and to each commandant of the different divisions of the Confederate
States army in this commonwealth.
9. This act shall be in force from and after its passage. Commencement
Chap. 43.'—An ACT to authorize the use of the Jails and Pooriohses. of
the State by the Confederate States, for .the safe keeping of Free Negroes
arrested by military authority.
Passed March 15,1862.
L Be it enacted by the general assembly, that any free negro who Free negroes,
has been or. may be. hereafter arrested by authority of any military nutted to jau or
officer of the Confederate States, shall, upon the warrant of commit- P00rh0UB9
ment of such officer, or any other, military officer of the Confederate
States, be received into his jail by the jailor of any county or corpo¬
ration, and by him safely kept, according to the warrant of commit¬
ment, until discharged by due process of law; or such military officer
may, upon a like warrant of commitment, require the' overseers of
the poor of any county, city or town to receive and keep such free
negro until discharged as aforesaid.
2. The jailor or overseers of the poor shall, for the support of Duty of jailor
:any such prisoner, be paid by the Confederate States, and for a fail-, the poor^"8 °
ure of duty as to any such prisoner, shall be liable to the Confederate
States in like manner as a jailor, in the case of a prisoner committed
under the authority of the state, would be paid by or liable to the
state: provided, that nothing herein contained shall be construed to
impose a liability on the overseers of the poor for the escape of a
prisoner received under the provisions of this act.
3. This act shall be in force from its passage.
Commentemsa?
INTERNAL IMPROVEMENTS.
''Connection au-
-$horie£d
Proviso
'Government,
power of, as to
troops, &e
Assent of cities
not -required
Power of con-
"fiemnation
Notice to com¬
mon council
Surveys to be
made
Chap. 44,—An ACT^to provide for the more effectual and speedy transport
tation of Freight and- Travel through the Cities of Richmond and Peters¬
burg.
Passed February 1, 1862.
1. Bp it enacted by the general assembly, that the Richmond',
Fredericksburg and Potomac rail road company and the Richmond
and Petersburg rail road company, or either of them, is hereby au¬
thorized to extend their roads, or either of them, through the city of
Richmond, so as to connect with each other i and that the.Richmond
n.nd Petersburg rail road company and the Petersburg rail road com¬
pany, or either of .them, is hereby authorized to extend their roads,
or either of them, through the city of Petersburg, so as to connect
With each other, and to use such connections for all their purposes of
transportation in like manner as ^he rest of their road: provided,
however, that in making said connections, or either of them, they
shall not interfere with or use the line of the connections heretofore
made by authority of the commander in chief of the confederate
forces in this state, without his consent thereto: and provided fur¬
ther, that the government of the Confederate States and the state of
Virginia shall be authorized to use said connections, made by said
companies, in 'the transportation of troops, munitions of war, and all
military supplies, in the same manner and upon the terms prescribed
for the use of the rail roads of said companies, or either of tliem, as
now established, or as may be hereafter prescribed by law.
• 2. Beit further enacted, that in order to enable the said com¬
panies to make the extensions of their roads herein provided for, it
shall not be necessary to obtain the assent of either of the cities
herein mentioned, to carry out the objects and provisions of this act,
but they are hereby authorized immediately to enter upon and occupy
any real property, public or private, which may he needed to make
said extensions, any law heretofore passed to the contrary notwith¬
standing, and to have the Same condemned. The amount of any
damages for entering upon and occupying any real property, to be
ascertained as now provided for by law with regard to corporations
generally: provided, however, that no dwelling house shall be taken
for the purposes aforesaid, without the consent of the owner thereof.
. As soon as a route is located for either of the connections authorized
by this act, through either of the said cities, notice thereof shall be
given by the company making it, to the common council of such city,
who, if they object to such location, may apply, within ten days
thereafter, to the board of public works to change the same; and
said board," if requested by the common council, shall cause surveys
.to be made to ascertain the practicability of making said connection
by a route outside, the limits of said city; and if, upon such surveys
and other evidence, t}*e board shall be of opinion that n, suitable con¬
nection can be made without passing through the city, then said con¬
nection shall be made outside the limits thereof: but if the board
INTERNAL- IMPROVEMENTS.
65
shall be of opinion that said connection ought to' be made' through
the city, they shall cause the Same' to be located by such route as in
their judgment will answer the purpose and cause the least injury to
said city : provided, that before said connection shall be made-through present connec-
/the city of Petersburg, the company proposing to make it shall obtain.burg^ow ab'an-
the consent of the ^confederate government to abandon the connec- dooed
tion now existing .through said city as soon as the one hereby autho¬
rized is completed, and when- completed such existing connection
shall be no longer used: provided, further, that the connections Proviso
through the said cities of Richmond and. Petersburg shall be located
with a grade, sufficient for the transportation by steam'of freight and
passengers; and be opened for trade and travel simultaneously; and
a failure to use or operate one of said connections, -shall render it
illegal to use Or operate the other.
3. The ordinances of the convention, passed on the twenty-fourth,ordinances re-
and twenty-sixth days of June eighteen hundred and. sixty-one, so pealed
• far as the same revoke the right of either of said companies to con- •
nect the said roads, and so far as. the same are in' conflict with this
act, shall be and the same are hereby repealed.
4. This act shall be in force from .its-passage. Commencement
Chap. 45.-—An ACT releasing a Lien to the Richmond and Petersburg Rail
Road Company.
Passed March 27, 1862. '
Whereas, by an. act passed on the. thirtieth of March eighteen preamble
hundred and thirty-eight, entitled an act concerning the Richmond
and Petersburg rail'road, the board of public works, was authorized,
to loan; on behalf of the commonwealth, to said company, the sum of
. one. hundred and fifty thousand dollars, and' the company was rer.
quired to execute a mortgage upon its property and tolls to secure
the payment-of the principal and interest "of said loan: And whereas,
by an act passed on the twenty-fifth of March eighteen hundred and
forty-three, entitled an act converting into stock the state's loan to
.sundry rail road companies, and for other purposes, the said com¬
pany was authorized to increase its capital, to the amount, of the loan
aforesaid, and the board of public works was authorized to subscribe
on the part of the state for the said increased capital, and to take in
.exchange therefor, stock of the.company to an amount equal to.the
principal of the debt, thus liquidating the principal, and leaving only
• the interest and the dividend which was,then due to be paid, but the
mortgage was retained'to secure the payment of said interest and
. dividend: And whereas, by an act passed on the twenty-eighth of
5
*66
INTERNAL IMPROVEMENTS.
February eighteen hundred and forty-six, entitled an act for the re¬
lief of the Richmond , and Petersburg rail road company, the , said
company was "authorized to issue, bonds bearing interest, in .ii'eu of
dividends in money; which bonds were issuedAnd whereas, by an
act passed on the ninth of March eighteen hundred and fifty, en¬
titled an act in relation to the Richmond and Petersburg rail road,
the said company was exonerated from the payment of dividends to
the state until dividends-were declared alike to the state and tb other
stockholders, and the collection of the dividend bonds then due wag
.suspended'during the pleasure of the legislature, but'the mortgage
which has • been given by the company was retained t > secure the
payment of thewhoL* of the said debt and interest: And whereas
the'company,, as now. appears by the books of the sec >nd auditor,
has paid the full amount due for said dividend ho ids, principal and.
interest, and thus tie' original loan has been repaid, the interest
thereon ha? been-satisfied, and the dividend bonds have also been
paid, and there is no reason for the continuance of the lien upon the
property of the- company herein before mentioned," and it is.there¬
fore proper that the" same be released: Therefore,
Lien released 1. Be it enacted by the general assembly, ' hat the fourth section
of the act entitled ah act in relation to t Richmond "and Peters¬
burg rail road, passed March ninth, eighteen hundred and fifty, re¬
quiring said lien to be retained, shall be and the same is hereby re¬
pealed; and the lien of the. commonwealth upon said rail-road, for
the.debt and interest therein mentioned, shall be ; nd is hereby re¬
leased, and the said company exonerated from all claim of the com¬
monwealth therefor.
Commencement 2'. This act shall be in force from its passage.
Chap. 46.—An ACT to authorize an alteration in the Line of the South Side
Rail Road.
'Passed January 26,-1862.
Line of-road,- 1., Be it enacted by the general assembly, that it shall be lawful
ow changed £or ^ gou^ side.rail road company to change the line of their.road,
from some point of divergence at or near Rice's depot in the county
of Prince Edward; to some point at or near the .town-of Farmville in
said county: provided, that said alteration shall first be authorized
by a vote of the stockholders of the" said company, in general meet¬
ing-
Cpmmenoement 2. This act shall be in foree from its passage.
INTERNAL IMPROVEMENTS.
67
Chap. 47.—An ACT to provide for the Construction of a Rail Road Con¬
nection between the Orange and Alexandria and Manassas Gap Rail Roads
and the Richmond, Fredericksburg and Potomac Rail Road.
Passed February 19,1862,
Whereas it is of great importance to the military defence and to preamble
the internal commerce of the state, that a rail road connection.be
constructed between the junction of the Orange and Alexandria, and
the Manassas gap rail roads and the existing rail road from Rich¬
mond to Acquia creek:
1. Be it . enacted by the general assembly, that the Richmond, RPad, how ex-
Fredericksburg and Potomac rail road company be and they aretended
• hereby authorized^ under the provisions of their charter, to extend
their rail road from some point on the same, between Fredericksburg
.and Acquia creek, so as to form a'junction of their rail road with the
Orange and Alexandria and Manassas gap rail roads, at the junction
■ of. the said two last named rail roads, and passing. through or with a
branch of the said connection," extending to Evansport, or the mouth
"of Qiiantico creek.
2. For ..the purpose of effecting the object of this act, the Rich-capital stock-,
mbnd, Fredericksburg and Potomac rail road company are hereby how incr^sed
authorized to increase their capital stock in such manner as they
may deem most advisable, to the extent of seventy-five hundred
shares in addition to-its capital hitherto authorized; or the said com- Company-may
pany, to such an extent as -they may deem advisable to do so, may orrow money
borrow money at a rate of interest not exceeding eight per centum
per annum, and issue proper certificates or evidences of debt there¬
for, and make the same "convertible into stock, at the pleasure of the
' holder; and may secure'the punctual payment of the principal and
interest of such loans by a deed of trust on all or any portion of the.
property, and franchises of the. said company: provided, that the Amount
.aggregate-amount of stock and convertible loan'issued under the
authority of this act shall not exceed the. sum of seven hundred and
fifty thousand dollars': and provided further, that no certificate of
loan convertible into stock, .or creating any lien on or mortgage of
the- property of the company, shall be issued by the said company,*'
unless the expediency of making'a loan on such terms and of issuing Meeting of
such certificates shall have first been determined on at a general meet-stockhoIders
ing of the stockholders, by two-thirds of the votes which could be
legally given- in favor of the same, and' that no certificates of debt Stock sold, at
issued under this act shall be sold at less than eighty per cent, of the w a pnce
..J)ar value thereof: and provided further, that the said company shall Pr<mso ■
. not' build any bridge across Acquia creek, or any other creek below
the head of tide -water, without sufficient drawbridges or openings
thereon to admit of .the complete navigation of such creek.
3. The common councils of the city of Richmond and the town of Power of eoun-
Fredericksburg are hereby authorized to subscribe for an amount notcils of Richmoad
INTERNAL IMPROVEMENTS.
and Fredericks¬
burg to sub¬
scribe
. Terms of sub¬
scription
exceeding one thousand shares each of the said increased stock, or
to take an amount equivalent, at its par value, of such convertible
loan: provided, however, that no such subscription shall be made by
either of the said common councils, until the expediency thereof shall
have been submitted to the yote of those persons qualified to vote at
the election of . members of said common councils, and shall :reeeive
the assent of three-fifths of the voters'actually polled, after ten days'
public notice of the time and. place of opening polls for the purpose-.
When road to be
commenced
Exemptions
from taxation,
when to cease
•4. If the said Richmond, Fredericksburg and .Potomac rail road
company shall not, within four months from the passage.of this bet,
bona fide commence the construction of said.extension of their road,
or shall- fail so far to complete the same, within fifteen months from
such commencement, as to admit through transportation thereon, or
shall neglect, at any time after such commencement, for two months'
to prosecute the construction of said extension to completion, unless
prevented by the exigences of the war, then the provisions of said
charter, so far as they exempt the property of said company from
taxation, shall be held and deemed inapplicable to the stock and
property created and acquired under the provisions of this act.
Subject to exist¬
ing laws
5. In all respects, except as to said exemption from taxation, the
rights and franchises hereby granted shall be subject to the provisions
of chapters fifty-six, fifty-seven and sixty-one of the Code of Vir¬
ginia, and to such further modifications as the general assembly may
hereafter determine.
Eight of Ma- 6. If the Richmond, Fredericksburg and Potomac rail road com-
•OrairgegandaAb pany shall not, within three mdnths from the passage of this act,
company1* R accept the provisions thereof (notice of which acceptance- shall he
forthwith communicated to the governor of this commonwealth), and
commence the work within four months from the passage of this act,
or shall neglect the prosecution of said work for two months, as
herein before provided, then, in any of these, events,', either the
Manassas gap rail road company or the Orange and Alexandria rail '
£oad company shall be at liberty to* accept the same within" one
month thereafter (notice whereof shall be given in like manner):
and upon such acceptance by either of said companies, the company
first so accepting shall thereupon havO authority to' construct said-
rail road connection, hi like manner, and with the same privileges,
and under the same restrictions as are herein prescribed in. reference
to the said Richmond; Fredericksburg and Potomac rail road Corn-
Time to com- pany, except that such company so accepting said provisions, shall
mence wor ]iave one m0nth from the date, of such acceptance to commence the
construction of said work. ■
How, in case of
partial construe
tion
7. And if the said Manassas gap rail road company or the Orange
and Alexandria rail road company shall, as herein before provided,
INTERNAL. IMPROVEMENTS.
69
accept the provisions of this act, and enter upon the'construction of
said extension, all the work done in the partial construction of sfgd
extension by the Richmond, Fredericksburg and Potomac rail road
company, shall be deemed to have been' done by the said Orange
and Alexandria rail road company or the.Manassas gap rail road
company so accepting and entering upon, said construction, and shall
be held by it as its own property, upon payment therefor, to the said Cost, how paid
Richmond, Fredericksburg and Potomac rail road, company, pf such Fredericksburg •
amount of money as the board of public works shall determine to. be Rn<co°t0maC R
the value thereof.
•8. .This act shall be in force from its passage. Commencement
Chap: 48.—An ACT to provide for the construction of a Rail Road for mili¬
tary purposes, connecting the Manassas Gap -Rail Road, at or near Stras-
. burg in the county of Shenandoah, with the Winchester and Potomac Rail
Road, at or near Winchester in the. county of Frederick.
Passed February 21, 1862:
• 1. Be it enacted by the general assembly, that the board of pub- Board of public
lie works be and they'are hereby authorized knd directed," with as rized to,con-
.little delay as practicable, to. construct a rail road, to connect the struct 10ad
Manassas gap rail road, at or near the town of' .Strashurg in the
county of Shenandoah, with the Winchester and Potomac rail road,
at or.near the town of Winchester in the county of Frederick: said
road to he .constructed in the most economical manner possible, so as
to meet the military exigences of the present war.
•. 2. To effect this object, the hoard of public works are hereby in- Powers of board
Vested with all the powers and privileges,, arid subjected to* all the
duties and restrictions conferred and imposed by the Code of Vir¬
ginia on companies incorporated for the construction of rail roads,
except that they may take possession of and use any laud or mate-.
• rials necessary for the construction of-such road, previously to the
institution and during the pendency of proceedings to condemn the
same : and they are further authorized and empowered, if necessary what maybe'
for the construction of said road, to take' possession of and use any
rail road iron, cross ties and other materials belonging to or in the
possession of either the Winchester and Potomac rail road company
or-the Manassas gap rail road company, .which may have, at any
time since the commencement of the present war, been removed by .
any parties from the Baltimoi-e and Ohio rail road: provided, that
no rail road iron or other materials shall be taken from the Manassas
gap rail road company, which are intended for use in'the completion
of its road to Harrisonburg,' and none shall be taken from either of Military effi-
Baid companies, the taking of which would in the opinion of thecienoy
70
INTERNAL- IMPROVEMENTS.
board of public works materially impair tbe military'efficiency of
How condemned either of said roads. It shall be the duty of the board of public
Works, within thirty days after they shall have taken possession, of
' any land, rail road iron or' other materials for the construction' of
such roa.d; to institute proceedings in accordance with the provisions
of the fifty-sixth chapter of the.Code of Virginia, to have the same
condemned for the use of the said road; and should they fail to do
so, it shall be lawful for the proprietor or proprietors of such- land,
and the owner or owners of such rail road iron or other materials, to
Amount, how institute such proceedings: and provided further, that the proper
paid compensation that may be allowed for lands and materials taken, in7
eluding said rail road iron, cross ties, &c., shall be chargeable on
the commonwealth, and paid for, upon the requisition of the board
of public works,, out of the fund herein after provided.
Amount appro- 3. For the construction of said road, and without reference to any
priated compensation for lands or materials taken, the sum of one hundred
and twenty-five thousand dollars is hereby appropriated, out of such
funds as may be provided for-the defence of the state, or out of the
fund herein after provided.'
Treasury notes, 4. To' provide -funds for the purposes aforesaid, the governor is
hereby authorized to direct the auditor of public accounts to issue
treasury notes to an amount not exceeding- in the aggregate th6 di¬
rect appropriation herein before provided, with the additional sums
which may be required to pay the compensation for land and.mate-
interest rials,- as also provided for in this act. The notes hereby authorized
to be issued.shall bear interest at the rate of six per centum per an¬
num, and be payable one'year after the'date thereof, in sums not' less
How receivable than twenty dollars. The said -notes shall be receivable in payment
of all taxes and other dues to the commonwealth, and may be re¬
issued until otherwise provided by law. They may also, when pre¬
sented at the treasury in sums of five hundred dollars, or any multi¬
ple of one hundred above that sum, be converted into registered
bonds of the state, bearing interest at the rate of. six per centum per
Ordinance to annum. All the provisions of an ordinance of the late convention
apply . of Virginia, entitled apt ordinance to authorize the issue of treasury
notes, passed April -thirtieth, eighteen hundred and sixty-one, shall
be held to apply to the notes authorized to be issued under this act,
except so'far as the same may be inconsistent therewith-.
Road.hownans- 5. When said road shall have been constructed and ready for use,
naaaaa gap R. R. the board of public works shall transfer the same to the Manassas
gap rail road, company, to be operated and held as the property of
said last mentioned company, under, the provisions of the -general
rail roa'd law, and upon the same footing with their other road:
provided, however, that said company shall have furnislied towards
the construction of said road hot less than the sum of fifty thousand
Stock of com- dollars, or its equivalent value. Upon? such transfer being made, the
INTERNAL IMPROVEMENTS.
71
capital stock held by the'commonwealth-in-said company shall be monweaitH, how
increased by the. whole aggregate amount expended on the part oftranBferre<1
the state in-the construction of said road; to be held by the .state
upon the same footing as preferred stock, and subject to. all the pro¬
visions in that respect contained.in the.act passed on the tenth day
of February eighteen hundred and isikty, entitled, an .act increasing
the capital sto.ck of the .Manassas gap rail road company,'and autho¬
rizing a further subscription thereto by the board of public works;
and the capital stoek of said company is accordingly hereby enlarged
to that extent: and provided further, that the'manner and terms Road to be under,
upon which said road shall, be'operated in Respect to the receipt from, of public yrorks1
and transfer to the'Winchester and Potomac rail road, of .either
freight, passengers or the mails, shall be under'the control-of the
board of public works, or such other authority as may be prescribed
' by law."
E. 'And in the event that the Manassas gap rail road company when board au-
shouid .not comply with the condition to-furnish towards the con- otbe^arrange^
struction of the said , road the sum of fifty thousand dollars, or itsmeilts- •
equivalent value, then it. shall be the duty of the hoard, of .-public
works to make such arrangements as may be practicable, .either with
the Manassas gap rail road .company or the Winchester and Potomac
rail road company, for operating the .said road,.giving preference in
all cases to the military -demands upon it..
7', This act shall be m force from and after its passstge. ;_' Commencement'-
Chap. 49.;—An ACT to sanction an Ordinance of the State of North Caror
lina, entitled an Ordinance to incorporate the -Piedmont Rail Road- Coija-
! p'any. • ' ' . - " ' .
Passed March 27, 1862..
1. Be it enaeted by the .general' assembly, that an ordinance of Ordinance xati-
the state of North Carolina, entitled an ordinance to incorporate thefied ' '•
"Piedmont rail road company., which 'said ordinance was passed and
ratified in open convention, in the state of North Carolina, the eighth
, day of February one thousand eight hundred and .sixty-two, a duly
authenticated copy of which ordinance was transmitted-to the gover¬
nor of Virginia by W. N- Edwards, president of said convention, by
his letter to said governor, dated Raleigh, North Carolina, tenth- Feb-
' ruary eighteen hundred and sixty-two, and by-the said governor was
submitted to th.e senate and house of delegates of Virginja, by his
message of the 'thirteenth day of February eighteen hundred and
sixty-two, be and the same is hereby sanctioned, and a right to con¬
struct the said road within the; limits of this state, according to the
provisions.of the aforesaid charter,..is hereby conferred on .the com-,
pany to he incorporated under the said-charter: -provided, that if the Psoviso
corporators to be organized under said ordinance accept the provisions
;72'
INTERNAL-' IMPROVEMENTS.
of this act, it shall.be upon'the condition that the said Piedmont rail
road company shall not have power to discriminate, on either freight'
Or travel, against the Richmond and Danville rail road, or any other
Further condi- rail road in Virginia connected therewith; and upon the further con-.
dition, that the connection of said Piedmont rail road with the Rich¬
mond and Danville rail road, hereby authorized, shall be made at
some point south of. Dan" river,- at or near the town of Danville, un- ■
less, in' the opinion of the - president of the Confederate states, the
military interests of the country require, such connection to be made"
else'whfere; in which event, such connection may be made -at such
.point as the president of the Confederate States shall approve. .
Commencement _ 2. This- act shall be in force from its passage.
Chap. . 50.—An ACT to improve the Navigation .of New River.
Passed December lg, 1861. /
Board of public' " 1.' JBe it .enacted by the general assembly, that the board of public
works autho- , • - • - ..
rized to remove works, be and the same are hereby authorized and directed to adopt
obstructions measures' as may. be necessary to remove the obstructions to the
navigation of New river by batteaux, and to improve the navigation
of said stream by sluice, in such manner as will accommodate the'
transportation of military stores in bktteaux, from some point at or
near the Central'dep'ot, on. the Virginia and Tennessee rail road, to
the mouth of Greenbrier river, and in as perfect a manner as the
"When wcrkto appropriation, herein after provided will admit of: and that they
be completed ' , ' , . , , • . 4
cause the said work to be completed, at the earliest possible period.
Amount- appro- 2. And be it. further fenacted, that the sum of thirty thousand-
dollars be and the same is hereby appropriated, out of any moneys
in the public treasury not otherwise appropriated, to he used by the
Engineer to be board of public works towards the completion of said work'; and
employed .' *
• ■ that'for this-purpose, th-ey are authorized- and required as soon as
• possible. t'o> employ a competent engineer to contract for, direct and
superintend the construction of said work.
Proviso 3. Provided this apt shall not be in force or take effect until the
president and directors of the New river navigation company shall
have transferred, and authority is hereby, given them to transfer'to
the hoard of public works all the franchises, rights, title and interest
of' said New river navigation company in said improvement: and
provided, that the board of public work's shall pay or cause to be
paid to the stockholders of the said "New river navigation company,
put of the appropriation here made, a_ sum of money equal to that
which has been already subscribed and actually paid.'in for the pur¬
pose of organizing said New river, navigation company.
Commencement 4, This apt shall be -in force from its passage.
INTERNAL IMPROVEMENTS.
73
Chap. 51.—An-ACT to amend .arid re-enact trie ,4th section of chapter 10 of
an act to incorporate trie Virginia Canal Company, and to transfer trie'
rights and franchises of the James River,and Kanawha Company thereto..
Passed December 17, 1861.
1.' Be it enacted by.the general assembly, that the fourth section Act March 23,
of chapter ten of the act passed March twenty-ninth,.eighteen'hun- 1861, amended
dred and sixty-one, entitled an act to incorporate the Virginia canal
company/and to transfer the rights and franchises of the James river
and'Kanawha company thereto, be amended and re-enacted so as to
yead as follows:
" §;4.. If the- said Virginia canal company be not organized by fhe How "amended
appointment of a president' and directors, as required by this charter,
on or before the twenty-ninth day of January eighteen hundred and
sixty-three, this act shall be'null and void: provided,-that if no sub¬
sequent session of the-.general assembly be held before the said-
twenty-ninth day of January eighteen hundred and- sixty-three, then
• the time-within which the organization of said company,may be ef-
' fected shall be'-and the same is hereby extended to the twenty-ninth
day of January eighteefi hundred and sixty-four ; and if said com¬
pany shall not .bona fide commen'ce its works within'six. months after
its organization, or .if, after commencing its works, it shall'suspend
its operations for one year; or if it "shall fail .to comply with the pro7
visions of the fifth chapter ller'eof, go far as the same refers to the
fourteenth article of said provisional agreement, the general assem¬
bly may abrogate this charter,- and declare that the corporate rights
and'privileges of the company shall cease; or it may allow said com,-
"pany such further Vime •to.'Oomplete. the said works and to Comply
with its engagements, as to the legislature may sepni just and proper.'-'
. ' 2. ' This act shall be in force; from its passage. Commencement
C-haP. 5%.—An ACT to amend -the 9th section of an act' entitled an act to
amend the Charter of the James River-and, Kanawha Company, passed
■March 23d, 18(30, and providing a Loan of Bonds to the James River and-
Kanawha Company to keep open the Navigation of the James' River Ca¬
nal,-arid' to improve the Sluices upon a part of the River. ' .
Passed March 18, 1'8j62.'
"'I. Be it enacted by the general assembly, of-Virginia, that-the Act-amended
ninth section of the act entitled an act; to amend the charter of the'
James river, and Kanawha company, passed the twenty-third day of..
March eighteeh hundred and sixty, be. amended and re-enacted so as
to read as follows :
" § 9. Be it further enacted, that there shall be'issued- to, • and How amended
placed under the exclusive control'of the Kanawha board of diree-
.74
INTERNAL .IMPROVEMENTS.
toys of said company; or their successors, as constituted under the
act of the general assembly entitled an act providing more effectual
means for the improvement .of the navigation' of the .Kanawha river,,
passed fifteenth of February eighteen hundred and fifty-eight, three
hundred thousand,dolIars of the six percent. registered stock of the
commonwealth, to be' issued in the.mode now provided by law.; and*
the said stock so issued shall be used by said Kanawha board of di¬
rector's for the improvement of the navigation of said river, from the.
mouth thereof to Loup .creek shoals: proyided, however, said Ka¬
nawha board shall not dispose of said' registered •stock at less than
par. And said registered stock shall, not be issued for an amount,
exceeding one . hundred and fifty thousand dollars in any one year;
nor exceeding .twenty thousand dollars in any one month. But be¬
fore any of -said stock shall be issued, the said James river' and Kar
hawha. company, by the. president thereof, shall execute a-deed of
trust or mortgage upon the works,, property and'- net revenue of said,
Kanawha line of improvement, from the mouth thereof to said Loup
creek shoals, to the. commonwealth, for the payment of the principal
and interest of said three hundred thousand dollars: or upon the
failure or refusal of said company to execute such deed of trust or
mortgage-, when required, by the Kanawha board, then-the said Ka¬
nawha board, by their president pro tempore, or other agent, may'
execute .such deed of. trust or mortgage; and the .same shall he
deemed to have the same effect as though- it had been executed by
said company: and such lien shall take, precedence over any lien'
.created by said company, to. secure their bonds authorized to be is-
Power? of Ka- ' sued by'this Act. The said Kanawha hoard- shall pay into, the trea- .
nawhaboard 0f the commonwealth three and one-half per.centum on or be¬
fore the. fifteenth day of June and December (Jf each year, on such
amount of said registered stock as niay'be'issued under this section,
for interest and to provide a sinking fund. The said Kanawha board
are hereby authorized.and directed to prosecute the construction of
said Kanawha line of improvement, free from the control or direc¬
tion of the president' and directors of said James river and Kanawha
company, and which-is known as ithe 'Eastern board,' and shall have
the entire control and management of the same, free. From such con¬
trol and direction: provided, however, that the second auditor be
•and he is hereby directed not to issue any further sums or' install¬
ments of the. registered' stock of the commonwealth, authorized by
this section as originally enacted, during the present war, and not
until, in the opinion of the hoard of public works, the work autho¬
rized, to he done by this section can be resumed and prosecuted un--
der the direction of the Kapawha hoard: and.proyided further, that
the said auditor is further directed not to enter in his office or other¬
wise recognize any transfers or 'assignments of the stock heretofore
issued to the Kanawha board, and not .heretofore entered^iu his of¬
fice, under this section, and to withhold payment of any interest on
the seventy-six thousand dollars issued to said board and not yet en-
•INTERNA! IMPROVEMENTS. 75
tered as transferred in "his office, during the present war and until, in
the opinion, of the board of .public, works, the work authorized to be-
done by this Section can be resumed and prosecuted'under .the direc¬
tion of the .Kanawha board."
2. There Bhall be issued to the president and' directors of ."the Registered .
James river ■ and Kanawha company,'* under the direction of the issued
board of public works, registered stock of the-commonwealth, not
exceeding, two hundred .thousand dollars in amount, to enable said
company, and the same is hereby appropriated; to' keep -open the
navigation of the James river, and Kanawha canal,' and to improve
the sluice navigation of the James arid Jackson rivers frqm Buch¬
anan in-the county, of Botetourt, to .Covington in the county of Alle--
ghany, and for no other purpose whatsoever '; and the same may be.
•issued at such times and -in' such amounts as the board of public
works may'deem expedient: provided, that such stock shall not be
disposed of at less than.par;, but the said president and directors Stocki.how de-
may, if they deem it advisable, deposit said stock, or a part 'thereof, p0Slte<3*
with any of the banks of'this commonwealth, as collateral Security
for any .loan by' such bank to said president'and directors for the
purposes aforesaid.
a. Trie said registered stock shall not be.applied to the purposes Bond, how exe-
. afpresaid until the James river and. Kanawha company shall execute
their bond, in the penalty of fcKir hundred, thousand dollars, with
condition to return,- in" like., registered , stock'of this commonwealth,
such ariiount- of the said stock as may hav6 been'applied, under this
act, to keeping, open the navigation of 'th'e canal .and the improve¬
ment of the sluice navigation-of the rivers, :as .herein before pro-
• tided for, with interest thereon, wlfbin six years after the.date of
such bond ; the interest to be paid semi-annually, on the first day of
' July'and January in each year.
4; This act shall be in force from its passage;. • Commencement
Chap. 53.—An ACT to Compel Turnpike and Plank Road Companies' to
keep their Roads in order.
. Passed January 11,1862.
1. Be it enacted by tbe general, assembly, that in addition to the'n&ad timber,-
requirements of the-several acts incorporating joint stock companies moved
for the construction of turnpike and plank.roads, Cvery such com--
pany, heretofore or which may. be hereafter incorporated, shall- be-
required to cut'down and remove" all dead and dangerous-timber
liable" to fall -in the road; and for such failure shall be fined, at the
discretion of a jury, not less than five nor more than qne hundred
76
internal improvements.
dollars. And all such companies shall be liable toi indictment by the
grand jury bf the counties, in which their road is located, for failing
to Jteep their roads in.lawful condition; .and fined, at the discretion
of. a jury, not less than five' nor' more than one hundred dollars. .
Fines 2. All fines. recovered under the first section of this, act shall be.
paid into the treasury; and placed to the credit of the literary fund.
Conunencement 3. This, act shall be in force from and after the first day of April
one thousand eight hundred and sixty-two. .
Chap. 54.—An ACT to repair the Road leading from the "Warm'Springs, by
• ' . • Huntersville, to Greenbrier River, at Marlin'S Bottom. .
Passed February 25, 1862. . '
Road to be rA- I. Be it enacted by the general assembly, that the board, of public
paired works are hereby authorized and directed to have the road leading
from tlje Warm springs in' Bath county, by the way of Huntersville,
j to Greenbrier river, at Marlin'l Bottom in Poc'ahontas county, re¬
paired at the earliest possible period, for the transportation of mili¬
tary stores" in wagons',
Amount appro- * £. And be it further enacted, that- the sum of six thousand dollars,
pnated he and the same is hereby appropriated'for that purpose, out of any
money in the public treasury not otherwise appropriated.
' V • *
Commencement 3.- ,This'act shall.be in force from its passage..
' Chap. 55.—An ACT appropriating Money for the construction of a Road
from Marlin's Bottom in Pocahontas County, to the Salt Works fn Brax¬
ton County.
Passed March 29, 1862.
Road to be con- 1. Be it enacted by the general assembly, that the board of public
works Cause' to be-constructed a road, from Marlin's Bottom in the
county of Pocahontas, by Webster courthouse, to intersect the Wes¬
ton and Gauley bridge turnpike, at the Bulltown. salt works in
Braxton county, on or near- the location made, by Peter Scales, an
engineer fin the employment of this state : .said road not to be-less
than twelve feet~wide, and to be .used for the transportation pf mili¬
tary supplies for' the army of the Confederate States during the pre-.
sent war wifh the United States, or hereafter.
Amount, appro- 2. And be it further enacted, that the sum. of fifteen thousand dol-
pnated Jars fie and the same is hereby appropriated for that purpose', out of
the fund for internal improvement.
INTERNAL IMPROVEMENTS,—CHANGES IN CODE.
77
•3. Provided, however, .that if before the completion of said road, Proviso
the district of. country in which it may lie shall fall into the hands'of.'
• the- enemy, the money hereby appropriated, or. so much thereof .as
may not have been, fexpended, shall be withheld until the possession
of such district of country is 'recovered.
4. This act shall be in force from its passage. Commencement.
Chap. 56.—An ACT to repair.the Road from Saltville tol Tazewell
Courthouse.
Passed March 28; 1862.
1. Be it. enacted by-the general assembly, that the board'of pub- Poad to be re¬
lic works bo and they arc hereby authorized- and directed to have the paired •
roa-d leading from Saltville to Tazewell courthouse repaired at the
earliest possible period, for the transportation of military stores in •
wagons.
2.- And be it further enacted, that the sum of five thousand dollars Amount appro-
he and the same is "hereby, appropriated for 'that, purpose, out of the priated
fund for internal improvement.
. 3. This act shall be in force from its pa'ssage. • " Commencement
• Chap. 57.—An ACT to.amend sedtionll of Chapter 29, 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 19,"1862_.
].. Be it enacte.d by the general assembly, that .section eleven of Code amended
cjia.pter twenty-nine of'the ..Code of eighteen hundred and sixty he
amended and re-enacted so' as to.read as fallows:
* " § il'.- No proceeding shall he had in any suit at law or equity,, of Legal proceed-
any distress warrant for rent,- payable in money, or on any execution,pe^ns^miu-
agaiust the person or property of any one ordered into actuarserviCe,tary servioe
whether of this state or of the Confederate States of America," or
against, his. surety, from the time such person shall he ordered to,the
place of rendezvous, until thirty, days-after-his. term."of service shall
have'expired. This exemption shall not apply,to any person who Exception.
'shall have received the money of another in a,fiduciary character;
nor as "an officer of the .commonwealth, or of any court, nor to any
■of his sureties, nor to any person who shall have employed a' substi¬
tute to perform his* tour of duty.; .nor shall it prevent the,granting or
reinstating of any injunction,"
2. This act shall he in force from its passage. - Commencement
78
CHANGES IN CODE."
Chap. 58.—An- ACT to amend and re-enact the 13th section of chapter 42
of the Code of Virginia, so as more, effectually to regulate the Sales of
Real Estate under executions in favor of the Commonwealth.
Passed January 28,.1862?
Code amended 1.. Be it enacted by the general assembly* that the thirteenth'sec-.
tion of chapter forty-two of the- Code , of Virginia shall "be.amended
and re-enaoted so as to read as follows:
. •" § 13. The sale shall be upon six months' credit; and if the land
be'.not purchased for the commonwealth, the officer shall take bond
of the purchaser, with sureties, for pajment of the purchase money
Sale, how mg.de to;the commonwealth. Every, such bond sh'all mention on what
occasion the same.was taken,-and shall he made payable' at six
months from the day of sale. The bond shall he- returned to the.
office of the court from which the. execution issued, and the clerk
Shall endorse thereon the date of its return. For making such sale
and taking such bond," the officer shall be allowed the same fees and
commissions to which*a sheriff is entitled for taking a forthcoming
bond for the delivery of personal property; which fees and .commis¬
sions shall he, deducted from the amount of such sale, and the net
balance he credited to the original judgment debtor; and any officer'
taking insufficient security in such bond, shall be officially liable to
the commonwealth. For sales heretofore made, the sheriff or other
officer who'made the same, shall be allowed the commissions' ia this
section provided, and the net balance shall he .credited, at the time
the bonds mature, to the judgment debtor."
Fees and com¬
missions
"When officer
liable
Commencement' 2. This act shalTbe in force from its passage.
Chap. 59.—An ACT amending the 8th. 'section of chapter 186 of the-
' Code, -concerning judgment liens.
Passed March 31, 1862.
Code femended' K Be it enacted by the general assembly, that the eighth section
of chapter 186 of the Code be amended and re-enacted, so that with
'the amendment the said section shall read as follows-:
" § 8. No judgment, other than a judgment in favor of the com-
mpnwealth, rendered in. the circuit court of the city of Richmond,
shall'.be a lien on real estate as against a purchaser -thereof for valu¬
able consideration without notice, unless it he docketed, according
to the third and fourth sections of this chapter, in the county or cor¬
poration. wherein such real estate is, either within a- year next after
the date of such judgment, or ninety days, before the conveyance of
Henof-judg..-' .
ment •
CHANGES IN CODE.
79
said estate td such purchaser. But a .judgment in favor of .the com- How as to judg-'
monwealth, rendered in,-said court,-shall be a lien.as(in the sixth commonwealth
section of this chapter, without the exception therein referred to."
. 2.., This act shall 'be in force frbm its-passage.-' Commencement
Chap*. 60.—An ACT to amend the 14th section of chapter 15 of. the Code,
so aS to authorize the eproliment of the Acts and Joint Resolutions of. the-
General Assembly on parchment or paper.
Passed-February 0, 18.62.
. 1. .Be it-enacted by the general assembly,- that the fourteenth sec-Code amended
•tion of chapter fifteen of the Code of Virginia bo amended and*, re-'
enacted so as to.read'as fellow's:.'
"§ 14. .The clerk .of the house of delegates'shall be keeper of the Keeper of rolls
'rolls. AS such," he-shall cause all the acts and joint resolutions of Roils, how made
the -assembly to be enrolled on .parchment or paper. -.. He shall have
the custody of the acts-and joint resolutions of the general assembly,
and "the' records and papers of the house of. delegates,"' and when c.opies, bow
required, shall make, a copy'of any of them; which -copy, being cer¬
tified .by-him, shall be evidence for- any purpose for which the or-igi-
nals would.be -received,-and with as much effect'. 'He shall, as soon Publication of
as'practicable* after 'the adjournment, of the assembly, prepare the resolutions1"1.*"
acts and joint'-resolutions of .the previous Session-for publication, with
'an index;and table's a's.prescribed by the sixteenth chapter, and'fur-
nish to the public printer the* manuscript of such, acts, resolutions,
tables and index,.arranged properly for being printedand'he'shall
superintend the publication thereof."
2. This act- shall'be in force from its passage. - • Commencement
Chap. 61.—An ACT to'amend section 14 of chapter 163 of the .Code', in.
• relation to the Removal of the. Records and Papers of Courts, ' '
. Passed February 13,1862.
, 1. Be it enacted by the general, assembly," that,the fourteenth sec- Code amended
tion of chapter one hundred-and sixty ?three of the Code of Virginia
be amended and re-enacted so as to-read as follows:
1 " § 14. None of the records or papers of a Court shall be xeino-ved When records
•by the" clerk, nor allowed by the'.court to be removed, out of the"037-be removed
' county or corporation whereijq the clerk's office is kept, except on an
occasion-of invasion- or-insurrection, actual or threatened, where, in
the opinion of the cotfrf, or in a very sudden case, of -the clerk, the
80
CHANGES IN COJDE.
same will be endangered'; after wbicb, they-are to be.'retnrned as soon
as the danger ceases;, and except in such other cases as are specially
Penalty proyided "by law... Any. clerk violating this section- shall forfeit six
•hundred dollars.".
Commencement a. This act shall be in force from its passage.-
Chap. 62.—rAn ACT to amend the 5th section of chapter-13 of the Code', in
relation to administering the .Oaths to be taken by the Members of the two
Houses of-the General Assembly." • "
Passed -February 18,1862.
Code amended* • 1. Be it enacted, by'the general assembly, that the fifth section of
chapter .thirteen, of'the' Code be amended and re-enacted -so as to
read as follows:
Oaths, how ." § 5. The oaths-to be taken by a person elected, a member'of
• hither house'of the general assembly, shall be administered .by the
clerks or presiding .officers of the respective houses, a justice of the
peace or a notary public. -Those to be taken by any person elected
an officer of-eitjier house of the general assembly,-'shall "be adminis¬
tered in such mariner as the house may prescribe by its rules. And
'the oaths'to be taken by a person elected or appointed to any. other
office. or post shall, expept -in cases in which it may be otherwise
directed by law, be administered in a court of record, or by some
judge or justice of. such a court. A justice of another'state may
administer'the oaths to be taken, by a Commissioner or other person
residing therein."
Commencement 2." .This act. shall be in force from its passage.
Chap.. 63.-—An ACT to amend'3d section of chapter 175 of the Code, so as ■
to provide for the temporary appointment'of Commissioners in Chancery.'
Passed-February 26,1862.
Code amended 1. Be it enacted by the. general assembly, that the second section
of chapter one. hundred arid- severity-five of the Qode be amended
and re-enacted so as to read as follows:
Commissioners " § 2. Bach court may, from tiine to time, appoint commissioners
howmppointed *n chancery or'for stating accounts, who.shall be-removable at its
pleasure; there shall not be more than three such commissioners in,
office at the same time for the same court': provided,- however, that
if riny orie of -such "commissioners shall at any time be so engaged.in
CHANGES IN CODEb
31
Vue public service, as in the opinion of the court to prevent him
from attending to his- duties as commissioner, the ctiurt may appoint
a special commissioner, who may continue in office Until-it be entered Special commis-
of record by the court that if.is no longer necessary for him'to do so." si0nets
Q. This act. shall be in force from' its passage* Commencement
Chap. 64.—An ACT amending and re-enacting the eighth section. of the
twenty-ninth chapter of the Code of Virginia (edition 1860)
Passed March 2V, 1862.
1. Be'it enacted by the general assembly, that the eighth section Code amended •
of chapter twenty-nine of the Code .of Virginia (edition of eighteen
hundred and sixty) shall be amended and re-enacted so as to read as
follows:
" § "8. Ho person shall absent himself from his regiment after the who treated as
commandant thereof has received an order requiring.a draft or detail
to.be made, and of which such person shall have been in any way
informed, until such detail or draft shall have been made. Every
person so'offending,* who shall be subsequently detailed to march,
Unless he join the detachment with which be is detailed, at its ren¬
dezvous, or show-that he was prevented from so joining by unavoid¬
able cause, shall be considered and treated as a'deserter. Every
person who shall refuse to give his name to the-proper officer when-
-called upon for enrollment, under the act passed February eighth,"
eighteen hundred and sixty-two, entitled,an act for ascertaining an.d '
enrolling the military forces of "the commonwealth, shall .fee con¬
sidered and treated as a deserter."
■2. This act shall be in force from its passage, : 1 Commencement
•Chap. 65.—An ACT to' amend section 28- of chapter 52 of the Code of
Virginia.
Passed March ?, 1862.
1. Be it enacted fey the general assembly, that the "twenty-eighth Code amended
section of chapter fifty-two of the Code ef Virginia fee amended and
re-enacted so as to read:
" '§ 28. Every person appointed under either of the two preceding who to work
sections shall, either in person or by a sufficient substitute, when re¬
quired by the proper surveyor,- attend with proper tools, and work •
the road on such days as the surveyor may direct. -But said surveyor
•82
CHANGES IN CODE.—BANKS.
may, in lieu of the labor of persons, require a force in working anr-
jriiiea raals and suitable implements of equivalent value. For each person
required to Work and. failing to do so, seventy-five cents a day shall
be paid to the surveyor within twenty days thereafter, by the* person
irt'default, if a person of full age', o.r if he be an infant, by his parent
■ or guardian; or if he be a servant or slave, by his overseer, if he be-
under one, otherwise by his master: and for failure to furnish ani¬
mals and. implements as aforesaid, the person required to furnish the
same shall pay to the surveyor a gum equivalent to seventy-five cents
a day for each of the persons in lieu of whom such animals and im-
How recover- plements were so required to be furnished. If the money be not
;ib,c paid, it shall be recoverable by the surveyor, with costs,before a jus¬
tice ; and any money received by a surveyor under this section, after
the payment of costs,-shall be applied to the improvement of the
road of which he is surveyor."
Commencement 2.. This act shall be in force from its passage./
Chap. 66.—An ACT amending and re-enacting section 12, chapter 77, of
the Code of Virginia.
Passed January 22, 1862.
Code amended . 1. Be it enacted by tbe general assembly, that the twelfth section
of chapter seventy-seven of the Code of Virginia be amended and
re-enacted so as to read as follows: • .
humberof acres "'§ 12. Such trustees shall not take or hold at any one time more
"than two acres of land in- an incorporated town, nor more than one
hundred acres, exclusive of the church and burying grounds, out of
such a town." •
Commencement 2.. This act shall he in force from its passage.
■ CiiAP. 67.—An ACT to provide a Currency of'Notes of less -denomination
than Five Dollars.
Passed March 29, 186'2.
Authority to ' I... Be it enacted by the general assembly, that the several hanks- •
isBucfcjmnk notes Circulation of this commonwealth be and they are hereby autho¬
rized to issue notes of. a less denomination than five dollars and not
less than one dollar, including fractional amounts, between one and
five dollars, to an amount not exceeding ten per centum of the
Notes redeemed capital of said banks respectively ; • and every hank or branch shall,
after the expiration of ninety days from the.passage of this act, pay
BANKS.
83
all sums less than .five dollars, ajptT redeem all notes of five dollars,
either in specie or in its own notes of less denomination than five
dollars, tmless said hank of branch shall have issued and have In. cir¬
culation notes of >the denomination hereby authorized,, to'the amount,
hereinbefore specified; and every bank or branch failing to pay in Forfeiture
specie or in small notes as aforesaid, shall pay to the person demand¬
ing such payment or redemption, the sum of fifty dollars for each
offence. The notes hereby authorized to be issued may'b'e signed
by sueh officer or officers of said banks as may be designated for
. that purpose by the board of directors; and any of said banks"which
may. have preserve'd notes of less denomination than five dollar's,
heretofore issued under authority of law, shall be at liberty to circu¬
late the same, so that their issue shall not exceed the amount autho¬
rized by this act.
• .2. The banks whose issues are based upon a pledge of state stock
may -dispense with the signature of the treasurer, and issue such
small notes in the same way as the other banks, but such banks shall
not issue an amount of circulation larger than is now- allowed by law.
3. Be it further enacted, that the lawfully constituted authorities Delegated power
.of the city of Richmond be and they are hereby authorized to. issue mond7 ° lC
as currency, notes of a less denomination than one' dollar, to an Amount
amount not exceeding five hundred thousand dollars ; and the" autho¬
rities of all the other cities,' and the towns of the commonwealth cpn-
taining a population of two thousand, and of the. towns of Leesburg,- Delegated power
Lewisburg and Warrenton, are hereby authorized to issue notes as t0 certaln towns
^currency, of a lik'e denomination, to an amount, double the amount
of state tax assessed on property, real and. personal, within such city
or town for one year, taking therefor the average of the last pre¬
ceding three years; and the notes issued as aforesaid shall be receiv¬
able in payment of all dues to the corporation" issuing them; and the
banks of the commonwealth are hereby authorized to receive and
pay out the same.,
4. Be it further enacted, that the several cities, towns and counties
' of this commonwealth be and they are hereby authorized to issue as
currency notes or bills of and under the denomination of one dollar,
in .sums equal to the amounts, they may have respectively authorized
to be appropriated, and which has been actually appropriated by
them, for arm'ing and equipping of their volunteers and supporting
the families of those who are indigent and in-service; but the amount
authorized by this section to be issued by any city or town shall not
be in addition to the amount authorized by the next preceding section.
5. Be it further enacted, .that foivthe purpose of redeeming the
notes issued by the counties, cities and towns of the commonwealth,
under the provisions of this act, the courts of such counties, cities
und towns as may issue such notes, are required at their annual levy
§4
BANKS.
courts to levy upon the subjects oi^ taxation mentioned in the hfth
section of chapter fifty-three of Code-of Virginia of eighteen hundred .
and sixty, an amount sufficient to redeem thirty-three and a' third
per cent, of the amount of such notes in circulation at the time of
such levy in the years-eighteen hundred and sixty-two and eighteen
hundred and sixty-three; and at the time of the annual levy in the
year eighteen hundred and sixty-four, the said counties, cities and
towns shall-.levy upon said subjects of taxation an amount sufficient
to redeem all such notes as may be then in circulation; such redemp- ■
tion to 'be made, in such funds as are receivable in payment of dues
to the commonwealth.
Quarterly re- (J. Be it further enacted, that the banks shall severally include in •
turns to be made • , , • -t
the quarterly statements now required by law to be transmitted to
• the governor, and the clerk of every county, city and town issuing
notes, under this act, shall make quarterly to. the governor a state¬
ment under oath showing the amount and.denominations issued, and
the amount of each denomination then outstanding; which reports
shall.be laid before the legislature when in session.
Repealing clause 7.' That all laws now in force inconsistent with the provisions of
this act, are hereby suspended as to the notes hereby authorized, and
the banks and counties, cities and towns acting under its provisions,
. during the time this act shall remain in force; and the act passed the
twenty-fourth January, eighteen hundred and sixty-two, entitled an
act to authorize the banks of- this commonwealth to issue notes of
the denomination of one and two dollars, is hereby-repealed.
8. The property, real and personal, of the people of the counties,
cities and towns issuing notes under this act, shall be bound for the
payment of ',the notes issued.
Commencement . 9. This act shall be in force frbm its passage.
Chap. 6'8.—An. ACT to release certain Corporations- and Persons from
forfeitures, penalties and rights of action incurred by issuing Notes as. a
.. Currency, contrary to law.
Passed Slarcli 19,1862.
I. Be it enacted by the general assembly, that all forfeitures and
penalties incurred before the passage of this act, under chapter sixty
of the Code of Virginia, and the sixteenth, seventeenth, eighteenth
and nineteenth sections of chapter one hundred and ninety-eight of
the said Code, by any corporation, chartered company,, county or
savings bank, and the officers, agents and authorities thereof, acting
for said parties, and by the sheriff of any county, and all rights of
action given by the acts aforesaid against the said parties and per-
Obligation on
real and per- •
gtmal property
BANKS.
85
sons for a violation of said acts, be and the same are hereby released:
•provided, however, that none of -said parties or persons shall-have Proviso
th.e-benefit of this act, who shall, after the passage thereof, issu.e any
note, bill or other waiting, with the intent that -the. same shall be.
circulated as currency, or shall otherwise deal, trade or cany on
•business as.a bank of circulation, contrary to law; or shall.fail for
ninety days to call in the* notes, bills or other writings issued by
them, respectively in violation of said acts, and to redeem the .same,
W'hen. offered for redemption in sums of one or'more dollars^by ex¬
changing them for either gold- and silver coin, or notes of- the banks
of Virginia, which are received by the bank or banks nearest to the
•' place of such corporation, chartered company, or county. And if"
any of -said corporation's, chartered companies of counties fail, for
the time herein prescribed, to call in the notes, bills?or other writings
Issued as aforesaid, or to redeem the same,, when presented for re¬
demption, in the manner aforesaid,- the attorney, general, upon infor¬
mation of such failure, shall proceed to enforce, the forfeitures and
penalties aforesaidbut this proviso shall not b.e applicable to such
of said corppratious, chartered companies or counties as have been or
shall be authorized to issue such notes, bills or other writing, if they
■ shall confine their said issues within the limits prescribed by law.
, • 2. The act entitled an act' to prevent the circulation of small.
Dotes, passed the third day of March eighteen hundred and.fifty-four,
. is hereby repealed, so far as tjie same is in conflict with this act.
3. Provided, however, that this act shall not enure to the benefit Proviso
of any chartered company, corporation, savings bank or individual
who may have been indicted or presented in. any court of this com:*
monwealth for a violation of the provisions of said chapter sixty of
the Code, and of the sixteenth, seventeenth, eighteenth and nine-,
teenth sections of chapter one hundred and ninety-eight of the said
.Code, until the company, corporation,' bank or. individual against
whom such prosecution is pending, shall'have paid into court all the
costs incurred by the commonwealth in such, prosecution, and the
fees of the officers of the court in such cases.
4. This act shall be in.force from, its passage. commencement;
Chap. 69.—An ACT to authorize the Banks of this-Commonwealth to issue
Notes of the denomination of One and Two Bollars..
Passed January 24, 1862.
1. Be it enacted by the general assembly, that the several banks Denomination
of- this 'commonwealth be authorized and required to issue notes of i^ed
the denomination of one and two dollars, to an, amount- not exceed- Limitation
ing five per' cent, of their respective capitals, which notes may be
86
BANKS.-
signed'by such officer or officers of said banks respectively, as may
•be designated for that purpose by the board of directors; and tbey
are hereby prohibited, under the penalty of fiftydellars for. each of¬
fence, to pay out "the notes of any unauthorized corporations or in¬
dividuals ; and. any of said banks which may have preserved the
notes of the denomination of one and two dollars^ heretofore issued
under authority of law, shall be at liberty to-circulate the same, so
that their issue shall not exceed the amount.authorized by this act.
2..- The banks whose issues are based upon a pledge of state stock,
may dispense with the signatures of the treasurer, and issue such
• small notes in the same way as the other banks; but no such banks
shall be hereby authorized to' issue an amount of circulation larger
than is now allowed'by law."
3. That all laws now in force prohibiting the receiving of passing
'of bank notes' under th'e denomination of five dollars, are hereby
suspended- as to notes issued by the banks of Virginia, under this
aet, during the time this act shall remain in force.
Commencement ' 4. This act shall be in force from its pasjjage. ■ .
Certain sections
of act of 1861
amended • .
C.HAP. 70.—An ACT to amend and re-enact section 1, chapter 57, Acts 1861.'
Passed March 1, 1862.
•1. Be it enacted by the general assembly, that section first, chap¬
ter fifty-seven, acts eighteen hundred and sixty-one, be amended and
re-enacted so as to-read as follow?:
Privilege sus¬
pended
Forfeiture re¬
mitted
Proviso
"|.l. Be it enacted by the general assembly, that so much'of all
or any acts as now may subject any bank or banking corporation'
incorporated by the laws of this commonwealth,-now in operation," or
whioh may be put in operation whilst this act is in force, to 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 he and the same are
hereby .suspended until the first day of March-eighteen hundred and
sixty-three, and until otherwise provided by the general assembly of
Virginia; and -if any such bank or banking corporation shall have
for^ited its charter By failing or refusing to pay in specie any notes
oi^other debts due from such bank,, the forfeiture thereby incurred
shall be remitted, and the charter of such bank, with all the rights
and powers thereby conferred, except such portions thereof as are
herein before suspended, shall be and the .same is hereby declared to
■ be in full force and effect, to all intents and purposes, until the date
before mentioned: provided, that nothing herein contained shall be -
BANKS*
so construed as to prevent the recovery 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 take effect from its passage. Commencement
Chap. 71.—An ACT to amend and re-enact the 63d Ordinance of the Con¬
vention, authorizing Banks to change their Places of Business.
' ■ Passed March 31,1862.
1. Be it enacted by the general assembly, that the sixty-third, ordi
nance of the^convention of Virginia, entitled an ordinance authoriz
ing banks-to change their places of business, be amended, and re
enacted .so as to yead as follows:
' "That whenever the president and directors of any bank, or of
any branch of any bank, shall consider the domicil o'f the .bank un¬
safe, or that access thereto is interrupted by reason of; the public
enemy, and shall so enter on their minutes and appoint some other
place for the custody of its books and effects and. the transaction of
its business, it shall be lawful for the Jboard to remove thereto, and
thereat to exercise its corporate rights, until the danger, be over,-
when it shall return to its original domicil; and hills of exchange,
checks.and negotiable notes, payable .at the domicil of such bank,
shall be held arid treated, as payable at the bank in the place to
• which.it is removed. The president and directors shall cause notice
to be give.n of the removal of such bank, by advertisement and other
means likely t.o make the fact public; and that whenever the domicil Proviso
of any such bank or branch bank has been so changed, and. the quo¬
rum. of the board of directors shall fail to accompany such bank or
branch bank to "its new domicil (any- one or more of suck directors,
or in case there he none present), the cashier, and such of the. officers
of the bank or "branch bank a? may be with, him, shall have the
.power of a board of directors to transact its business and. provide
for its safety by further removals, whenever they shall consider-such
new'domicil unsafe, -that access thereto is interruptedand the busi¬
ness transacted at such new domicil shall be as valid as if transacted
at its original plaee of business. That when any city or town Proviso '
wherein a hank.or branch bank is located shall be occupied, invested,
Or access thereto interrupted by the enemy, the parties to negotiable
notes, bills and cheeks, payable in such city or. town, shall remain
bound after the maturity .of sueh notes, bills apd checks, without
demand, protest or notice, as if the requirements of law in that be¬
half had "been complied with."
. ' 2. Be it further enactect that all the provisions of this act, in re- Savings banks
ration to banks and the branches thereof, shall apply to savings banks eompaSegQCe
- Authority .to
change place of
- business ■
8$
BANKS'.
and insurance companies, as far as they, may he applicable: and that-
the president and directors of said institutions shall have the same
powers, exercise the same rights, and' he subject to like provisions,
and their acts and proceedings have the same validity,, as are pro¬
vided in the first section in relation to banks and their branches.
Commencement 3. This aet shall be in force from its passage..
(Chap. 72.—An ACT to amend and re-enact the '61st seetion o/ chapter 38
of the Code of 1860, beipg the first seetion of an act entitled an act to-
prevent the Circulation of Small Notes, passed March 3d, 1854.
Passed March *31, 1862,
Certain section® 1. Be it enacted by the general assembly, that the first seetion of '
of act 1854 , J 8 .... .. '
amended an act, entitled an aet to prevent the circulation oi small notes,
passed March third, eighteen hundred'and fifty-four, be amended and
re-enacted so as to read as follows :
" § 1. -'That it shall be the duty of commissioners of the revenue
and courts, to'whom application shall be made for lieense, to require
from each and every person who shall apply for license, an oath that
he will not pay tyit, within the limits of this commonwealth, notes of .
any denomination, issued by banks, corporations-or individuals, with¬
out authority of law. 'And it shall be the duty of every commissioner
of the revenue and court, to whom such application shall be made,-
to withhold the lieense until the hath aforesaid shall be taken."
Commencement 2. This act shall be in force from, its passage.
Chap. 73.—An ACT concerning Bank Directors.
Passed March 13, 1862.
Provisions as to 1. Be it enacted by the general assembly, that during the eon-
bank directors r. , '. T . r-
tmuance ot the present war, whensoever two. or more directors oi
any hank, and whenever one or more of any braneh bank of this
commonwealth, shall b^ absent in the military service of the state,
from the place where such branch or bank respectively may be
situated, the business of such braneh or bank may he conducted by
three directors of any such bank or branch, in all respects as if the-
Proviso number now required were present. And any bank of circulation
in this commonwealth, in which the.state is not a stockholder, may,
by a vote of the stockholders thereof, "in general meeting, fix the
whole number of directors for such bank, so that the same be not
less than five nor more than nine.
Commencement 2. This act shall be in force from its passage,
Duty of com¬
missioners of
til® rev.en«e
BANKS.
89
Ciiap. 74.-—An ACT authorizing the Recovery of Money stolen from the
' Exchange Bank ftf Virginia at Weston.
Passed March -14, 1862.
Whereas, by" an ordinance of the convention of Virginia, number Preamble
scventy-t&ree, entitled, an ordinance concerning the Northwestern
lunatio asylum and the West Liberty academy in Ohio .county, passed
June twenty-eighth, eighteen hundred and sixty-one, the work on
said asylum was directed to be suspended until the general assembly
should otherwise provide; that no further money.should be drawn
from the "treasury on that account; and any surplus of the moneys
theretofore drawn, after paying for. work done, should be returned
into the treasury: And whereas it is represented that four days after
the time of the passage of skid "Ordinance, an armed military force,
as public enemies* entered the vaults of the Exchange Bank of Vir-
. ginia at Weston, where the said^ money was deposited* and robbed,
the said bank of about twenty-seven' thousand dollars of its specie,
on account "of the money deposited thereby the treasurer of said
• asylum, by order of its board of dire'etors, to the credit of said
asylurri: And whereas it is also represented that the said military ex¬
pedition operated under and in pursuance of orders from an usurped'
authority claiming to be a government established within the-limits
of Virginia, without authority of the legislature •: And whereas it is
represented that the said money, after being so.abstracted, was de-'
' posited in one or rnore of the banks of this commonwealth, located
in the city of Wheeling, whose officers were .co-operating with- and
professing allegiance to said usurped government, and had .notice of
the robbery and ownership of said money, and have become liable
therefor; and to afford a speedy remedy to reclaim said .'money, and
thereby enable the treasurer of said asylunrto comply with the said"
ordinance of said convention : Therefore,
1. Be it enacted "by the general assembly, that. Jonathan M. Ben¬
nett, the. treasurer of said asylum, may demand arid have of any-
bank wherein the said money was so deposited, having, notice of. the
ownership, thereof, and of any person who at the common law would
be'liable therefor, the full amount of money so deposited in any-such
bank, or for which any other person, may be liable-as aforesaid, to¬
gether with interest'thereoti at .the-rate of six per centum per an¬
num from the time said deposit was made, or such other liability may
have accrued, and such damages as may be equal to the reasonable
costs of collecting- the said money, and such additional damages as
may be equal to the rate of exchange between 'currency and specie,
which existed in Virginia, at the capital thereof, at any time within
the year eighteen hundred and sixty-one, after the said robbery? . •
2. The proceedings for the recovery of said money may be brought General provi-
in-any court in this commonwealth, by motion, upon such regulations810113
90
BANKS.
consistent with this act, as are prescribed by chapter one hundred and
sixty-seven of the Code of .Virginia, except- that proof of the rob¬
bery, the ownership of the money, jfiid notice to any of the officers
"of such bank, either actual or constructive, shall be sufficient to fix
•the liability on such bank.
3. No person who has been guilty of any .of the acts mentioned
in the first section of chapter one hundred and ninety of the Code
of Virginia, shall be capable of sitting as a juror upon the -trial of
the motion hereby authorized.
4. Any person who shall accept any appointment or office, or aot
in-an official capacity, under, authority of said usurped government,
in the said Exchange- Bank at Weston, or who shall protest notes as
notary public therein, or do any other act in any manner to control
the matters pertaining to said bank, under color of office or appoint¬
ment emanating from said usurped government, shall be. liable for
the money so taken therefrom; to the same' extent, and to be re¬
covered in .the same manner, as is authorized for the recovery from
.the Northwestern Bank, or other bank, as in this act is provided.
Commencement .5. This act shall be in force from its passage.
CHAP. 75.—An ACT to. convert the Branch of the Northwestern Bank of
. Virginia at JeffersonvilLe into a Separate and Independent Bank.
Passed March 13,1862.
Preamble . • Whereas the • armed occupation of northwestern Virginia, hy law-
Jess enemies of this* state, has entirely destroyed all business inters
course and relations between the Northwestern Babk of Virginia at
Wheeling and its branch at Jeffersonville, to the great detriment of
the state and loyal stockholders, and it seems proper under the cir¬
cumstances to dissolve the connection heretofore subsisting between
said -bank and its branch at Jeffersonville, and of authorizing the
latter to transact business as a separate and independent corpora¬
tion :
'1. Be it therefore enacted by the general assembly, that the
branch of the Northwestern Bank of Virginia 'at Jeffersonville be
and the same- is hereby constituted, created' and incorporated a se- '
parate, distinct and independent bank, under the corporate name of
Graziers .Bank of Virginia; and all .the power, control, direction,
supervision, relation and connection of said- Northwestern Bank of
Virginia oveV and with the said branch at Jeffersonville, are hereby
dissolved, abrogated and annulled.
2. All the assets held .by said branch (embracing all hills and
notes discounted, whether the same be in suit, protested, due or ma-
Bank incorpo¬
rated
Name of bank
Aseetg
BANKS.
91
turing, all judgments, balances, due on* Recounts current, all money,
either in coin or currency, all evidences of debt or other securities,
all real-estate,-and every right and interest) are absolutely vested in
the said Graziers Bank of Virginia; and in every case where suit
.has been instituted in the name of the Northwestern Bank of Vir¬
ginia for the.recovery of money-or other thing, to which said branch
'is entitled, the suit, so brought shall be prosecuted in the name "of
the Northwestern Bank of Virginia, for the'use and benefit of said
Graziers. Bank of Virginia; and in every case where suit shall here¬
after.be instituted for the recovery of money or other thing belong¬
ing. to said branch, the suit shall be in the name of said Graziers
Bank of Virginia.
3. The said'Graziers Bank of Virginia is subject to all the liabili- Liabilities
ties pf the said branch, except so far as the said liabilities are modi¬
fied by .the following sections of this act.
4. The said Graziers Bank of Virginia shall in no event be re- Proviso
quired to account to the said Northwestern'Bank of- Virginia for any
portion, of the net profits or contingent fund of the said branch, nor
to contribute to the payment of, or pay out of'the assets of said
branch, or otherwise, to any stockholder, "billholder or. creditor of the
said Northwestern Bank, any sum or sums of money which any such
'stockholder, b,illholder or creditor may-be entitled to "demand and
have of said Northwestern Bank of Virginia.
5.. At any time within three , months from the passage of this act. Limitations
any loyal holder of stock in the Northwestern Bank of Virginia,
whose stock in skid bank was purchased through the said branch, or
whose dividends have usually heretofore' been credited to him at said
branch, may return and assign to said .Graziers Bank of Virginia
such stock, and' demand and receive in lieu thereof a.certificate for
a like number of shares of stock in the said Graziers Bank of Vir¬
ginia.
. 6. As soon as may be.saftef. the. expiration of the said three Proviso
' months from the passage of this act, the governor of the state shall
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 sec¬
tion, to be in like manner returned and assigned to said Graziers
Bank of Virginia, for alike number of shares of the stock thereof.
' . 7... The .Graziers Bank of Virginia, hereby",established, shall be Redemption
required to redeem, from loyal citizens of the Confederate States of
America, in notes of its own issue, all sqch notes of said branch as
nsav-be in their possession at the passage of this act: provided the Proviso
same be presented in six months after notice of this provision shall
have been published for one month in some weekly newspaper pub-
92
BANKS.
listed in 'the city of Richmond: and provided further,"the amount
offered for redemption shall not exceed one hundred and eighty
thousand dollars.
.Proviso 8. "The legislature.reserves the power to provide, after the termi¬
nation of the' war with the United States, the extent, mode and time
of redemption by said Graziers Bank of Virginia, of any outstanding
notes of said branch, with which, according to the principles of equity,
Special d'eposit justice and right, it is chargeable. But as it is represented to this
general assembly that the said branch has a special "deposit of twenty-
four thousand dollars in gold with the said Northwestern Bank of •
Virginia, heretofore made by said branch to meet the redemption of
its notes: and as no'tes payable at said branch may have been issued
by the-said Northwestern Bank of Virginia, which have not been
reported to said branch, nor charged to said Northwester Bank of
Virginia, and which it would'be evidently unjust to require the said
branch to redeem, it is hereby expressly provided and enacted, .that
'the whole amount of circulation of th'e said-branch, which the said'
Graziers Bank of Virginia shall be required to redeem, under the
provisions of this act, and of any subsequent act of the legislature,
taken collectively, shall not exceed the balance of the circulation of.
said branch, after deducting therefrom the sum of twenty-four thou¬
sand dollars on account of said special deposit, and also any amount
or amounts of circulation payable at said- branch (if any such there
■ be), issued by the said Northwestern Bank of Virginia, of. which the
said branch has not heretofore received notice from said North¬
western Bank of Virginia;
Pelegated au¬
thority
9. The cashier shall forthwith, after the expiration of three months
from the passage of this act, out of the surplus or contingent fund, of
the said branch, pass to the credit of the stockholders of the said
Graziers Bank of Virginia and to the state, a dividend of tep per.
centum upon their stock issued under .the provisions of. the fifth and
sixth sectiQns of this act.
Location 10. The said Graziers Bank of Virginia shall be located and trans¬
act its business at the.town of Jeffersonville.
11- The said Graziers Bank of Virginia may, by sales-of new
stock, increase its capital to two hundred thousand dollars.
' ,12. The .present board of directors, for the said branch shall con¬
tinue to act as a board of directors for the said. Graziers Bank of
Virginia until a new board shall be appointed under tile general law.
Proviso 13. Except so far as the same may be inconsistent with the pro¬
visions of' this act, the general banking law of the state shall'apply
to the said Graziers Bank of Virginia: and the general law of joint
.Delegated au¬
thority
BANKS.—MISCELLANEOUS.
95
stock companies sh<all apply to the said Graziers Bank of Virginia,
so far as the same is applicable to itj and not' inconsistent with the
provisions of this act.
14. This act shall be in force from its passage, but may be re- Commencement
pealed, altered or modified, at the pleasure of the general assembly.
Chap. 76.—An ACT to legalize the use of .certain State Securities held by
the Bank of -Pittsylvania as part of its Capital.
Passed March 21,1862.
Whereas it is represented to the general assembly, that by agree- Preamble
•rnent between the directors of the Bank of Pittsylvania and certain-
subscribers to the capital stook thereof, state securities, Virginia,
and. others of the Confederate-States, to the amount of fifty thousand
dollars, were received by said directors in payment of the shares of
.said subscribers to said capital stock, under certain stipulations with
'said subscribers in regard to the redemption of said stock : And for
greater certainty as to the right of said bank to hold and regard said
stock as part of its-capital paid in;
' 1. -Be it therefore enacted by the general assembly, that the said Legalizing acts
•payment so received by the said directors, under said agreement and •
stipulations as aforesaid, shall be held and deemed.a legal and valid,
payment of said shares,' according to the true tenor and import of
said agreement 5 and that the said stocks, until paid or converted Proviso
into money at their par value, shall be held and deemed -a part of
the capital of said bank, in like manner as if said shares 'had been,
at the time of said agreement, paid in ordinary currency.
-• 2'. This act shall be in force from its passage. Commencement
ChiAP. 77.—An ACT to prevent certain violation's of the Sabbath.,
Passed March 12, 1862.
1. Be it enacted by the . general assembly, that if a free person Hunting,
shall hunt, range after or shoot any game or wild fowl on Sunday, Sunday
he shall he fined not less than five nor more than twenty dollars, and
such offence shall moreover be deemed a breach of good behavior.
2. The proceeding to recover the said fine may be according to Pines, bow re«
* . covered
the provisions ef the forty-third chapter of the Code of Virginia,
'and it shall moreover he the duty of any justice, upon affidavit being
made before him of the violation of this law, forthwith to issue his
94
MISCELLANEOUS.
warrant for the apprehension of. the offender. Any justice before
whom such offender may be brought, shall proceed as soon as prac¬
ticable to enquire into the case, and if it. apj>ear on-the proof that
the person charged has violated th'is law, such justice may impose
such fine upon him, or may'recognize him, with security, to appear
at the next term of the county or corporation court,, as he may de¬
termine, to answer .for the said offence and to satisfy the-judgment
which may be rendered against him 'therefor.
Recognisance, 3. Any person convicted of the above offence shall, in addition to
o given imposed upon him, be required' by such court or justice to
give a recognizance, with good security, for his good behavior for one
year; or if he fail to give such security, be committed to jail for
•thirty days, unless it be sooner given. Such recognizance shall be
forfeited if such person offend as aforesaid within the time limited
therein. •
Fines, how re- 4. One-half of any fine imposed and recovered under this law
shall go to the. informer, and the other half to the commonwealth. '
Restraining 5; Nothing in this act shall be construed so as to prevent any
person from shooting or otherwise killing, on Sunday, on or near his
premises, any wild beast or bird destructive to domestic animals.
Commencement- 6. This-act shall be in force from its passage.
Chap. 78.—An ACT to amend and re-enact the 8th section of an Ordinance
entitled an Ordinance to provide against the Sacrifice -of Property, and to
suspend proceedings in certain cases, passed by the Convention of Yir-'
ginia on the 30th day of April 1801.
Passed December 19, 1661. ' ..
Ordinance ex- Be it enacted by the general assembly,, tbat the eighth section of
tended 'ordinance entitled an ordinance to provide against the sacrifice
of property, and to suspend proceedings in certain cases, passed by
the convention 'of Virginia on the thirtieth day of April eighteen
hfindred and sixty-one, be amended and re-enacted so as to read as
follows:
Commencement " § 8. This ordinance shall remain in force until repealed."
MISCELLANEOUS.
05
Chap. 79.—An ACT to suspend Sales and Legal Proceeding's in certain
. cases, and to repeal an Ordinance to provide against the Sacrifice of Pro¬
perty, and to suspend proceedings' in certain cases, passed on the 30th.
day of April 1861, by the Convention of Virginia.
Passed March 29,1862.
" 1. Be it enacted by the general. assembly, that except in cases Execution not
herein after provided,.no writ of elegit, 'fieri facias or venditioni*0issue
exponas, other than in favor of the commonwealth, or against per¬
sons not residing in the commonwealth, shall hereafter be issued
until otherwise p.rovided by law. Nor shall there be any sales under
deeds of trust executed prior.to the thirtieth day of April eighteen,
hundred and sixty-one; or decrees, until otherwise provided by law,
except'in cases in which the parties interested consent thereto, and
in cases in which any of said parties being incompetent, by reason infancy or dig-
of infancy or other disability, to give such consent, a court of com- a^mty
petent jurisdiction shall determine that the. interests of the parties
.wbuld be promoted by such sale: provided, that this section shall not proviso
be construed to-require the consent of persons not residing in this
state, as necessary to any such sales : and provided further, that this
section shall not apply to any attachment, or proceedings thereupon,'
authorized by chapter one hundred and fifty-one of the Code of Vir¬
ginia, (edition of eighteen hundred and sixty), except that no order
of the court or justice against a resident garnishee for the payment
of money due to, or the effects of the principal defendant, shall be
enforced until otherwise provided by law.
2. On affidavit filed with the' clerk of the court in which a judg- Execution, how
ment or decree for money has been rendered, or to which the justicelssued .
belongs, when the judgment was rendered by a justice, setting forth
the amount due thereupon, and the affiant's belief that the person
against whom such judgment or decree has been rendered is re¬
moving or intends to remove his Own estate, or the proceeds of the
sale of.his property, or'a material part of such estate-or proceeds,
out of this state, the clerk of such court, in which such judgment is,
or the justice rendering such judgment, shall issue an execution of
fieri facias upon such judgment or decree for the amount thereof,
endorsing, such credits thereon as .by the said affidavit may be ad¬
mitted. Upon the motion of the -defendant in such execution, the How quashed
said court, if it be of opinion that said execution was issued upon
false suggestions, or without sufficient cause, shall quash the same:
. provided the plaintiff in such execution has had at' least ten days'
previous notice of.such motion; and such-notice,.when given to the
said plaintiff and to the officer in whose hands the execution is, shall
stay any sale under such execution until the said motion is deter¬
mined ; but this stay shall not continue beyond the day specified in
the notice for'the motion, unless the motion be duly made to the
court. Any property seized under this section may be retained by property seized,
how retained
MISCELLANEOUS.
or returned to the defendant, on Ms giving bond with condition to
abide by and perforin the order or judgment of tjie. court on the
motion to "quash .the execution; or in case no motion be made, to
pay the plaintiff the sum due on such execution. The bond shall be
taken by the officer levying the execution, with good security, pay1
able to the plaintiff, in a penalty double the sum appearing to be due
en the execution.
Exceptional 3. Except in prosecutions on behalf of the commonwealth, actions
may be tried ©f detinue, unlawful entry or detainer, and suits wherein attach*
by a jury me»ts shall be sued out under the provisions of chapter one hundred
and fifty-one of the Code of Virginia (edition of the year eighteen
hundred and sixty), in which said prosecutions, action?,'suits and at*
other cases not tachments, trials may he had as heretofore, there shall be. no trial of
. any cause requiring the intervention of a jury, nor of warrants upon
small claims before a justice of the peace or other officer, except with
the consent of the parties thereto : provided,.however, that the court
for the probate of a will may, as provided by the said Code of Vir-
Issues out of ginta, order a trial by jury, and that issues may be ordered by courts
Wrusofadquod of equity and tried, and writs of ad quod damnum awarded and exe*
•damnum cuted, as now authorised by law.
*Cases of misde¬
meanor
4.. In cases of misdemeanor, juries may be summoned from the
bystanders or vicinage; and with the consent of the party prosecuted
he may be tried by the court.
Limitation 5. The time which has elapsed since the thirtieth day of April
eighteen hundred and sixty-one, and the time during which this act
is in force, shall not be computed in any case where an action is re*
quired to be brought or other proceedings to be had, or acts to be
done within a certain time now prescribed by law.
Liabilities of
public officers
Interest, when
collected
Interest and
alimony
fi. This act shall not apply to liabilities on the part of public of*
ficers or their sureties, or to causes of action which have arisen since
the thirtieth day of April eighteen hundred and sixty-one, or which
may hereafter arise, or to debts or liabilities, to the commonwealth,
nor to the annual collection of interest now due or hereafter accruing '
on any debt or obligation which existed on the said thirtieth day of
April eighteen hundred and sixty-one; and the courts are authorized,
and empowered to hear and determine all claims or demands for such
interest, and to enforce the same by prdinaiy process of law; and no
bond, note, bill, acceptance, obligation or undertaking, the conside*
ration of which in whole or in part is a debt, obligation or under*.
•taking which existed on the thirtieth day of April eighteen hundred
and sixty-one, shall be held or considered as a cause of action there*-
aftelr arising; and nothing in this act shall be held to apply to any
provision by will, deed, judgment or decree, for the payment of inte*
rest or alimony for. the support or benefit of infants or females, so as
MISCELLANEOUS.
97
to require the parties entitled thereto to apply to the court in any
case where they have an existing remedy by exeoution, enforcement,
of the deed of trust, or otherwise.
7. The payment of such interest for which no adequate remedy payment of
has been provided, maybe enforced by petition or motion before a^ enforced °W
court or justice of competent jurisdiction, upon ten days' notice from
the plaintiff to the defendant, and the clerk'of the court or the justice
of the peace rendering such judgment, shall issue an execution for
such amount of interest and cost of recovery, without affecting the
principal of the debt. The officer to whom such execution may be Execution, how
directed shall make due return of the said execution to the clerk's e
office of the county or corporation of such court, or of the county in
which such justice may reside, in sixty days from the day on which
it was issued. The clerk or justice of the peace shall endorse on
such execution "No- security to be taken." There shall be no formal No security to
pleadings in such cases, and the issue, if there be any, shall be
whether the interest be due pr not, and the same shall be determined
by the court; and such petition or motion may be repeated from time
to time, as further interest may become due. In rendering which
judgment the instrument, on the interest of which said judgment was
rendered, shall be specially described in said judgment.
8. Be it further enacted, that the ordinance entitled an ordinance Ordinance re-
to provide against the sacrifice of property, and to suspend proceed- pealed
ings in certain cases, passed by the convention of Virginia on the
thirtieth day of April eighteen hundred and sixty-one, and all acts
amendatory thereof, be, and the same is hereby repealed; but such
repeal shall not affect any right established, accrued or accruing
under, or remedy or relief provided by the second, third and seventh
sections of said ordinance; nor shall this act be construed to repeal
or in any wise affect the eleventh section of chapter twenty-nine of
the Code of Virginia, edition pf eighteen hundred and sixty.
9. Be it further enacted, that no creditor shall have the benefit of
the provisions of the exceptions of this act, who shall refuse to receive
payment of his debt, or of any interest which may have accrued
thereon, the recovery of which is herein before permitted, when the
same has been tendered prior to the institution of the suit, in such
currency as is receivable in payments to the state.
10. This act shall be in force from its passage. Commencement
7
98
MISCELLANEOUS.
Chap. 80.—An ACT to provide for the Trial of Persons charged with
Offences committed in Counties in possession of the Enemy o/ threatened
with immediate Invasion.
Passed March 27, 1862.
When comity in 1. Be it enacted by the general assembly, that whenever any
threatened by01 county or corporation in this state shall be in the possession of the
enemy enemy, or shall be threatened with invasion, so as to make it proba¬
ble that the jurisdiction of the courts thereof cannot be safely exer-
Powers of judge cised therein, it shall be the duty of the judge of the circuit to which
such county belongs, and any judge of the state, if there be no
judge of such circuit, or he shall refuse, or be unable to act, shall be
empowered 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 commonwealth, to be by him executed, and to commit
him for examination before an examining court of some county or
corporation not in the possession of the enemy, or threatened with
invasion, the most convenient to that where the offence shall have
been committed.
How person
charged with
crime, to be '
committed
Examining
court
2. The said examining court shall proceed in the eases of all
such persons in like manner as if the offence had been committed in
•the county or corporation wherein the said examining court shall be,
and may remand any such person for trial in the circuit court of said
county or corporation, and the said circuit court and its officers shall
proceed therein in the same manner as in other cases remanded for
trial in the said circuit court under existing laws.
Venue, how 3. In all cases of felonies, the judge of the circuit court of any
changed C0UI1|.y or corporation as shall be in the possession of the enemy,
or shall be threatened with invasion, so as to make it probable the
jurisdiction of the courts thereof cannot be safely exercised therein,
or the said court in venation or in term, upon motion of the com¬
monwealth's attorney or of the defendant, or for good cause, may
order the venue for the trial of any such case to be changed to some
other circuit court.
Where confined 4. When any such action shall be taken as is provided for in either
of the foregoing sections, the person charged with the offence shall
be thereafter confined in the jail of the county to which the case
shall be removed.
Commencement 5. This act shall be in force from its passage.
Miscellaneous.
99
Chap. 81.—An ACT to extend the time for the exercise of certain Civil
Eights and Eemedies.
Passed March 14,1862.
1. Be it enacted by the general assembly, that the period be-Act of limitation
tween the seventeenth day of Apl-il Anno Domini one thousand
eight hundred and sixty-one, and four months after the ratification
of a treaty,of peace between the Confederate States of America and
'the United States of America, shall be excluded from the computa¬
tion of the time within which, by the terms or operation of any sta¬
tute or rule of law, it may be necessary to do any act of to com¬
mence any action or other proceeding to preserve or to prevent the
loss of any civil right or remedy.
2. This act shall be in force from its passage. Commence.ment
Chap. 82.—An ACT to amend and re-enact an Ordinance" extendingrthe Ju¬
risdiction of the County Courts in certain cases, passed by the Conven¬
tion on the 26th day of June 1861.
Passed March 10, 1862.
1. Be it enacted by the general assembly, that an ordinance passed ordinance
by the convention on the twenty-sixth day of June eighteen hundred amepded
and sixty-one, be amended and re-enacted so as to read as follows:
"When the court of any county shall fail to meet for the trans- courts, jurisdic-
action of business, or the people thereof or any of them shall betl0n of
prevented from attending thereupon 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 of the city of
Richmond and the clerk thereof, shall have jurisdiction of all mat¬
ters, and authority to do and perform all a^Ls which, as the law now
is, are referable to the court or to the clerk of the county so ob¬
structed."
2. This act shall be in force from its passage. Commencement
Chap. 83.—An ACT to protect Loyal Citizens whose property may be sold
by Officers under illegal process.
Passed March 5, 1862.
Whereas it is represented to the general assembly of Virginia, Preamble
that certain persons have established, Bince the adoption of the ordi¬
nance withdrawing the state of Virginia from the government of the
United States, a usurped government within the limits of Virginia,
100
MISCELLANEOUS.
separate from the existing government, and that certain persons are
holding the offices of sheriffs, clerks, constables and justices of the
peace, under color of authority from such usurped government, or
under elections by its authority, or have otherwise recognized its
, authority by taking an oath to. support such usurped government, or
otherwise adhering to or supporting its authority: And whereas levies
and sales of property have been made, by virtue of executions and
other process issued by such clerks and. justices, and the same sold by
such sheriffs and constables, to the great prejudice of good and loyal
citizens of Virginia: And whereas other like execution and process
may be issued by such clerks and justices, and other sales of property
may hereafter be made by virtue thereof, by such sheriffs and con¬
stables, to the like great prejudice of good and loyal citizens of
Virginia:
Penalty for 1. Be it therefore enacted by the general assembly, that any such
iusning process . , , .
clerk or justice who may have issued, or may hereafter issue, any
such execution or other process, by virtue of which property may
have been or may be hereafter sold, and any person for whose benefit
"such sale may have been or may be hereafter made, and any such
sheriff or constable who has made such sale, or may hereafter make
such sale, and the sureties of any such clerk, sheriff or constable,
and any or all purchasers of property so heretofore or hereafter sold,
and the personal representatives of such person, officer or purchaser,
shall be jointly and severally liable to any citizen of Virginia, loyal
to the existing and true government thereof, and to the government
of the Confederate States, whose property has been or may hereafter
Penalty on she- be so illegally sold, or to his personal representatives, for double the
nff or constable vajue gucj1 pr0pertyt ^yitk interest thereon at the rate of six per
centum per annum from the time of the seizure or sale of such pro-
jnxigment, how perty: and judgment may be obtained therefor in any court of record
in this commonwealth, against such clerks, sheriffs, constables and
justices as may have i^ued such executions or other process and
Sureties liable executed the same, and the sureties of such clerks, sheriffs and con¬
stables and beneficiaries, or purchaser or purchasers, or any one or
more of them, upon motion in such court, upon ten days' previous
personal notice, or upon thirty days' notice published in any news¬
paper published in Richmond city, or any other newspaper published
in this state. But in no case shall there be more than one satisfac¬
tion for the same money or thing.
Eights of loyal 2. The remedy hereby given shall not prejudice the right of such
tecteV Pr° loyal citizen from taking possession of or otherwise recovering pos¬
session of such property, or any part thereof; or if such possession
should be obtained, the right of such loyal citizen to the benefit of
such liability imposed by this act shall not be prejudiced thereby;
and the right to obtain, or when obtained to enforce such judgment,
shall not be impaired by reason of the recovery of the possession of
the property so Bold.
MISCELLANEOUS.
.101
3. 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.
4. No record proof shall be required of the election or appoint-Record proof
ment of the pretended officers herein referred to; but acting in such not required
offices, and otherwise recognizing such usurped government, shall be
deemed sufficient.
5. For such sales made before the passage of this act, the persons property, liow
who would be liable under its provisions may, within sixty days from
the passage of this act, restore the property sold, or pay to the per¬
son injured the full value-of, such property, and become thereby dis¬
charged of the liability under this act; otherwise, upon their failure
to do so, the liability shall exist.
6. This act shall be in force from its passage. Commencement
Chap. 84.—An ACT to prevent the unnecessary Consumption of Grain
by Distillers and other Manufacturers of Spirituous and Malt Liquors.
Passed March 12, 1862.
i. Be it enacted by the general assembly,, that it shall not be Distillationpro-
lawful for any person hereafter to make or cause to be made any
whisky, or other spirituous or malt liquors, out of any corn, wheat,'
rye or other grain; and any person so offending 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 Penalties
five thousand dollars, and be subject to imprisonment in the county
jail not exceeding twelve months, at the discretion of the court.
2: Be it further enacted, that every day which any distillery, or what constitute
any other machine, implement or structure for the manufacture of separate offence
spirits shall, in violation of the foregoing section, be in operation,
shall be taken and held to be a separate offence within the meaning
of this act.
. 3. Be it further enacted, that in addition to the penalty prescribed Distillery and
by the first section of this act for a violation of its provisions, the hSwfcrfeited
distillery or other machine and implements used therewith for the
purpose of making liquor, in violation of this act, shall be forfeited
to the commonwealth; and it shall bq the duty of the court, in pro¬
nouncing judgment upon any conviction under this act, to add the
judgment of forfeiture, and to order the sheriff to make sale of such
distillery or other machine and implements, by such execution as
issues for the commonwealth in other cases. And it shall be the
102
MISCELLANEOUS.
duty of the sheriff to pay the proceeds of such sale into the treasury
of the commonwealth, after deducting to himself five per cent,
commission.
4. Be it further enacted, that as soon as'any person may he pre¬
sented or indicted for any violation of the provisions of this act, the
court of any county or corporation in which said proceeding is had,
shall immediately issue an order to the sergeant or sheriff of such
county or corporation, directing him, unless within ten days there-
jBond, how given after the defendant shall enter into bond with sufficient security, in
the penalty of one thousand dollars, conditioned to answer the judg¬
ment of the court, and also to have forthcoming, when required hy
When liquor, law, any property alleged to be forfeited under this act, then at once
&c. to he seized gejze an(j take possession of the spirituous and malt liquors, grain,
distilling machine and other implements used or employed in making
liquor in violation of this act, and the grain, the distilling of which
is hereby prohibited, and hold the same subject to the judgment of
said court as herein provided.
5. Be it further enacted, that all corn, wheat or other grain pur¬
chased or obtained for the manufacture of liquor, in violation of the
provisions of the first section of this act, shall be forfeited to the com¬
monwealth. ' And it shall be the duty of all sheriffs, constables, com¬
missioners of the revenue and other officers of the commonwealth, to
make diligent enquiry into all violations of this act, and report the
same promptly to the attorney for the commonwealth or any justice
of the peace of the county in which the offence may be committed.
If any officer shall fail to perform the duties required of him by this
a,ct, he shall be fined at the discretion of a jury for each neglect or
failure, not less than ten nor more than five hundred dollars.
6. And be it further enacted, after such presentment shall have
been made, if the defendant should continue to operate his distillery,
it shall be the duty of the sheriff or sergeant to seize and take pos¬
session of the grain, distillery and liquors, unless he shall enter into
bond in the penalty of one thousand dollars, with the clerk of the
court in which said presentment is depending, conditioned that he
will cease the distillation of corn, wheat, rye or other grain.
7. All prosecutions under this act shall be tried at the first term
of the court in -which they may be instituted, unless good cause he
shown for a continuance.
Commencement 8. This act shall be in for^e within ten days from and after its
passage, and continue in operation during the present war.
When grain to
be forfeited
Penalty on
officer
Prosecutions,
when tried
MISCELLANEOUS.
103
Chap. 85.—An ACT to amend and re-enact the act entitled an act providing
for the employment of Negro Convicts on the Public Works, passed April
7th, 1858.
Passed December 6, 1861.
Be it enacted, that the act entitled an act providing for the em- Act of 1858
ployment of negro convicts on the public works, passed April seventh,
eighteen hundred and fifty-eight, be so amended as to read as follows :
1. Be it enacted by the general assembly, that the governor of this when free ne -
commonwealth shall at his discretion employ upon the public works ployed on public
owned wholly or in part by the commonwealth, all or any free negroes works
heretofore or who may hereafter be sentenced to confinement in the
penitentiary, during the whole or any portion of the term for which
they may he so sentenced, or cause the same to he hired to the pro¬
prietor of any iron works engaged iu making .iron to be used in
• manufacturing cannon or other munitions of war for the use of the
commonwealth of Virginia or of the confederate government, or any
salt works Or any other company engaged in the manufacture of iron._
or any internal improvement company.
2. That the governor of the commonwealth shall, at his discretion, Slaves sen-
.... . • .. . .. . .. . . fenced, when to
likewise employ upon the said public works, all or any slaves who ue employed
have been heretofore sentenced by the court to sale and transporta¬
tion beyond the limits of the United States, or who may hereafter be
sentenced by the court to sale and transportation beyond the limits
of the Confederate States, or who have been or may hereafter he
convicted of an offence, the punishment of which has been or may
be commuted by the governor to sale and transportation; or cause iron works
the same to be hired to the proprietor of any iron works engaged in
making iron to be used in manufacturing cannon or other munitions
of war, for the use of the commonwealth of Virginia or of the con¬
federate government; or any salt works, or any other company en¬
gaged in the manufacture of iron, or any internal improvement
company.
3. That the said convicts shall be employed upon the said works Kuies to be pre-
and in said iron works or other works, upon siich terms and under governor7 the
such rules and regulations as the governor may prescribe, in order to
promote the efficient direction of their labor to insure their safe keep¬
ing : provided, that in every case they shall be so employed, without
any expense to the commonwealth for transporting them to and from
work, or for maintenance, supervising and guarding them, except
that when employed on a work owned wholly by the commonwealth,
such expenses may be paid out of any funds applicable to the con¬
struction or repair of such work.
4. This act shall be in force from its passage.
Commencement
104
MISCELLANEOUS.
Chap.
-An ACT to prevent the Escape of Slaves in Tide Water
Counties.
Powers of
co-unty courts
Boats, how de¬
stroyed
Justices to be
summoned
Passed March 31,1869.
.1. Be it enacted by the general assembly, that the county courts
of all the tide water counties shall have power, upon the application-
of any three freeholders of their respective counties, to adopt such
measures as in their opinion may be necessary to prevent the escape
of slaves in boats to the public enemy: and for this purpose may
direct all boats to be removed from the water and secured in some
safe place; and when necessary may order the said boats to be de¬
stroyed, after having them valued by three discreet and disinterested
citizens. The value of said boats, upon proper proof exhibited, shall
be paid to the owners thereof, out of the county levy: provided, that
before any proceedings by the county courts under this act, all the
justices of the peace of said counties respectively shall be duly sum-
moned for that purpose, and a majority shall be present.
Commencement 2. This act shall be in force from its passage.
Chap. 87.—An ACT providing for Annual Sessions of the General Assembly.
Passed March 27,1862.
Preamble Whereas annual instead of biennial sessions of the legislature are
ordained by the amended constitution of Virginia, proposed by the
late convention, and ratification of said constitution at the late elec¬
tion may be ascertained and proclaimed by the governor, whereby
legislation may become necessary: Therefore,
Act of 1853 1. Be it enacted by the general assembly, that the first section of
the act passed the fifth of April eighteen hundred and fifty-three,
entitled an act to amend the first section of chapter fifteen of the
Code of Virginia, fixing the time and place for the meeting of the
general assembly, be so amended and re-enacted as to read as fol¬
lows :
When general aThe general assembly shall meet oh the first Monday in De-
assembiy to cember in the year eighteeti hundred and sixty-two, and every year
thereafter. It shall sit at the capitol in the city of Bichmond, but
may, during a session, or at the end thereof, adjourn to meet at any
other place."
Commencement ' 2. When the governor, in pursuance of the schedule to the
amended constitution and form of government for this common¬
wealth, proposed and submitted by the late convention of Virginia
MISCELLANEOUS.
105
to the voters for ratification or rejection, shall ascertain the result of
the votes to be a majority in favor of ratification, and shall proclaim
said amended constitution as ratified and adopted, and not till then,
this act shall be in force.
Chap. 88.—An ACT to authorize Vacancies to be filled pro tempore in cer¬
tain Offices, after the Ratification of the Amended Constitution.
Passed March 27,1862.
1. Be it enacted by the general assembly, that in the event of the Vacancies in
ratification of the constitution proposed by the late convention ofg^bie &c?how
Virginia, and the proclamation of the result by the governor, if any fllled
vacancy exist or occur in the office of constable, surveyor, commis¬
sioner of the revenue or overseer of the poor, in any county or. cor-,
poration, it stall be lawful for the court of the county or corporation
to fill such vacancy^ pro tempore, by the appointment of a suitable
person. Such person shall give bond and surety, and qualify for his
office according to existing laws, and shall thereupon be entitled' to
all the rights and be subject to all the duties and liabilities incident
to the office. The person appointed under this act may be super¬
seded in office by appointment under such laws as the general assem¬
bly may hereafter enact.
2. Be it further enacted, that in the event specified in the fore- Clerk and attor-
going section, if any vacancy exist or occur in the office of clerk, or mcmweaith1"
attorney for the commonwealth, it shall be lawful for the court of
the county or corporation, if the vacancy be of an office of the county
or corporation court; and for the circuit court, or the judge thereof
. irf vacation, if the vacancy be of an office of the circuit court, within
the terms of the said amended constitution, to fill such vacancy, pro
tempore, by the appointment of a suitable person, who shall be re¬
movable and be superseded in office by appointment under such laws
as the general assembly m^y hereafter enact. Such person appointed
under this act, shall give bond and surety, and qualify for his office
according to existing laws, and shall thereupon be entitled to all the
rights and be subject to all the duties and liabilities incident to the
office.
3. This act shall be in force from and after the proclamation of Commencement
the governor announcing the ratification or adoption of the amended
constitution, and not till then.
106
MISCELLANEOUS.
Office Of super¬
intendent of
weights and
measures abo¬
lished
Chap. 89.—An ACT to Abolish the Office of Superintendent of "Weights
and Measures, and transfer the duties of that office to the Register of the
Land Offiee.
Passed March 31, 1862.
1. Be it enacted by the general assembly, that the office of super¬
intendent of weights and measures be and the same is hereby
abolished; and that the duties required of the superintendent shall
be transferred to and performed by the register of the land office for
the time being, without additional compensation.
Commencement 2. This act shall take effect from the first day of April one thou¬
sand eight hundred and sixty-two.
Chap. 90.—An ACT authorizing the erection of a Gallery in the Hall now
occupied by the Confederate States Congress.
Passed March 31, 1862.
1. Be it enacted by the general assembly, that James Lyons,
Wyndham Robertson, John 0. Steger and Thomas H. "Wynne, or a
majority of them, be and they are hereby appointed commissioners
to contract for the erection of a gallery in the hall now occupied by
the house of representatives of the Confederate States, and to cut a
door in the wall at the foot of the steps now leading from the clerk's
office of that house, so that persons can ascend into said gallery from
the l^all in which the statue of Washington is, or to cut a door else¬
where, if they should deem proper.
Cost, how paid 2. When the said work shall be completed, the said commissipners
shall certify the cost of the same to the auditor of public accounts,
who shall thereupon draw his warrant upon the treasury for the same,
out of any money in the treasury not otherwise appropriated.
Commencement 3. This act shall be in force from its passage.
Commissioners
appointed
Gallery
Chap. 91.—An ACT changing the Lines of Pulaski and Wythe Counties.
Passed March 10, 1862.
County lines 1. Be.it enacted by the general assembly, that so'much of the
changed line that divides the county of Pulaski from the county of Wythe,
where the said line intersects with the second corner of Joshua A.
Holmes' land, described as two white oaks on' a ridge, shall be and
MISCELLANEOUS.
107
the Bame is hereby changed, so that the dwelling house and planta¬
tion of the said Joshua A. Holmes shall"be included within the
county of Pulaski.
2. This act shall be in force from its passage. Commencement
Chap. 92.—An ACT requiring the Penitentiary Storekeeper to make Quar¬
terly Reports to the Board of Directors. " ;
Passed March 10,1862.
1; Be it enacted by the general assembly, that the penitentiary Quarterly state-
storekeeper shall be and he is hereby required to render to the board made8' h°W
of directors of the penitentiary quarterly statements of the transac¬
tions of the entire subjects over which he has control, the first quar¬
ter commencing on the first day of April eighteen hundred and sixty-
two ; and in case of bis failure to do so for ten days after the end of
each quarter, he shall forfeit his entire commissions for each quarter
in which he shall fail to make such statement.
2. This act shall be in force from its passage.
Commcacemeal
PRIVATE OR LOCAL ACTS.
Chap. 93.—An ACT to amend an act entitled an act amending the Charter
of the Town of Danville, passed March 4th, 1854, and incorporating into
one the subsequent acts amendatory thereof.
Passed March 7, 1862.
1. Be it enacted by the general assembly, that the territory com- charter
prehended and included in the following boundaries, vizBeginning corporate limits,
at a point on Dan river, directly opposite a spring called Lynn's
spring, on the canal; thence, by said spring, in a direct line, to the
northwest corner of the public burying ground; thence, along the
western.line of said burying ground, to the southwest corner of the
same; thence, in a direct line, to the southwest corner of William
T. Sutherlin's lot, including the same, and following the line of the
said lot until it reaches the southeast corner thereof; thence, in
a direct line, to the junction of the road leading by Nathaniel T.
Green's with Calhoun street, leading by the house lately owned by R.
L. Downes, and now by Thomas Grasty; thence, along the south¬
west side of said street, to the southwest corner of the said Grasty's
lot, in the line of the said Nathaniel T. Green; thence, along the
said Grasty's southern line, to the rear of his lot; thence, with the
back line of said lot, until it reaches the northeast corner of the
same; thence, in a direct line, to the southern bank of Dan river,
to a point where once Stood a large poplar tree, which marked the
northeast corner of the town; thence, up the southern bank of the
said river, as it meanders, to the beginning—shall continue to be the
town of Danville: and the white inhabitants within said boundaries,
and their successors, shall be a corporation, under the name and
style of The Town of Danville; and the fifty-fourth and fifty-sixth
chapters of the Code of Virginia, so far as they are consistent with
this act, shall be applicable to said corporation and to the council of
said town. •
2. There shall continue to be for the said corporation a court of Municipal an-
record, which shall be called "the court of hustings for the town 0fthority'
Danville;" and the same shall be held by the mayor and aldermen of
said town, or any three or more of them, except where it shall be
otherwise provided. The' monthly terms of said court shall be held Time 0f holding
on the Thursday before the third Monday in each month, and the courts
quarterly termB thereof shall be in the months of March, June, Au¬
gust and November.
110
TOWNS.
Jurisdiction 3. The jurisdiction of said court, except as to matters of police,
which shall belong to the council, shall correspond with that of the
county.courts as established 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 taile
without and around the limits of said town, in all matters arising,
within the said town or 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 in court,
as the justices of the peace of the county courts within this common-
Compensation wealth receive; to be paid by said corporation : provided, however,
that not more than three aldermen shall receive compensation for
any one day of such services in court, unless Such court be a court of
oyer and terminer. And the said aldermen shall classify themselves
for services in court, in like manner as justices of the peace in coun¬
ties are classified by law; and any presentment in said court by a
grand jury for an offence against the said laws, committed within the
jurisdiction ofe said court, may be presented in said court in like man¬
ner, and like proceedings be had thereon as in the county eourt of
Pittsylvania; and the said court of hustings shall bear the same re¬
lation to the circuit court for the town of Danville as the county
court of said county bears to the circuit court thereof; and appeals
may be taken, and writs of error, supersedeas! certiorari, and any
other judicial writ may be sued out and prosecuted in like manner
as is done in the county courts of the commonwealth.
Delegated'
powers
Corporate
powers, where
vested
Election of
clerk
4. The court of hustings shall have the sole power to settle tavern
rates, and to license, in the manner prescribed bylaw, tavern keepers
and retailers of wine, ardent spirits, or a mixture of either, within
the limits of said town.
5. There shall be a board, called " the council of the town of
Danvillewhich shall be composed of eight members, any five of
whom shall constitute a quorum for the transaction of business.
6. There shall be held annually an election on the third Thursday
in May, or in case of a failure from any cause to hold the election on
that day, on such day thereafter as the council shall appoint, to elect
a mayor, nine aldermen, eight councilmen, a sergeant, treasurer and
a commissioner of the revenue for the corporation.
7. A clerk for the court of. hustings shall be elected every -sixth
year, and an attorney for the commonwealth in the. same court, every
fourth year, on the day on which the election shall be held for the
officers provided for in the section immediately preceding this.
8. In all elections for officers of .the corporation, every free white
male citizen of the commonwealth, twenty-one years of age, who
TOWNS'.
Ill
shall have resided in the said town for the spacfe of twelve months
next immediately preceding such election, and paid the corporation
tax of the preceding year, if he shall have been assessed with any,
shall have the right to. vote, and be eligible as a member of the
council or of the court of hustings; and in all other elections, those
who are qualified to vote for members of the general assembly shall
'be permitted to vote.
9. The said, elections shall be held at,the courthouse of said town,
or at such other place ih the corporation as the council shall appoint.
The council shall in all cases cause to be published due notice of -the
time and place for holding such elections, for at least two weeks in
one or more newspapers published in the said town, if any such
newspaper be then in course of publication in said town'. *
10. For superintending said elections, the council shall, previous
thereto, appoint three commissioners, any two of whom may act;
and said commissioners shall have such powers and perform such
duties as are prescribed by the sixth section of chapter seven of the
Code of Virginia, and shall take the oath" required in the seventh
section of said chapter, a certificate of which shall be returned to the
clerk of the council, to be preserved in his office. The second sec¬
tion of said chapter shall apply to the poll at such election.
11. It shall be the duty of the sergeant, either by himself or
deputy, under the superintendence and control of said commission¬
ers (after having taken the oath prescribed by the tenth section of
the said chapter, a certificate of which shall be returned to the clerk
of the council), to conduct the said election. 'He shall cause the
polls to be publicly opened; proclaim and see recorded the votes
admitted by the commissioners; preserve order and remove force.
He shall employ writers, at such rate of compensation as the council
may direct; and such writers shall respectively take an oath, to be
administered by the sergeant or deputy,'to record the votes faithfully
and impartially. He shall deliver' to each winter a poll book for
.those officers as to whom such writA is to record the vDtes, and each
writer shall enter the name of each voter in a column to be headed
"Names of voters;" and on a line with such name he shall enter
the initial letters of the name of such voter, or a cross mark, if the
commissioner so direct, under the name of each person for whom he
votes for any of said offices. The said votes shall be given as pre¬
scribed by the fourth section of the third article of the constitution;
but* at the time the vote is given the officer shall receive from each
voter a paper or ticket (with his name written on it), which shall
specify the names of the persons for whom he votes, and for what
offices.
12. After the names of all persons qualified, who have offered to
vote within the time prescribed, by law, have been entered, the poll
shall be concluded, and as soon thereafter as practicable the commis-
112
TOWNS.
sioners and officers conducting the election shall examine the polls,
strike therefrom the votes, above one, of any person who has voted
more than once, attach to the poll a list of the votes stricken there¬
from, with the reasons therefor, and certify the correctness of the poll
so taken.
13. The certificate of said officer, with the poll books, of the elec¬
tion of the clerk of the court of hustings and attorney for the com¬
monwealth, shall be delivered by them to the clerk of the hustings
court, to be preserved in his office; and their certificates and the
poll books of all other elections shall be delivered to the clerk of the
council, to be laid before that body, and preserved in his office.
14. In all elections for clerk of the hustings court and attorney
for the commonwealth, in case two or more persons shall have the
highest and an equal number of votes, the officer conducting the
elections shall decide forthwith by lot to whom the certificate shall
be given; and he shall forthwith set up at the front door of the
courthouse a notice of the result of said election.
15. The council may decide between two or more persons having
the highest and an equal number of votes for the same municipal of¬
fice, which of them is elected; prescribe the manner of determining
contested elections for such offices in cases not provided for in this
act; and in. regard to any other question in respect to which it di¬
rects a poll to be taken, it may make such rules and regulations as it
may deem proper.
16. The mayor, aldermen and members of the council, who may
be in office at the time their successors are elected, shall continue in
office until such successors, or a legal quorum thereof, are qualified;
and all other persons holding office mentioned in the sixth and se¬
venth sections of this act, shall continue in office until their succes¬
sors shall qualify.
Vacancies, how 17. All vacancies in any of said offices, occasioned by death, re-
filled *
signation or otherwise, shall be filled by a new election for the unex¬
pired term thereof. To fill a vacancy in the office of the clerk of the
court of hustings and attorney for the commonwealth, the writ shall
be issued by the said court, directed to the sergeant of the corpora¬
tion, who shall hold the election under the superintendence of com¬
missioners to be appointed by the court, any two of whom may act.
In all other cases, the writ for a new election shall be issued by the
council, and the election shall be held by the sergeant, under the su¬
perintendence of commissioners in like manner appointed by them.
Form of eleo- The said elections shall be held and conducted, and the returns made
and contests conducted and decided in the same manner as in gene¬
ral elections of said officers. In case of a vacancy in the office of
clerk of the court of hustings, the court ihay appoint a clerk pro
tempore.
TOWNS.
113
18. The" mayor, aldermen and members of the council, within
one week after their election, or as soon thereafter as convenient,
shall make oath or affirmation, before the mayor, or an alderman for
the time being, faithfully and impartially to discharge the duties of
their respective offices, and shall take the other oaths of office pre¬
scribed by the Code of Virginia.
19. The council shall, immediately after qualifying, or as soon
thereafter as may be, convene, and elect a president and a clerk.
The president shall be one of their own. body, and shall preside at
all times when present, and -in his absence the council may elect a
president pro tempore. The .clerk shall keep a faithful record of the
proceedings of the council, and in another book, to be kept for the
purpose, a fair copy of every ordinance, by-law and regulation which
may be made and adopted by the same. All ordinances, by-laws,
rules and regulations of the council shall be signed by the president
and attested by the clerk. '
20. The mayor shall be the chief executive officer of the corpora¬
tion; preside in-the hustings court when present; exercise control
' and superintendence over the police officers, and administer the
police regulations of the town. And should a vacancy in the office
of mayor occur from any cause, its duties shall devolve on the senior
alderman until,- by a new election, such vacancy shall be filled ; and
to determine who is the senior alderman, it is hereby declared that
he who received the highest number of votes at the general election
shall be so regarded; and should two or more have received the
highest and an equal number of votes, then it shall be decided by
. lot who is the senior.
21. The council shall have power "to purchase, receive, lease and
hold lands, tenements, goods and chattels, either in fee simple or any
. less estate therein, either for the use of the said town,, or in trust for
the benefit of any persons or associations therein; and the same to let,
sell, or grant or assign again; to purchase a quantity of land, not
exceeding fifty acres, outside of said town, for the purpose of a ceme¬
tery, with jurisdiction over the same, for its proper use and preser¬
vation ; to erect a toyyi hall and market house, and regulate the
same; a work house, jail and other- buildings deemed necessary and
convenient for the said town; to establish and organise fire com¬
panies, and purchase engines ; to regulate and graduated the streets
and alleys of said town, and pave the same; to have the footways or '
Bidewalks of the streets paved at the expense of the owners or oo-
cqpiers of the lots or parts of lots: and in case they or any of them
shall neglect or refuse to pave the same when required, it.shall 'be
lawful for the council to have the same paved, and recover the ex¬
pense thereof, for the use of the town, before the mayor or any alder-
roan of the corporation: and in all cases where a tenant shall be re-
8
1 u
TOWNS.
quired to pave in front of the property in his or her occupation, the
expense of pavement shall'be a good offset against so much of the
rent as he shall have paid towards such pavement. The council
shall have power to open and establish new streets and alleys in the
said town, whenever it shall think the public convenience requires
it ; grant or refuse licenses to auctioneers, hawkers and peddlers,
keepers of bowling alleys, or for theatrical performances, or for any
other public show or performance to be used or exhibited in said
town, or in one mile thereof; to impose a tax on any such lieense,in
addition to any tax paid to the state; and to adopt in all such cases
such rules and regulations as it may deem proper; to prevent the
practice of running horses and firing guns in said town; to levy a
fine on those who create a nuisance, public or private; to lay and
collect taxes on the real estate in said town, in proportion to its
value, such value to be ascertained in such manner as the council
may prescribe: provided, that the same does not exceed one-half of
one per centum on each hundred dollars value; to tax slaves in said
town above the age of twelve years, and such other property therein
as it may deem proper; to tax dogs in such manner as they may pre¬
scribe ; to tax the occupiers of houses and all free male persons in
the town above the age of sixteen years: and in order the better to
determine what persons are liable to taxation in said town, it is here¬
by declared that all tithable persons resident in said town on the
first day of February shall be subject to taxation the then current'
Delegated year. The council shall also have power to appoint all officers neces-
powers sary for conducting the affairs of the corporation, "not otherwise pro¬
vided for imthis act; to take from the treasurer, and the sergeant as
collector of the corporation taxes, bonds with security in such penal¬
ties and with such conditions as to the council may seem fit, payable
to the town of Danville; and to make such by-laws, rules and regu¬
lations for the government of said town, as shall not be contrary to
the constitution and laws of the Confederate States or of this state;
and to enforce the observance of all such by-laws, rules and regula¬
tions, by reasonable fines and penalties, not exceeding for any one
offence the sum of twenty dollars, to be recovered with costs, be¬
fore the mayor or any alderman of said town; such fines to be paid
into the treasury of the town; and by^corporal punishment when
other than white persons hre offenders.
22. The council may, in the name and for the use and benefit of
said corporation, subscribe to the stock of any company incorporated,
for the purpose of constructing any improved or artificial road to the
said town: provided the question of subscription shall have been
first submitted to the qualified voters of said town,' and two-thirds of
the persons voting upon the said question shall "have approved the
same. It may also contract loans and issue certificates of debt, and
provide a sinking fund for the payment of the same; but no loan
contracted shall be irredeemable for a longer period than thirty-four
TOWNS.
115
years, nor shall the outstanding debt of the said corporation at any
•one time, exceed the sum of seventy-five thousand dollars.
23. The council may grant compensation, out of the funds of the Compensation
town, to the mayor; which shall be fixed by law, and which shall
not be increased or diminished during the term for which he is
elected; to commissioners of the revenue, treasurer, and to any
other officers appointed by their own body. They shall- also make
provision for the payment of such salary to the attorney for the
commonwealth, and such compensation for ex-officio services, to the
clerk of the hustings court and the sergeant of the corporation, as
the said hustings court shall deem reasonable, the same having been
certified to them by the direction of the said court.
24. The mayor and aldermen of 1he said town, when elected and Delegated
qualified, shall be conservators of the peace within the jurisdiction powers
prescribed by the third section of this act, and as such, exercise all
the powers given to a conservator of the peace by chapter two hun¬
dred and one of thd Code of Virginia.
25. The collector of the taxes of said town may distrain' and sell Delegated
therefor in like manner as a sheriff may distrain and sell for state power8
taxes, and shall have in other respects like power to enforce the col¬
lection of the same; and there shall be a lien on real estate in said
town for .the taxes' assessed thereon, from the first day of February
in each year for which it was assessed. The council may require
real estate in the said town, delinquent for the non-payment of taxes,
to be'sold for the same, with interest thereon, and such per centum
as it may prescribe for charges, and it may regulate and prescribe
the terms on which real estate so delinquent may be redeemed.
26. The sergeant of said corporation may appoint as many.depu- Delegated
ties as he may think the business and duties of his office require, to powers
• be approved by the court of hustings. He shall execute and return
all process lawfully directed to him, and shall moreover be the col-
• lector of the state revenue in said town; and as such, shall have all
the powers, and shall be subject to all the duties and liabilities of a,
sheriff, -and be entitled tp like compensation for his services therein
as are prescribed by the Code of Virginia. And should the said
sergeant, as the collector of the taxes of. the said corporation, fail to
collect and pay over the same at the time prescribed by the council
of said town, he and his securities in the bond which he shall have
given for that purpose, his and their executors and administrators,
shall be subject to such proceedings,, by motion or otherwise, before
the court of hustings of said town, for enforcing the payment over
of such taxes at the suit of said town, as are prescribed by the Code
of Virginia in proceedings against sheriffs.
27. No person shall be capable of holding at the same time more Proviso
116
TOWNS.
than one of the offices enumerated or, mentioned in the sixth section
of this act.
28. The corporation of the-town of Danville shall have all the es¬
tates, rights, titles and privileges, all the funds, revenues and claims,
and all the powers, capacities and immunities which were vested in,
or conferred upon, or belonged or appertained to the corporation of
the town of Danville, or to the mayor and commonalty of the town
of Danville', by or under any acts of the general assembly heretofore
passed, and not in conflict with this act.
Delegated 29. All the estates, rights, titles and privileges, and all the funds,
powers revenues and claims of the town shall be under the care, manage¬
ment, control and disposition of the council, and all the corporate
capacities, franchises and immunities of the town shall be exercised
by the. same, or under its authority, unless where it is otherwise ex¬
pressly provided.
30. All acts and parts of acts coming within the purview of this
act, are hereby repealed; but all rights accrued, proceedings had,
and all claims and contracts under existing laws and ordinances now
in force, shall not be affected thereby, but continue and remain as if
this act had not been passed.
"Commencement 31. This act shall be in force from its passage.
First section
of act 1818
-amended
Chap. 94.—An ACT to amend and re-enact the 1 st section of the act entitled
an act to extend the jurisdiction and. enlarge the powers of the Corporation
of the Borough of Norfolk, passed February 4th, 1818;
Passed March 29, 1862.
1. Be it enacted by the general assembly, that the first section of
the act entitled an act to extend the jurisdiction and enlarge the
powers of the borough of Norfolk, passed February fourth, eighteen
hundred and eighteen, be so amended and re-enacted as to read:
Jurisdiction ex¬
tended
Form of pre-
sen t men t
44 § 1. That the jurisdiction of the corporation of the city of Nor¬
folk, of the mayor, recorder and aldermen thereof, as justices of the
peace, tand of the court of hustings, in all cases, civil and criminal,
shall extend to all vessels,-persons and things in the port or harbor, or
on the Elizabeth river, and its intersecting water, from the southern
limits of the navy yard on tire southern, and for one mile from the
City limits on the eastern branch of said river, to and in Hampton
Roads, as far as Old Point Comfort, and for the space of one mile
without and around any part of the eastern, northern and western
boundaries of said city; and any presentment made by a grand jury
in the said hustings court of said city, for an offence against the
TOWNS.
117
laws of- the commonwealth, committed within the jurisdiction of said
hustings court, may he prosecuted in said court, and the like pro¬
ceedings he had therein as in the county courts of the commonwealth:
provided, however, that nothing contained in this section shall he so Proviso
construed as to infringe or impair the rights of the justices and the
courts of Norfolk county and the city of Portsmouth, as by law
established."
2. This act shall be in force from its passage. ' Commencement
Chap. 95.—An ACT amending the Charter of the Town of Fredericksburg.
Passed January-8, 1862.
• 1. Be it enacted .by the general assembly, that the police officers Delegated
of the town of Fredericksburg shall be conservators of the peace in powers
the said town, and in all criminal cases shall have the same powers,
perform the same duties, be entitled to the same fees, and be subject Pees
to the same penalties that are prescribed by law to constables.
2. This act shall be in force from its passage. Commencement
Chap. 96.—An ACT amending an act passed the 28th day of March 1861,
entitled an act amending the Charter of the Town of Union in the County
of Monroe.
Passed March 28, 1862.
Be it enacted by the general assembly, that the first, second and Certain seetioa*
third Sections of the act passed on the twenty-ninth day of March amended61
eighteen hundred and sixty-one, entitled an act amending the char¬
ter of the town of Union in the county of Monroe, be amended and
re-enacted so as to read as follows:
1. Be it enacted by the general assembly, that the hoard of trus- Delegated
tees of the town of Union in the county of Monroe shall annually pQwers •
appoint a sergeant of said town, whose duty it shall he to collect all
the town taxes, levies and fines. He shall give bond and security, Bond to be givea
to be approved by the board, in the penalty of three thousand dol-
. lars, payable to the commonwealth, conditioned for the faithful per¬
formance of his duties as such sergeant, and shall take the several
oaths prescribed by law for officers, to be administered by or in the
presence of said board, a minute whereof shall be recorded by the
board. And thereupon the said sergeant shall have all the powers Delegated
in said town, anda be liable to all the liabilities of a constable of a Liabilities
•county; and may act in all civil and criminal cases within the said
town of Union, tn the same extent as a constable of a county; and
118
TOWNS.—PRIVILEGES, ETC.
Record pre-
served
Liable to- taxa¬
tion
his bond, when approved of as aforesaid, shall he- recorded by the
board, and filed in the clerk's office of the county court of Monroe
county for safe keeping, and may be put in suit from time to time, in
the same manner as constables' bonds are put in suit. Upon a fail¬
ure to collect the taxes or fines of said town, and pay the same over
according to law, or to collect and pay over all claims placed in his
hands for collection as a constable, the board of trustees, or other
person aggrieved, shall have power and authority to .proceed upon
said bond, in the circuit or county courts of the. county of Monroe, by
motion or otherwise. All persons and property resident or situated
in town on the first day of February, shall be liable to taxation for
the eurrent year.
Oath of office
Delegated
powers
Fees
2.' That each member of said board shall be a conservator of the
peace in said town, and for one mile around the same. The presi¬
dent of the board shall be mayor of the town, and as such, shall
take the oath of office, and the oaths prescribed by law for other offi¬
cers, before or in the presence of said board, of which a minute shall
be made in the proceedings of the board. The mayor shall have all
the jurisdiction of a justice of the peace in both civil and criminal
cases, within the limits of the said town of Union, reserving to the
parties the same right of appeal from his judgment that they have
from the judgment of a justice. He shall also be entitled to the
same fees for taking depositions, the acknowledgment of deeds, and
so forth, which are allowed to justices, and may be allowed a sum for
his services by the board, not exceeding fifty dollars per annum.-
Delegated
powers
'' 3. ' The board of trustees, instead of the County court, shall have'
power to appoint patrols in and for said town, and - for one mile
around the same.
Commencement 4. This act shall be in force from its passage.
CiIAP. 97'.—An ACT for the relief of John S. Currell, James W. Gresham,
administrator of George W. Flowers, and William N. Kirk.
Passed January 25,1862.
Amotun'appro- 1. Be it enacted by the general assembly, that the auditor of
priated public accounts be and he is hereby directed to pay, out of any
money in the treasury not otherwise appropriated, the sum of six
hundred dollars to John S. Currell, the assessed value of a negro
slave named Randall, convicted of felony by the county court of
Lancaster county; to James W. Gresham, administrator of George
W. Flowers, the sum of eight hundred dollars, the assessed value of
a negro slave named Hiram; and to William N. Kirk, the sum of
PRIVILEGES, ETC.
1X9
six hundred dollars, the assessed value of a- negro slave named
Spencer; the said two last mentioned slaves being also convicted of
felony by the said county court of Lancaster.
2. This act shall he in force from its passage. Commencement
Chap. 98.—An ACT to authorize the County Court of Powhatan County
■ to correet the assessment of the Lands of A. S. Wooldridge's estate..
Passed March 20, 1862—
1. Be it enacted by the general assembly, that the county court of Assessment,
Powhatan county is hereby authorized to correct the assessment ofhow corrected
the tract of land in said county, called the "Huguenot springs tract,''
containing about one hundred and fifty acres, which stands on the
commissioner's -books as part of the estate of A. S. Wooldridge
deceased: provided, however, that the court shall summon the late
assessor of the said county to appear, and such other evidence as in.
the opinion of the court may be necessary in the case, the attorney
for the commonwealth being present.
2. This act shall be in force from its passage. Commencement
Chap.- 99.—An ACT authorizing a reassessment of a- House and Lot in
Lynchburg, owned by Barney McKinney and Jamps' Casey, and for "the
repayment to them of certain Taxes.
Passed March 1, 1862. .
1. Be it enacted by the general assembly, that it shall be lawful
for Barney McKinney and James Casey, of the city of Xynchburg,
assessed with a house and lot number four hundred and sixty-four in •
said city, to apply'to the- court of hustings of said city, within six
months from the passage of this act, to have the assessment of said
house and lot corrected: provided, that before making such applica- Proviso
tion, they give notice to the assessor and the attorney of the cofu-
monwealth for said city, and that" they shall be subject to all the
restrictions, and be governed by all the provisions of the act passed
the tenth of March eighteen hundred and fifty-six, except so far as
the same may he inconsistent with the provisions of this act, and
shall also incur and pay all legal costs attending such application or
correction: and provided also, that the action of said coitrt, in con¬
sidering the subject or granting any relief herein provided for, shall
be based upon and governed by what, in the opinion of the court,
was the true value of the .land at the time the assessment of such
• land was made.
120
PRIVILEGES, ETC.
Amount appro- - 2. When the provisions of the foregoing section shall have been
printed ■ complied with, and a return thereof made to the auditor-of
public accounts, he the said auditor >is hereby authorized and required
to refund to Barney McKinney and James Casey, out of any money
in the treasury not otherwise appropriated, the taxes, if any, impro¬
perly paid by them, by reason of the erroneous assessment of eighteen
hundred and fifty-six.
Record, how 3. The correction of the assessment made under the provisions of
preserved . jhjg act shall be entered on the book of town lots -of said city by the
commissioner of the revenue of the same for the year eighteen hun¬
dred and sixty-two; and such assessment, so made, shall be certified
by the clerk of the hustings court of said city to the auditor of public
accounts, and such certificate shall serve as a voucher for the sheriff
of said county in his settlement with the auditor.
Commencement, 4. This act shall be in force from its passage.
Chap. 100.—An ACT to authorize the Auditor of Public Accounts to settle-
the Claim of the Commonwealth against the Sureties of John A. M. Lusk„
late Sheriff of Rockbridge County.
Passed March 29, 1862.
Auditor to settle 1. Be it enacted by the general assembly, that the auditor of pub-
cla,m- lie accounts' be and he is hereby authorized to settle the claim of the
commonwealth against the sureties of John A. M. Lusk, late sheriff
of Rockbridge, on, account of a collateral inheritance tax collected of
Hopkins and Campbell, by receiving from said sureties the amount
refunded by the state to said Hopkins and Campbell, with interest at
six per centum from the time it was so refunded, and the, costs in-
Proviso curred in the proceedings against them: provided, however, that this
act shall not be in force, unless said sureties shall so settle said claim
against them within thirty days from the passage of this aet.
Commencement 2. This act shall be in force from its passage.
Chap. 101.—An ACT refunding to the Securities of Thomas K. Davis, late-
Sheriff of "Prince William County, Damages paid by them as such.
Passed March 4, 1862.
Amount appro- 1. Be it enacted by the general assembly, that the auditor of public
priated accounts is hereby authorized and directed to issue his warrant on
the treasury of the commonwealth, to be paid out of any money in
the treasury not otherwise appropriated, in favor of the securities of
PRIVILEGES, ETC.
121
.Thomas K. Davis, late sheriff of Prince William eounty, for the
damages by them' paid into the treasury of the commonwealth as
such securities, after deducting the actual expenses of collection.. But Conditions
the said, securities shall hot have the benefit of this act, unless within
sixty days after the' passage hereof, 'they pay into -the treasury all
that remains of the principal unpaid, interest, damages* costs and
other dues to t£e commonwealth, for which" the said securities may
be liable: provided, however, that nothing herein contained shall be
so construed as to release the said Thomas K. -Davis from the pay¬
ment, of said damages.
2, This act shall be in force from its passage. Commencement
Chap. 102.—An ACT for the relief of William T. Fitchett, Commonwealth's
Attorney for the County of Northampton.
Passed March 15,1862.' . ■
1. Be-it enacted by the general assembly, that the auditor of Amount appro-
public accounts be required to issue his warrant, on the treasury, pnated
payable out-of any money therein not otherwise appropriated, in
favor of William'T. Fitchett, .or his legal representative, for the
sum of fifty dollars, for services rendered by the said William T..
Fitchett as commonwealth's attorney for the county of Northampton
during the year eighteen hundred and sixty-one,
2. This, act shall be in force from i,ts passage. Commencement
Chap. 103.-J-An ACT for the relief of John W. Vaughan and others. •
Passed March 12, 1862.
1. Be it enacted by the general assembly, that the auditor of pub- Amount appro-
lic accounts be and he is' hereby authorized and required to is.sue his priated
" warrant upon the treasury, payable out of the special fund deposited
therein by J. J. Simpkins, late collector at the port of Norfolk, un¬
der the federal government, by order of the governor of this com¬
monwealth, in favor of John W. Vaughan, for the sum of one hun¬
dred and fifty-five dollars and fourteen cents; in favor of James M.
Vaughan, for the sum of one hundred and twelve dollars; in favor
of R. B. Chisman, for the sum of sixty-seven dollars and twenty
cents; in favor Of A. Thomson, for the like-sum of sixty-seven dol¬
lars and twenty cents; in favor of William Clinton, for the like sum
of sixty-seven.dollars and twenty cents; and in favor of James Mc-
Farlane, for the like sum of sixty-seven dollars and twenty cents—
these being the several sums of money claimed to he due to the per-
122
privileges, etc.
sdns herein mentioned, for services rendered as keeper, mate and
seamen aboard of the light vessel at Willoughby Spit, from the first
day of January to the twenty:second day of April eighteen hundred
and sixty-one ; also in favor of Thomas L. Kendal, for the .sum of
one hundred and twenty-five dollars, and in favor of John U. Wrenn,
for the sum of seventy-five dollars-—these being the several sums of-
money claimed to be due to the last named persons as keeper and
assistant keeper of the. light-house at Point of .Shoals, from the first
day of January to the thirty-first d'ay of March, eighteen hundred
and sixty-one : also in favor of George W. Harrison, for the sum of
one hundred dollars, that being the sum due the said Harrison as
keeper of Jordan's Point light-house from the first of January to the
thirty-first of March eighteen hundred and sixty-one.-
ProviBo 2. Before payments shall be made under this act to the persons
entitled thereto,, satisfactory evidence shall be produced to.the audi¬
tor of public accounts of the justice and amount of their claims, and
of their, loyalty to the state and to the confederate government.
Commencement 3. This act shall be in force from and after its passage.
Chap. 104.-^An ACT authorizing the Judge of the Court of Hustings of
the City of -Richmond to grant a new Trial in the case of the Common¬
wealth against Edward Kersey and Hammett A. Pearce.
Passed February 1, 1862.
Judgment to be 1. Be it enacted by the general assembly, that the judge of the
court of hustings for the city of Richmond be and he is hereby
authorized to set aside a judgment heretofore rendered by him on a
forfeited recognizance against Edward Kersey and Hammett A.
Pearce, for the sum of three hundred and twenty-five dollars and
Case reinstated one cent, in favor of the commonwealth of Virginia, and to reinstate
. the case in which the said judgment was rendered upon the docket,
for a new trial thereof.
Commencement 2» This act shall be in force from its passage.
Chap. 105.—An ACT for the relief of. E. A. W. Hore, late Sheriff of
Stafford County.
Passed March 29,1862.
Auditor to re- J. Be it enacted by the. general assembly, that the auditor of
public accounts be authorized to restate his settlement with E. A.
PRIVILEGES, ETC.
123
W. Hore, late sheriff of Stafford county, and remit and refund any
damages, interest • and costs which may appear to have heen impro¬
perly recovered and paid by said sheriff.
2. This act shall be in force from its passage. Commencement
Chap. 106.—An ACT to pay to John Kelley, surviving partner of Kelley
& Larguey, the amount of a judgment of the Circuit Court of the City
of Richmond against the Board; of Public Works..
Passed March 27, 1862.
1. Be it' enacted by the general assembly, that the auditor of Amount appro-
public accounts be directed to issue his warrant on the treasury, pnated
payable out of any.money therein not otherwise appropriated, in
favor of John Keliey, surviving partner of Kelley & Larghey, for
the sum Of seventeen thousand three.hundred and sixty-four dollars
and seventy-one Cents, with interest- from the nineteenth day of
February eighteen hundred, and sixty-one, that being the sum reco¬
vered by judgment in his favor against the board of public works, in
the circuit court of the city of Richmond, on the fifth day of June
eighteen hundred and sixty, on account of a contract between Kelley
& Rarguey and the board of public works, for the construction of
the Blue Ridge tunnel on the Blue Ridge rail road.
2. This act shall be in fo.rce from its passage. Commencement
Chap. 107.—An ACT for the relief of the Securities of Robert 0. Doss, late
Sheriff of the County of Campbell.
Passed March 10, 1862.
Whereas the act of twenty-ninth March eighteen hundred and Preamble
sixty-one. is not deemed sufficient to afford to the securities of Robert
0. Doss, late sheriff of the county of Campbell, the relief thereby
intended:
1. *Be it enacted by the general assembly, that.the auditor of pub-Amount appro-
lie accounts is hereby authorized and directed to issue his warrant on pnated
the treasury, payable out of any money therein not otherwise ap¬
propriated, in favor of said securities, for the sum of four hundred
and eighty-one dollars and thirty-five cents; that being the amount
standing to the credit of said securities, upon the release of the
damages authorized to be released by said act.
2. This act shall be in force from its passage.
Commencement
124
PRIVILEGES, ETC.
Chap. 108.—An ACT for the relief of Joel D. Ashberry, Wescon Lewis and;
others, being the Officers and Crew of the York Spit Light Vessel.
Passed March 15, 1862.
1. Be it enacted by the general assembly, that the board created
by an ordinance of the convention of Virginia to audit and settle the
■ army and navy expenses, be and, they are hereby authorized and re¬
quired to allow to Joel D.. Ashberry, Wescon Lewis, Augustine Sad¬
ler, Joel Shackleford, Robert Owens, William Owens and-George
White, their claims for services rendered on board the York Spit
light vessel from the first of January to sixteenth of April eighteen
hundred and sixty-one, or for any portion of said time, upon the pre¬
sentation before said, board of the proper evidence of said service.
Appropriation But the amounts to be paid to the aforesaid persons shall not ex¬
ceed the rate of compensation to which. said parties were severally
entitled from the United States.
2. That when said claims, or either of them, are established by
proper evidence as aforesaid, the same, or such as shall be so estab¬
lished, shall be paid by the auditor's warrants upon the treasury, to
be paid out. of the fund of six thousand and eighteen dollars ,and
seventy cents, deposited ?n the treasury by Dr. J. J. Simpkins,
late superintendent of lights, and collector of customs of the United
States, in pursuance of an order of the executive of thirtieth of Au¬
gust eighteen hundred and sixty-one.
Commencement 3. This act shall be in force from its passage.
limited
How appro¬
priated
Ciiap. 109.—An ACT allowing further time to the Owners of Lots in the
Town of Columbia in the County of Fluvanna to build on and improve
the same.
Passed March 14,1862.
Extension of . 1. Be it enacted by the general assembly, that the further time of
111110 ten years (to be computed from the expiration of the time heretofore
prescribed by law) shall be and is hereby allowed to the owners of
lots in the town of Columbia in the county of Fluvanna, to build on
Forfeitures and and improve the same, hereby remitting all forfeitures and penalties
nutted6316 which may have accrued under the act of assembly establishing the
said town, or under any amended act in relation to the same.
Commencement 2. This act shall be in force from its passage.
PRIVILEGES, ETC.
125
Chap. 110.—Ah ACT for the relief of Archibald M. Drew.
Passed March 28,1862.
1, Be it enacted by the general assembly, that the auditor of pub- Amount appro-
lie accounts be and he is hereby-authorized and required to issue his"Paated
warrant-on the treasury, payable out of any money therein not other¬
wise appropriated, in favor of Archibald M. Drew of the county of
Prince George, for the sum 6f eighty dollars; being the ajnount paid'
into the treasury for license tax improperly paid.
2. This act shall be in force from its passage. Commencement
Chap. 111.—Ah ACT compensating David W. Frobel, for services connected
with the Militiarof Nicholas and Greenbrier Counties.
PaSEed March 28, 1862.
' 1. Be it enacted by the general assembly, that the- auditor of pub- Amount appro-
lie accounts be and he is hereby directed to issue -'his warrant upon pnated
the treasury in favor of David W. Frobel, for fifty dollars,, for services
connected with the militia of Nicholas and Greenbrier counties, un¬
der the orders of the colonels of the regiments of said militia.
2. This act shall be in force from its passage. Commencement
Chap. 112.-r-An ACT for the-relief of Robertson Cookei
• . Passed March 28, 1862.
Whereas it is represented .to the general assembly of Virginia, Preamble'
that on account of the disturbed condition of' our national, affairs, no
term of -the county court of the county of Wyoming has been held
since the July term eighteen hundred and sixty-one: Therefore,
1. Be it enacted by the general assembly, that the auditor of'pub- Amonntappro-
lic accounts he and he is hereby authorized and directed to issue his"p"ated
warrant on the treasury, payable out of any money therein not other¬
wise appropriated, in favor of Robertson Cooke, or his legal repre¬
sentatives, for the'sum of two hundred "and .eleven dollars, for the "
maintenance and clothing furnished-to Charlotte Meddows, a lunatic
of Wyoming county, from December twenty-first, eighteen hundred
and sixty, to December eighteenth, eighteen hundred and sixty-one;.
payment of a similar claim by the auditor of public accounts, on the.
order of the county court of the county of Wyoming, being hereto¬
fore made.
2. This act shall he in force from its passage.
Commencement
126
PRIVILEGES, ETC.
. Ciiap. 113.—An ACT to pay to George Cooper a certain sum gf money for
services as. Clerk of the 115th-Regiment of Militia.
Passed March 20,1862.
Amount appro- 1. Be it enacted by the general assembly, that the sum of sixty-
priated five dollars be and the same is hereby appropriated, out of any mo¬
neys in the public treasury not otherwise appropriated, to be applied
to the payment of George Cooper of Elizabeth City county, for his
services as clerk of the court of enquiry for the one hundred and fif¬
teenth regiment Virginia militia, it being impossible to call a court
of enquiry to authorize the payment of the same, in consequence of
the invasion of the country by the enemy.
Commencement 2, This act shall be in force from its passage.
Chap. 114.—An- ACT to authorize the issue of registered Certificates of
State Stock to Dr. Peter' F. Brown, in lieu of two lost Bonds.
Passed March 5, 1862.
Preamble Whereas it has been satisfactorily shown to the general assembly,
that two -coupon bonds of the state of Virginia, the property of Doc¬
tor Peter If. Brown of Accomack county (numbered, respectively,
three thousand nine hundred and fifty-three, and seven thousand two
hundred and fifty-six, and each for the sum of one thousand dollars),
were taken by, and are now in the possession of the enemy; and the
said Doctor Peter F. Brown having advertised the loss, and given
notice thereof to the proper authorities of the state: Therefore,
Stock, how 1. Be it enacted by the general assembly, that the second auditor
issued an(j fie jg fierefiy directed to issue two registered certificates of
state stock for. the sum of one thousand dollars each, in lieu of the
coupon bonds thus lost, conformably to the- laws in relation to the
issue of registered certificates of state stock;-and the said coupon
bonds are declared to be null and void, and the second auditor is di-
Bond filed rected to make proclamation thereof-: provided, however, that before
the same.shall be issued, the said Doctor Peter F. Brown shall file,
in the office of the second auditor, a bond, payable to the common¬
wealth, in the penalty of five thousand dollars, with one or more suf¬
ficient securities, to be approved by the governor of the common¬
wealth, conditioned to indemnify the commonwealth and all persons
against loss in consequence of the issuing of said certificates, or
either of them, in place of the said lost bonds: and pi-ovided fur-,
ther, that before .the same shall be issued, that said Doctor Peter F.
Brown shall, in accordance with an ordinance of the convention,
passed June twenty-sixth, eighteen hundred and sixty-one, satisfy
the commissioners of the sinking fund that the said lost coupon
PKIVIEEGES, ETC.
127
bonds do not come within the provisions of the said ordinance of
June twenty-sixth, eighteen hundred and sixty-one, nor within the
provisions of an ordinance of the convention, passed on the first day
of July eighteen hundred and sixty-one.
. 2.- Be it further enaeted, that, the commissioners pf the sinking Amount appro-
fund, he and they are hereby directed to pay to the said Dr. Peter F. g£kingftmd
Brown, or his legal assignee or agent, the interest on said lost bonds,
due and remaining unpaid on the first day of January eighteen hun¬
dred and sixty-two.
3. This act shall be in force from its passage. Commencement
CtiAP. 115,—Ah ACT" for the relief of-the Sureties of John C. Harrison,
. * ' Sheriff of Tazewell County.
Passed March 24, 1862.
1. Be it enacted by the general assembly, that the sureties of John Sureties released
C.. Harrison, sheriff of Tazewell county, are hereby released from
the payment of the damages' on judgments in favor of the common¬
wealth against them as -sureties, rendered by the circuit court of the
city of Richmond. But the ^sureties shall not have the benefit of
this act, unless they pay. into the ■ treasury, on or before the first day
of July eighteen hundred and sixty-two, or sooner, if required by
the auditor of public accounts, all that remains unpaid of the prin-.
cipal, interest, cost and actual expenses of collection of said judg¬
ments : provided, .that this act shall not be construed as in any way Proviso
releasing the said John C. Harrison, sheriff as aforesaid, from the
payment of any damages adjudged against him.
2. This act shall be in force from its passage. Commencement
Chap. 116.—An ACT for the relief of John H. Haskins, Sheriff of Amelia,
and his Sureties.
Passed March 27,1862.
1. Be it enacted by the general assembly, that the auditor of What appro-
public accounts be and he is hereby authorized to issue his warrantpnate<*
upon the treasury in favor of John H. Haskins, sheriff of Amelia
county, and his sureties, for the damages obtained in the judgment
against them for the May eighteen hundred and sixty-one license
taxes of said county', less the costs and expenses in collecting said
judgment.
2. This act shall be in force from its passage.
Commencement
128-
PRIVILEGES,. ETC.
Chap. 117.—An ACT to authorize Hughes Dillard to erect a Data half
across Smith's River, in the county of Henry, in a manner not inconsis«- '
tent with the rights of the Smith's River Navigation Company.
Passed January 15, 1862.
improvements. 1. Be it enacted by the general assembly, that Hughes Dillard is
hereby authorized and-empowered to erect a mill dam half across
Smith's river in the county of Henry, at or on his plantation lying
on the north side of said river, and known as "River field," and to
divert from the said river so much of the water thereof as may be
necessary to propel the mills and other machinery which the. feaid
Proviso Dillard proposes to erect.thereon : provided, that the said Dillard,
and all other persons claiming under him* shall, whenever required
, by the Smith's river navigation company, or any other company, that
may be hereafter incorporated for the purpose of navigating said
river, provide suitable sluices and locks to permit the free navigation
of said river: and provided furthermore, that the rights of indivi¬
duals whose property maybe injured by the erection of said dam, shall
Damages not be affected thereby; but they shall be entitled for such injury to
such damages as a jury may assess, in the manner now prescribed
by law in such cases. •
Commencement 2,. This act shall be in force from its passage.
Chap. 118.—An ACT to relieve the Sureties of Robert Chambers, late Sheriff
of Boone County.
■ Passed March 25, 1.862. .
Sureties released 1. Be it enacted by the general assembly, that the sureties of
Robert Chambers, late sheriff of Boone county, are hereby released
from the payment of the damages imposed upon them by two judg¬
ments of the circuit court of Richmond city, less the aetual costs of
the collection of said judgments. But this act shall not take effect
unles.s the principal, interest and costs of collection are paid into the
treasury, within sixty days: provided, however, that this act shall not
be construed to release the said sheriff from any part of said judg¬
ments.
Commencement 2. This act shall be in force from its passage.
Chap. 119.—An ACT for the relief of the Personal Representative of A. J.
Whitehead deceased, late Sheriff of Pittsylvania County.
Passed March 13,1862.
Amount appro- 1. Be it enacted by the general assembly, that the auditor of pub-,
printed lie accounts be and he is hereby authorized and directed to issue his
PftlVIL.EGES, ETC.
129
warrant on tlie treasury, payable out' of any money therein not other-
■ wise appropriated, in favor of the personal representative of A. J.
Whitehead deceased,. late' sheriff of Pittsylvania county, for the gum
of'fifty-three dollars and thirty-three cents ; being the-amount of in¬
solvent lists for the year eighteen hundred and fifty-seven, heretofore'
disallowed by the said auditor.
2. 'This-act shall be in force from its passage.. • Commencement
Chap. 120.—An ACT for the'relief o'f Coalman O. Bennett, Executor of
Howard Craft deceased, of Pittsylvana County.
'Passed March 13, 1862. 1
1, Be it enacted by tlie-'general assembly, that the seeohd auditor Amount appro-
be and he is hereby authorized and directed to issue bis warrant on u^rary fund
the treasury, payable out of the. literary fund, in favor of Coalman
D. Bennett, • executor of. Howard Craft deceased, of Pittsylvania
eounty, .for the sum of nihety-seven dollars; the same being the
amount of three fines-paid by said Craft in. his lifetime, under a judg¬
ment of the county court of said cpu'n'ty ; which judgment tvas after-
Wards reversed by the circuit court of said county.
2. This" act sliall.be in force from its passage. ; • Commencement.
Chap. 121,—An. ACT compensating Norman C. Smoot and James Candy,
Commissioners of the Ktjvehue for the County, of Hampshire, for services.^
performed!
Passed February 12, 1862.
1. Be it enacted by the general assembly, that the' auditbr of what appro-'
public acQOunts be and he .is hereby authorized to ascertain whatpnated
would be. an equitable allowance to Norman Ct Smoot and James
'4Caudy, commissioners of the revenue for the county of.Hampshire,
for assessments in the year eighteen hundred- apd sixty-one. Jn
CAse of the failure of either Or both of the aforesaid commissioners
to-return tq the office of the auditor of public accounts the books
containing the assessments of eighteen hundred and sixty-one,, the
said auditor shall assume, as a basis of said allowance, the assess¬
ments of eighteen hundred and sixty; and he is hereby authorized
to issue his warrant on the treasury, payable out of any money
therein not otherwise, appropriated, in favor of said commissioners
respectively, or their legal representatives, for the sum so ascertained.'
2. This act shall be in force from its passage.
9
Commencement
130
PRIVILEGES, ETC/
Chap. 1-22.—An ACT to compensate William H. Pulany, Attorney for thw
Commonwealth for the Circuit Court of Fairfax, for his services for 'the
Spring Term 1861. .
Passed February 19,186!$.
Amount appro- ■ 1. Be.it ep acted by the general assembly, that the auditor of pub-
priated . j*c accoun^g y)e authorized to issue his warrant on the treasury in fa¬
vor of William H. .Dulany, attorney for the Commonwealth for the
Circuit'court of Fairfax county, for the sum of fifty dollars"; the same
being for his services as such attorney for the spring term of -said
court in the year eighteen hundred and sixty-one.
Commencement "2. This act shall be in foree from its passage.-
Chap. 123.—An ACT for the relief of John. R. Cunningham, administrator
of Newton Cunningham, late Sheriff of Prince Edward County. '
"Passed February-2p, 1862. ' '
Amount appro- 1. Be it enacted by the general assembly, that the auditor of pub-
priated lie accounts shall issue bis warrant on the treasury, payable out of
any money therein not dtherwise apprppriated, to John R. Cunning¬
ham, administrator of Newtop Cunningham, late , sheriff .of Prince
Edward, fo$* ninety dollars and eighty-six cents; being the amount
of monpy improperly paid into the treasury bythg said Newton Cun¬
ningham.
Oommencement . 2. This act shall be in force from its passage.
[Jhap. 124.-—An ACT releasing the Securities of Thbmas K. pavlg, late
.' Sheriff of Prince William County, from, the payment of Pamageg.
Passed February -17,1862.
•■What appro- 1. Be it enacted-by the general assembly, that- the securities'of
priated Thomas K. Davjs, late sheriff of the, county of Prince William, are
hereby Teloased from the payment of the damages on a judgment in.
favor of the commonwealth against them as such securities, rendered'
by the circuit court of the city of Richmond. But the said securities
shall not have the- benefit of this act,'unless thoy pay into the trea¬
sury, within sixty days from the passage hereof, all that remains
unpaid of the principal, interest, costs and actual expenses of col¬
lect-ion of sard judgment, and all other dues to the commonwealth
for which said securities may be liable : provided,-that tliis "act shall
not be construed as releasing the" said Thomas K. Davis, late sheriff
Of Prince William county, from the payment of any damages ad¬
judged against liim.
(Oommencement 2. This act shall be in force from its passage. .
PRIVILEGES,- ETCL
131
jChap. 125.*—Ag ACT-refunding to tie County of. Amherst a License .Tax
•paid by -George L. S'hracter, advanced to him by .the-County Court of-said
. County. ' ■ ' • • .
Passed ^February 1.1,■ 1862.
1*. Be.it enacted,'by fire general assembly,, that.the• auditor cf Ajnontit appro-
public accounts be atid he-is authorized to issue his warrant.on {he pnaf6d'
treasuryi payable out of any money therein pot otherwise appro¬
priated,, in favor of the treasurer of Amherst county, for the .sum of'
sixty-three, dollar?, the amount-of a'license tax paid by George->L.
Shrad'er," which license was never, used. by. him, because he imirle-
•diatefy'voluntarily.enlisted in the military service of the'state,
the county court of -said, county advanced the said, amount to'enable'
him J5 tnter -said service.*
.2, This aetshall be'.in. force from its passage. • '• ' Commencement
CfltAP. ] 26.—An ACT to refund to Edmund W. Bayley a' sum of'money
' 'eriroheously paid by him into the treasury.
'Passed Eebruary'7,1862. '
Whereas'it appears that Edmund W. Bayley,.a commissary in the Preamble. '
confederate service, .did, on the eleventh day of November -eighteen
■ hundred and sixty-one, pay'in to" the treasury of the state the* gum- of
five thousand dollars to the eredit-pf the sheriff of.Ac.comack county,
and that tlie said sum has since been .paid into the treasury by the
said sheriff, without thfe knowledge that it had previously been paid
by the said- Bayley ..'for' him ;* and it tlau? appearing that the said
•'amount* has -been twice- paid : And whereas" it further'appears that
• the object of the said Bayley,in.making the-said payment, was to'.
•save the risk to the Confederate-.States and to the state of'Virginia,■
of conveying the said sum across" the Chesapeake bay,.and that the
said.payment by-himwvhs ra{*de under a mistake'of .facts :,There^.
-fore,
<' 1.' Be it .enacted by the general assembly, that the auditor of pub- Amount appro-
lie accounts be and. be is hereby directed.to issue liis warrant on tlm p"a*ed
treasuiy., payable out-of any'money not otherwise appropriated, in.
faVor of Edmund. W. Bayley, or his legal representatives, for the
sum.of five thousand'-dollars; the same being the amount so..errone-:
ously- paid by him-
2.- The-said sheriff shall uo.fr he entitled to a* credit on bis account
for said sum of five thousand dollars; -and the auditor Of public ac->
Counts is directed to correct the' hooks in his office-, and to disregard
the said sum so erroneously credited to him.
' 3.' This act shall he in force from its passage.
Commencement
132
TRIVIL-EGES,- ETC,
Chap." 127'.—An ACT authorizing the 'Commissioner of the-Revenue for th®
'Southern District of Halifax County to issue a License to David. Apt as
aijawker and.Peddler in said.County.
Passe J January 30, 1862.
. Amount appro- ' 1.. Be it enacted by. the. general assembly, that the commissioner.
prlated of the-revenue for the southern district of the county of Halifax is-
authorized/and required to issue to-David Apt a license, as, a hawker
.arid, peddler in-the. said county of Halifax, from the time of issuing
saidLicense .to the thirtieth day of April eighteen faundred and sixty- .
j^rees and upon the production of the same io the sheriff of said
county, and the payment to him of . a tax of fifty dollars by the said
Apt in the manner in whieh the tax is paid upon other licenses, he.
the -said Apt shall tiave power and authority to sell, by retail, goods,
wares and merchandise as a hawker and peddler, within the limits',
pf the- said county of Halifax, until the said thirtieth day of-April
'eighteen hundred and sixty-three.
2. The said commissioner shall make report to the-auditor of
publjLc accounts of Said license, in bis general report of licenses ef
bis said district.
Commencement . . 3.' This'act shall be in foree from its passage.
Chap., 128.-—An ACT making Compensation to A. F. Raymond, 'Attorney '
for the Commonwealth, •
Passed January >16,1862. '
Amount appro- L Be it enacted' by tbe general assembly, that the 'auditor of pub-
p rid ted lie accounts be authorized and directed to issue his warrant for the
sum of fifty dollars, payable to . A. F. Raymond, or his representa¬
tive, out of any money in the treasury not otherwise appropriated;
the same being allowed him for bis sendees as attorney for the Com¬
monwealth in the circuit court of Marion county, for'the-half year-
closing with the June'term- eighteen hundred and sixty-one of that
court.
■Commencement .2.. This act shall be in' force from its passage--'
Chap. 129.—An ACT compensating George Duffey, late Commissioner of
the Revenue for the City and County of Alexandria, for services performed.
Passed January 22,1862..
Amount appro- 1. Be it enacted by the general assembly-, that the auditor of public
priated accounts be and he is hereby authorized to ascertain what would be
PRIVILEGES, ETC.
133
an equitable allowance to George Duffey, late'commissioner of the
revenue for the citj-'and. county. of Alexandria, for ;assessments in the
year eighteen hundred .and sixty:one, assuming as a basis the assess-'
rnqnt for the -year.eighteen hundred and sixty,, and to issue his'war-
taiit on the treasury, payable out of any money therein not otherwise
appropriated, in fayoriof said Duffey, or .his legal representatives* for-
the sum-so ascertained..
2. This act' shall' he in force from its passage. Commen<^»tent
•Chap. 130.—An ACT authorizing.and directing the sale.and' delivery fry
• the Governor1 of a Convicted* 'Slave, named Richard,.to.John Washington
of Caroline County.
Passed January 22, ,1662.
1. Be.it enacted fry the general assembly, that the governor of Amount appro
the commonwealth he'and he is hereby authorized and directed toprtated
■ sell, and deliver to John.'Washington'of. Caroline co'unty, a slave
named Richard, formerly belonging, to said Washington, who has
been lately • cpnvicted of grand larceny, in the hustings court, of
Richmond <city, and condemned to be transported without the. limits
of-the United, States: provided the said Washington shall first-pay
all the costs of the prosecution of said slave; and relinquish all claim
Against the commonwealth for.his value;-and shall also -enteriinto a
. .proper bond, conditioned immediately to sell, said."slave'beyond the
limits'of tliife commonwealth.
2. This act'shall be in force from its passage. Commencement
ChAp. 131.—An. ACT to compensate JE. J. Buek'w alter and W, H. Pate,
.Jailorsof Bedford County, for keeping certain -Negro Convicts confined
- intlte Jail-of said County ifr the year 1861...
Passed January 15,. 1862.
1. Be it enacted, fry . the general assembly, that the'.auditor of Amount appro-
public account's .be and "He is hereby directed to issue-his warrant On p"ate.4 <■
the'treasUry, to he-paid out of any money not otherwise appropriated,,
in favor of U. J. Buckwalter of Bedford, fortbesum of one hundred
and eighty-six dollars and thirty cents; and also to-issue-his warrant'
Upon the' treasury, to be paid, in like manner, in favor of William H-.
Pate of said county, for the sum of sixteen "dollars' and. ninety-fivfr
cents; they being the amounts due them,"respectively, for impri¬
soning and keeping certain negro convicts hired to Rosser & .Co, on.
the public works, who escaped from service, were'.apprehended as
ffUnaWays,'and confined ip the jail of Bedford county.
2. This act shall be in force from its 'passage. Commencement
134
PRIVILEGES, ETC.
ChAp. 1.33.—;An ACT to amend and je-enact.an act entitled, an'act refunding'
toMosesG. Booth Damages paid by him as surety of- Samuel .S. Turner,
late Sheriff of Franklin County, passed March 19,.1861.
Passed January 10, 1862.'
Preamble" .. Whereas an act wag passed by the general assembly on the nine¬
teenth of March eighteen hundred and sixty-one, entitled an act re¬
funding to Moses G. Booth damages paid by him, as s.urety of Samuel
S; Turner, late sheriff of - Franklin county, and it appearing that
further legislation is necessary to afford the relief thereby intended
1. Be.it therefore enacted by the general assembly, that the"first •
section of' said act.be Amended and re-enacted so as to read as
follows; ,
Amount to be
pata out
"§•1. The auditor of .public accounts is hereby authorized and
directed to issue his warrant on the treasury of? the common¬
wealth, to' be paid out of any money therein- not otherwise appro-"
priated,.-in favor of Moses G. Booth, for the sum of three hundred
and fourteen dollar's and three cents, -being the amount of damages,
over:and above the principal, interest, Costs atid actual bxptnses of
collection, of -a judgment rendered in the circuit court "of the city of
Bicjipiond, against the said .Samuel S. Turner and his securities,
whiph was, paid into the treasury of' the commonwealth by the said'
Bopth, as. surety of said Turner: provided, however,.that nothing
herein contained shall be construed as releasing s'aid Turner from,
the payment of said damages."
Commencement 2. This act shall'be in force from its passage.
Chap. 133.:—An ACT imposing a Tax on Dogs in the Counties of Alleghany
and Botetourt.
Passed March 14,-1862.
Power delegated, 1. Be it enacted, by. the general assembly, that' it shall .he lawful*
to county courts yor caun^y courts of Alleghany and Botetourt, when they assem¬
ble for the purpose of laying their county levies, to impose <t tax of.
not jess than one dollar nor more than three dollars upon every dog
• kept in said counties; exempting, however, from said tax one dog'in
eVery family and on. every plantation. ' The money to be derived
from said tax to be -applied by the county 'coifrts for county purposes.
Time of action • 2. It/shall be the1 duty of the county courts of Alleghany and Bo¬
te tourf, at their first terms, after the passage of this aot, to-cause all
the justices.of said counties 1o be summoned to their next succeeding
terms, for the purpose of deciding whether the tax authorized by this
PRIVILEGES, ETC,
135
a$t shall be laid ;' and if the courts shall authorize stich tax, it shall Duty of com¬
be the'duty of the commissioners of the revenue'of said counties to revenue .
make out! and return to the said county courts, with their lists of tax¬
able property, a list of the dogs in said counties, and by whom' owned
or kept: and the said courts shall levy a tax, as prescribed by the first
section of.this act; to be collected and accounted for as-other county
levies, .and to be applied to the county expenses of said comities,
3. This act shall be in force from its passage. .Commencement
•Chap. 134.—-An ACT .authorizing- the County Court of Brunswick County
•to impose a Tax on Dogs.
. Passed March 29, 1862.
1. Be it-.enacted by the general .assembly, that it sball be lawful Power delegated
•for the county court of Brunswick, when it assembles for the purposet0 C0Hnty court*
of laying the county levy, to impose a tax of one dollar upon every.
' dog kept- in said county ; exempting, however, from said tax two dogs
in every family and on every plantation :'the money derived from
said tax to be applied by the county court for county purposes.
2. It shall, be the duty of the county court of Brunswick, at its Time of actiom
first term, after the passage of this 'act, to cause all the justices of
. said county to be summoned to the then next succeeding term, for
the purpose of deciding "whether the tax authorized by this act shall
be laid ; and if two-tliirds of all the justices shall be in favor thereof,
the-court shall authorize such tax: and it shall be the duty of the Duty of com
commissioner of the revenue of said county to make out and return revenue '
to the said county-court", with his list of taxable property, a list of
the dogs in'said county, and by whom owned or kept: and the said
court 'shall levy a tax, as prescribed by the first section of this act;
to be collected, and accounted for as'other county levies, and to be
applied to the county expense's of said county.
3. This act shall be in force from its passage, Commencement
Ciiap. 135.—An ACT to amend the first section of an act passed March 29,
I&58, entitled, an act concerning Ferries in the Counties of Russell and
Wise. *
Passed March 31, "1862.
1, Be it enacted by the general assembly, that the first section of Amending i#t-.
the act passed March twenty-ninth, eighteen hundred and fifty-eight, Match 29,185#
entitled" an act concerning ferries iu the counties of Russell and
Wise, be amended and re-enacted so as to read as follows;
PRIVILEGES, ETC.8—LAWFUL FENCES.
Delegated au- •"§!•• That the several county courts rtf the .counties of Russell,'
thority '• Wiee, W-asliington; Scott and Lee may have and exercise the power
and authority to establish and control the ferries within their respec¬
tive counties, without having the justices previously.summoned for
that purpose."
Commencement 2. This act shall be in force from its passage.
Chap. 136.—An ACT.constituting part of New River a lawful Fence.
Passed 'December 20, 1861.
New river a taw- 1. Re it enacted by the general assembly of Virginia, that New
fnl fence .to the . . p.-rti-i " t
mo-nth of Gauley river, from the falls thereof in Raleigh county, down the same to
"VOT the mouth.of Gauley river in the county of Fayette, be and the.•
same is hereby constituted a lawful fence.
Commencement ■ 2. This act shall be in force from its passage.
Ghap. 137.—An ACT declaring a portion of New River a lawful Fence.
Passed March 15, 1862.
New river aiaw- 1. Be it enacted by tbe general assembly of Virginia, that New1
ful fence to the ' , ■ • r,' , . • i
county lines ef river, irom the month of Little Stony creek,-in the county or GileS,
amTPtSasjTi^ ^o the county lines of Montgomery and Pulaski, be and the same is
hereby'constituted a lawful fence.
Comhiencement 2. This act shall be in-fore© from its passage.
Ciiap. 138.—An ACT constituting a part of New River a lawful Fence.
Passed January 17, 1862.
New river a law- • 1. Be it enacted by the general assembly, that New river, ^rom
mouth of Ureen-the mouth of Indian creek to the month of Greenbrier river in the
brior county of Monroe, be declared a lawful fence.
Commencement .2. This 'act shall be in force from its passage, .subject to repeal,
alteration or amendment, at the pleasure of the general assembly.
' BENEVOLENT INSTITUTION'S.
137
Chap. 139.—An ACT to incorporate the. Brllevue Hospital ip. the vicinity
of the City-of- Richmond..
Passed March 17, 1862*
•AVhereas James Beale, Francis H. Feane, Frederick Marx,.Robert Preamble
H. Cabell, F. W. Roddey and James. Bolton, practitioners of medi¬
cine in the city of Richmond", have purchased real estate, with'
buildings thereon, which they have fitted, up'For a. hospital in the-
vicinity of said city of Richmond, and said hospital has been used
for several years for the accommodation of the .citizens of the com¬
monwealth of Virginia,.and more recently for the eare and treat¬
ment of -the sink and wounded soldiers of the Southern Confederacy,
and §aid hospital has been used as a- school of practical' instruction
in medicine' and surgery.: Therefore,
J. Be it enacted by the general assembly of Virginia, that" the Company incor-
eaid James Beale and others, and their lawful successors, be and areP?ratcd
hereby made a body politic and-corporate, under the name and title
of Btdlevye. Hospital, for-the purpose .of receiving the sick and
wounded, and of employing suitable means for their cure and relief,,
and for the. purpose of imparting practical instruction in the science
of medicine and surgery, and their collateral sciences: and the said'Powersof com-.
corporation is hereby invested with *all the' rights, powers and privi-pany
leges conferred by the Code upon corporations, and subject to all the
rules, regulations, restrictions, arid provisions of the Code, in regard
to corporations, so far as the same are applicable to such corporation
as that hereby created.
■ 2. It sball be lawful for said corporation, to enact such laws, rules
and regulations as they may deem.necessary and proper for carrying
out successfully the design of fheir institution, as may be consistent
with the laws of the Confederate States and of the commonwealth of
Virginia.
3.. .It shall be lawful for said corporation to hold the real estate
now held by them in joint ownership, at the northern angle of the
intersection of Broad and Twenty-second streets, in the county of
Henrico, and also to add thereto, by purchase: or otherwise, such ad¬
ditional real estate-adjoining thereto, and erectfthereon such additional
buildings as may be deemed requisite for enlarging the accommoda¬
tions of their institution : provided, that the amount invested In s'ucll Proviso
real estate,-buildings, furniture, &c. shall' not exceed the-, sum. of
thirty thousand dollars. . Limitation
4. This act shall be in force from the passage thereof.
Commencement
138
•BENEVOLENT INSTITUTIONS.'
Lodge incorpo¬
rated
Property to be
held
Chap. 140.—An ACT to incorporate Marengo Lodge- No. 109, I. O. O. F.
at Martinsburg in the County of Berkeley.
Passed March 27, 1802.
1. Be it enacted by the general assembly, that Israel Bobinson,
E. G. Alburtis, Joseph C. Rawlins, Joseph Sclioppert and Philip.
Showers, and such other persons as may be hereafter regularly asso¬
ciated with them, be and they are hereby incorporated and made a
body politic and corporate, rmdei1 the name and style of Mhrengo'
Lodge number one hundred and nine, I. 0. O. F. in the county of
Berkeley;' and by" that name, shall have perpetual succession and a
common seal; and may sue and be sued, plead and be impleaded;
and.may purchase and hold, to them and their successors, any lands
and tenements, chattels and goods of what kind soever, as may be
conducive of the objects of such association: provided, that the whole
amount of property, personal and real, of said association shp.ll at
no time exceed in amount or value 'the sum of five thousand dollars.
Delegated
powers
2. Be it further enacted, that it shall be lawful for'ea^h and every
person composing the association heretofore known,by the name of
Marengo Lodge number one hundred and nine, the society propose^
to be incorporated, to' transfer, by writing, under his baud, to the
body politie and corporate hereby created, all his right, title and in¬
terest of,-in or to the." property, real or personal, in possession or ip
■ action, belonging to the said association, as such; and thereupon the
"said body politic and corporate shall he vested with all the right, title
and interest so designed to he transferred, of all and every person
and persons executing such transfer in writing; .and shall "have power
and authority to sue for the same in its own name, in any court of
law or equity, in like manner as each person or all th'e persons exe¬
cuting such transfer or transfers might have sued.
Commencement 3. This act shall be in force from it's passage.
Chap. 141.—An ACT to amend the second section of the act- incorporating
the Thorn Rose. Cemetery at Staunton.
Passed March 27, 1862.
Amending 2d 1. Be it enacted by the general assembly, that the second section
passed Fob!124, nf the act passed February, twenty-fourth,, eighteen hundred and
184'' forty-nine, entitled an act incorporating the Thorn rose cemetery
company at the tow:n of Staunton, be amended and re-enaqted so as
to read as follows :
Power delegated " § 2. That said, company shall have the right to purchase and
holdj,in or.near the town of Staunton,.not exceeding in quantity
BENEVOLENT INSTITUTIONS:—SCHOOLS AND COLLEGES.
139
thirty'acres, of land, for the purposes of said cemetery, and shall
have power- to lay out and ornament the same; to erect such
buildings thereon as it may -deem .necessary and proper? to ar¬
range burial lots; and ■ to make and enforce, by reasonable fines-Power to en-
and penalties, such by-laws,- rules and regulations for. the govern-force fines
ment of the establishment, as it shall'judge best: provided the same
be-not contrary to the constitution and laws of the Confederate States
or of this,state."
2. This act shall be in force from its passage. Commencement
Chap. 142.*—An ACT authorizing the Trustees of -Oak Grove Church in the
County of Pocahontas to sell and convey Property.
Passed March 20, 1862.
1. • Be it enacted by the'general assembly, that the trustees of Oak Power delegated
grove church in -the county of Pocahontas be.and they are hereby
authorized and empowered to sell and convey the. following portion
of the parsonage property belonging to said church,- and to apply the
proceeds thereof to the use of said church; to'wit: That part thereof,
beginning at a white oak tree at the side of the road; thence south
forty degrees, west four poles and five links; thence, north fifty de¬
grees, west thirty-seven links, tq a stake; thence, north forty degr.ees, •
east.four poles and five linksi to a stake in the road; thence south •
fifty degrees, east thirty-seven links, to the beginning.
2.' This act shall be in- force from its passage. • Commencement
Chap. 143.->-An ACT to authorize the establishment of a Military School
as a part of the. Instruction of Kandolph Macon College. '
Passed January 22, 1862.
• 1, Be it exacted by the general assembly of. Virginia, that the institution in-
trustees'of Randolph Macon .College shall he authorized to establish c-orporated
a military school as Ihe part of the course, of instruction in said
institution.
2. The board of trustees may make by-laws and regulations, not How managed
ipcorlsistent with the laws of the state, for the government, and-
management of this department, as they, now do .for the academic
department of.the institution; and nray, for the purpose of trans¬
acting such busiuess as iu its opinion can be transacted by a less,
number than the majority, authorize not less than four, members to
constitute a quorum in matters connected either with this- or the
academic department, to be called "the executive committee,?' •
3.40
SCHOOLS AND COLLEGES.
3. 'They Bhftll have authority to build an arsenal, or to convert
any building they now have, or any portion of said buildings, into
an arsfenal, for the purpose of preserving the arras .and other, pro-,
perty, which shall be guarded or preserved.
4. They shall appoint such professors to give instructions in mili- ,
tary science as they may deem proper, and may remove them, for
good cause, as already provided for in their charter; but no order to
remove a professor shall be made without the concurrence therein of'
a majority of the whale number of trustees.
5. They shall prescribe the terms upon which all students may
•be admitted to the course of their instruction, and the nature of their
service; and whilst they shall subject eyery student to military dis¬
cipline and drill, they shall not require any student to pursue the
studies of the military school proper, without his consent, if he be
twenty-one years of- age, or the consent ef his parent or 'guardian, if
he be a junior.
6. The students so admitted shall constitute a military corps of
cadets, under the command of such officer or officers as the board .of
trustees may direct, and shall constitute the guard of .the institution.
Duty of officers J. The said officer or officers shall from time to time inspect the
arms in the-arsenal;'cause the same to be kept safe and clean; give
receipts for such arms as may be brought there to be deposited; and
obey such orders for the delivery of arnm therefrom as he or they
may receive from the governor, as directed by the twenty-seventh
chapter of the Code of Virginia. . .
Board of visitors 8. The governor of the state shall appoint two, and the board of
trustees two persons, who shall' constitute a board of visitors, whose
duty it shall be to attend the annual examinations both in the aca¬
demic and military departments; inspect the arms and other pro--
perty; audit aocounts; and make a report to the board of trustees
Form of returns of the condition of the institution; and shall, by the first day of
.October of each year, make a return to the adjutant general, to be
by him laid before the governor, showing the names and number of
the officers and 'cadets in both academic and military departments of
instruction; distinguishing those between the ages of eighteen and
forty-five, and' showing- also the public arms, ordnance, equipments
and accoutrements at the arsenal, and under charge of said corpsV
and shall accompany each report with sucli suggestions affecting the
interest of the institution, as they.may deem proper: and this.board
o£ visitors shall be ex-offioio members of the board of trustees.
Delegated privi- 9. The governor may furnish arms, ordnance, equipments and
Jeg6 accoutrements in such manner and upon such conditions as they are
now furnished-to the Virginia military institute; and the corps'of
Delegated au¬
thority
Proviso
•SCHOOLS AND COLLEGES.
141
cadets shall be subject to his order in case of invasion or Insurrec¬
tion', or any other cause' by him deemed sufficient, as entirely as the
armed, volunteer companies of -the state.
•IO. The governor of the state'and the board of ■ trustees and Authority to
faculty of the institution may confer the degree of-graduate uponconfer degI-ee<l
any cadet who may have passed an approved examination on the
Studies of the military ticket.
11. Commissions .shall be issued to the commanding officer of the Commissions
' corps, professors, assistant professor or. assistant professors of tactics,
corresponding with those of colonel,, major and captain of militia;
but such commissions shall confer no'rank in the militia, nor entitle
any person holding the same' to any' pay or emolument by reason
thereof, unless Ordered into the service of the state.
12. This act shall be in force from its passage'. • Commencement
CHAP. 144.—An ACT to incorporate the Hillsville Military Academy in the
County of Carroll.
,Passed March 28-, 1862.
1. Be.it enacted by the general assembly of Virginia, that Leoni- Company tncor-
das E. Reid, James B. Johnson, Fielden L. Half, James Early, Iraporated
B. Cpltrain, Thomas. M. Dobyns, John Wilkinson, JohffEarly, James
S. Tipton, James B. Davidson, * Samuel Staples and William C.
Thornton, and their associates and successois, be and tliey are here¬
by Constituted a body politic and corporate, under the.name and-style.
of The Trustees of the Hillsville Military Academy, in the town of
Hillsville in the county of. Carroll; and by that name, shall have Delegated an-
perpetual succession and a common seal; and may sue and be sued,.thority
plead and.be impleaded, in any court of law Or equity.. The said-
trustees shall be capable in law to receive, hold and dispose of per¬
sonal property and real estate not exceeding ten or less than two
acres, in order to. carry out the purposes of their corporation: provided,
that a majority of said trustees and their successors may at any time
hereafter increase the number of trustees to twenty: and provided
further, that a majority of said trustees shall be stockholders in said
academy.
2. The said Hillsville military academy shall be under the control How mjyiaged
and management of said trustees, and their associates and successors, .
who shall appoint a principal, professors and a treasurer, and such
other officers as they may deem proper, and make and establish from
time to time such by-laws, rules and regulations for the government
of said academy as to them may seem fit, not contrary to the laws
142
schools And colleges.
of this state or the Confederate States. A majority of the trustees
shall constitute a quorum for the. transaction of business; and'any
vacancy or vacancies in said board of trustees, occasioned by death,.
resignation or .otherwise, shall be supplied by appointment of the re¬
maining trustees; and they may remove any member of their body;
two-thirds of the whole number being present and concurring.
Treasurer's duty 3. The treasurer shall receive all moneys accruing to the said'
academy, and property delivered to his care, and shall pay and de-
Bond to be exe- liver the same to the order of the board of. trustees. Before entering
*nted upon the discharge of his duties, he shall give bond, with such secu¬
rity in such penalty as the board may direct, made payable to the
trustees for the time being, and their successors, and conditioned for
the faithful performance of the duties of his office, under such rules
and regulations as the board may adopt.
Mode of sub-. 4. The said trustees shall have power, by -themselves or. their
•cnption .agents, to take and receive subscriptions for said-academy; in case
any person shall fail to pay his or her subscription, to enforce the
collection of the same. They may in their discretion sell scholar-'
'ships in said aeademy, upon such" terms as may by the board be
deemed advisable.
5. The stock of said academy shall be deemed personal estate,
and may -pass or descend and be disposed of by the holder- as any
other personal estate.
Commencement 6. This act shall be in force from its passage, subject to alteration
or repeal, at the pleasure of the general assembly.
RESOLUTIONS
. No. 1.—Joint Resolutions ill relation to the Re-enlistment of the Volunteert
Forces of the State. .
•Adopted Jantlary 17,1862.
Whereas the war, in defence of our liberty and independence, has Preamble
heretofore been successfully conducted by the brave and- generous
volunteers, who. without hesitation, CamC forward, at the first call of
their country, to conquer or die in its defence; and the general assem¬
bly ha£ an abiding confidence, in the fortitude,, courage and patriot¬
ism of the.Virginia volunteers now in the field, and does not doubt
their readiness to continue in the service, when assured that this fur¬
ther sacrifice is earnestl}' desired, to aid in repulsing our insolent
enemies, and.securing the sacred soil of our country from the tread
of the invader:
1. Resolved, therefore, by the general assembly, that we earnestly Appeal to re-
appeal to our volunteer forces to re-enlist, with the assurance thatenll8t •
Virginia will ever hold in grateful remembrance their patriotic and
disinterested sei'yices; and the general assembly will take care that
all their reasonable wants shall be supplied, and their grievances, if
any, redressed.
. 2. Resolved, that the commandants be requested to return the
cordial thanks of the general assembly to the forces under their re¬
spective commands, for their generous, brave and patriotic conduct
during this war, and cause it to be made known in the several com¬
panies, that in the opinion of the general assembly, it is of the highest
importance to the success of our cause that'they should at once re-
enlist, and that the general assembly be promptly informed'of the
date and number of such re-enlistinents-
3. Resolved, that a copy of the foregoing resolutions be imme¬
diately furnished by the clerk of the house of delegates to each com¬
mandant of the Virginia forces now in service, with the request that
such commandant cause the same to be forthwith published to the
forces under his command.
144
RESOLUTIONS.
No. 2.—Joint Resolutions declaring the intent and meaning of an act pro¬
viding for raising Virginia's Quota of the Confederate Army.
Adopted March 3,1862.
1. Resolved by the general assembly, that the true intent and
meaning of the act passed on the tenth' day of February eighteen
hundred and sixty-two, providing for raising Virginia's quota of the
confederate army, makes it the duty of the governor to fill up com¬
panies now in service, to a minimum of one hundred men, to be sup¬
plied by voluntary 'enlistment or draft: that until the companies now
in service have been so filled, the organization of new companies is
iri contravention of the policy adopted by the general assembly in
the act aforesaid.
Delegated an- 2. That the governor therefore be and he is hereby requested not
thonty to" accept any new companies until those already in service have been
filled up as the law directs, unless hereafter specially authorized so
to do.
. Delegated
powers
Quota
Governor to
commission
Officers
How received-
No. 3:—Joint Resolutions authorising the Governor to receive Volunteer
Companies from any County or Corporation which may have furnished
its quota to the Confederate Army.
Adopted March 14,1862.
1. Resolved by the general assembly, that the governor he and he
is hereby authorized to commission the officers of a cavalry company
in the county of Norfolk, consisting of one hundred men, recently
organized by Messrs. James Gr. Martin, jj\ and John Cooper, and to
accept and muster said company into the service for three years, or
for the war, as soon as he £hall ascertain that the county of Norfolk
has contributed, her quota of troops required to he furnished by the*
act of tenth of February eighteen hundred and sixty-two.
2. And be it .further resolved, that the governor is hereby required
to receive into the service of the state for three years, or for the war,
and commission the officers, of any company with the complement
of men, from any county in which drafts cannot be made, by reason
of the presence of the public enemy; or from any county, city or
town that has furnished its full quota of troops, for three years, or
for the wa,r, for the confederate service, under existing laws.
No. 4.-—Joiut Resolution authorizing the Governor to accept a Light Infan¬
try Company from Middlesex County.
Adopted March 6,1862.
Delegated an- Resolved by the general assembly, that the governor of this com-
gove'mor'to monwealth be and he is hereby authorized to receive a light infantry
RESOLUTION?.
145
company, recently organized in the epwnty'of Middlesex, into the s'er- receive a light .
viee of the state for three years, or-the war, and'to commission the p^y4'7 com*
officers-of" the same: but the governor shall not accept said company
oh commission .its officers until he has ascertained that the county, of
Middlesex has already famished the full quota of volunteers required,
to be furnished by said county for the confederate service^ Under, ex-,
isting laws.
No. 5.—Resolution authorizing the •Governor'to receive' "a'Light Infantry-
Company organized in- the County of Halifax..
■Adopted March' 1.3,186£..
. " Resolved by the general'assembly-,, that the'govetnor of this com- Gdvernor a«-
inonwealth be and he is hereby authorized to receive a light infantry cefve^mpany
company recently: organized in the county.of Halifai by .the el'ection.c^nTy of1U
of -John 0- Gregory captain, intp the aervihe of the .state, for three fiatifax
years, or for the war, and: to commission the officers of , the satne:
but the governor shall not accept said company of' commission its
officers until he has ascertained that, the." county of Halifax has al- '
ready furnished the full quota of volunteers required to be furnished,
by said cohnty 'for' the eonfederate.'service, under existing laws.-
"No. .6.—Joint.Resolution requesting the Governor to .Commission .Captain
C. N. Lawson and other Officers of 'his Company,
i Adopted'March 11, 1862.
Resolved by the general assembly ,of Virginia,, that the .governor Governor to.
be requested to commission Captain C. N. Lawson-and other officer's captc! '
of his company, receive the. same, and turn them '.over to the' cori- others'11 an<*
federate government, as a portion of Virginia's quota, and to the
credit of Lancaster, county.
No. 7.'—Resolution of. request to .the Secretary ..nf ,War, in'-relation to the
acceptance of New Companies, &c.
" Adopted March 5,-1862.
Resolved by the general assembly-,' that the secretary of war of Proviso
•the Confederate States be respectfully requested to decline to receive-
any additional volunteers from the state of Virginia, either by regi¬
ments, battalions or companies, until-the-quota of'Virgin-ia- to-the/
confederate aj-my, called, for. by the president of the Confederate
States, shall be fully raised and mustered into service.' .
10
146
RESOLUTIONS.
No-, 8,—Resolution concerning a-Volunteer 'Company in_ the City of Peters-
burg."
Adopted March 13, 1862,
Company from Resolved by the general ' assembly, that permission be and is
££3"? Hereby granted to raise a- company of riflemen, not less than one
hundred strong; from- the .city of Petersburg; provided Said company
furnish itself with rifles. And-the governor is hereby authorized to
receive the said company into service for the war, as a part of Vir¬
ginia's quota: 'provided said company is tendered to the governor, '
satisfactorily armed, on -or before 'the twenty-fifth of March eighteen •
hundred'and si?ty-two.
No. 9.—Joint Resolution authorizing .Free Negroes to he carried out of the
State, to be engaged m the Manufacture of Salt Fetre and other Munitions
of War.'
Adopted January T, 1862.
. Whereas the manufacture of salt petre and other munitions of
war is of prime, necessity to the Confederate States : And whereas
the general assembly are anxious fo- afford every facility in their
power to enterprising and patriotic citizens engaged in such manu¬
facture:. And whereas it has been represented to the general as¬
sembly, that "the free negrd population of the state miay be .used
advantageously in said manufacture, outside of the limits of Vir¬
ginia, by voluntary "agreements on their part": Therefore, •
1. Resolved by the general assembly, that J. Marshall McCne, or
any other citizen pf the commonwealth engaged in the manufacture
of salt petre or other munitions of war, be authorized to earry out of
the state of . Virginia to any other state of the Confederacy, any num¬
ber of free "negroes for the .purpose of manufacturing salt petre or
other munitions of war.
Term 'of exph-a- 2. Be it further resolved, that at the expiration of the term for'
tKm which said negroes may agree'to hire themselves, liberty is reserved
. to them to return to the commonwealth of Virginia.
No. lO,---Resolution in relation to the Pay of Non-eommissioned Officers
and Privates.
Adopted January 1,1862.
increase of pay Resolved by the general assembly, that the senators from Virginia
. nioned"officer^" in- the congress. of the Confederate States be instructed, and the
&c members of the house of representatives be requested to use their
influence to procure the passage of a law to increase the pay of tho
non-cominiacjoned officers and privates in the confederate army font
dollars per month'during the existing war:
SPreamblC
Delegated
powers'
RKSttU'TIONS.
147
Ko. 11.—Joint Resolution for the appointment of temporary Ci«'tks in the
Adjutant General's (Wire.
A<!«p'.r<! M.irrli S. ISO*.
Resolved by the general assembly, that the adjutant general be. Temporary
authorized to employ any number of clerks temporarily, as may be
necessary to prepare the returns of the enrollment of the militia, •.
and the reports from the camps of the volunteers in service, to pro-
' tide for a draft of the militia at the earliest possible day.
Ko. I-.—Resolution authorizing* tin- Governor to send Special Messengers
to obtain Knrolhr.enU.
*• Adopted Marrk •«, tSV.'
Resolved, that the governor be authorized and requested to send a Knrollmcnt o(
proper numlx r of messejigers at once to procure the enrollment of to"J,*rjr
the military forces provided for by the net of eighth February eigh¬
teen hundred and sixty.-two, and that he pay snid messengers such i
compensation us he may deem expedient, out of the military contin- .
gent fund.
Ko. H.—Joint Resohition concerning the Diseharge of such portion of the
Virginia Militia as is not newssntily required by the public service.
Adcptrd February 12. Ih62.
Resolved hv the general assembly, that tho governor of the com- vtrginian.-P.it**.
motiwealth he requested to confer with the president of the ConfedeC
rate States, and endeavor to procure the dischurge of such portion of
the Virginia militia as is not necessarily required by the public ser¬
vice.
Ko. 14.—Joint Resolution in relation to Discharges of Militia mustered into
service of the Confederate. Slab's.
Adopted March 15. !K£2.
Resolved by the general assembly, that the secretary of war be miuu*. b»w
and he i« hereby requested to discharge from service such of the tui-
litia of any county as have been mustered into the service of the Con-'
federate States prior to and since the proclamation of the governor of
this commonwealth, dated March tenth, eighteen hundred and sixty-
two, whenever he is satisfied, upon the production of the same evi¬
dence as required by the hoard provided for in the act of the. gencrul
assembly, parsed February eighteenth, eighteen huudred and sixty-
148
• RESOLUTIONS.'
twp, that they belong to the classes which are, by joint resolutions of
.the general assembly providing-who shall be exempt from militia-
duty, under.thie call of the governor, by.the proclamation aforemen-
KotjBX6mp.ted' tinned,;, declared to be exempt.. But such discharge shall not be con¬
n-am draft ^tfued to exempt such persons from' the operation of the act of the
general assembly,, passed -February tenth, eighteen hundred and
sixty-'tWo., '
No. 15.—Joint Resolution to ascertain the amounts with which the several
Corporations of the State would be assessed under the act of Congress to
provide a War Tax, &c. .. . .
• Adopted February 26, 1862,
• Auditor to fur- Resolved by the general assembly, that the- auditor of 'public
nisb -statements accountg ghajp aa. early as practicable, ascertain the amounts which
would. be payable by the several corporations. of the state, under
•tbe hct of the confederate congress to authorize the issue of treasury
notes, and to provide a war tax for their redemption, and the amounts
which may be payable into the "treasury "by the said corporations,
under the laws of the state; and that he also ascertain the amount
of i'axeS assessed and" payable • under said act of congress, by the
several corporations of the state, exempt from state taxation; and
that he report the same to the general assembly. -
Nb. 16.Preamble and Resolution'relative to Col.-William J. Willey's case.
Adopted March 13, 1862.
.Preamble Whereas Colonel William J. Willey, while in command of the'
thirty-first regiment of Virginia volunteers, was taken prisoner by
the enemy,; and during the time he was in their hands," another per-
• son watf appointed fcolone], and assigned to the.eommand of said regi¬
ment by the. governor.; and a question has arisen whether Colonel
. Willey is entitled to pay while such prisoner: • Therefore,
perdue Resolved by the general assembly, -that in its opinion Colonel
-William J. Willey did not lose his right to pay, or to be restored t®
his command when- released, by reason of his having been taken
•^prisoner';' but such,pay is due:from the confederate government;
• and thefe is no. obligation on the state to pay either of said colonels.
No. 17.—Resolution in relation to the Claims of Colonel William J. Willey.
' Adopted March 17, 1862.
Appropriation Be'it resolved by the general assembly of Virginia, that the au-
wuiey. '■ diting'board of Virginia be authorized, and they are hereby directed
RESOLUTIONS.
149
to allow and direct the payment'of: such claims as .Colonel William 'J.
Willey now or hereafter may be, en titled to. as a colonel in the mili¬
tary, service of.the state of Virginia; -and the said auditing, board
are hereby required to make a special report of the-circumstances of
this case to the confederate government, when, they shall make report
.of. the expenditures of money incurred by Virginia, prior to the union
under the provisional government, with a view to the'demand of the
payment thereof by the commonwealth of Virginia from the said
government.-
No. 18,—Resolutions concerning Exempts, under the -Proclamation of the
Governor of the 10 th March 1862.
.' ■ Adopted March 14, 1862.
I. Resolved by the general assembly, that .if shall be the duty of Duty, of hoards
' the boards of exemptions, acting under the act of February, eighteenth, of 'exemptl0n
eighteen hundred and sixty-twO, and any 'acts amendatory thereof,
to take cognizance of' all cases of exemption arising under these
resolutions; and that the governor shall cause one or more hoards,
with similar power's,' to be organized at the 'several places of rendez-'
vous'indicated by his proclamation ,of the tenth instant, by the'eopi'-
manding officer- thereof, to he composed of such persons as such
commanding officer may designate.
'2. That the following persons, shall be "exempt under' the-' said v/upex-empt
' proclamation, to wit: All officers and -employees of any fail road,
canal, steam boat or telegraph company, whose seryiees the. presi¬
dent and superintendent of shch eompany,'or either, of them," shall
certify on honor to he indispensable for. conducting, the operations
thereof; also such clerks as the quartermaster, general and paymas¬
ter general of Virginia shall certify, on honor, to he necessary to
conduct the business of their respective departments,;; and-all super¬
intendents and operatives in the ■ paper mills of this commonwealth v
also all persons whose services may be deemed by the board of ex--
emptions to be indispensable in mining or manufacturing lead, iron,
coal, salt, oakum, saltpetre, gunpowder, firearms, or other implements
or munitions of -war ; also, all employees in woolen and' cotton mills,
and incorporated shoe factories,. the" proprietors of which aye . under
Contracts to do work for the state or confederate government ';, and-
all tanners and shoemakers having contracts to do work for the State
or Confederate States government, as long as necessary "to complete
such contracts; also, such officers of the several hanks of circulation
in this commonwealth, and their branches, as the respective presi¬
dents or cashiers -may certify on honor to he indispensable to the
proper management of the busihess of the hanks, and may be so-
doeftied by the said hoard of exemptions; also, such millers, black-'
wraiths and tanners, and overseers of .committees' of insane persons,.
•150 RESOLUTIONS.
. as the said "boards shall deerri indispensable to'the comfort of the
community in -which they may live, or who shall be'in. the employ¬
ment Of the state or confederate government;' also, one. editor of
'each newspaper now being published, and such employees as the
editor or proprietor may certify on honor to be indispensable for con¬
ducting the'publication' of his newspaper, so long as the same, is
regularly published, at least once a week-; also, the jailor of every
. city, and such guard as the hustings court thereof may certify to be
indispensable to the safe custody of prisoners; and the'jailor of
.Henrico county, and such guard as the county court thereof may-
certify to be indispensable to the safe custody of prisoners.
Farther ex- • ' 3. In' each apothecary store- now established and doing business,
emptjous one a'pothecary,. in good standing, who is a practical' druggist, shall
be exempt; also, the public' printer, and the printer- for the state
senate, and such employees as each may certify on honor to be in¬
dispensable to the efficient performance of the public printing; also,
• one deputy sheriff for every twelve thousand inhabitants of every
county: provided, however, that every county having less than
.twelve thousand inhabitants/shall have one deputy sheriff; and one
deputy of every clerk of a court who may be deemed by the hoard
incompetent, by reason, of physical oy mental disability, to discharge
•the duties of his ••office; or who may he absent therefrom in, the public
.service.
Whop over-, / 4: It shall be■ competent .for the board of. exemptions, whenever
seers exempt ^ their judgment it may be indispensable for the police and conve¬
nience of the community, to exempt from the performance of mili¬
tary duty, under the proclamation aforesaid, overseers on the farms
of widows and orphans, who have heretofore contracted for that ser- •
vice for the present year.
Professors ex- 5, 'That the professors of the university of Virginia and ptlier
empt incorporated colleges are hereby declared, to be exempt, under the
said proclamation.
Certificate (6. Whenever by these resolutions, any oiass of employees or ope¬
ratives .are entitled to exemption on the certificate of other persons,
it. shall not be necessary for the applicants to appear in person before
the'board, but the exemption shall be ordered by the board, on the
productibn of the certificate alone.
' 7. That persons claiming exemption under these resolutions, shall
"be entitled thereto so long only as the militia called out by the pro¬
clamation aforesaid may remain in service, and -while sueh exempts
remain in the employment by reason of which such exemption was
allowed'.
Draft, not, to be ' 8. Nothing in these resolutions shall be construed to apply to, in-
dolayed ' ° J
RESOLUTIONS.
351
torfere with, hinder or delay the draft under the act of February
tenth, eighteen hundred and sixty-two, to raise the quota of "Virginia
to the confederate army, or to impair the effect of the act of Febru¬
ary eighteenth, eighteen .hundred and sixty.-'two, or any acts amenda¬
tory thereof, in relation to exempts.
JSTo. 19.—Joint Resolution in relation to Exemptions.
. Adopted-March 13^X869. ■ •
Resolved by the general assembly of Virginia, that the governor Delegated iw
he authorized and required to-exempt from the operation of his pro.-tKority •
•clamation of the eleventh instant, all -persons who may be certified .
to him by the war or navy department to be necessary to-the work
of the government of the Confederate States: provided, however,Proviso
that no such person shall thereby be exempt from, draft under the
act. of February tenth, eighteen hundred and sixty-two, or any other
draft to fill up any future requisition, or shall, thereby lose his priy-i- '
lege to volunteer in the state or Confederate States! service,
No. 20.—Resolution in- relation to Exemptions..
' Adopted March 12, 1862.. '
Resolved, that a joint committee of five of the house and three of Exemption from
' toe senate, be appointed to enquire and report such legislation in ■im ltia d"ty
' regard ■ to exemption from militia duty as may. be necessary, by
reason of the recent proclamation of the governor cajling* out the
entire militia.
No.. 2L—Joint Resolution' exempting Clerks of district Courts.
• . Adopted March 17, 1862. '
Resolved by the general assembly, that the clerks of the district cierks of dis-
courts of Virginia be and they are hereby declared to be severally e^p\C0Ults ex
exempt from military duty, /under the proclamation of-the governor
of the tenth March eighteen hundred and sixty-two ; and. in. case the
said clerks are drafted under any law to supply the-quota of the
state to the confederate government, or either of them, authority
and directions. are hereby given that such clerk,'in such case, shall
-deposit the papers and records of his office, for safe keeping, with,
toe clerk of some other court of record, where such district court is
required by law to be held.
152
RESOLUTIONS.
No. 22.—Joint Resolution" in "relation to the Exemption of 'Deputy
• .Sheriffs, &c.
Adopted March llr 1862.
Code, chap. 23, . Resolvbd hp the general assembly, that the act: entitled an act
§ 2, amended amen(pno- and re-enacting the' second section of ohapter twenty-two
of the Code of Virginia; respecting persons exempt from all military
duties, and providing the mpde of exemption," passed eighteenth of
February eighteen hundred and sixty-two, was not intended and
.does not exempt from such duty any' deputy of a sheriff of-any
county, or of a sergeant of any corporation, or of the. clerk of any
. court,, or the deputy of any other officer.
No. 23.—Joint Resolution exempting an additional Deputy Sheriff of the
County of Franklin.'
Adopted March 20,1862.
. Whereas it appears that the sheriff elected for the county .of
Franklin has farmed his office, and is himself now in the military
service of the Confederate States:
Deputy ex- . . Be' it therefore resolved by the general assembly, that the gover--
cmpted ^ nor of the commonwealth, if. in his opinion the interest of the "state
will thereby be promoted^ may exempt -from militia duty in said
County, one deputy sheriff, in addition to the one- already authorized
jby law to be exempted.
No.- 24,—Joint Resolution in. relation to the appointment of a Joint Commit¬
tee to enquire into the Treatment of Prisoners from this State now confined
• in Cam^» Chase, near Columbus, Ohio. .
Adopted January .11, 1863.
joint committee Resolved, that a joint committee, composed of three members on
appointed part of the house of delegates, and two on the part of thesenate,
he appointed to ascertain' and report how ."the prisoners from this
state, confined in the federal prison at Camp Chase; near Columbus
in the state of Ohio', are treated, and what steps shpuld he taken by.
"the authorities of this state to render them more comfortable..
No. 25.—Joint Resolution concerning Prisoners held "at Wheeling.
Adopted February 1,1862. •
Treatment of .Resolved by the general assembly, that the -joint committee ap-
pnsoneru pointed to enquire intp the treatment/ &c. of prisoners now held by
the enemy at "Camp Chase, Ohio, be instructed to enquire likewise, in
regard to prisoners held in Wheeling. •
resolutions.
153
' No. 26.—Joint Resolution in relation to Impressments.
Adopted February 5,1862.
1. Rqsolv.ed hy the general assembly of Virginia, that our repre-..
suntatives in the'co'ngress.of the Confederate States be requested to
.use their utmost efforts to procure the passage by congress of a law
authorizing and limiting impressments for. the military service of the
Confederate States,, and- providing for'.' the; payment to the owner of
land and p'ersohal property, such losses and damages as his property Losses for da-
may have sustained while in the' possession and- use -of the Con- L<fw.ep^atamej3'
federate States of America.-
•2; Resolved, that .'the clerk of this house forward, without delay, a
copy of the foregoing resolution to each of our representatives in the
confederate congress'.
no. 27.—Resolutions approving the declarations of sentiment and purpose
contained in certain Joint Resolutions of the Legislature of 'Georgia, and
affirming>nd adopting the same. •
Adopted January 8,1-862.
J. •.Resolved by the senate and house of delegates, that the dec'la- Approving ac-
. rations of sentiment,and purpose contained-in*the joint resolutions of tyre of Georgia
the legislature of Georgia, Communicated this day, the sixth of.
' JahUavy eighteen hundred and sixty-two, to the general assembly,*
•by the governor .of Virginia, are eminently just and patriotic; should
be cordially and approvingly responded, to. by every state-in..the
Southern Confederacy; dnd in the name and in- behalf of. this com¬
monwealth, we do hereby, affirm and adopt the same. - • '
• -i * • ■ •
. 2. Resolved, that the action. «f this general assembly be forthwith
communicated to the-.executives of each of. the. other states of the
Confederacy, together with a copy of-the message of .Governor
Letcher, accompanying the resolutions of the state of Georgia, tq he
by them laid b.efore their respective legislatures.
No, 2.8.—Joint Resolutions relative'to the Jurisdiction of Virginia.
Adopted. January 17,-1862.
Whereas the public enemy, invited by domestic foes, being in Preamble'
power within some of the counties in Virginia,, where they are con¬
fiscating the property of loyal citizens, and otherwise oppressing
them in a cruel manner; And whereas the traitors there, contem¬
plating-a division of this time-honored commonwealth, with the aid
154
RESOLUTIONS,'
' of. .this public enemy," have set up. a pretended government over the
same, which, under the force of. circumstances, eould.'not be pre?
vented by the timely sending, of an adequate military .force: And
whereas the legislature desires to reassure all loyal citizens through¬
out the commonwealth of their desire and intention to protect them :
Therefore,
jurisdiction of 1. Resolved,' by the senate and house of delegates,' that in no-
event'will the state of -Virginia submit to, of consent to the loss of a
foot of her soil: That it is the firm determination of the state, and.
known to be that of the'confederate government, to'assert and.main¬
tain the jurisdiction and sovereignty of the state of Virginia, to the
utte'rmost limits of her ancient boundaries, at any and every cost.
2.' That the governor be requested to present a.copy.of these reso¬
lutions, properly certified, to the provisional congress now in session,
and to the permanent congress, to convene on the twentv-se'cond of •
February, for their approval.
Resolutions
to be commu¬
nicated .
No.' 29.—Resolution for Joint Committee to confer with Confederate. Authbri-
' ties, and devise .measures for Defence in Western .Virginia against the In¬
vasion of "the Enemy. . ■ . ■
Adopted January 8", 1862.
Resolved by the.general Assembly, that a joint- committee of five'
members of the' sea ate' and seven of the,house .of delegates, be ftp-.
pointed to. confer with the confederate authorities,- and devise co-ope-
rative movements on the part of the state with the .confederate go¬
vernment, for prompt protection to the persons and property of citi¬
zens, and the general defeqce in western Virginia against the inva¬
sion of the enemy. •
No. 30.—Joint Resolution requiring Ri M. Nimmo to execute s new Official
Bond, and in the event of his failure to do so, providing for his Removal
from. Office.
Adopted March 26, 1862.
Bond to ba . 1. Resolved by the general assembly, that Robert- M. Nimnio, as
glven the general agent aiid storekeeper of the penitentiary, is hereby
required to execute a new official bond, with sufficient security, be¬
fore the thirty-first day of March eighteen hundred and sixty-two;
yvhen to be . and if the -said. Nimmo fail to execute such bond before the said day,
the general assembly will," by a joint vote of both houses, proceed on
that day to remove him from office. But the execution of such new
bond shall not operate to discharge the said Nimmo, or any of his
RESOLUTIONS.
155
sureties, from liability oja account of any breach of .the condition of
his official bond as general agent and storekeeper of the penitentiary,
bearing date on the thirtieth day of December eighteen hundred and •
sixty.
2. Resolved' further, that the keeper of the rolls cause a copy of this Copy to b<? sent
resolution to be forthwith delivered to the said Robert M-. Nimmo.
No. 31.—Joint Resolution in relation to Judge :E. P. Pitts of- the Fifth.
Circuit'.
.Adopted February 21, 1862.
Whereas E. P. Pitts, jydge of the fifth circuit'of. the state of'Yir- Preamble,
ginia, has been charged" before this house with disloyalty against the
State of Virginia and against the .C.onfederate-.States of America, in
adhering to and giving *aid and comfort and counsel to the enemies
of the said- state and of the Confederate States, and it is proper for
the general assembly to take such charges into Consideration, and if
sustained by sufficient evidence, to-remove said E. P. Pitts from his
office aforesaid: Therefore,
1.'. Bq it resolved, with the concurrence of the senate, that on the
'twenty-fifth day of Mar.ch eighteen hundred and sixty-two both houses
of the general assembly w ill proceed to consider and decide upon the
aforesaid charges against said E. P. Pitts, judge as aforesaid, and if;
such charges be sustained, to remove him from his said office.
2. Resolved further, that notice he given to said E. P. Pitts, judge Notice to be
as aforesaid, of the-proceedings proposed, to he had against him, and sivea
of the causes alleged for his removal, by a. publication of this pre¬
amble and resolutions in one of the newspapers printed in Richmond,
and in one of the newspapers printed in Norfolk, fpr four successive
weeks prior to the said twenty-fifth day of March eighteen hundred,
and sixty-two.
,Nq. 32.—Joint Resolution relative to the Publication of. the Constitution
.of the Confederate States.
Adopted December 12, 1861.
Resolved by.tfie general assembly, that the public printer he and Constitution to
he is hereby required to publish, with the Aets of the present session be pu^lisbed
of the general assembly, the permanent constitution of the Confede¬
rate States.
156
RESOLUTIONS.
No. 33,—Joint "Resolution, requiring, the Auditor and other. State Officers,
arid Corporations, in'the event of the Ratification of the Amended Con¬
stitution^ tp make-Annual Reports:
Adopted March 27, 1862.
Anrfuai Teports,. , Resolved by the general assembly of Virginia, -that in the event of
when to be a ratification of the amended-constitution proposed by the late con¬
vention of Virginia,. and the governor's proclamation announcing
that result, it shall'be the duty of the auditor of public accounts, the
treasurer, the second* auditor, and all other officers and corporations,
instead of biennial reports, as n.ow' required by law, to make .annual
official reports to th.e same person, at the same period of the year,
and of the same character as- required by such laws", except s<J far as
a substitution of annual for biennial .reports requires modification.
No. 34.—Joint Resolution rescinding the Resolutions providing for the-
^Publication of the Sketches of the Acts and Resolutions 'of the General
• Assembly.
Adopted March 26,1862.
Publication of ' Resolved. by the general assembly, that the 'joint resolutions pre¬
scinded 16 Tiding for the publication of the sketches of the acts and resolutions
of the. general assembly, adopted March twenty-seeond," eighteen
hundred and fifty-one, be and the same are hereby rescinded.
No, *15.—'Resolution to authorize the Joint Committee appointed to confer
: "with the Lessees of the Washington and Smyth County Salt Works-, to
send a deputation to said works,
Adopted December 20, .1861.
Preamble • The joint committee who."were charged with the duty of. conferring
.with the lessees of the Washington and Smyth county salt works in
reference to the supply of salt, respectfully report,, that they have
had the subject under consideration, and have opened.a correspon¬
dence with them, asking a personal interview on the subject, and
have received a'reply, herewith filed, indicating a willingness.to" meet
the committee in this city-' at any time they may designate, "The
committee have obtained much valuable and interesting information
on the- spbject of the capacity of those works; which will be "em¬
bodied in a subsequent report.
In vipw of the early <recess of the. general assembly, they recom¬
mend the adoption of the following resolution:
Supply of salt That the joint committee be authorized to send '& deputation of
RESOLUTIONS.
157
their body to make a personal examination of the works, aSeertain.
as Far as practicable their capacity, the prospect for an increase In
the supply of salt, and if deemed advisable, make a provisional con¬
tract therefor, subject to the approval and ratification of the general
assembly.
No. 36-:—Resolutions'ratifying and'confirming the Provisional Contract made>
• for the Purchase of Salt to be furnished by Stuart., Buchanan.& Go.'of the
Washington and Smyth Salt Works. • •
Adopted March'?, 1862.
1. Resolved by the general assembly,"that the.provisional contract Contract coh;
made "by the joint committee of the. senate and house of delegates,fimed
for the purchase on behalf of .the state of four hundred thousand
bushels of salt, to be furnished by Stuart, Buchanan & Co., be*ap-:
provo<f,.and the'same is hereby ratified and'confirmed.
2. Resolved, that the committee be instructed to report a bill to Bill to be
carry into effect the provisions'of said contract, and a proper distri-ported
bution' of said salt: •
No. 37.—Resolution for the appointment.'of a. Joint Committee to make Ar¬
rangements ' for'the proper Accommodation'of the Senate and House of
' Representatives of the Confederate States.
Adopted. December 21,1861.
Resolved by the general assembly," that-the'govern or of Virginia providing ac¬
he and he is hereby authorized to provide suitable.accommodations COIlxmodatlOE
wifhin'the capitol, for the sessions of the congress of the Confederate
"States: provided, that the same shall, not -materially interfere with
the sessions- of the gfeneral assembly, and until, the congress shall
have time to procure more convenient accommodations.
No. 38.—Joint Resolution in relation to the Expenditures of the Civil and
Military Departments.'
Adopted January'15, 1862.
Whereas the due equipment, subsistence and comfort of our brave preamble
men who, far from their homes, are daily periling health and life in
defending our hearths and firesides against northern outlaws and barf
barians", are objects of indispensable justice "and necessity, enjoining
a guarded economy upon all entrusted with the direction of the'
public expenditures, more Especially of expenditures for civil ser;
vioes:
158 * RESOLUTIONS.
Joint committee. Resolved, that a committee of fire be .appointed; to act jointly with
appointed. a. committee of thebouse of delegates,, with'instructions diligently to
examine the'expenditures, of the several departments, civil and mili¬
tary, and. report whether any,;and If any, what deductions may he
justly made therein without detriment to the public interest.
No. 39.—Joint Resolution in relation to changing the Office.of the Southern
Protection Insurance Company, and also' its place of meeting..
Adopted January 11, 1862.
Preamble . Whereas, by the. act passed January thirtieth, eighteen hundred'
and fifty-four, incorporating the Southern protection insurance com-.
pany, the 'said company wasi located at Alexandria, and the general
office of the said company required to he held at. that place, and'it
appears that it is impossible to. hold auy meetings of either the direc¬
tors or stockholders of said company at Alexandria, hv reason of its
occupation.by the enemy Therefore,
Pekmigsion to Be it resolved by the general assembly, that it shall .he lawful for.
an^m'suraiic^ a. majority of the directors 'of the Southern protection.insurance
eompapy company to change the office of said company from-Alexandria to
any other point within the state they may select, and to hold the
meetings-of* the directors and'stockholders'of such company at such
times And place, as a majority of .said directors may appoint- '
No. 40.—Joint Resolution in relation to "certain Coupon Bonds held by C>
W. Purcell & Co. and R..H. Maury & Co.
Adopted March 31,1862,
Preamble Whereas C. W. Purcell & Co; and R.'H. Maury & Co., prior to
the twenty-sixth of June eighteen hundred and sixty-one-, in pur-
•Buance of their licensed privilege as. brokers, were in the liabif of.
purchasing the coupon bonds of the state held-in the city of New
York, causing the said, bonds to' be canceled, and in that condition,
■to avoid risk, transmitting the same to .the-city of Richmond, where,
in pursuance of an arrangement with the second auditor, a-new hond
Would be issued in'lieu of 'the one so canceled and delivered to .the
said second auditor: And whereas it is represented that the saidC.
W. Purcell & Co. and R. H. Maury & Co., about the twenty-sixth
Of June eighteen hundred and sixty-one, made several purchases of
bonds in New York, which were .canceled as aforesaid, but before
they were delivered and converted into new stock, the.convention of
Virginia passed an ordinance suspending the payment of interest on
RESOLUTIONS*
159
all bonds'held by residents of the United States prior to the twenty-
six tli of June eighteen hundred and sixty-one, which was construed
jto.prohibit.th'e conversion.of certaiii "bonds purchased and held by
said 0. W. Pureel! &' Co. and R. H. Maury &. Co., which remain
ln'theif hands and subject'to waste and destruction.: And whereas"
the-said C. W. Pufcell &, Coi and :R. II."Maury' & Co., without at
thik time seeking, to obtain the interest due-on said bonds, but-merely
to bate the evidence of .the arrangement perpetuated:
• It is resolved by. the general assembly, that the1 second auditor -be'AudRor anthe;
and he is hereby authorized to convert all such'.bonds. so held by. C. riZed 40 coavert
W.-Pureed &. Co.-and R. H. Maury Co, into the registered debt
of the state',- Specifying on the records of his office on what .occasion
the-saine are-converted,..and that the payment of the interest thereon
bft suspended during the war, -unless, otherwise ordered by the general
.'assembly, arid eftdorse .-the same on the bonds': provided, that said
conversion to said Pureed & Co.-shall not exceed the amount of .Can¬
celed bonds contained }tf a list 'thereof filed in the office of the second
auditor, and endorsed as'such by John .-Brandon,..as ehairman of -the
^committee of'financ'e.'of the senate, and the .conversion for said R. PL
Maury & Co. not to*exrieed three thousand-dollars.
SEPARATE ELECTION PRECINCTS.
Accomack—Court-house; Chingoteague; New Church; Corbin and Fletcher's; Mapp's;
Guilford; Newstown; Onancock; Pungoteague.
Albemarle—Court-house; Lindsay's Turnout-; Everettsville; Stony Point; Earleysville;
Blackwell's; Free Union; Whitehall; Woodville; Batesville; Hillsborough; Crossroads;
Covesville; Porter's; Warren; Wingfield's; Milton; Scottsville; Monticello House; How¬
ards ville. •
Alexandria—Fite'districts—Identical with magisterial districts..
Alleghany—Court-house; Robert Skeen's Hotel; John 0. Taylor's; George Stull's: Clif¬
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-housC; Union Academy; Wesley Chapel; Hamner's; Spout Spring;
Oakville.
Augusta—Court-house; Waynesborough; Middlebrook; Spring Hill; Mt- Meridian;
Greenesville; District No. 2, Staunton; Mt. Sidney; Stuart's Draft; Fishers ville; Church--
ville; New Hope; Craigsville; Deerfield; Mt. Solon; Swoop's Mill; Midway; Newport.
Barbour—Court-house; Burner's; Nutter's; Harriett's; Mitchell's; Yeager's;- Glady
Creek; Holtsberry's; Coal Precinct.
Bath—Court-house; Cedar Creek; Hamilton's; Cleek's Mill; Williamsville; Milton;
Green Yalley. . .
Berkeley—Cpurt-house; Billingre's Hotel; Mill Creek; Hedgesville; Falling Waters; -
Robinson's Mill; Gerrardstown; 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; Triplett'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 sdme places as magisterial elections; Goodwill School-house.
Brunswick—Court-house; Benton Precinct; Trotty's Store; Oak Grove; Lucy's Store;
Smoky Ordinary; Nicholson's Precinct.
Buckingham—Court-house; Stanton's Shop; New Store; Wright's; Curdsville; Allen's.
11
162 Separate election precincts.-
Cabell—Court-house; Guyandotte; Laidley'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—Couft-house'; Reedy Church; Oakley's; Needwood; Sparta; Pitts'; Port
Royal; Sycamore; Golansville; Madison's.
Carroll—Court-house; Polly Quesenberry's; Thomas Quesenberry's; Laurel Fork; Kim
ney's; Easter's; Newman's; Sulphur Springs; Richard Hayn.es'; Nathaniel Haynes'.
Charles City—Court-hoUge; Delarue's; Ladd's'; Waddell's; Apperson's; Yaiden's. "
Charlotte—Court-house; Keysville;.Smith's Tavern; 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—Court-house; Russell's Tavern; White Post; Millwood; Boyston's Tavern;
Collier's Toll-gate.
Craig—Court-house; Carper's Tavern; Walker's Store; Scott's Tavern; Martin Huff¬
man's ; feeorge Sarver's.
Culpeper—Court-house; Rixy ville; Colvin's; Stevensburg; Pottsville; Gathright's;
Wellsborough; Griffinsburg.
Cumberland—Court-house; Tavern Precinct; Oak Forest; Irwin's.
Court-house; Billups'; Goodwynsyille; Williams' Shop; Darvill's; Wil¬
liams' ; Sutherland's.
Doddridge—C.ourt-house; Allen's; Bond's; Key's; Davis'.
Elizabeth Cit^--Court-house;' Liveley's .Ordinary; Fox HilL "
Essex—Court-house; Occupacidn; Lloyd's; Miller's; Bestland; Centre Cross.
Fairfax—Court-hoUse; .Crossroads; Arundel's; Sangster; Ross'; Dranesville; An an -
dale; West -End; Accotink; Centreville; Falls Church; Fars; Bayless; Pulman's.
Fauquier—Court-house"; Plains; Salem; White Ridge; Farrowsville; Orleans; Liberty;
Morrisville; Paris; New Baltimore; Rectortown; Weaversville; Upperville.
Fayette—Court-house; Blake's; Gauley Bridge; Fleshman's; Lewis'; Keeney's; Ter¬
ry's ; Coleman's.
FluvanAa—Court-house; Howard's Store; Columbia; Moms' Store; Kent's Store; Ha--
den'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; SydnorsvilTe; Snorv"
Creek; Aldridge's Store.
Frcrferic/i-y-Court-house; Engine-house; Gwinh's Tavern; Hoover's Tavern; Newtown;
Middletown; Russell's; Anderson's; Brucetown; Swhier's; Cole's School-house; Pugh-
town.
Giles—At the same places as magisterial elections; Howe's Hotel.
Gilmer—Court-house; Jerkland; Burke's; Widow Stumps; DeKalb's; Peregrine Hays'
Knott's; Hewett's; Troy.
SEPARATE ELECTION PRECINCTS.
163
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; Lewisburg; White Sulphur; Miller's; Irish Corner; Williamsburg;
Frankfort.
Greene—-Court-house; Rucke'rsville; Terrill Shiflett's; McMullansville.
Greenesville—Court-house; -Ryland's Depot; 'Blunt's Mill; Poplar Mount.
Halifax—Court-house; Meadesville; Mount Carmel; Halifax Springs; High Hill; Hud¬
son's; Garrett's Store; Whiteville; Republican'Grove; .Brooklyn.
Hampshire—Court-house; John Liller's; Miers'; Burlington; Taylor's; Doyles';
Thompson's; Lupton's; Eisner's; Lovett's; Mrs'. Offutt's;-Stump's; Fority; Sherrard'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; Dentonsville; Cold
Harbor; Ashland.
Harrison—Court-house; Shinflston; Union Meeting-house; West Milford; Lumber-
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; Ridg-
way; Horse Pasture.
Highland—Monterey; Ruckmansville; Wiley's; Crab Bottom; Doe Hill\ McDowell;
Pullins' School-house; • Gwin's.
Jackson—Ripley; Click's; Jones'; Range's;. California; Depue's; Three forks of
Reedy; Trumansville; Ravenswood; Squire Slaven's; Murrayville; Moor's Mill; Me-
Grew's Mill.
James City—Court-house; Burnt Ordinary; York River.
Jefferson—Eight districts—Places the same as for magisterial elections.
Kanawha—Court-house.; Fleetwood's; Richards'; Bradley Low's; Atkinson's Mill;
Altz's; Couts' Mouth; Dog Creek; Givens'; Maiden; Fork Coal; Harper's; Gatewood's;
Mouth Sandy; Brooks' Store.
King George—Court-house; Hampstead; Clifton; Shiloh.
King Si 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'; Purcell's
Store; Snickersville; Union; Middleburg; Mt. Gilead; Gum Spring; Whaley's; Goresville.
164
SEPARATE ELECTION PRECINCTS,
Louisa—Court-house; 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.
Lunenburg—Court-house; Brown's Store; Pleasant Grove; Knight and Oliver's Mill;
■Lochlomond; Bagley's Store; Jordan's Store.
Madison—Court-house ; Stony Hill; Criglersville; Huffman's Mill; Graves' Mill; Ea-
pidan Meeting-house; Fleshman's Shop ; Loeust Dale.
Marion—Places thp 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 Run; Fair View; Linn Camp.
Mason—Court-house; Ferriage Precinct; Love Precinct; Barnett Precinct; West Co¬
lumbia ; Neaso Precinct; Eighteen Mile Precinct; Grigg's; Sixteen Mile Precinct; Thir¬
teen Mile "Precindt.
Matthews—Same places q,s for magisterial elections.
Mecklenburg—Court-house'; 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;
'Chris'timan's; Laurel Point; Cox's; Moore's River; Tenant's; Dowall's; Warren.
Monroe—Court-house; Dickson's; Miller's Store; Rollinsburg; Mrs. Peck's; Red Sul¬
phur; Haynes'-; Centrevillfe. -
Montgomery—Court-house; Guerrant's; Peterman's; Price's Forks; Keister's; Cram-
packer's ; Lafayette; Kent and McConkey's; Rorigh and Ready; 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; Chucks- •
tuck; Somerton ;• Dardep's Store; Cypress Chapel.
Nelson—Fortune's; New Market; Faber'sMill; Greenfield; Massie's Mill; R'oberts'.
New Kent—Court-house; parhamsville; Chandler's Store; Ratcliff.'s Tavern.
Nicholas—Court-house; Taylor's; Brown's; Neil's; Dunbar's; Nutter's; Sawyer's;
Pierson's.
Norfolk City—Four Wards.
Norfolk County-—Court-house; Glebe School-house.; Sycamore'sDeep Creek; School-
house District ••No. 2; School-house in.ProVidetice; Pleasant Grove School-house; Buffs-
Road School-house.
Northampton—Court-house; Bay View; Franktown; Jobnsontown; Capeville.
Northumberland—Court-house; Lottsburg; Burgess'Store; Wicomico.
Nottoicay—Court-house; Jennings' Ordinary; Wilson and Jones'; Blackfara
Orange—Court-house; Barboursville; Thomas ' Smith's ; Thomas Rhoade's ; Locust
Grove.
Page—Court house; Honeyville; Oakham; George Price's Mill; Springfield; Mohler'a
Mill; Rileysville; Prunty's Mill.
SEPARATE ELECTION PKECINCTS.
1«5
Patrick—Court-house; Robertson's; Aldridge's and Lee's; JPenn's Store; Carter's Store ;
Hancock's; Elamsville; Slusher's; Connor's; Shilor's; Gates'; Mankin's.
'' Pendleton—Franklin; Harper's; Riser's; Yint's; Cowyer's Mill; Mallow's; Seneca;
Circleville. . ■ • .
Petersburg—Centre Ward; Eastward; South Ward; West Ward.
Pittsylvania—Court-house;. Danville; Spring Garden; Whitmell; Cascade; Smith's;
Beaver's ; Riceville; Rorer's ; Strail's Store ; White's ; Laurel Grove; Chalk Level;
Mooman's.
Pleasants—Court-house; Spring Run; Sugar Creek; Pine Grove; Hale's. Mill.
Pocahontas—Four districts—Places of election the same as for magistrates.
Powhatan■—Court-house; Clarke's Mill; Macon; Sub Lett's.
Preston—Brandonvitie; Miller's; Burnet's; Feather's; Summit School-house; Germany;
Graham's; Huddlesin's; Kingwood; Martin's; Independence; EvanSville; Nine's; Funk's.
Princess Anne.—Court-house; Kempsville; London Bridge; Capp.'s Shop ; Creed's
Bridge; Blaickwater.
Prince Edward—Court-house'; Marble Hill; Spring Creek; Prospect; Farmville; Sandy
'River. ,
Prince George—Court-house; City Point; Lilley's School-house*; Tuttle's Precinct;
Harrison's Store; Templetoni '
Pr.iAice William—Dumfries; Cole's; Qccoquan; Reeve's; Brentsville; Kinchelon's;
Haymarket; Ludley.
Pulaski—Court-house; Brown's; Galbreath's; Ruper's; Thorn Spring Camp.
• Putnam—Court-house; Bailey's; Pocatalico; Alexander's.; Red House; Jones'; Hurri¬
cane Bridge; Wheeler's; Buffalo; Eighteen Mile Precinct.
Raleigh—Same places as magisterial elections.
Randolph—Court-house; Pennington's; Minear's; Taylor's; Kemp's; Lee.
Rappahannock—Washington; Sperryville; .Yates'; Amissville; Catherine Deatheridge.
Richmond City—Jefferson Ward; Madison Ward; Monroe Ward.(
Richmond County—Court-house; Stony Hill; Tavern-House; Farnham Church; Lyell's
Store.
Ritchie—Harrisville ; Skelton's ; Leedan's ; Ireland's ; Deems'; Rawson's; Tebbs';
Murphy's.
Roanoke—Caurt-house; Big Lick; Cave Spring; Barnett's.
Rockbridge—Court-house; Brownsburg; Fairfield; Natural Bridge; Collierstown; Kerr's
Creek; Trevey's; Hamilton's School-house; Paxton's School-house; Wilson's Shop; Broad
Creek; Goshen.
Rockingham—Harrisonburg; Keezletown;.McGakeysville; Conrad's Store; Spartapolis;
Henton's Mills; Gordon's Store; Bowman's Mill; Timberville; Menonite School-house;
Bridgewater; Ottobine; Wittig's Store; Sprinkle's Store; Taliaferro's-Store; Port Republic;
Mount Crawford; Samuel Coots'.
166 SEPARATE ELECTION PRECINCTS.
Russell—Court-house; Giazle'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'; Eye Cove; Carter's; Neil's;.Roller's.
Shenandoah—Court-house;. Strasburg; Crossroads Meeting-house; Conner's Church;
Ttfwn Hall; Keller's School-house"; Edinburg; Columbia Furnace; Mount Jackson;
Crossroads School-house; New Market; Forrestville..
Smyth--—Court-house; Broad Ford; Hays'; Sanders'; St. Clair's Bottom; Burton's
Store-; Aslilin's; Atkins'.
Spotsylvania—Court-house; Fredericksburg; Mount Pleasant; Andrews'; Chancellor's.
Stafford—Court-house; White Oak; Master's; Tackett's Mill; Falmouth; Coakley's;
Hajwood's; Acquia.
Southampton—Court-house; Drewrysville; Crosskeys; Joyner's; Murfee's; Black
Creek Church; .Berlin; Faison's Store.
Surry—Four districts—Ai the same places as for election of magistrates.
Sussex—.Court-house; Comann's Mill; Henry; Stony Creek; Newvillte; Owen's Store.
Taylor—Court-house; Mahaney; Eeed's; Claysville; Knottsville; Hayinond'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¬
cer's.; Sistersville; Pleasant Mills.
Upshur—'Court-house; Reedy Mills ; Simpson's Mill; Posty; Marples ; ^Marshall's;
Chesney's.
Warren—Court-house; "Boyd's-Mill; Bentonvillef Leary's School-house; Cedarville;..
Howellsville.
Warwick—Three precincts—The same as for election of magistrates.
Washington—Court-house; Clark's; Davis'; Waterman's; Merchant's; Gobble's; Mills';
Worley's; Williams'; Morell's; Fullen's School-house; Clark's; Kelly's School-house;
Deluslco Mills; Ons'; Miller's; Good Hope; Green Spring.
Wayne—William Crurn'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; Petty'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.
York—Three districts—Precincts at the same places as for election of magistrates.
TABLE
Showing the Times for the Commencement of the Regular Term§ of each Circuit,
County and Corporation Court. . .
. •Counties
and corporations.
Circuit courts.
"When terms commence.
Circuits.
5. 1st Monday in May and* 1st
dajr'of November,
10. 2d Monday in May and -Oct.
. 9. 3d Monday in May and 2d
Monday in November,
14. 9tft of April and September,
2. 25th April and 20th Oet'r,
10. 22d of March and August,
3. 21st April and September,
11. 1st June and 1st November,
21. 8th May and October,
11. 15th May and October,
4. 25th April and September,
13. 24th April and September,
15. 2d Monday after 4th Monday
in April and September,
14. 26th May and "October,
19. 27tb April and September,
20. 18th March and August,
2. 27th March and 2d of Oct.
3. 5th April and September,
181 27th March and August,
19. (12th April and September,
3. 18th May and October,
8. 1st March and 18th Sept.
16. Monday before last Monday
in March and August,
6, 18th May and November,
3. 25th March and August,
2. 7th May and 12th Nov'r,
13. 12th May and^ October,
15. 1st April and'September,
14._ Tuesday after'let Monday
in March and August,
10. 1st Monday June and Nov.
3. 5th March and August,
'3. 22d March and August,
2.. 20th March and 26th Sept.
19. 22d May and October,
6. 15th March and September,
8. 25th April and 12t"h Nov. >
9. 1st Monday June and Nov.
9. Tuesday after 1st Monday
in April and September,
15. 7th June and November,
16. 1st Monday April and Sept.
10. 10th April and September,
4. 15th May and October,
13. 10th June and November,
15. 20th May and October,
19. 19th April and September,
6. 13th April and October,
Id. .1st April and September,
16. 4ih Monday April and Sept.
14 8th May and October,
10. 3d Monday June and Nov.
County and corpora¬
tion courts.
Monthly terms.
Last Monday,"
First Monday,
Fourth Monday,
Third Monday,
Fourth Thursday,
Third Monday, .'
Thursday after 1st
Monday,
Fourth, Monday,
First Monday, •
.Second Monday,
Fourth Monday,
Second Monday,
Wednesday' after 2d
Monday,
Second Monday,
First.Tuesday,
Last Monday,
Fourth Monday,
Second Monday,
Fourth Monday,
First Tuesday after
4th Monday,
'Second Monday,
Second Monday,
First Monday,
Third Thursday,
First Monday f
• Second Monday,
Second Monday in
June and 4th in
other months',
Second Monday,
Fourth Monday,
Third Monday,
Fourth Monday,
Thursday after 2d"
Monday,
Third Monday,
Fourth Monday,
Fourth Thursday;
Third Monday,
Third Monday,
Fourth Monday;
Thursday hfter 2d
Tuesday,
Thursday after 3d
• Monday,
Fourth Monday,
First Monday,
Monday before 1st
• Tuesday,'
Second Thursday,-
Second Monday,
Tuesday after 3d
Monday,
First Monday,
Third Monday,
Fourth Monday,.
Fourth Monday,
Wednesday after 2d
Monday,
County and corporation .
courts. Quarterly term^.
Mdrch, May, August-, Novem.
Do. June, do". • do.
Feb'y, May, do. do.
March, June, do, do.
. Do. May, do. do.
Do. June, do.' • do. •
Do. May, do. do.
Do. dp. do. Octo'r.
Do. June, do. Novem,
Do. do. do. ' do.
Feb'y, May, July, do,
March, June, August, de.
Do. do. do. do.
Do. do. do. do.
Do. do. -do. do.
Feb'y, May, July, do.
March, do. Arfg'ust, do.
Do. do. do. do.
Do. June, do. do.
Do. do. do. . do.
Do. do. do. . do.
Feffy, May, do. "do.
(To take effect June 1, 1861.)
M*arch, June, August, Noyem.
. Do. May, do. .do.
Do. June, do. do.
Do. do. do. do.
Feb'y, May, July, ■ Octo'r.
March, June, August, Novem.
Do. . do. do. " do.
Do. - May, do. do.
Feb'y, do. July, Octo'r. .
March, June, August, Novem.
Do. May, . do.- do.
Da. June, " do. • dq. •
Do. May, do. do.
Do. do. do. do.
Do. June, do. do.".
Do. May, do. do,
i
-Do. June, do. do.
Do. do. do. do.
Do. May, do.. do.
Do. June, do. do.
Do. do. do: do.
Do. do. Octo'r, Decern.
Do. do. August, Novem.
Feb'y, • do. do. do.
March, May, do. do.
Do. do. do. do..
Feb'y,. do. July, do.
March, June, August, Novem.
Do. do. do.
do.
168 TIMES AND PLACES OF COUETS.
Counties
and corporations.
'Circuit courts.
When terms commence.
County and corpora¬
tion courts.
Monthly terms.
County and corporatiou
courts. Quarterly terms.
Greenesville,
Halifax,' ,
Hampshire,
Hancock,
Hanover,
Harrison,
Hardy,
Henrico,
Henry,
Highland,
Isle of Wighti
• Jackson,
JameS City and.
Williamsburg,
Jefferson,
•Kanawha,
King George,
King <fe Queen,'
King William,
Lancaster,'
Lee,
Lewis,
Logan,
Loudoun,
Louisa,
Lunenburg,
Lynchburg,
Madison,
Marirtn,
Marshall,
Matthews,
Mason,
Mecklenburg,
Mercer,
McDowell,
Middlesex
Monongalia,
Monroe,
Montgomery,
Morgan,
Nansemohd,
Nelson',
New Kent,
Nicholas,
Norfolk city,
Norfolk county,
Northampton, •
Northumberland,
Nottoway,
Ohio,
Orange,
Page,
Patrick,
Pendleton,
Petersburg, •
Pittsylvania,
Pleas ants,.
Pocahontaij,
Powhatan,
Prc'ston,
Princess Anne,.
Prince Edward,
Prince George,
Prince William,
Pulaski,
Putnam,
Raleigh,
Randolph,
Circuits.
i. 28th April and 2d Nov'r,
3. 1st day of May and Oct.
13. 1st April and September,
20. 10th March and August,
8.' 10th March and 26th Sept.
21. 15th April and September,
12. 20th April and September.
6. 23d April and October,
4. 1st April and September,
12. 2d May and October,
1. 16th May and 18th October,
18. 2d May and October,
6. 25th May and November,
13. 20th May and October,
18. 27th May and October,
8. 23d March and 12th Sept.
8. 2d May and 19th Nov'r,
8, 13th May and 25th Nov'r,
8. 15th' April'and 2d Nov'r,
17. 2d Monday after 4th Mon¬
day in April and Sept.
19. 8th May and October,
15. 1st Monday after 4th Mon¬
day in April ^nd Sept.
9. 4th Monday in April andpd
Monday in October,
10. 20th'April and September,
2. 13th April and 8th October,
3. 3d of June and 3d Nov'r,
10. 1 st Monday Mar. and Aug.
21. 10th June and November,
20. 1st May and 1st October,
6. 6th April and September,
18. 18th April and 18th Sept.
2. 2d of April and Joth Sept.
15. 27th Mhy and October,
17. 1st Monday Mar. and Aug.
6. 1st April and October,
20. 1st April and September,
14. 25th April and September,
16. 2d Monday in Ap'l and Sept.
13. 6th May and October,
15. 16th April and 12th Oct'r,
10. 27th day of April and Sept.
6. 10th May and November,
15. 6th Apri'land September,
1. 1st June and.lSth Nov'r,
1. 1st April and 28th Sept.
5. 3d Monday in April and Sep
8. 9th April and 28th Oct'r.
2. 20th April and 15tli Oct'r,
20. 10th May and October,
10. 1st May and October,
12. 11th April and September,
4. 12th April and September,
12. 27tli April and September,
2. 22d May, 16th November,
4. 28th May and October,
19. 30th May and October,
14. 16th April and September,
2. 2d May and 27th October,
21. 18th March and'August,
1.-25th May and 22d.Sept'r, '
3. 15th March and August,
2. 17th May and 12th Nov'r,
9. 2d Monday in May and Oct.
16. 3dMonday April and Sept.
18. 8th April and September,
15. 3d Monday April and Sept.
21. 26th May and October,
Hirst Monday,
Eourth Monday,
Fourth Monday,
Tuesday after 2d
Monday,
Fourth Tuesday,
First Monday,
Monday before 1st
Tuesday,
First Monday,
Second Monday,
.Thursday after 3d
Monday, ,
First Monday,
Second Monday,
Second Monday,
Second Monday in
June and October,
3d in other months,
Third Monday,
First Thursday,
First Thursday,
Fourth Monday,
Third Monday^
Second Monday,
Third Monday,
Second Monday, '
Second Monday,
Second Monday,
First Monday,
Fourth Thursday,
First Monday,
Third Monday,
Second Monday,
First Monday,
Third Monday,
Thursday after 2d
Monday,
Second Monday,
Fourth Wednesday,
Fourth Monday,
Third Monday,
First Monday,
Fourth Monday,
Second Monday,
Fourth Monday,
Second Thursday,.
Monday before 2d
Tuesday,
Fourth Monday,
Third Monday,
Second Monday,
Second Monday,
First Thursday,
First Monday,
Fourth Monday, •
Fourth Monday,
Fourth Monday,
Thursday after 1 St
Tuesday,
Third Thursday,
Third Monday,.
Thursday after 2d
Monday,
First Tuesday,-
First Wednesday,
Second Monday,
First Monday,
Third Monday,
Second Thursday,
First Monday,
Thursday after 1st
Monday,
Fourth Monday,
First Monday,
Fourth Monday,
March, May, Aug't, October.
Do. ' June, do. Novem.
Do. do. do. do.
•Jan'y, April, June, October.
Feb'y, April, July, November
March, June, Aug't,* do.
Do. do. do. do.-
Do. May, do. do.
Do. June, do. do.
Do. May, do. October.
Do. June, do. Novem. •
Feb'y, do.
March, do.
Do. do.
Feb'y, do.,
March, (Jo.
Do. May,
Do. do.
Do. do.
Do. June,
April, do.
do. i do.
do. October.
do. -do.
do. NoVem.
do. do.
do, do.
do. do.
do. do.
do. do.
do. Septeio.
March,' do. do. Novem.
Do.
Do.
•Do-
Do.
Feb'y,
March,
Do.
Do.
Feb'v,
•Do."
do.
dcr.
May,
June,
do.
do.
do."
May,
June,
May,
do. do.
do. do.
do. do.
do. October,
do. do.
do. Novem.
do. do.
do. do.
do.
de.
March, June, . do.
Do. do. do.
May, do.
June*, do.
do.
do.
do. Sept.
do. Aug.
Feb'y. Ma/, July,
March, dcr. Aug.
Do.
Do.
Do.
Do.
Do.
Do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
Do.
Feb'y,
March,
Do.
Do.
Do.
Feb'y,
March,
Feb'y,'
Do.
June; do. do;
April, Jiflv, October.
June, Aug't, Novem."
do. Sept. do.
May, Aug. do.
do. do. do.
July, Sept'r, Decern.
May, Aug't, Novem.
do. . July, do. .
do. > do. do.
March, June, Sepf. do.
Do. do. do. Decern.
Do. do. Aug. Novem.
Feb'y, May, July, 'October.
March, June, Aug't, Novem.
Do. do. do. October
Feb'y, May, July, Novem.
March, June, Aug.' do.
Feb'y, May," July, do.
March, do. Aug. do.
Do. June, do. do.
Do. do. do. do.
Do. do." do. do.
Do. do. do. do.
Do. do. d<\ dev.
TIMES AND PLACES OF COURTS.
Counties
and corporations.
Rappahannock,
Richmond city,
Richmond co.
Ritchie,
Roane,
Roanoke,
•Rockbridge",
Rockingham,
Russell,
•Scott,
Shenandoah,
Smyth,
. <
Southampton,
Spotsylvania,
Stafford,
Stauntop,
Surry,
Sussex,
Taylor,
Tazewell,
Tucker,
Tyler,
Upshur,
Warren,
Warwick,
Washington,
Wayne,
Webster,
Westmoreland,
Wetzel,
Williamsburg, '
Winchester,
Wirt,'
Wise?,
Wood,
Wyoming,
.Wythe,"
York,
' Circuit courts.
When tortus cojmnenoe.
Circuits.
9. 3d Monday in' March and 1st
Monday in October,
, 7. 1st of Nov.' and 1st May,
8. 3d April and 23d October,
19. 13th April and September,
18. 17th May and October,
14 Wednesday after 4th Mon-
*day in March and Aug't,'
11. 12th April and September,
12. 11th May and October',
17. 4th Monday April and Sept.
17. 3d Monday after 4th Monday
■ April and "September,
12. 30th March and,August,
17. 1st Monday April and Sept.
1. 2d May and 7th October,
8. 20th May and 6 th October,
9. 4th Monday Mar. and Sept.
1. 10th May and 25th October,
1. 24th April and 29th October,
21. -4th March and August,
17. Last Monday Mar. and Aug,
21. 22d May and October,
20. 22d April and September,'
21. 4th April and September,
12. 25th March and August,
6. 21st March and September,
17. 2d Monday April and Sept.
18. 20th March and August,
15. 14th April and September,
8. 28th>March and 18fh Oct.
.20. 12th*April and September;
6. 25th May and November,
19. 3d April and September,
17. 1st Monday after 4th Mon¬
day in April and Sept.
19. 5th June and November,
15. 4th Monday April and Sept.
16. ,1st Monday May and Oct.
•6. 20th March and September,
County and cprpora-
tion courts.
Monthly terms.
•
Second Monday,
Second Monday,
First Monday,
Tuesday after 1st
Monday,
First Monday,
Third Monday,
Monday before 1st
Tuesday,
Third Mdnday,
Tuesday after 1st'
Monday,
Tuesday after 2d
Monday, •
Monday before 2d
Tuesday; .
Tuesday after 1st •
Monday,
Third Monday,
First Monday,'
•Third Wednesday,
Wednesday after 1st
Monday,
Fourth Monday,
Firkt Thursday,
Fourth Monday, ,
Wednesday after 1st
Monday, "
Third Monday, .
Second Monday,
Third Monday,
Third Monday,
Second Monday,-
Fourth Monday,
Tuesday after 1st •
Monday,
Fourth Tuesday,
Fourth Monday,
Tuesday after 1st
Monday,
Fourth. Monday,
First Saturday,
Tuesday after 4th-
IMonday,
Fourth Monday,
Third Monday,
Friday after 3d Mon¬
day,
Second Monday,
Third Monday, ,
County and corporation
' courts. Quarterly terms.
March, May, August, Novem.
Jan'y, Ap'l, July, Octo'r.
March, May, August, No.vem.
■ Feb'y, June, do. do.
Jan'y, Ap'l, July, Sept'r.
March, June, August, Novem.
' Do.
Feb'y,
• do.
May,
do.
* do:
do. •
do.
March, 'June,
do.
do.
Do.
do.
do.
do.
Do.
do.
dc(
do.
DO.
Do.
Do.
Do.
do.
So;
do.
'do.
do.
, do.
'do.
do.
do. #
do.
do.
do. "
Feb'y,
March,
"Do.
Do.
May,. July, Octo'r.
do. August Novem.
do. do. Octo'r.
Jtyne, do. Novem.
Feb'y, May, July, Octo'r.
March, June, August, Novem.
Do. Jo. ' do. do.
Do. do. do. • do.
Do. May, do. * do.
Do. June, do. Decern.
Do. do. do. Novem.
Do.
Do.
April,
do.
do.
May,
do.
do.
do.
do.
do.
do.
Feb'y, . do. July, Octo'r.
March, June, August, Novem,
Do. May, do.' ' do..
Feb'y,
June,
do.
do..
March,
Feb'y,
do.
do.
do.
do.
do.,
do.
March,
Do.
Do.
do.
•do.
May,
do.
'do.
do.
do.
do.
Octo'r.
RECEIPTS "AND DIS
I860. •
Octo. 1," To balance, per last annual report,
31, To receipts in October 1860,
Nov. 30, iTo" do. in November I860,
Dec. 31, To do. in. December 1860,
1861. •
Jan'y 1, To balance'brought down,
31, To receipts in January 1861, .
Feb'y 28, To . do. • in February 1861,
March 30* To do. in March' 1861,
April
May
June
1, To balance brought down,
31, To receipts in July 1861,
31, To 'do. in August 1861,
30, To do. in September 1861, • '
1, To balance brought down,
30, To receipts in April 1861,
31, To do. in May 1881,
•29, To do. in June 1861,
July
Aug.
Sept'r
. - . 139,305 18
69,367 35 '
- 114,266 04
- ' - 1,616,084 00
* $ 1,939,022 57
252,842 67
382,915 39
*138,562 97
308,808 41
$ 1,083,129 44
307,932 72
259,984-92
1,278,619 78
1,126,455 33
$ 2,972,992 75
•172,355 16
~ - . 4,199,120 40
2,496,468 21
1,175,391 89
$ 8,043,335 66
Octo. 1, To balance this day against the treasurer, .exclusive- of the
funds under the direction of the second auditor, - $ 138,214 84
BURSE MENTS-18 60-61.
By amount of warrants paid in October 1860, - - ' 157,812 ^3
By • do. do. November 1860, - - 113,833 90
By do. do-. December I860, - - 1,414,533 07
Balance 31st December 1860, • - - 252,842 67
$1,939,022 57
By amount of warrants 'paid in January 1861,
By do. do. February *1861,
By do. • do. Marcb 1861, •
Balance 30th March 1861,.
By amount of warrants paid in April 1861,
By • do. ' do". May 1861,
By do. do. 'June-1861,
Balance 29th June 1861,
By amount of -warrants paid in July 1861,.
By do, do. August 1861, '
'By do. ' do. September 1851,
. Balance 30th September 1861',
581,849 08
68,211 47
127,136 17
307,932 72
$1,083,129 44
, '210,241 02
"l ,598,533 69 .
991,862 88
172,355 16 .
$2,972,992 75
4,333,811 56
2,366,093 5<f
y 1,205,215 72
' • 138,214 84
$ 8,043,335 '66
Total amount of warrants issued by the auditor from the 1st October
1860 to the 30th September 1861, inclusive, -
Add warrants issued by the auditor prior to the IstOctober 1860, and paid
after that day, - - -
Deduct warrants No. 4174, $ 5 64^
"'"" ' 1 50 |
6194,
6450,
8092,
8827,
6 78 ! Issued prior to the 1st Oct. 1861,
9 14 j and unpaid on that day,
55 00 '
13,166,732 98
505 11
13,167,238-09'
103 06
»
11472, 25 00 J
Paid by the treasurer in the fiscal year 1860-61, _ • * $13,167,135 03
Auditor's Office, 14th Nov. 1861.
-*-This large amount of disbursements is caused by the redemption of temporary loans contracted, and
treasury notes issued within the fiscal year, amounting to $4,397,424 37.
INDEX,
acts and resolutions ■ of the
GENERAL ASSEMBLY.
Resolution abolishing sketches, , 156
ADJUTANT.
Ordinance concerning office, amended, 59
How appointed, ' 59
Rank and pay, '. • .59
ADJUTANT GENERAL.
Pay of, . 60
To appoint a clerk, • ' 60
Where to reside, 60
ADJUTANT GENERAL'S OFFICE.
Resolution in regard to the appointment
of a temporary clerk in, 147
ADMINISTRATIONS. •
See Taxes.
ALLEGHANY AND BOTETOURT
COUNTIES.
Tax on.dogs authorized, ' 134
Power to county courts, ,.134
Time when exercised, ' 134
Duty of commissioner of revenue, 134
AMENDED CONSTITUTION.
Resolution as to, ' . 156
Amherst county.
Refunding' to, a license tax paid by ' •
Geo. L. Shrader, ' ' 131
•Amount appropriated, 131
APPROPRIATIONS.
What appropriated,. 26
General assembly, 27
Representation; ' " 27
State convention, • 27
Electors, _ ' ' . .27
Officers of government, ' 27
Criminal charges, '. 27
Slave convict's, ' , 27
Support of convicts, ' 27
Pehitentiary, 27
Courts, 27
. Records, . 27
Adjutant general, . 27
Military contingent fund, • ' 27
Military institute, 27
•Public guard, ' 27
Water rent, i " 27
Armory, 27
Repair of arms, 27
Commissioners of revenue, 27
Lunatic asylum at Staunton, 27
Lunatic asylum at Williamsburg,' 28
Lun'atics,. 28
Deaf, dumb and blind, • 28
Pensioners, . .28
Civil contingent fund, . . 28
Civil prosecutions-, ' 28
Governor's hotxse, * 28
Capitol,* * . • 28
Messenger, • 28
Grattan's Reports, • 28
Leigh's Reports, . 28
Guaranteed bonds of James river and
Kanawha company, _ 28
Registration, , * 28
Commissions,*. . ' .28
Temporary loans, * -28
Chesapeake and Ohio canal, 28
Pages, * ' 28
Porter tg senate, * 28
Services in capitol, • 29.
Public debt, " • % 29
Secretary of commissioners of sinking
fund, • 29
Public printing, •' 29
Genetal fund, . 29
Disposal of general fund, 29..
When payments made, 29
APT, DAYID. .
Authorizing the commissioner of the
• revenue l'or the' southern district of
Halifax county to issue a" license
to, as' a hawker- and peddler, . • 132
Amount of license, • • 132
banNs.
"Authority to change place of business, * 87
Ordinance of convention ahrended, 87
Provisos, ' 87
Savings banksxmd insurance compa¬
nies, . 87
Authorized.to issue small notes, 1 85-6
State "stock banks, • '• 86
•Repealing clause, , • '86
• BANK DIRECTORS.
Provisions a,s to', ' • 88
Proviso, _ 88
' . BANK OF PITTSYLVANIA.
Preamble, • 9.3
Acts of directors legalized, ' • 93
BAYLEY, E. W.
Refunding a sum of money to", 131
Amount appropriated, . 131
174
INDEX
. BELLEVUE HOSPITAL.
Act incorporating, • 137
Company incorporated) 137
Powers of company, 137
By-laws, 137
Real estate, ' ' 137
Proviso, 138
BENNETT-, COALMAN D.
Amount appropriated from literary
fund to, * 129
BOARDS OF EXEMPTION.
Powers of, • . 49
Act of Feb. 18, 1862, construed-, 49
Discharge; how granted, ■ 49
Punishment of, 60
•Substitutes, . • 50
Act of Feb. 18, 1862, amended, 50
Claim for exemption filed with clerk, 50
How -tried, , 50
See Exemptions.
•. BOOTH-, MOSES G.
Act for relief" of, • 334
Amount, , 134
BROWN, Dr. PETER F.
Registered certificates pf state stock
to be issued to, 126
Preamble, ' 126
Stock, how issued, 126
Bond .filed, 126
Amount appropriated, • 327
BRUNSWICK COUNTY.
County court authorized to impose a.
tax on dogs,- ' . 135*
Time of 'action, ' ' * 135
Duiy.of commissioners, 135
.. BUCKWALTER, E. J. ET. AL..
Compensation for keeping certain negro
convicts, . 133
Amount appropriated, 133
CHAMBERS, ROBERT.
Sureties of, released,
126
' CHESAPEAKE AND OHIO CANAL.
See Guurantoed bonds.
CHURCH property.
Code amended, 82
Number of acres to be held, . 82
CIVIL CONTINGENT. FUND..
Amount appropriated to, • 31, 32
CIVIL RIGHTS AND REMEDIES.
Exercise of, extended in certain cases, 99
What period to bp excluded, 99
CIRCULATION OF SMALL NOTES.
Act of March 1854 amended, 88
How amended, • 88
CLERKS OF DISTRICT COURTS;
Resolution exempting them, 1'51
COLLECTION OF- ARMS.
Of state and Confederate States, 55
Arms, how collected, . # 55
To be returned to adjutant general,' 55
Compensation for collecting, 5o
Notice, how given, 55
Arms, how -transmitted, ' 55
Penalty, ' 55
How penalty recovered* 56
" COLUMBIA.
Act allowing time to build on lots in, 124
'COMMISSIONERS IN CHANCERY..
Cpde amended, • • 80
Temporary, how appointed, - ; 80
Special commissioners, 81
CONSTITUTION OF THE CONFEDE¬
RATE STATES.
Resolution in relation to publication of, 155
CONFEDERATE STATES TREASURY.
NOTES.
Receivable in payment of taxes, 32.
CONFEDERATE STATES WAR TAX.
Treasury notes, how issued, • ' 32
Banks authorized to lend, " 32
Auditor to.issue warrants, 32-3'
To whom payable, 33
How approved, . 33
•Faith of commonwealth, '33
Interest, ' • .33
Whpm auditor to consult during session, 33
In re.cess, * . 33
Obligations, when canceled, 33
CONGRESS OF CONFEDERATE
STATES,
joint resolution in relation to the ac¬
commodation of, 157
COOKE, ROBERTSON.
An act for the relief of,
125
COOPER*, GEORGE.
An act to pay for his services as clerk
of the 115th regiment of militia, 126
' CORPORATIONS OF THE STATE.
Joint resolution in relation to the assess¬
ment of a war tax, under act of com •
gress, op, 148 •
' COUNTY COURTS.
Jurisdiction of, extended, 99
Ordinance amended, ' 99
' COUNTY ROADS.
Code aipended, . 81
Who to work road, .81
FinesT 81
How recoverable,' ' ' 81
COUPON BONDS.
Resolution in relation to bonds held by
C. W. Pureed et al, 158
index*
17a
. CULPEPER minute men and
BIFLES.
Reorganisation of, ... 5G
How reorganized, ' 56
To report to adjutant general, ' 56
When to be reorganized, 57
CUNNINGHAM, J. B.
Act for relief of,' 130
Amount appropriated,., . 130
CURRENCY—SMALL NOTES.'
See Illegal currency. . • •
CURRILL, JOHN S.
.An act for the relief -pf, .118-
Amount appropriated, • ■ 118,
Charter of, amended,
. 109*
Corporate limits,
109
Municipal authority,
• ' 109
Time of holding courts,
109
Jurisdiction,
110
Compensation,"
110
Delegated powers,
% .110
Cbrporate powers, where vested,
110
Election,
.110'
•Election of clerk, *' '
.110'
Voters, . ' '
•110
Where elections held,
111
Commissioners,
111
How elections held, *
' 11D12
Vacancies, how filled.
112
Form of election,
112
Oath of office,
112
Council,
112
Mayor,"
'• 113
Powers of'council,
113-14
Power to subscribe to stock,
114.
Compensation to mayor,
' . 115
Conservators of the peace, •
. • 115
Delegated powers,-
.115
Sergeant,
165
Repealing clause,.
.115
DAYIS, THOMAS JC "
Damages refunded to securities of, '
Damages released to,
DECEDENTS, ESTATES OF.
See TaxCs.
120
130
See Taxes.
DEEDS-
DEFAULTING DISLOYAL OFFICERS.
Act-concerning, " 38
Preamble, . '38
Remedies, ' .38
Account, where filed, 38
Judgment, how entered, 39
Interest,- • 39
Time of computation, " "89,
Basis of account, . '39
Lien of judgment, ' 39
Limitation for reversal, . 39
Proviso, ' 40
DEPUTY SHERIFFS..
Resolution in relation to their exemp-
■tion, 152
Resolution exempting additional deputy
• sheriff of Franklin, '
' ." > DESERTERS.
.Code amended,
Who treated Nas, .
DULLARD, HUGHES.' -
An act authorizing him to erect a dam
half across Smith's river, .
Proviso,
.Damages,
See Grain.
DISTILLATION-
. DISTRESS FOR RENT. ••
Code amended,
Legal proceedings against persons in
military service, *
Exception,
152
81
81
128
128
128
p
77
77
See Taxes.
DIVIDENDS.
DOSS, R. O.
Securities of, released,'
Preamble,
Amount appropriated,
' DREW, A. M. '•
Act for the relief of,
DUFF-EY, GEORGE.
Act compensating,
Amount appropriated,- •
• - DULANY, W. M.
Act compensating,
Amount appropriated,
ENROLLMENT OF ACTS, ETC.
Code amended,
Keeper of rolls, •
Rolls, bow made,
Copies, how 'made, -
Publication of acts,
ENROLLMENT OF MILITARY
' FORCES.
Rolls, how obtained, ' *
Requirements, .
Who enrolled,
Exempts,
Powers of governor,
Punishment- for failure to enroll,
Penalties on officers,
Compensation to officers,
123
123
123
125
132
133
130
130
79
79
79.
79
79*
40
40
40
40
40
41
41
41
EXCHANGE BANK AT WESTON, •
Act concerning money stolen from, 89
Preamble, . 89"-
How recovered, ■ • . . 89
General provisions, 89-90-
Who liable for money, 90
Who may sit as juror, 90
Officer, when liable, 90
176
INDEX.
EXEMPTIONS PROM MILITARY
DUTY." .
Who exempted, , 47
Who not exempted, 47
Officers of city, &c., how exempted,. "' 48
When exempt remanded to. service, 48
How-places of- exempts to be filled, 48
Boards of, how constituted, . 48
Their powers,' . ' " 48
Discharges, how granted, 49
Claims for exemption, how tried, 49
Penalties on boards of, 49
Repealing clause, • 49
Certain parties exempt on religious
•grounds, ' . 50
Who exempt, • • 50
Terms-of exemption, • 51
Proviso, ' 51.
To surrender all arms, • 51
Duty.of sheriffs and collectors, .51
Duty of hoard, • •• • '51
Proviso, ' . . '51
Joint resolution in relation! to exemp-
' tions, ' • 151
Resolutions in relation to exempts under
proclamation of the governor, 149
Who exempt, 149
Further exemptions, 150
When overseers exempted, . 150
Professors exempted, 150
Certificate, * 150
Draft not to he delayed, •- •* 150
EXPENDITURES.
Of the civil and military departments, 157
Resolution in relation thereto, 157
FERRIES.
Act .amending act concerning, in the
counties of Russell -and Wise, . 135
.•FITCHETT, W. T.
Act Xor the relief of, ' 121
FOREIGN INSURANCE COMPANIES.
See Taxes.
FORFEITED AND DELINQUENT '
LANDS.
Act to enforce penalties as to, . . 36
Preamble, 36
Failure of commissioner,. 36
Motion, • , 36-
Amount, how* ascertained, '37
Reservation to commissioner, 37
Notice, how given, " 37
Judgment; for what amount, 37
Act of 1861 repealed, 37
. FREE NEGROES. '
To he engaged in the manufacture of •
saltpetre and other munitions of war, 146
Joint resolution in relation thereto, 146
Preamble, . : • 146
Authorized to carry, out of state, 146
Term of service; liberty to return, 146
Enrollment and employment of, 61
Ordinance to provide for, amended, ' 61
How enrolled, 61
Requisition, how made,' .62
Penalty on officers', 62
To be received in public service, f 62'
Penalty for refusing to obey* requisition) 62
Subject to articles of - war, . 62
Volunteers, .how accepted, 63
Clerk of house to furnish.copy, • 63.
FREDERICKSBURG.
Act amending charter of,
117
FROBELL, DAVID W.
•Act compensating-him for services con- .
nected with the militia of Nicholas-and
Greenbrier,1 _ ■ ^125
GALLERY. *
To be erected in congress hall, 106
Commissioners' to superintend erec- *
tion of, • ' 106
Costs, how paid, 106
GRAIN.
Unnecessary consumption of, prevented, 101 ■
Distillation prohibited, 101
Penalties, 'lOl
What constitutes separate offence,- ■ 101
Distillery and implements, how forfeited,. 101
Bond,, how given, 102
When liquoT to be seized, .102 •
When grain to be forfeited, ' 102
Penalty on officer, " 302
Prosecutions, when tried, . 102
GRAZIERS BANK OF VIRGINIA.
Preamble, 90
Bank incorporated, 90
Name of bank-, 90
Assets, . 90
Inabilities, 91
Provisos . 91
Limitations, • * 91
Proviso, • 91
Redemption of notes, ' 91
Reservation of power by. general as¬
sembly, . "92
Special deposit, . _ .92
Powers delegated,. 92
Location, - • 92
Capital stock, ' ' • 92 •
General provisions, , 93
GEORGIA-.
Resolution approving resplutions from, 153
GENERAL ASSEMBLY.
Annual sessions of, provided for, 104
Act of 1853 amended", 104
When to- meet, 104
GENERAL "ASSEMBLY, MEMBERS
. OF.
Code amended, " . 80
Oaths, how taken by, 81
GRESHAM, G. W.
See Currill, John S.
GUARANTEED BONDS.'
Interest on, 34
How paid, 34
INDEX.
177
Corporatiohs, how proceeded against, 34
Proviso, 3.4
HARRISON, J. C. '
Act for the relief of the sureties of,
127
HASKlNS, J. H.'
Act for the relief of, and his securities, 127
. • HAYMOND, A! F. •
Act for relief of, 132
Amount appropriated, 132
HILLSVILLE MILITARY ACADEMY,
Act incorporating, in Carroll county-, 141
Powers, • 141
How managed, • 141
Trustees, ^ 142
Treasurer, ^ 142
Bond to be executed, 142
.Mode of subscription^ 142
HORE, E. A. W.
Act for the relief of, , 122
ILLEGAL ASSESSMENTS.
Penalty for, ' 36
How enforced, • . 36
Against whom, _ 36
Who exempt, ! 36
ILLEGAL COLLECTION OF TAXES.
See Illegal assessments.
ILLEGAL CURRENCY. .
Penalties remitted, 84
Proviso, 85
Act of March 1854 repealed," 85
Proviso, 85'
IMPRESSMENTS-
Resolution in relation to,
153
INDIAN TRIBES.
Act concerning-bonds held in trust for
certain, • • -. 34
Preamble, 34-5
Transfer, how made, . 35
'Certificates, how issued, 35
Interest, how paid, ' 35
INDIGENT SOLDIERS.
Act for relief of widows and minor chil¬
dren of, 59
Allowances, how ma'de, 59
How chargeable, " 59
Who to make allowances, . 59
When, . 59
Justices to be .summoned, 59
' INSOLVENT MUSTER FINES.
How certified, , 60
To be allowed by auditor, • ' 60-
JAILS AND POORHOUSES.
To be used by Confederate States for
safe keeping of free negroes, . 63
When free negroes to be committed to, 63
Duty of jailor and overseer of poor, 63
12
JAMES RIVER AND KANAWHA CO.
Act of 23d March 1860 amended, 73
How amended, . 73-4
Powers of Kanawha board, 74
Registered stock, how issued, 75
Stock, how deposited, # 75
Bond, how executed, 75
JUDGMENT LIENS.
Code amended, 78
Lien of judgment, 78
' JURISDICTION OF VIRGINIA.
Resolution relative to, 153
KELLEY, JOHN.
Act to pay to, the amount of a judg- ■
ment -against the board,'of public .
works; 123
KERSEY, EDWARD, ET AL.. ■
Act authorizing the granting of a new
trial, by the'judge of the hustings
» court of the city of Richmond, to, 122
. • KIRK, W. N.
See Currell, John S.-
LAWSON, C. N., ET AL:
Joint resolution requesting the governor
to commission, 145
LESSEES OF WASHINGTON AND
SMYTH SALT WORKS.
Joint resolution in relation to, 156
LICENSE.
Who may obtain,
26
LIGHT INFANTRY COMPANY IN
HALIFAX.
Joint resolution in relation to, 145
LIGHT INFANTRY COMPANY FROM
MIDDLESEX..
Joint resolution authorizing governor to
accept, . 144
LOYAL CITIZENS.
Act for the protection of, 99
Preamble, 99
Penalty for issuing process, 100
Penalty on sheriff or'constable, 100
Judgment, how obtained, . . 100
Sureties liable, 100
Lien ereated, • 101
Record proof not-required, 101
Property of, how restored, 101
,LUSK, JOHN A. M.
Act to authorize the auditor of public
accounts to settle with sureties of, 120
MANASSAS GAP RAIL ROAD.
See Rail road connection. ■ -
MARENGO LODGE No. 109, . I. O. O. F.
Act incorporating, at Martinsburg,. 138
Property to be held, 138
Powers, 139
178
INDEX.
MARLIN'S BOTTOM AND WEBSTER
COURTHOUSE ROAD.
Road to be constructed, . • 76
Amount appropriated, •• - ■ .76
Proviso, 77
.MARYLAND VOLUNTEERS.
To be transferred to Maryland regi¬
ments, " • 56
Preamble, ' 56
How transferred, . 56
MAURY, R. H. & CO.
See Coupon bonds.
McKINNEY, BARNEY, ET AL*
Act authorizing a reassessment of a
house" and lot in Lynchburg owned
' by them, anil for the repayment-to
them of .certain taxes, 119
. MILITIA.
Resolution in relation to, discharged .
from confederate-service, 147
• . MILITARY FORCES.
See Enrollment. ■ .
MITITARY FORCES OF VIRGINIA.
Accurate list and record of, .to be made, 53
Record of, to be made, . 53
Lists, how made out, 53
Powers of governor,- • 54
MILITARY -CONTINGENT FUND.
Organized, 61
Payments to be made from, on the
. order of the governor, 61
Amount appropriated for, 61
NEGRO CONVICTS.
• When employed on public works, 103
When to be employed in making iron, 103
Governor to prescribe rules, 103
NEW COMPANIES.
Resolution asking secretary of war
. to decline to receive, 145
NORTHWESTERN .BANK OF VA.
See Graziers-Bank.
OAK GROVE CHURCH. •
Trustees of, to sell and convey property, 139
OFFICIAL SEALS, TAX" ON.
See Taxes;
ORDNANCE DEPARTMENT.
Act creating, amended, . -52
Officers appointed by governor, '53
Their pay, • 54
ORANGE AND ALEXANDRIA RAIL
. ROAD.
See Rail road connection.
ORGANIZATION OF MILITARY
FORCES.
Who to be enrolled, 44
What cities, 44
First class, '• 44
Second class, # 44
Where to perform duty, " 45
For what period, 45
First Class.
How organized, ( 45
How rearranged, ' 45
Regiments, when consolidated, . 45
How officers appointed, 45
Second Class.
How organized, - 45
When, may be drilled, 45
Militia laws applicable to, ^ .'46
Exemptions, , 46
PENITENTIARY STOREKEEPER.
To make quarterly statements, 107
Penalty for failure, 107
PIEDMONT RAIL ROAD COMPANY.
Ordinance of North Carolina incorpo¬
rating, ratified, 71
Proviso, • 71
Further condition, . 72
NEW RIVER.
Constituted a lawful fence, 136
Board of public works to remove ob¬
structions in navigation of,
When work to be completed, 72
Amount appropriated, 72
Engineer to be employed, . • 72
Proviso, 72
NIMMO, R. M.
Resolution requiring him to execute
new official bond, 154
NON-COMMISSIONED OFFICERS AND
PRIVATES.
Joint resolution in relation to pay of, 146
NORFOLK BOROUGH.
Act of 1818 amended,- 116
Jurisdiction extended, 116
Form of presentment; proviso, 116
PIKEMEN.
John Scott to raise regiment of, • 54
Officers, how elected, 54
Who may be enlisted; proviso, 54
Appropriation, • • 54-
When pay to commence, ' 55
PITTS, JUDGE E. P.
Joint resolution in relation to, 155
PRISONERS IN CAMP'CHASE.
Resolution to enquire into their treat¬
ment, 152
PRISONERS.
Resolution concerning, held at Wheel¬
ing, 152
PROCESS IN SUITS.
See Taxes.
PROVISIONAL ARMY OF VIRGINIA
Organization of, 57
INDEX.
179-
Ordinance of convention providing for,
amended, 57
Officers of, • ' 57
Regimental officers, 57
Company-officers, • 57-8
Proviso, . .. 58
Gteneral and field officers, how ap¬
pointed, ' 58
Aids de camp, ■ ■ 58
Enlistments, • 58
PULASKI AND WYTJIE COUNTIES.
Lines of, changed, 106
PURCELL, C. W. &..CO.
See Coupon bonds.
RAIL ROAD CONNECTION. .
Between Orange and Alexandria .and 1
Manassas gap rail roads, *. ' 67
Preamble, . 67
Road, how extended, 67
Capital stock, how increased, 67
Company may borrow money, 67
Amount, . 67
Meeting of' stockholders, • 67
Stock sold, at what price; proviso, 67
Power of councils of Richnipnd and
Fredericksburg,- . ' 67-8
Terms of subscription, . '08
When road to be commenced, 68
Exemptions from taxation, when to
' cease, - .68
.Subject to existing laws, • ■ -68
Right of Manassas gap and Orange
and Alexandria rail road companies, 68
Time to commence work, • .68
How, in cases of partial constructions, " 68.
Cost, how paid, ' 68
Between Manassas gap and Winchester
and Potomac rail roads, 69
Board of public works authorized to con¬
struct road, ' 69
Powers of board, . ' 69
What may be'.-coudenmed, 69
Military efficiency, 69
How Condemned, . 70
Amount, how paid, 70
Arriount .appropriated, 70
Treasury notes, how issued, 70'
Interest, 70'
How receivable, '. 70
Ordinance to apply, ' . . • -70
Road, how transferred, * 70
Stock of commonwealth, how trans-r
ferred, . . 7-1
Road to be under control of board of
public works, '71
When board authorized to make other
arrangements, • • 71
Between Richmond and Petersburg, 64
Connection authorized, . 64
Proviso, ' • 64
Government, power ofj 64
Assent of cities not required, 64
Power of condemnation, 64
Damages, ■ 64
Notice to common council, '64
Surveys to be made, ' 64
Present connection, how abandoned, 65
RANDOLPH MACON COLLEGE.
Act authorizing the establishment of a
military school as a part of the in¬
struction at, 139
How managed,- . 139
Delegated authority, 140
Professors, ' . 140
Terms upon which students inay be ad- ■
mitted, ' . '• 140
Proviso, • 140
Duty of officers, 140'
Board of visitors, . 140
Returns, ' ■ 140
Powers of governor, . ' 140
Authority to confer degrees, * 141
"Commissions, • ' <• 141
RANGER COMPANIES.
Organized, ' 51
Officers commissioned, • ' • 51
Companies, how organized, 51
Pay of officers and privates, 52
Under command of governor,- 52
Where comp'apies to act, 52
When'to be-under confederate authority, 52
Proviso-, ' • 52
•REMOVAL.
Of records and .papers of courts; 79
Code amended, 79
When records may be removed, 79
Penalty, . 80
REPAIR AND PURCHASE.
Cannon, how repaired, • 46
Small arms to Jbe purchased, 46
Appropriation, 46
Contracts, how made,. 46
REQUISITION. ..
On Virginia by president Confederate
States -for troop's, • ' ■ '41
Governor to ascertain" what number of'-
men to be raised, 41
Companies to number 100 men, 41
How apportioned, 41
.Volunteers to report, . ' 42
Quotas, how drafted, . ' 42
Levies, how assigned, • 42
Re-enlistment, 42
Roll of company, " • 42
Draft, how made, 42
Draft, how apportioned, ■ • 42
Artillery companies, ' 42
Who discharged, 43
Companies, how reorganized, 43 •
Officers not re-elected, . 43
Field officers, how elected, ' 43
Company officers; term of service, ' 43
Substitutes, how furnished, ' 43
If substitute be drafted, 44
Persons claiming exemption, how ex¬
amined, i 44
Volunteers, how accepted, 44
RICHMOND AND PETERSBURG RAIL
ROAD.
Act releasing lien from, • 65
Preamble, ' 65-6
Lien released, 66
180
INDEX-
RUSSELL COUNTY.
One hundred and seventy-seventh regi¬
ment of, attabhed to'28th brigade, • 57
Where to train,. • . '57
SABBATH (VIOLATIONS OF).
Hunting, &c. prohibited, . 93
Fines, how recovered, 93-4
Recognizances; how given, 94
Fines., hovV .recoverable, 94
Restraining clause, 94
SALES OF REAL ESTATE.
Under executions in fayor of the com¬
monwealth, • . 78
Code amended, 78
Sale, how made, 78
Time of credit, 78
Fees and commissions, - 78
When officer liable, ■ 78
SALT.
.Joibt resolution in relation to purchase
of, • . 157
SALTVILLE AND TAZEWELL
COURTHOUSE ROAD. . .
Road to be repaired, 77
Amount appropriated, • 7.7
SEAL OF COURTS. -
"Tax' on, when not exacted, 60
'When refunded, pi
SHERIFFS.
.Act to suspend proceedings against, 37
SINKING FUND.
'No further investments to be made, 31
SLAVES.
To prevent escape of, in certain counties, 104
Powers of county courts, 304
Boats to be destroyed, 104
Justices to be summoned, 104
SMALL "NOTES.
Authority to issue bank notes, 82
Notes redeemed, • 82
Forfeiture, . 82
City of Richmond to issue, 83
Amount, * 83
Certain towns to issue, 83
State stock banks, 83
Powers of cities, counties and towns to
issue, " . 83
Notes, how redeemed, ■
Quarterly returns to be made, 84
Repealing clause, 84
Obligation on real and personal property, 84
See Circulation of small notes.
SMOOT, NORMAN C., ET AL.
Act for relief of, commissioner of re¬
venue. of Hampshire county, 129
What appropriated, . 129
SOUTH SIDE RAIL ROAD.
Line of road, how changed, 66
.SOUTHERN PROTECTION INSU¬
RANCE COMPANY.
Joint resolution in relation to changing
office of, 158
SPECIE PAYMENTS.
Act of 1861, chapter 57, amended, 86
Privilege suspended, • ' 86
Forfeitures remitted, • ••86
Proviso, ' 86
SPECIAL MESSENGERS.-
Joint resolution authorizing governor
to send, to obtain enrollments, • 147
STAY LAW.
Act re-enacting ordinance of conven¬
tion, 94
Act to suspend sales, &c« 95
Execution not to issue, . 95
Infancy, &c. 95
Proviso, • 95
Proviso'as to attachments, 95
Execution, how issued, , 95
How quashed, 95
Property, how retained; . 95
Cases which may be tried by a jury, •• 96
Other cases n'ot to be tried, 96
Issues out of chancery, 96
Writs of ad quod damnum, . 96
Misdemeanors, 96.
Limitation, 96
Liabilities of public officers, 96
Interest, when collected, 96
Interest and alimony, 96
Payment of interest, how enforced, 97
Execution, how directed, • 97'
No 'security to be taken, . 97
Ordinance repealed, 97
Who may have benefit of such act, 97
SUPERINTENDENT OF WEIGHTS
AND MEASURES.
Office of, abolished, • 106
Register to perform duties of, 106
SUSPENSION OF SALES, ETC.
See Stay law.
TAXES.-'
On land, 3
What included therein, _ * 3
On personal property, 3
What included, ' 3
What exempted, • 3
On free negroes, 4
On white males, ' 4
On public bonds, 4
On bank dividends, 4
On dividends of other incorporations, &
On dividends of corporations not char¬
tered by this state, 5
On- income, " 5'
Exception, 5
Taxes of officers, how paid, 5
On toll bridges and ferries, ' 5
On collateral inheritances, " 5
On estates passing under sequestration
acts, . * 5-6
On internal improvement companies, 6
INDEX.
181
Companies, when to report,
What to report,
When only partly in 'state,
Report made on oath,
Penalty for failure,
Tax on passengers,
To he exempt from tax on land,
In case' of failure to pay tax,
Express companies,
Semi-annual reports,
Returns on oath,
On receipts,'
Exception,
• Penalty for failure t® •report,
On original suits,
On appeals, &c.
On seals,
On wills an<J administrations,
On deeds,
On bank corporations,
On manufacturing companies,
On gas- light and other companies,
On savings institutions,
■On private corporations,
Exceptions,
• Unorganized companies, how taxed,
Licenses.
Ordinaries, "
Retailing,
Cook.shops and eating-houses,
Private entertainment,
Bowling alleys,
Billiard tables,-
Bagatelle tables, • .
Livery stables,
Distilleries,
Tax for distilling,
Rectifying ardent spirits, ■'
Tax,
Additional tax, if continued,
Merchants,
.Merchant's specific tax,
When tax proportioned to sales,
Merchant's permission to sell ardent
spirits, ' '
License'to beginners,
To continue business,
Merchant tailors and others,
Commission merchants,
Tobacco auctioneers, •
Ship brokers,'
Auctioneers;
Scale of license, .
Real estate auctioneers,
Per centage, when charged, ' .'
Where sales to be made,
Exceptions,
When goods may be consigned,
Taxable sales, «
Common crier,
Sample merchants,
Express and telegraph companies,
Patent rights,
'Quack.medicines,
-Book agents,
If non-residents,
Religious books, \
Agents for renting houses,
Agents for hiring negroes,
-Stallions and jackasses, •
Theatrical performances, • 15
Theatre, . • . 15
Tax for twenty-four hours, 15
For three months, . 15
Refreshments in theatresj • 15
Ardent spirits, ' 15
Shows, circuses, &c, • . 15-16
Manufacture of malt liquors, '' 16
Sale of malt liquors, how licensed, • 16
Brokers, 16
Insurance companies, 16
Physicians, attorneys, &c. . 16-17"
Daguerreian artists, ( 17
Horses brought into the state, 17
Horses, mules, &c. sold, for profit, 17
Carriages, buggies and other vehicles, 17
Slaves bought or sold for profit, * 17
General provisions, ' 17
-Tax on corporations,, '- , 18'
When acts to be published, . 18
When-not, • 18
Tax tickets, when made out, 18
Penalty for failure to obtain license, 18
Limitation of license, • •' 18
Where, licensed privilege-to be exercised, 19
Forms for tax payers, 19
Market value of stocks to be taxed, • 19
When double tax imposed, . 19
When' deductions made from commis¬
sioner's compensation, "19
Slaves and similar subjects, how taxed, 19
Value of lands and lots not to be
changed, 20
When agricultural products to be
tajted, . 20 •
Domestic manufactures, how taxed, . 20
Licenses, how granted, 2C-21
Change of firm, * • 21
Insolvents, how collected, 21
Commission, t 21
Penalty on officers, ^ -21
License to sutlers, 1 . 21-2
License to a merchant who is -a be-
. ginner, . 122
Commissions to commissioners, 22
Repealing clause, • 22
TAXES ON DIVIDENDS,- ETC. *
Banks to declare dividends, 22
When and for what period, 23
Cashier to report to auditor, • 23
' In case of no' dividend, report, to be
made, ' '23
Penalty for failure to report, 23
Dividends to be paid into the treasury, 23
On certain estates of decedents, 23
Tax on collateral inheritances, . 23
Duty of commissioners to assess tax, 23
Rate of tax, v 23
Where annual tax to be placed, 23
Specific tax, • 23
Sheriff to collect and pay tax, 23
Exception, • 23
When estate deemed paid or delivered,. 24
Personal representative liable to da- •
mages, ' ' 24
Sheriff to collect, 24
The per centum on tax, 24
Personal representative to .sell property
-to pay tax, 24
6
6
6
6
6
6
6
6-7
7
7
7
7
7
■7
7
7
8
8
8
8
8
9
■9
9
•9
9
30
1.0
JO
10
10
10
11
11
11
11
11
11
11
11
11
12
12
12
12
12
13
• 33
13
13
13
13
33
13
13
13
13
13
14
14
• 14
14
,14
14
14
14
15
15
182
INDEX.
Writ tax; tgx on seals, &c. . ' 24
Tax on. process to be paid to the clerks
of courts, 24
When tax on seals not to be charged, 25
Deeds not to be admitted to record
until tax is paid, 25
Will not admitted to probate until
tax is paid, * - 25
No administration to be granted until '
tax is paid, ' 25
How clerks, &c. to account and pay* 25
Correctness of, to be Sworn to, _ 25
Commissions for collecting, . •• 25
Penalty for failure, ' 25
For continued failure, 25
No money to be drawn by any clerk '
until .report is made, 25
Where money to be paid; when, 25
Judgment in case of default, 25
How and where taken, . 2d
Judgment to be without notice, 26
TEMPORARY DEFICIENCIES.
Money, how borrowed, - 31
Act of 1851 inoperative, 31
TREASURY NOTES-
Issue authorized; amount, 30
Denomination, 30
Receivable in payment of taxes, 30
Ordinance of convention, ' .30
How signed, 30
THORN ROSE CEMETERY.
Act amending second section of act of
incorporation,' 138
. TRIAD.
Of persons in certain cases, 98
When offence committed in counties
in the hands of the enemy, &c. 98
Duty of judge, .98
Examining court, . 98
Venue, how changed,. 98
Where confined, 98
# TURNPIKE AND. PLANK ROAD
COMPANIES.
Dead timber, how to be removed, 75
Fines, 76
' UNION (TOWN OF).
Act of' 1861 amended, 117
Delegated powers', 117
Bonds to be given; liabilities, 117
Record preserved, 317
Liable to taxation, ' 117
Oath of office of mayor, 117
Powers of mayor; fees, 117
Patrols, 317
VACANCIES,
To be filled pro tempore in certain cases, 105
VAUGHAN-, JOHN W.,. ET. ALS.
Act for the relief of, 121
.' VIRGINIA CANAL COMPANY.'
Act 29th March 1861 amended, 73
.How amended, 73
VIRGINIA FORCES.
Complete lists of, to be filed, 53
Lists, how made, . 53
Powers of governor, . 54
VIRGINIA MILITIA.
Joint resolution concerning the discharge
of a portion thereof, • 147
VIRGINIA'S QUOTA OF THE CON¬
FEDERATE .ARMY.
Joint resolution in relation to, ' 144
VOLUNTEER -COMPANY IN THE.
CITY OF PETERSBURG.
Joint resolution concerning, < 146
VOLUNTEER COMPANIES-.
From any county or corporation which
may have furnished its quota to the
confederate army, . 144
Resolution authorizing the governor to
• receive, 144'
VOLUNTEER FORCES OF THE STATE.
Resolution In relatioh to, 143
WARM SPRINGS AND HUNTERS- .
' VILLE- ROAD.
Road to be repaired; amount appropriated, 76
WASHINGTON, JOHN.
Governor to sell convicted slave named
Richard to, 133
Amount required to be paid, * 133
WAR TAX.
See Confederate States war tax.
WESTERN VIRGINIA.
Resolution for joint committee to copfer
with confederate authorities in rela¬
tion to defence of,. 154
WHITEHEAD; A. J.
Act for relief of, . 128
Amount appropriated, 128
WILLEY, COL. W. J.
Resolution in relation to, • ". 148
WILLS.
See Taxes on dividends, <&c.
WINCHESTER AND POTOMAC RAIL
ROAD.
See Rail road connection.
» • WISE COUNTY.
Attached to 17th brigade,
57
WOOLDRIDGE, A. S.
An act to authorize the county courf of
Powhatan county to correct the as¬
sessment of the lands of, 119
YORK SPIT LIGHT VESSEL. ' .
Act /or relief of officers and crew of, 124
Appropriation limited, 124
How appropriated, 124
ACTS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF VIR GTIISTI-A.,
PASSEP AT EXTRA SESSION, 1862,
IN THE
EIGHTY-SIXTH YEAR i)F THE COMMONWEALTH.
RICHMOND.:
WILLIAM F. RITCHIE, PUBLIC PRINTER.
1862.
ACTS'
passed at the
EXTRA. SESSION IN 1863.
Chap. 1.—An ACT prescribing the mode of obtaining Jfidgtaent against
defaulting Collectors of Taxes and otKer Public'Dues.' r
Passed .May 17,1862.
i. Be it enacted by the general -assembly, that the twenty-third Acts of i860
section of chapter fourth, entitled an act for the collection of taxes amended
On persons and property, passed March twenty-eighth, eighteen hun¬
dred and sixty, and the fifty-third and fifty-fourth sections of chapter
second, entitled an act making regulations concerning licenses, passed
March thirtieth; eighteen hundred and sixty, and the twenty-fourth Act of 1862
Section of chapter second, entitled an act amending and re-enacting amended
the thirty-ninth chapter of the Code, in relation to taxes on dividends,
'certain estates of decedents, process on suits, official seals, deeds,
wills, administrations and'foreign insurance companies, passed March
thirty-first, eighteen hundred and sixty-two, be reduced into one sec¬
tion, amended and re-enacted so as to read as follows*: '
" In case any sheriff, clerk or other collector of - taxes, or any per- sheriffs and
son or corporation charged, with the collection, or payment of taxes, collectors
militia fines- or other public dues, fail to pay the same into the trea¬
sury at the time and in the manner prescribed by law, the auditor of judgment, how
public accounts may file in the clerk's office of the circuit court ofobtained'
the city of Richmond, or. of the'county, city of town-within which the
auditor of public accounts shall at the time be authorized to perform
the duties of his office, with the clerk thereof, an accurate statement
of the amount with which any such collector may be chargeable on
account of such taxes, militia fines or other public dries; and there¬
upon such clerk shall enter up judgment against such collector and
his sureties (where any has been given), jointly or severally, or
against any one or more of them, for the amount wherewith, he is
chargeable, with interest thereon, at the rate of twelve per centum interest
per annum, from the time of the failure to pay until payment, and Damages
fifteen per centum damages in addition thereto, unless the auditor of
public accounts shall in his discretion, for good cause, accept a judg¬
ment -with a less per centum of dam'ages. A judgment so rendered
4~
FINANCIAL.
shall have the same validity, and be subject in all respects to the like
New trial, when proceedings thereupon, as if it had been rendered by the court, and
may, within two years after it has- been so rendered, for good cause,
and 'upon such terms as the court may prescribe, be set aside, and a
trial had thereon as upon' a motion."
Commencement 2. This act shall be in force from its passage.
Chap. 2.—An ACT authorizing a Change of Licenses.
Passed May 15,1862.
License, how . 1. Be it enacted by the general assembly, that in case- any person
changed , has obtained a license authorizing any business Or performance in
any specified county or corporation, it shall be lawful, during the.
existing war, to have such license changed in the s.ame manner now
authorized in a county or corporation, so as to authorize the business
or performance licensed in any other county or .corporation; and if
such person shall'have been engaged in business in any-county or
corporation in this state during the preceding yOar, such person may
obtain a license in .any other county or corporation upon the same
terms and at the same rate of tax,' and not otherwise, as if the ap-
' plication had been made in the county or corporation where the
former license was granted: provided, that the'business of perfor¬
mance shall not extend to si greater number of counties or corpora-
Restriction tions than allowed by existing laws. But this act shall not be con¬
strued to apply so as "to authorize any person to do business under
his license in any county, city or town other than that for which it.
was obtained, unless he was so prevented from conducting his busi¬
ness or performance by reason of. the presence of the public.enemy.
Commencement ' 2. This act shall be in force from its passage.
Chap.*3.—An ACT concerning Treasury Notes.
Passed May 14,1862."
Treasury notes, 1.'' Be it enacted by the general assembly, that all or any portion
how issued treasury notes authorized to.be issued in pursuance of the act
entitled an act authorizing the issue of treasury notes, passed March
thirty-first, eighteen hundred and sixty-two, may be issued in the de¬
nomination'of one dollar, or-the multiples of one dollar.
Commencement 2. This act shall be in force from its passage.
FINANCIAL*—MILITARY AFFAIRS.
5
CHAP. 4.—All ACT prescribing the effect o'f a' judgment in favor of tbe
Commonwealth against a deceased person.
Passed May 9, 1862. •
1. Be it enacted by tbe general' assembly, that if a judgment in judgment not
favor of the commonwealth be rendered against any person who is foath^f party
dead at the time of rendering the same, the said judgment shall -not
be invalidated by reason of the death of such person, but that the
same shall operate to all intents and purposes* and have tlie same
.effect as if it were a.judgment against the personal representative of
such deceased party; but the' time within which the right to'-review Bight of appeal
the judgment or appeal therdfrom, and the'time within which the dis¬
tribution of assets shall be made, shall commence at the time per¬
sonal notice is given to such personal representative of the'rendition
of such judgment.
2. This act shall be in force from its passage. Commencement
Chap. 5.—AN ACT to authorize a Force Of Ten Thousand Men to be -raised
for the Defence of the Commonwealth.
Passed May 15,1862. r
. 1* Be it enacted by the general assembly, that the governor of John b. ftoyd a
this commonwealth be and he is hereby authorized to commission ma-'or generai
John B. Floyd'a major general of the state of Virginia, with autho¬
rity to raise,* by voluntary enlistment, a force "not exceeding ten thou*- Force to he
sand men, who are not in the service of this state or of the Confede- raised
rate States, or liable to draft' under the act of congress, commonly'
called the "conscription law," approved on the sixteenth day of
April eighteen hundred* and sixty-two".
2. That the said force shall be divided into two brigades, to be How divided
composed of'five regiments of not less than one thousand men each;
for which brigades the governor is authorized to appoint* and "commis¬
sion two brigadier generals'; and such appointment may be. made for
either brigade when three regiments in such brigade shall have been
raised, ofgariized and officered.
3. The governor shall appoint and commission'forthwith, ten cap- captains to be
tains for each regiment in each brigade, with authority to raise, by c<,mmissitmed
opening recruiting stations or. otherwise,' companies of one hundred
men each, including commissioned, non-commissioned officers and
■privates; and whenever ten companies are'raised and mustered into Regiment, bow
service as required by law, the governor shall cause the same to be 01gamzed
organized into a regiment, and shall appoint and commission therefor
one colonel, one lieutenant colonel and one major to command the
MILITARY AFFAIRS.
same. Each of the said companies shall be and is hereby authorized
to elect one first and two second lieutenants; the said elections to be
superintended by the captains, ancl to be certified to- the, governor-,
and commissioned by him. The captain of each of said companies
is authorized to appoint therefor five sergeants and four corporals.
Vacancies 4. That all vacancies shall be filled by the governor from the com¬
pany,-battalion, squadron or regiment in which such vacancies shall
occur, by promotion according to seniority, except in cases of disa-
in lowest grade bility or other incompetency; and .whenever a vacancy shall occur
in the lowest grade of commissioned officers of a company, said va¬
cancy shall be filled by election, as herein before provided. ■, ,■
Cavalry and 5. In each brigade the governor is hereby authorized to appoint
flrtillfirv * . •
and commission as mUny captains of cavalry and as many captains
of artillery as he in his discretion may think proper.
Staff of major 6-. The staff ftf the major general. shall consist of two aids de
general camp, one assistant adjutant general, one division quartermaster,
who shall act as commissary; each with the rank of like officers in
the service of the Confederate States: provided, however, that the
division quartermaster shall not be appointed, unless two brigades of
not less than three regiments each have been raised. „•
staff of briga- 7. The staff of each brigadier general shall consist of one aid de
dier general camp5 one assistant adjutant general, and one quartermaster, who
shall act as commissary; each with the rank and pay of first lieu¬
tenant of cavalry.
Staff of colqpel 8. The staff of a colonel shall consist of one quartermaster, who
shall act as commissary, one surgeon, two assistant surgeons, one ad¬
jutant, with the rank of similar officers in the confederate service,
one sergeant major, one quartermaster's sergeant and two musicians.
Row armed and 9.' The governor shall cause the said division hereby authorized to
equipped raise(j to be armed and equipped according to the description of
the force, whether artillery, cavalry, riflemen or infantry, with the
best description of arms and ordnance possible to be procured, and
to furnish them with the necessary equipments, ammunition and mu¬
nitions of war, with suitable camp equipage and transportation.
The cavalry, however, shall furnish their own horses, on the same
terms as in the confederate service.
Force, how 10. The said force, as soon as t'hey are mustered into service;
which shall be for the term of twelve months, shall be governed by
the articles of war which may be in force at the time for the govern¬
ment of. the troops of the Confederate States, and shall be subject to
the orders of the governor of Virginia, for- such duty as he may re1-
MILITARY AFFAIRS.
7
quire; not inconsistent with the constitution and laws of this state or
of the Confederate States. The officers and privates of the forces
herein authorized to be raised shall receive the same pay, allowance
and rations as officers and privates of the same grade and in like
service are/entitled to in the service of the Confederate States, ex¬
cept that they shall receive no bounty; and no officer authorized to
be commissioned by this act,'nor non-commissioned officer or private,
shall receive pay before being mustered into the service of the state,
subject to the orders of the governor.
.11. To carry into effect the provisions of this act, the sum of two Amount appro*
millions five hundred thousand dollars shall he and the same is hereby priated
appropriated out of- any money, in the treasury not otherwise appro¬
priated: and the-governor and auditor of public accounts are autho¬
rized, if necessary, to "borrow from time^to time, at a rate of interest
not exceeding six per centum, parts of said sum of money, or to
cause registered- stock of the commonwealth to be issued and sold at
par, for the purpose of raising from time to time parts of said sum
of money; or if the necessary amount of money should not be so
obtained, to cause to be issued treasury nqtes of the»commonwealth
in the manner as provided for in the ordinance of the convention au¬
thorizing the issue of treasury notes, but without interest.
12. The governor may aulhorize such portion of the said ten thou- Howforce to
, . , ' , • co-operate with
sand men as he may deem proper, to be raised tor service m particu- an army
lar sections of the state, or for co-operation, with particular depart¬
ments of the confederate army, so long as they may be needed in-
such district; and. for this purpose-may confer special authority on
such number of officers as he may deem expedient, who, when the
requisite number of men are raised, shall be commissioned by him;
but the troops thus raised shall at all times be subject to the orders Subject to orders
of the governor, and may, whenever in his opinion it is proper, be0 goveinor
ordered for service to any portion of the ■ commonwealth."
13. In enacting the foregoing bill, the general assembly does not, Protiso
to any extent whatever, intend to censure the recent action of the
confederate executive in reference to General John B. Floyd, or to
express, by implication or otherwise, any opinion on that, subject.
14. This act shall be in force from its passage. Commencement
Chap. 6.—An ACT amending and re-enacting the first section of an act
passed 15th May 1862, entitled an act to authorize a Force of Ten Thou¬
sand Men to be raised for the Defence of the Commonwealth.
Passed May 17,1862.
1. Be it eiiacted by the general assembly, that the first section of Act of May W,
an act entitled an act to authorize a force of ten thousand men to be 1862'amended
s
MILITARY AFFAIRS.
raised for the defence of the commonwealth, passed May fifteenth,
eighteen hundred and sixty-two, be amended and re-enacted so as to
read as follows:
John b. Floyd a " § 1. Be it enacted by the general assembly, that the governor of
major general commonwea]^j1 pe an^ he is hereby authorized to commission
John B. Floyd a major general of the state of Virginia, with autho¬
rity to raise, by .voluntary enlistment, a force not exceeding ten thou¬
sand men, who are not in the service of the state of Virginia or of
the Confederate States, or liable to draft under the act of congress,
commonly called the ' conscription law,' approved on.the sixteenth day
who may be ap- of April eighteen hundred and sixty-two: provided, that the governor •
pomted o cera j^yg authority to appoint, to the offices herein after authorized
to be filled by him', any persons in the confederate- service, or liable,
thereto under the ' conscription law' aforesaid, whom the president of
the Confederate States may consent to discharge from the confede¬
rate service."
Commencement 2. This act shall be in force from its passage'.
Who may or¬
ganize compa¬
nies
Commissions,
how issued
Chap. 7.—An ACT to organize a Home Guard.
Passed May 14, 1862.
I. Be it enacted by the general assembly, that the citizens of each
of the counties of this commonwealth, who are not subject to, and
those who are exempt from military duty by the laws of this state or
of the Confederate States, he and the same are hereby authorized to
raise? by voluntary enlistment, one or more companies of not less
than fifty nor more than one hundred men, rank and file, to act as a
home guard for said counties: and whenever a-sufficient number
shall be raised to form a company, they are hereby authorized, under
the superintendence of a commissioned officer of a county, or of
such person as the governor may designate, to elect a captain and
two lieutenants, whose election shall be certified by the officer or
person conducting the same, to the governor of this commonwealth,
who shall thereupon commission said officers. The captain of each
company is hereby authorized to appoint therefor four sergeants and
four- corporals.
By-laws, &c 2. The said companies are hereby authorized to adopt such by¬
laws and regulations for their government as they may choose, not
inconsistent with the constitution and laws of this state or of the
Confederate States. Said force, when in actual service, shall be
governed by, and he subject to all rules, regulations and articles of
war which may be in force at the time for the government of the
troops of the Confederate States. '
MILITARY AFFAIRS.
9
3. The said companies shall, operate as' a guard and police for Guard and
their respective-counties during the war; and the officer in com-police
mand is hereby authorized to order such force to rendezvous at any
point that he may determine upon, whenever in his opinion the
safety 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 may1,e8lected
shall be commissioned by the governor, to command the whole.:
provided, however, that,the troops hereby authorized to be raised
shall not be. marched beyotfd the limits of their respective counties
against, their consent,' or kept in active service for more than- thirty
days1 at any one time.
4. The troops hereby authorized to be raised shall furnish their Weapons, how
own weapons, and shall not be entitled to compensation for their compensation
services, except' that they shall be furnished with rations authorized Rations
by law when in actual service : but the governor shall' provide them
with such ammunition as the exigency of the service may require;
to be deposited with the senior officer of said corps in each county,
who shall give bond and security for the proper disposition of the
same. ■ '
5. The officer in command shall have power, when in active ser- Quartermaster,
vice, to appoint a quartermaster, who shall act as commissary, and how appomt'd
who shall give bond and security for the faithful performance of his
duty, in" such penalty as the "officer aforesaid shall require.
6. This act shall be in force from its passage. Commencement
Chap. 8.—An ACT to authorize the Governor of Virginia to co-operate
_ with the Confederate Government in and about the Defences of Rich¬
mond and Petersburg.
Passed May 1§, 1862.
P Be it enacted by the general assembly, that .the'sum of two Amount appro-
hundred thousand'dollars b.e and the same, is hereby appropriated, pnated
out of any money in the treasury not otherwise appropriated, to'en¬
able the-governor to co-operate with the president of the Confederate
States on consultation in and about the most effectual ways- .and
means of promoting the defences of the cities of Richmond and Pe¬
tersburg, or either oP theni: provided, that the money herein appro- proviso
priated shall 'only be expended in obstructing the water approaches
Jto said cities.
2. That the governor be and he is hereby required to make in de- power and duty
tail a report to the general assembly of all sums and for what pur- of governof
poses expended in virtue hereof, and that he make the same, by
demanding reimbursement thereof to the state by the confederate
government, a charge 6n that government.
3. This act shall be in force from its passage. Commencement
10
CHANGES IN' CODE.
Chap. 9.—Ah ACT to amend and re-enact tlie 1st section of chapter 108
of the Code of Virginia.
Passed May 9,1662.
Code amended 1. Be it enacted, that the first section of chapter one hundred and
eight of the Code of Virginia be amended and re-enacted as fol¬
lows, viz:
License for mar-' "■§ 1. Every license for a marriage shall be ^ssued by the clerk of
How issued the court of the county or corporation in which the female to be
married usually resides, or if the office of clerk be vacant, by the
senior justice of such county or corporation, who shall make return
thereof to the clerk, so soon as there may be one; or in case of the
presence- of the public enemy in such county or corporation, by the
clerk or senior justice, as the case may be, of any county or corpo-.
ration in which the female to be married may have resided for thirty
days next preceding the issuing of the license."
Commencement 2. This act shall be in force from its-passage.
Chap. *10.—An ACT to amend and re-enact section 13, chapter 207 of the
Code of Virginia.
Passed May 9, 1862.
Code amended 1." Be it enacted by the general assembly, that section thirteen of
chapter two hundred and seven of the Code of Virginia be amended
and re-enacted so as to read as follows:
" § 13. Except in time of war, a person in jail on a criminal
charge shall be discharged from imprisonment, if he be not indicted
before the end .of the second term of the court at which he is held to
answer, unless it appear to the court that material witnesses for the
commonwealth have been enticed or kept kway, or are prevented
from attendance' by sickness or inevitable accident, and except also
in the case, provided in the following section."
Commencement 2. This act shall be in force from its passage.
When person
"may be dis¬
charged *
Witnesses'
CHAP. 11.—An ACT to amend and re-enact section 1, chapter 162 of the
Code of Virginia (edition of 1860).
Passed May 19, 1862,
Code amended .1. Be it enacted by the'general assembly, that the first section
of chapter one hundred and sixty-two of the Code of Virginia of
CHANGES IN COt>E. 13
eighteen hundred and sixty be amended and re-enacted so as to
read as follows:
u § 1. All free white male persons, twenty-one years of. age, shall Who may be
be liable to serve as jurors, except as herein after provided." grand 3urors
2. .This act shall be in force from its passage. Commencement
Chap, 12.—An ACT to amend and re-enact section-7, chapter I03'of the
Code.
Passed May 17, 1862.
1. Be it enacted by the general assembly, that the seventh Section code amended
of chapter one hundred i and three of the Code be amended and
re-enacted so as to read as follows:
§ 7. If any tenant for life of a slave shall remove him, or permit Tenant for life
his removal Out of the state, without the consent of those in reversion of a slave
or remainder, he shall forfeit such .life estate and the full' valne of
such slave to the person in reversion or remainder; and should such •
tenant for life be one of several .remaindermen or reversioners in
such slave, the others may recover either jointly or severally their
shares in remainder or reversion in such slave from any person
claiming from or under such tenant for life: provided, if such tenant when slave may
for life in any county, city or town in the possession of, or likely to be removed
he overrun by the public enemy, shall remove temporarily", or cause
to he reproved temporarily any such slave out of the state and within
the Confederate States, with the bona -fide intention of preventing
such property from falling into the hands of the public enemy, then
none of the penalties imposed shall be incurred.'''
2. This act shall be in force from its passage. Commencement
Chap. 13.—An ACT amending the 19th section of chapter 14 of the Code,
concerning Salaries.
Passed May 14,1862.
1. Be it enacted by the general assembly, that the nineteenth 'gee- code amended
tion of chapter fourteen of the Code, jedition of eighteen hundred and
sixty, he amended and re-enacted so as to read as follows:
•
" § 19. All the annual salaries mentioned in the preceding sec- salaries, bow
tions shall be paid out of the treasury monthly, after being' dulypaid
audited. All the other allowances anc^the mileage mentioned in the
preceding sections shall in general' be payable when the services and
13
12
MISCELLANEOUS.
Pay of members travel sliall have been performed. But members of" the general as^
of assembly gembly and others traveling to the seat of government, who would
be entitled to mileage for traveling home, may receive the mileage
last mentioned before going home."
Commencement 2." This act shall be in force from its passage.
Chap. 14—An ACT to amend and re-enact section 5, chapter 205 of the
Code of "Virginia.
Passed May 9,1862.
1. Be it enacted by the general assembly, that section fifth, chap¬
ter -two hundred and five of the Code of Virginia be amended and
re-enacted so as to read as follows:
"§ 5. The court, at any such special session,. may adjourn the
examination to. the nest regular term, quarterly or monthly; or to am
earlier day, and at a regular term may continue any examination
from term to term, so that such continyance, except on the motion of
'"When witnesses the accused, or in time of war, or by reason of the witnesses for the.
FAept away commonwealth being enticed or kept away, or' prevented from attend¬
ing by sickness.or some inevitable accident, shall not be beyond the
third regular term after the examination was ordered. But if an
examination be commenced at any term, such term may be extended
untiLthe examination is concluded."
Jommencement 2. This act shall "be in foree from its passage.
i Oode amende'd
.'Examination,
■ how adj owned
Chap. 15.—An ACT to authorize the Sale of the Roanoke Valley Rail Road,
Passed May 14,1862.
•Sale authorized I. Be it enacted by the general assembly, that the Roanoke valley
rail road company shall have power to "sell their road, together with
all their property of every sort and description, either to the Raleigh
and Gaston rail road company or to the Richmond and .Danville rail
Sanction of road company; subject, however, to the approval and sanction of the
wortB°f PUbll° board of public works; and the purchaser under this aet shall have
and enjoy all the rights, privileges and immunities which the said
Roanpke valley rail road eompany had under their charter and the
several acts amendatory thereof; provided, however, that the pur¬
chaser under this act shall give satisfactory guarantees that the
extension of said'Roanoke valley rail road shall be completed to
Keysville, in the county of Charlotte in this state, within the present
• MISCELLANEOUS. 13
/
year, and that motive power and rolling stock sufficient to meet the
wants of the public along the line of said road shall be provided for
and put thereon within the same period : provided further, that the Restrictions
purchaser of said Roanoke valley rail road shall have no power or
right to discriminate, by its tolls or otherwise, against the interests of
any other work of internal improvement in this commonwealth.
2. Re it further enacted, that out of the proceeds of such sale the Debts to be
debts of said company shall first be paid; and then shall be paid, to B£ud
the state of Virginia the preferred stock held by said state in the
said company; and what remain? of the proceeds of said sale shall
be divided ratably among the stockholders of said Roanoke valley
rail road company.
3: This act shall be in force from its passage. Commencement
Chap. 16.-—An ACT t'o authorize the County Courts to purchase and dis¬
tribute Salt amongst the people, and provide payment for the same.
Passed May 9, 1862.
1. Be it enacted by the general assembly, that the courts of the When county
several counties of this commonwealth, when a majority of the act- chaL^alt^ PW*
ing justices of the county is present, or when the justices have been
summoned to attend to act upon the matter, are hereby authorized
add empowered to order the purchase, for the use of the people of
said counties respectively, such quantities of salt as the said courts
may deem necessary, and to provide for the payment of the same
by county levies, or by loans negotiated upon the bonds of the said
■counties, to he redeemed by county levies or otherwise. •
2. The said courts shall have power and authority to distribute Salt, how dis->
the salt thus purchased, amongst, or dispose of the same to the people tributed
of their respective counties, in such quantities, upon such terms, and
under such regulations as the Said courts may prescribe.
3. For the purpose of carrying out the provisions of this act, the Agents, how ap-
said courts may appoint or employ agents or commissioners, and1,011116,1
take from them bonds with approved security, payable to their respec¬
tive counties, in -such penalties as the said courts may prescribe,
with conditions for the faithful performance of their duties as such
agents or commissioners. The bonds so taken shall be filed in the Bonds
clerk's office of the court in which they are taken, and may be put
in suit from time to time by the said court, in behalf of the said coun¬
ties, or by any persons injured by the breach of the said conditions. Breach of condi¬
tions
4. This act shall be in force from its passage.
Commencement
14
miscellaneous'.
Amount appro,
priated
CHaP. 17.—An ACT making an Appropriation, in a certain contingency, fof
the protection of certain Inhabitants of the City of Richmond.
Passed .May 15, 1862.
Preamble Whereas a resolution, by the proper authorities, to hold this city
to the last extremity, rather than surrender to a bombarding force,
would necessarily expose the lives of numbers of women, children
and decrepit persons, resident at the seat of government, and unable,
by reason of their poverty or other cause, to remove themselves to a
place of safety: Therefore,
1. Be it enacted by the general assembly, that the sum of two
hundred thousand dollars be and is hereby made subject to the order
of tbe governor, to be paid out of any money in the treasury not
otherwise appropriated, to be placed by him at the disposal of the
authorities, mayor and council of the city of Richmond, on such
terms and in such amounts as he may deem expedient, for the pur¬
pose of aiding the removal and temporary maintenance of such per-
. sons as may by reason of their poverty or other cause, be unable to
Proviso withdraw from the effects of such bombardment: provided, that no1
portion of the money hereby appropriated shall be expended until
due notice is given by the proper authorities for the removal of such
persons.
Commencement ' 2. This act shall be in force from its passage.
crfap. 18.—An ACT to punish Purchasers of Property, falsely representing
themselves authorized to impress or purchase the same.
Passed May 14,1862.
When persons 1, Be it enacted by the general assembly of Virginia, that if as
to bo considered « « , « « * 1 ,. » • ■«*»
guilty of misde- iree person buy .property ot any person, talsely representing himselt
meanor to he duly authorized to impress or buy the' same for the use of the
state or Confederate States, he shall be deemed guilty of a misde¬
meanor, and upon conviction, shall be fined in a sum double the
value of the property purchased, and confined in jail not exceeding
one year.
Commencement 2. This act shall be in force from its passage.
ChaP. 19.—An ACT fixing the Compensation of the Clerks of the Senate
and House of Delegates during Extra Sessions.
Passed May 14,1862.
Compensation 1, Be it enacted by tbe general assembly, that tbe clerk of the
ftiiowdd
house of delegates and the clerk of the senate be each allowed the
MISCELLANEOUS.
15
•sum of eight dollars per day for services rendered during extra ses¬
sions of the general assembly; and that the auditor of public ac¬
counts be directed to issue his warrant upon the treasury for said
sums.
2. This act shall be in force from its passage. Commencement ■
(Chap. 20.—An ACT declaring the standard of a Cord Measure.: •
Passed May 14, 1862.
1. Be it enacted by the general assembly, that a cord contains one standard de-
hundred and twenty-eight cubic feet, being eight feet long, four feet
.high and four feet wide, or the equivalent thereof; and that in all
measurements of wood, tan-bark or other things subject to such mea¬
surements, the foregoing shall be the true and legal standard: any
usage, by-law or ordinance of any corporation, rail road or other
company, to the contrary notwithstanding.
2. This act shall be in force from its passage. Commencement
Chap. 21.—An ACT authorizing a Temporary Change in the Seat of Govern¬
ment in a certain contingency.
Passed May 17, 1862.
1. Be it enacted by the general assembly, that in the event of the when seal of
-occupation by the public enemy of the seat of government, or under may b^changed
any public emergency, which, in the opinion of the governor,' may
render it necessary, the governor is hereby authorized by proelama- •
tion.to declare and make known some other place within the limits of
Virginia, and to change the same from time to time, as may be ne¬
cessary, as the temporary seat of government, and all things now re¬
quired by law to be done at the existing seat of government,; may be
rightfully and legally done at the seat of government thus declared
and made known by the governor's proclamation.
2. This act shall he in force from its passage. • Commencement
Chap. 22.—An ACT providing for the execution of Sentence of Death in
certain cases.
Passed May 9, 1862.
1. Be it enacted by the general assembly, that whenever, during Sentence of
tke existing; war, sentence of death pronounced by any court cauhot Cuted' °W 6X6
16
MISCELLANEOUS. TOWNS. SMALL NOTES.
be executed iu the county in which it was pronounced, by reason of
the presence of the public enemy, such sentence may be executed in
any county in this commonwealth, upon the warrant of the governor,
directed to any sheriff or other officer appointed by the governor to
execute such sentence.
Commencement 2. This act shall be in force from and after'its passage.
Chap. 23.—An ACT authorizing Insurance Companies to change their Place
of Business.
Passed Hay 14, 1862.
When insurance 1, Be it enacted by the general assembly, that whenever the pre-
companies may <. . ,,,
change place of sident and directors ot any insurance company shall consider the
business place of business of any such company unsafe, or that access thereto
is interrupted by reason of the public enemy, and shall appoint some
other place for the custody of its books and effects, and the trans-
what, when re- action of its business, it shall he lawful for the hoard or president
u,oved thereof to remove thereto, and thereat exercise its corporate rights
until the danger he over, when it shall return to its original place of
business: and hills of exchange, checks and all other claims payable
at the domicil of such insurance company, shall be held and treated
as payable at the place to which said company shall have removed.
The hoard or president thereof shall cause notice to he given of the
removal of such company, by advertisement and other means likely
to make the fact public.
Prior removal 2. Be it further enacted, that the removal of all said companies
heretofore made, and all the acts thereof in accordance with the
charter, be and are hereby legalized and made valid.
Commencement 3. This act shall be in force from its passage.
ClIAP. 24.—An ACT to amend the 81st section of an act entitled an act to
amend the Charter of the City of Richmond, passed March 18, 1861.
Passed May 15,1862.
Charter 1. Be it enacted by the general assembly, that section eighty-one
of thO act entitled an act to amend the charter of the city of Rich¬
mond, be and the same is hereby amended and re-enacted so as to
read as follows:
jurisdiction of " § 81. A term of the said court, not exceeding twenty days, shall
also he held by the §aid judge in every month, except the month of
SMALL NOTES.
17
August, at such time and place as the council of the said city-shall
prescribe; at which term the said court shall exercise exclusively the
jurisdiction-now vested in it wter all attachments, appeals in civil
cases, civil actions, motions, and Buit's at law and in chancery, all
matters concerning the probate of wills, the appointment, qualifica¬
tion and removal of fiduciaries, and the settlement of their accounts :
&rtd the court so held, or the judge thereof, may appoint commis- Powers of sow*
sioners in chancery, comipissioners to take depositions, receivers and
any other officers or agents for the conducting of its business, which
a circuit court or judge may appoint in similar cases, and whose ap¬
pointment is net otherwise provided for by this act, or ordinances of
the city; and the said court, when held by the judge thereof, may
exercise the power which a circuit court may exercise under section
thirty-five, chapter one hundred and eighty-four,«and sections one,
two and three of chapter two hundred and ten of the. Code of eigh¬
teen hundred and forty-nine: provided, however, that during the When judge
existing war it shall be lawful for the judge of the said court to ad- «ourtad^°UrU
'journ the court from time to time, not exceeding Six months at a time,
and to hold the terms thereof not exceeding twenty days for a tetm,
and at Such terms to possess and exercise all the jurisdiction, Civil
and criminal, now vested in it by law: and the judge of the said
■court shall have the same power to appoint and hold special terms
as is now possessed by fclie judges of the circuit courts, and to order
a grand jury or any venire to be summoned to attend such terms.
No person charged with felony, and remanded to said court for trial,
shall be discharged from prosecution for the said offence, by reason
of there being three regular terms of said court without a trial.
That during the existence of the present war it shall not be requisite Residence of
for the judge of the said court to reside in the city of Richmond."
2. This aet shall be in force from its passage, •Commeuoeiueuf
Chap. 25.—An ACT to amend tlie first section of an act entitled an act to
.amend and re-enact the ordinance of the Convention, authorizing
Banks to change their Place of Business, passed 31st March 1862,
Passed May K>,1862.
1. Be it enacted by the genera! assembly, that the first section of Act 3ist March
jo . , 1862 anlended
an act entitled an act to amend and re-enact the sixty-third ordinance
of the convention authorizing banks to ,eharigei their place of busi¬
ness, passed March thirty-first, eighteen hundred, and sixty-two, he
amended and re-enacted so as to read as follows ;
" § 1. That whenever the president and directors of any hank or when bankmay-
of any bran eh of any hank shall consider the domicil of the bank ^°nf;eS8plac®of
unsafe, or that access thev'cto is interrupted by reason of the public
oneinv, and shall so enter on their minutes, and appoint some other
IS
SMALL NOTES.
Advertisement
thereof
power of board
of directors
place for the custody o-f its books and effects and the transaction of
its business, it shall be lawful for the board to remove thereto, and
thereat to exercise its corporate rights until the danger be over, when it
shall return to its original domieil; and bills of exchange, checks and
negotiable notes payable at the domieil of such bank, shall be held and
treated as payable at the bank in the place to which' it is removed.
The president and directors shall cause notice to be given of the re¬
moval of such bank, by advertisement and other means likely to
make the fact public; and that whenever the domieil of any such
bank or branch bank has been so changed, and the -quorum of the
board of directors shall fail, to accompany such bank or branch
bank to its new domieil, any one 01* more of such directors, or
Who to exercise in case there be none present, the cashier, and such of the offi¬
cers .of the' bank or branch bank as may be with him, shall have
the power of a board of directors to transact its business and pro¬
vide for its safety, by further removals whenever they shall con¬
sider such new domieil unsafe; that access thereto is interrupted;
and the business transacted at such new domieil shall be as valid as
if transacted at its original place of business. That whenever, by
the presence qr threatened approach of the enemy, access by mail,
to or from.any bank or branch, be interrupted, or any such bank or
branch be in the act of changing its domieil, the parties to negotiable
notes, bills and checks, payable at such bank or branch, and' matu¬
ring during sueh interrupted access or such change of domieil, shall
remain bound after the maturity of sueh notes, bills and checks,
without demand, protest or notice, as if the requirements pf law in
that behalf had been complied with: provided, however, that notice,
as now required by law, be given to the parties thereto, within ten
days after the removal of the disabilities therein set forth."'
Parties, whea
bound
Notiee-
Pommeneemeat 2. This act shall be in force from its passage.
CTiiap. 2t).—An ACT to amend and re-enact the 1st section of the act passed
March 29, 1862, entitled an act to provide a Currency of Notes of less
' denomination than Five Dollars.
Passed May 16; 1862.
Act 29th March I. Be it enacted by the general assembly, that' the first section of
i86~ amended acj. entitled an act to provide a currency of notes of less denomi¬
nation than five dollars, passed March twenty-ninth, eighteen hun¬
dred and sixty-two, be amended and re-enacted so as to read as
follows:
Notes, how" " § 1. That the several banks of circulation of this commonwealth
be and they are hereby authorized to issue notes of a Jess denomina¬
tion than five dollars, and not less than one dollar, including frac-
SMALL NOTES.
19
tional amounts between one and five dollars, to an amount cot ex¬
ceeding ten per centum of tbe capital of said banks respectively;
and every bank or branch shall, after the expiration of hinety days Notes of five
from the twenty-ninth day of March eighteen hundred and sixty-two, redeemed°W
pay all sums less than five dollars, and redeem all notes of five dol¬
lars, either in specie or in its own notes of less denomination than
five dollars* unless said bank or branch shall have issued and have
in circulation notes of the denomination hereby authorized, to the
amount herein before specified ; and every bank or branch failing to Penalty
pay in specie or in small notes as aforesaid, shall pay to the person
demanding such payment or redemption, the sum of fifty dollars for
each offence: provided, that in case any bank or branch shall have Proviso
changed its domicil under existing laws before the said ninety day's
expire, such bank or branch shall have- the further period of sixty
days within which to comply with this act: and provided further,
that if any bank be disabled from complying with this act by reason
of its being within the lines of the enemy, each branch of such bank
not within the lines of the- enemy, is required, under the penalties
aforesaid, within ninety days from the passage of this aet, to issue
such notes to an amount equivalent to ten per centum of the capital
of such branch, independently of the bank of'which it is a branch.
The notes hereby authorized to be issued may be signed by such Notes, how
officer or officers of. said bank or branches as may be designated forSlgned
that purpose by. the respective boards of directors; and any of said
banks or branches which may'have' preserved notes of less denomi¬
nation than five dollars, heretofore issued , under authority of law,
shall be at liberty to circulate the same, so that the amount shall hot
exceed the amount authorized by this act."
' 2. This act shall be in force from'its passage. • Commencemefli
Chap. 27.-—An ACT to amend and re-enact the 3d seetion of an' act .entitled
an act. to provide a Currency of Notes of less denomination than Five
Dollars, passed March 29th, 1862.-
Passed May 19,1862.
1. Be it enacted by the general assembly, that the third section of Act 29th March
an act entitled an act to provide a currency of notes of less denomi¬
nation than five dollars, passed March twenty-ninth, eighteen hun¬
dred and sixty-two, be amended and re-enacted so as to read" as
follows:
44 § 3. Be it farther enacted, that the lawfully constituted autho- City of itich-
rities of the city of Richmond'be and they are hereby authorized to to issue notes
issue, as currency, notes of a less denomination than one dollar, to an
amount not exceeding five hundred thousand dollars; and the autho- what cities and
rities of all the other cities and the towns of this commonwealth con- rteed to issue
i20
SMALL NOTES.
tabling a population of two thousand, and of the towns of Leesburg,
Lewisburg and Warrenton, are hereby authorized to issue notes, as
currency, of a like denomination, to an amount double the amount'
of state tax assessed on property, real and personal, within such city
or town for one year, taking therefor the average of the last preceding
three years; and the -notes issued as aforesaid shall be receivable
in payment of all dues to the corporation issuing them: and the
banks of the commonwealth are hereby authorized to receive and
As to notes pay out' the same : provided, however, that all notes under the de-
i8siwdf0re nomination of five dollars, heretofore issued by the cities and towns
referred to in this section, and now in circulation, may be held and
accounted a part of the amounts herein authorized to be issued by
them respectively, subject to redemption in the mode prescribed by
the said act of March twenty-ninth, eighteen hundred and sixty-two."
Commencement 2. This act shall be in force from its passage.
Chap. 28 -r-An ACT to amend and re-enact the 5th section of an act passed
29th March 18f>2, entitled an act to provide a Currency of less denomina¬
tion than Five Dollars.
Passed May 15,1862.
Act of March 1. Be it enacted by the general assembly, that the fifth section of
18b-amended pagg(?(j on ^jie twenty-ninth day of March eighteen hundred
and sixty-two, entitled an act to provide a currency of less denomi¬
nation than five dollars, he amended and re-enacted so as to read as
follows:
Notes, how and " § 5. That for the purpose of redeeming the notes issued by the
when redeemed countjegj citios ail(] towns of the commonwealth, under the provisions
of this act, the courts of such counties and the councils of such cities
and towns as may issue such notes, are required at their levy terms
for the year eighteen hundred and sixty-three, to levy upon the sub¬
jects of taxation mentioned in the fifth section of chapter fifty-three
of the Code of eighteen hundred and sixty, an amount sufficient to
redeem sixteen and two-thirds per cent, of the amount of such notes
in circulation at the time of such levy: and at the time of the annual
levy in each year thereafter, th^ courts of the said counties and coun¬
cils of such cities and towns shall levy upon the said subjects of tax¬
ation an amount' sufficient to redeem a like per centage of such notes
as may be in circulation at the time of said levy, until the entire
Proviso amount issued by any county, city or town, is redeemed : provided,
that the redemption of the entire issue shall not he postponed for a
longer time thap six years from the levy courts of the year eighteen
hundred and sixty-three of the respective counties, cities and towns.
Sucji redemption to he made in such funds as are receivable in pay¬
ment of dues to the commonwealth."
Commencement - 2. This act shall he in force from its passage.
INSPECTION.—PRIVILEGES, ETC.
21
Chap. 29.—An ACT to re-establish an Inspection of Tobacco at the Farm-
ville Warehouse in the Town of Farmvjlle.
Passed May 13, 1802.
.1. Be it enacted by the general assembly, that an inspection of Warehouse eg-
tobacco be and hereby is established at the Farinville-warehouse intaWiBhed
the town'of Farmville, agreeably to the provisions of chapter eighty-
seven of the Code of eighteen hundred and sixty.
2. This act shall be in force from its passage. Commencement
Chap. 30.—An ACT providing Payment for. Horses taken'in the Service of
the State.
Passed May 16, 1862.
1. Be it enacted by the general assembly, that the auditing.hoard, AmoW. appro-
established for the settlement of military claims, shall' he authorized pnated
to pay, as other claims are paid, when allowed by said board, if in
the opinion of the board, on a full examination of the evidence, the
plaim against the commonwealth appear to be just and right, to Wil¬
liam H. Gooding, his heirs or assigns, the sum of one hundred and
fifty dollars; to R. J. Simpson, his heirs or assigns, the sum of one
hundred and twenty-five dollars; and to S. J. Beach, his heirs of
assigns, the sum of one hundred dollars the said amounts being the
value of three horses, the property of said individuals, which were
impressed by the military officers of Virginia, for the defence of the
state prior to its secession, and its tmion, under the provisional go-
vernment> with the Confederate States of America.
2. This act shall be in force from its passage. Commencement
Chap. 31.—An ACT authorizing the Payment of a certain Coupon.
Passed May 14, 1862;
1. Be it enacted by the general assembly, that upon due and . Coupon, how
satisfactory evidence of the loss of a coupon, number fourteen18Sued
hundred and fifty-nine, due July first, eighteen hundred and dxty-
one, being given to the second auditor, he is hereby authorized and
required to pay the amount of said coupon to Miss Ann M. Flemings-
provided, that before paying the same, the said Ann M. Fleming
.shall file with the said auditor proof of advertisement of the loss of
said coupon, and a bond with approved security, indemnifying the
state against all losses which she may in any manner be liable for on
account of the payment of said coupon.
2. This act shall he in force from its passage.
Commencement
22
MINING AND MANUFACTURING COMPANY.
Chap. 32.—An ACT incorporating the Victoria Mining and Manufacturing
Company of the County of Louisa.
Passed -March 27,1862.
Company ineor- 1. Be it enacted by. the general assembly, that Thomas A. Curtis,
porated John E. Tackett, James W. Ford, William Warren, junior, William
H. Hill and B. B. Warren, and such other persons as may be here¬
after associated with them, shall be and are hereby incorporated and
Name • made a body politic and corporate, by the name- and style of The
Victoria Mining and Manufacturing Company; for the purpose of
mining iron ore, and of working and of smelting the same into pig
iron or otherwise; and also for the purpose of manufacturing iron in
all its various branches and uses in said eounty of Louisa; and of
transporting to -market and selling iron ores or other products of their
mines and manufactory; and of transacting the usual business of
companies engaged in mining, -manufacturing and of transporting to
market and selling the products of their mines and manufactory.
Powers and 2. The said company and their successors are hereby invested
privileges with all the rights, privileges and powers, and made subject to the
restrictions and regulations now provided by law for the general
regulation of bodies politic and corporate, and of the mining and
manufacturing companies of this commonwealth, so far as the same
may apply, and are not inconsistent with the provisions of this act.
Capital stock 3. Be it further enacted, that the capital stock of said company
shall consist of not less than eight nor more than one hundred thou¬
sand dollars, to be divided into shares of one hundred dollars each;
and the said company shall have the right to purchase and to hold
land not exceeding: three thousand acres.
Commencement. 4. This act shall be in force from the passage thereof, and shall
be subject to any amendments, alteration or modification, at the
pleasure of the general assembly.-
RESOLUTIONS.
No. 1.—Resolution in relation to the Duration of Special Sessions,,
Adopted April 1,1862.
1. Resolved," that the constitutional limitation on the duration of Sessions^legis
the sessions of the legislature, applies to special as well as regular duration
sessions.
2.' Resolved, that when the legislature adjourns to-day, it will he Adjournment
to meet again on the first Monday of May eighteen hundred and
sixty-two, unless sooner called.together by the governor; and then,
upon such day as he shall designate.
No. 2.—Resolution as to the Adjournment of the General Assembly.
Adopted May it, 1862.
Resolved, that When the general assembly adjourns, it Will adjourn Adjournment
to meet on the first Monday in December eighteen hundred and sixty-
two, unless sooner convened by the governor.
No. 3.—-Joint Resolution as to Mileage; &c.
Adopted April 1, 1862.
Resolved by the general assembly, that the members of the gene- Mileage
ral assembly convened in session under the proclamation of the go¬
vernor of the first day of April eighteen hundred and sixty-two, shall
.not he entitled to receive mileage, except for "'attendance upon any
adjourned session; nor shall they be entitled: to receive pay for at¬
tendance during the time of any recess in the session held under said,
proclamation.
No. 4.—-Resolution in relation, to Duration of Extra Session.
Adopted May 10,1862.
Resolved by the general assembly, that the interval from adjourn- Duration of
ment to the reassembling of a special session, may rightfully be ex- 8®ssl0n
eluded from the computation of the period to which such session is
limited by the constitution.
m
RESOLUTIONS.
No. 5.—Resolutions to increase the Production of Lead and Saltpetre.
Adopted May 15,1862.
Preamble Whereas it is deemed of great importance in the prosecution of
the war, that the increase of the production of lead should be facili¬
tated by all the means necessary for that purpose : Therefore,'
Powers of go- 1. Be it resolved by the general assembly, that the governor is
vernor hereby authorized to aid in the production of the mines now in ope¬
ration in this state, by furnishing, so far as.he may be able, labor, by
hiring, or impressment, if deemed expedient by him, or by -such
other means as he may deem proper, atid upon such terms with the
owners of said mines as he may deem equitable.
Sioad 2. Be it further resolved, that the governor be authorized to con¬
tract for lead for the use of the state, in such quantities as he may
deem expedient, so as not to interfere with the supply to the con¬
federate government; and he is requested to confer with the con¬
federate authorities on this subject, with a view to a concert of
action.
Saltpetre 3. Be it further resolved, that the governor be requested to aid,
by all the means necessary "for that purpose, and in such manner as
he may deem expedient, the production of saltpetre.
Saltpetre 4. Be it further resolved, that the governor be directed to autho¬
rize any person whom he may deem to be discreet and reliable, to
.take, for the public use, wood, earth and other material off of any
lands in this state necessary to the manufacture of saltpetre, under
such rules and regulations as he may adopt; and the value of such
wood, earth and other material is hereby made a charge on the trea-
. gury of the state. The saltpetre so manufactured to be for the use
of the state, or. to be disposed of to the Confederate States; and in
either case, the finder and manufacturer shall be paid therefor such
price as the governor may deem reasonable.
No. C.—Resolution authorizing the Payment of a sum of Money to L. D.
Haymond
Adopted May 10, 1862.
Amount to be Resolved by the general assembly, that the board of public works
,be and they are hereby directed to pay to L. D. Haymond, or his
legal representatives, the sum of one hundred and sixteen dollars,
for locating parts of the Elk river turnpike road, out of the appro¬
priation made to said road by act of assembly.
RESOLUTIONS*
2-3
No. 7.—Resolution directing the Second Auditor to issue a warrant-to L. D.
• Haymond.
Adopted May 17, 1862.
Resolved by the general assembly, that the second auditor is Warrant to be
directed to issue his warrant- upon the treasury in favor of L. D.lssued
Haymond, payable out of the internal improvement fund, for the-
one hundred and sixteen dollars authorized to be paid to him by a-
joint resolution of the present session.
No. 8.—Resolution in relation to the Defence of James and Appomattox
Rivers.
Adopted May 10, 1862.
Resolved, that the governor be and he is hereby authorized to Governor autho-
co-operate with the confederate authorities in the obstruction and rate withcon-6"
defence of the James and Appomattox rivers; and with a view of rifles3*6 autho'
accomplishing that object in the most speedy and effectual manner,
he is hereby empowered to tender to the president of the Confede¬
rate States all the power and resources of the state; and if necessary
to make such tender effectual, he is authorized to impress or other¬
wise procure such property and number of men as may be required
to effect the object aforesaid.
No. 9.—Resolution extending the Time for the Examination and Return of
the Books of Commissioners of the Revenue.
Adopted May 15, 1862.
Be it resolved by the general assembly, that the auditor of public Time extended
accounts be and he is hereby authorized, in such cases as he may be
satisfied there has been no neglect of duty, to grant to commissioners
of the revenue such extension of the times prescribed by law for the
examination and return of the land and property books, as he may
deem just to the commissioners of the revenue, and not inconsistent
with the public interest; and 'in cases of peculiar difficulty in the
execution of their duties, the auditor, with the consent and approval
of the governor, shall forbear to institute legal proceedings against
commissioners of the revenue for failure to comply with the require"
iiients of law.
26
RESOLUTIONS*
No. 10.—Preamble and Resolution authorizing the Governor to appoint a
Commission to enquire into the Condition of the Penitentiary and into
the bes't means to render the Institution productive.
Adopted May 15, 1862.
Preamble Whereas the penitentiary of Virginia has for many years been a
charge upon the treasury of Virginia: And whereas it is probable
that by a change in the laws regulating the said penitentiary, it may
be made self-supporting, and it is believed by many that it would,
under proper management, be a source of revenue: And whereas
past experience has shown that committees appointed by the legis¬
lature to examine the penitentiary (in the nature of the case) cannot
spare the time from other representative duties to investigate the
whole subject, so as to recommend such reforms or improvements as
might be the result of a thorough investigation into all the details of
the laws regulating the institution, and more especially into the
manner and details of all the various mechanieal and other opera¬
tions t>f the convicts, the mode of purchasing and otherwise obtain¬
ing supplies of raw material, provisions* &c.; and furthermore, the
accommodations of the convicts, the necessity or not of enlarging
the buildings and workshops, and of providing propeT safeguards to
prevent attempts to escape, or mutiny among the convicts: Therefore,
Commission to Be it resolved by the general assembly of Virginia, that the go-
be appointed ke empowered, at such time as in his. discretion may seem
proper, to appoint a' commission of three discreet persons, whose
' duty it shall be to investigate the entire subject of the penitentiary,
in its details; the laws regulating the same; its interior manage¬
ment ; mode of obtaining supplies; and any and every thing con¬
nected with the penitentiary system, which in their judgments may
conduce to the prosperity of the institution, and report to the next
meeting of the legislature.
No. 11.—Joint Resolution in relation to the Destruction of Canceled Coupon
Bonds and Treasury Notes.
Adopted May 14, 1862.
Coupon bonds Resolved by the general assembly of Virginia, that the treasurer
to b® destroyed commonwealth be instructed to destroy such coupon bonds
and treasury notes in his office as have been canceled, and are now
registered by law.
RESOLUTIONS.
27
No. 1'2.—Resolution for the Destruction of certain Coupon Bonds.
Adopted May 15, 1862.
Resolved by the general assembly, that the treasurer aud the se- Coupon bonds
eond auditor be authorized and required to cause to be destroyed any t0 be deatroyexl
canceled coupon bands that may have been guaranteed by the state,
of which a register has been kept.
No. 13.—Preamble and Resolutions in respect to the Nature and Conduct of
the pending War.
Adopted May 9,1862.
The general assembly of Virginia, now convened in extraordinary'preamble
session, deem this a fit occasion briefly to review the nature and con¬
duct of the pending war, and solemnly to reaffirm the sentiments
which animate them, and those principles of civil liberty which the
people of this state and of the. Confederate States have maintained
from the commencement of the contest, and which, with the blessing
of God, they will continue to maintain with unshaken constancy to
its close.
For more.than a year the government and people of the north
have waged a cruel, unjust and unrelenting war against us. They
deny to us the inalienable right of self-government, in defence of
which, in the war of the revolution of seventeen hundred and seventy-
six, they pledged their lives, their fortunes and their sacred honor.
With professed regard for the rights of man, they have at different
periods sympathized with the Greeks, the Poles, the Irish, the Hun¬
garians, the South American states, and all others who have at any
time sought by force to dissolve their subsisting political ties, and to
establish a separate nationality; yet they deny to. those whom they
call their brethren, the right, which clearly belongs to them as sove¬
reign states, to withdraw peaceably from their union, and to govern
themselves; which right the people of the Confederate States have
declared their solemn purpose to exercise, with a unanimity without
a parallel in the history of civil revolutions.
In prosecuting the war they have violated without scruple the con¬
stitution which they profess to defend. They have suspended by
executive proclamation and without law, the writ of habeas corpus;
imprisoned, without legal warrant or military necessity, thousands of
respectable'citizens of both sexes; violated their obligations to the
state of Maryland, and their solemn compact in the compromise re¬
solutions of eighteen hundred and fifty, by abolishing slavery in the
district of Columbia. They have trampled on private rights, by
14
28
RESOLUTIONS,
Separation
depredating upon private property, and now meditate, by a whole¬
sale act of legal robbery, the confiscation of the property of nearly
every citizen of the southern states.
Professing to be the peculiar friends of the black race, they have
destroyed their peace and happiness; seducing them by false pro¬
mises from the kind care and protection of their hereditary owners,
and having found them burdensome to their benevolence, have cru¬
elly cast ('m off by thousands, without protection or support, to
starve and uie. The civilized world cannot fail to contrast the acts
of these pretenders with their professions, and to see, in their seem¬
ingly anxious desire to uphold the constitution, their true motives—
the greed of avarice and the lust of power.
Be it resolved, as the solemn and deliberate sense of the general
assembly of Virginia:
1. That the separation between the north and south is final and
eternal; that it was declared by the people of the Confederate States,
each acting for itself, with unexampled unanimity; and whatever
reverence for the Union may have lingered for a time in some minds,
has been entirely dissipated by the cruel, rapacious and atrocious
conduct of our enemies.
Cotifideuce ill
our armies
Coast defences
2. That we have full confidence in our gallant armies now in the
field, which have achieved many glorious victories, and never sus¬
tained a disgraceful defeat; yet should the tide of battle turn against
us, we will not be discouraged, but summoning new energy to meet
the exigencies, struggle on until, with the blessing of God, we.shall
conquer an honorable peace, and finally establish our independence.
3. That ordinary coast defences cannot be expected to withstand
the powerful armaments of modern naval warfare; and whilst the
fall of New Orleans is to be regretted as a calamity, it is no cause for
despondency. Ipthe language of our own "Washington on a similar
occasion, '' W.e should never despair. If new difficulties arise, we
must only put forth new exertions^ and proportion our efforts to the
exigency of the times.'.'
Resources of That in defence of our liberties, we solemnly pledge, for out-
state pledged to selves and our constituents, to the government of the Confederate
war
States, our whole resources, public and private, and deliberately de¬
clare to our enemies and to the world, that we will never submit,
under any circumstances, to a reunion with the north, nor abandon
this contest so long as a hostile foot rests upon our soil.
RESOLUTIONS.
29
No. 14.—Resolution in relation to Partisan Service.
Adopted May 17, 1862.
.Whereas this general assembly places a high estimate upon the Preamble
value of the ranger or partisan service, in prosecuting the present
war to a successful issue, and regards it as perfectly .legitimate; and
it being understood that a federal commander on the northern border
of Virginia has intimated his purpose, if such service be not discon¬
tinued, to-lay waste, by fire, the portions of our territory at present
under his power :
Resolved by the general assembly, that in its opinion the policy of Policy to be
employing such rangers or partisans ought to be carried out ener- camed 0ttt
getically both by the authorities of this state and of the Confederate
States, and without the slightest regard to such threats.
No. 15.—Resolution establishing a Board of Manufactures.
Adopted May 14,1862.
Resolved by the general assembly, that the -auditor of public Board of manu-
accounts, the second auditor and the general agent and storekeeper factures.
of the penitentiary be constituted a board of manufactures, and
charged with.the duty of reporting to the next session of the general
assembly upon the following points:
1st. The present condition of manufactures in the state of its duties
Virginia.
2d. Such plans as may seem to them proper for promoting the Authority of
manufacture, production or increased production of articles of prime board
necessity or of general utility. Said board to have authority to call
for information and require reports from any officer in this state.
No. 16.—Resolution as to the Defence of the City of Richmond..
Adopted May 14,1862.
1. Resolved by the general assembly of Virginia, that the general Capital of stat®"
assembly hereby express its d^ire that the capital of the state' be
defended to the last extremity, if iMch defence is in accordance with
the views of the president Of the Confederate States ; and that the Destruction of
president be assured that whatever destruction and loss of property property
of the state or individuals shall thereby result, will be cheerfully
submitted to.
30
RESOJLtJTIONS.
Kegoiution com- 2. Resolved, that a committee of two on the part of the senate,
president and three on the part of the house, he appointed to communicate the
adoption'of the foregoing resolution to the president.
No. 17.—Resolution as to the Distribution of the Acts of the General.
Assembly.
Adopted May 15, 1862.
Secretary of Resolved, that the secretary of the commonwealth be authorized
tro have unbound to cause unbound copies of all acts and resolutions of the general
^^distributed assembly, passed at the session of eighteen hundred- and sixt^-one
and two, to be circulated as prescribed by law, if circumstances'
should not permit the distribution of bound copies of the same at an
earjy day, and that, he take the same course in relation to the acts
and resolutions of the present session.
No. 18.—Resolution relative to the Publication of the Constitution and
Schedule and Ordinances of the third session of the Convention.
*
Adopted April 1,1862.
(Constitution and Resolved by the general assembly, that the public printer cause to
.printed610 be be Printed and published with the acts of the late session, the con¬
stitution and schedule submitted by the late convention to a vote of
the people, if the same shall he declared by the governor to have
been adapted, and the ordinances of the third session of the con¬
vention.
No. 19.-—Resolution in relation to the care, custody and maintenance of
Prisoners confined in the Jail of. the City of Richmond.
Adoptal May 19,1862.
Maintenance of Resolved by the general assembly, that the governor be and is-
' in jai?ofCRiched ^ere^y authorized, in conjunction with the judge of the hustings
. mond city court, to take such order in respect to the care, custody and main¬
tenance of persons confined in the jail of the city of Riohmond, as
circumstances may render expedient, and pay any necessary expen¬
diture occasioned thereby, out of a#y contingent fund under his con-
Expenses, how trol: but prisoners charged with, or convicted of violation of any or-
paid dinances of the city, shall be supported, removed or maintained at
the expense of the city, should any expense be incurred in and atyout
them, under this resolution.
RESOLUTIONS.
31
0.—Resolution to provide for the care and comfort of the. Inmates of.
the Lunatic Asylum at Williamsburg.
Adopted May 17,1862.
Whereas the hospital of the insane at Williamsburg has fallen into Preamble
the possession of the enemy, and the general assembly cannot but
feel solicitude for its unfortunate inmates, who. are incapable of
taking care of themselves, or of making known their wants and suf¬
ferings, and who are or may be deprived of the care and control of
their natural friends and guardians:
Resolved by the general assembly, that the governor be authorized Governor to sip-
to appoint one or more, persons to visit (through the intervention, if vunVospitaf
necessary, of the proper military authorities) the hospital, if per¬
mitted by the enemy, and upon their report, to adopt such measures
as may be in his power for the preservation of the institution and the
care and comfort of its patients, and to use for that purpose the funds
appropriated for the institution, or if required, the contingent fund..
No. 21.—Joint Resolution concerning an Address to the People and our
Soldiers.
Adopted May 16, 1862.
Resolved by the general assembly, that the joint committee on the committee to
state of the country be instructed to pre,pare an address to the peo- prepare addre8S
pie and our soldiers, and submit it to the general assembly, for its
approval.
No.. 22.—Resolution as to the Lessees of the Washington and Smyth Salt
Works.
Adopted April 1,1862.
Whereas the general assembly having failed, at its recent session, Preamble
to pass a law to carry into effect the contract entered into between
the lessees of the Smyth and Washington salt works and the joint
committee of the general assembly, for the sale to the state of four
hundred thousand bushels of salt: Therefore,
Be it resolved by the general assembly, that the lessees aforesaid Lessees released.
be released from the obligations of said contract. v from contract
32
RESOLUTIONS.
No. 23.—Resolutions in relation to Confederate Money.
Adopted May 19, 186S.
Hotes of Con- 1. Resolved l)y the general assembly of Yirginia, that it is the
federate states eacre(j an(j patriotic duty of every good citizen of the Confederate
States; not under duress of the enemy, to receive in his business
transactions the notes of the Confederate States. To refuse to
receive them, must depreciate their credit, and will tend to deprive
the confederate government of the means Qf defending our liberty
and independence; and such conduct cannot be too strongly de¬
nounced, as most effectually affording aid and comfort to the public
enemy.
Confederate 2. Resolved, that the confederate stock should be guaranteed by
To be guaran- the several states of the Confederacy, according to their respective
teed confederate proportions, and that congress be requested to bring the
subject to the attention of the legislatures" of the several states.
INDEX
ACTS OF ASSEMBLY.
Resolution for distribution of, " 30
ADDEESS.
Evolution as to, ' , 31
BANKS.
Act of 1862 amended, 17
When bank may change place of
business, 17-18
Advertisement, 18
Who may exercise powers of board of
directors, ' 18
Parties, when bound; notice, 18
'BOARD OE MANUFACTURES.
Resolution as to, • 29
CANCELED COUPONS AND TREA¬
SURY NOTES.
Resolution for destruction of, 26-7
• CHANGES IN CODE.
Sect. 1, chap. 208, amended, 10
Licenses for marriage, . 10
How issued, 10
Sect. 13, chap. 207, amended, 10
When person may be discharged,- 10
Witnesses, 10
Sect. 1, chap. 162, amended, 10
Who may be grand jurors, 11
Sect. 7, chap; 103, amended, 11
Tenure for life of slave?, 11
When slave may be removed, 11
Sect. 19, chap. 14, amended, 11
Salaries, ho"w paid, 11
Pay of members of general assembly, 12
Sect. 5, chap. 205, amended, ' 12
Examination, how adjourned, . 12
When witnesses kept away, 12
CODE.
See Changes in Code.
COMMISSIONERS OF REVENUE.
Resolution as to time of examining
books of, 25
COMPENSATION TO CLERKS OF SE¬
NATE AND HOUSE OF DELEGATES. •
Compensation allowed, 15
• CONFEDERATE MONEY.
Resolution as to, 32.
CONSTITUTION.
Resolution for publication of new, 30
CORD MEASURE.
Standard of, declared, 15
DEFAULTING COLLECTORS.
Acts of 1860 Amended, 3
Act of 1862 amended, ' 3
Sheriffs and collectors , 3
Judgment, how obtained, , 3
Interest, 3
Damages, ' 3
New trial, • ' 3
DEFENCE OF THE STATE. •
• John B. Floyd, a major general, 5
Forces, how raised, 5
How divided, 5
Captains to be commissiondd, , 5
Regiments, how organized, 5
Vacancies, 6
In lowest grade, 6
Cavalry and artillery, 6
Staff of major general,. ' 6
Staff of brigadier general, 6
Staff of colonel, . -6
How armed and equipped, 7
Force, how governed, • 7
Amount appropriated, 7
Co-operation, 7
Subject to orders of governor, 7
Act amended, J-8
Who.may be officers, 8
DURATION OF EXTRA SESSION.
Resolution as to, ' 23
FARMVILLE WAREHOUSE.
Act establishing, 21
FLEMING, ANN M.
Act for relief of,' 21
GOVERNMENT, SEAT OF.
When, may be changed, 15
HAYMOND, L. D.
Resolution for relief of, 24, 5
HOME GUARD.
■ Who may -organize companies, 8
Commissions, how issued, 8
By daws, 8
Guard and police, 9
When major may be appointed, .9
Weapons, how furnished, 9
Compensation, 9
Rations, • 9
, Quartermasters, 9
34
INDEX.
HORSES TAKEN IN SERVICE.
Amount appropriated, 21
. . -IMPRESSMENTS.
Who guilty of misdemeanor, 14
INSURANCE COMPANIES. -
When may change place of business, ' 16
What, when removed, 16
Prior removal', 16
JAMES AND APPOMATTOX RIVERS.
Resolution as to defence of, 25
.JUDGMENT AGAINST DECEASED
PERSON.
Judgment !not invalidated by death,. 5
LEAD AND SALTPETRE.
Preamble, 24
Powers of governor, 24
Lead, 24
Saltpetre, 24
LICENSES, CHANGE IN.
License, how' changed, 4
Restriction,' 4
LUNATIC ASYLUM AT WILLIAMS¬
BURG.
Resolution as to, -31
Commission to visit hospital, 31
MILEAGE.
Resolution as to, 23
NATURE AND CONDUCT OF PEND¬
ING WAR.
Preamble'and resolutions as to. 27-8
Separation, 28
Cbnfidence in armies, 28
Coast defences, 28
Resources of state, 28
.PARTISAN SERVICE.
Preamble and resolution as to, 2l9
PENITENTIARY-
Preamble and i-esolution as to, 26
Commission to be appointed, 26
PRISONERS IN RICHMOND.
Resolution as to maintenance of, 30
PROTECTION OF CITIZENS.
Preamble, 14
Amount appropriated^ 14
Proviso, 14
RICHMOND CITY. .
Resolution as to defence of, 2D-
Charter amended, 16
Jurisdiction of court, 16
Powers .of court, 17
When judge may adjourn court, 17
Residence of judge, 17
RICHMOND AND PETERSBURG.
Act as to defences of, 9
Amount appropriated, 9'
Proviso, 9
Power and duty of governor, . # 9
ROANOKE VALLEY RAIL ROAD.
Sale of, authorized, * 12
Sanction of board of public works, _ < 12
Restrictions, 13
Debts, how paid, ' 13
SALT.
When county courts may purchase, 13
How distributed, ' 13
Agents, how appointed, 13
Bond, and breach of, 12
SENTENCE OF DEATH.**
How executed, , .15-16
SMALL NOTES.
Act of 29th March 1862 amended, 18 •
Notes, how issued, • 18
Howiedeemed, 19
Penalty; proviso, 19
Notes, how signed, 19
Act of 29th Mareh 1862 amended, 19
City of Richmond te issue, 19
Cities and towns, 19
Notes heretofore issued, 29
Act of 29th March 186*3 amended, 29
Notes, how redeemed; proviso, 29
SMYTH AND WASHINGTON SALT
WORKS.
Resolution releasing lessees of, from con¬
tract, 31
SPECIAL SESSIONS.
Resolution as to, 22
TREASURY NOTES.
How issued, 4
VICTORIA MINING AND MANUFAC¬
TURING COMPANY.
Company incorporated ; namte,. 22
Powers and privileges, 22
Qapital stock, ' 22
ORDINANCES
ADOPTED BY-
THE CONVENTION OF VIRGINIA,
AT THE
ADJOTJBNED SESSION
w
NOVEMBER AND DECEMBER 1861.
ORDINANCES.
No. 89.—An ORDINANCE to amend an Ordinance for the Apportionment of Representa¬
tion in the Congress of the Confederate States.
Passed November 20, 1861.
Be it ordained, that the ordinance, entitled an ordinance for the apportionment
of representation in the congress of the Confederate States, he and the same is
hereby amended so that the third section thereof shall read as follows: Norfolk
city, Norfolk county, Princess.Anne, Nansemond, Isle of Wight, Southampton,'
Sussex,. Surry, Greenesville and the city of Portsmouth shall be the second district.
No. 90.—An ORDINANCE authorizing Officers in, the service of the State to accept Com-
missioiis from the Government of the-Confederate States.
Passed November. 23,. 1861.
Be it ordained, that during the existing war officers of the volunteers and militia
shall be eligible to seats in the general assembly, ahd that any person-holding
office in this commonwealth, may hold any military appointment under the con¬
federate government during the war without vacating such office.
Be it further ordained, th^t Colonel Henry Hill, the paymaster of the Virginia
forces, be and he is hereby authorized to accept a commission in the army of the
Confederate States, without vacating his commission as paymaster of the Virginia
forces..
Be it ordained, that so much of section 2, chapter 12 of the Code of Virginia,
as forbids an officer under the government of Virginia from holding office or ap¬
pointment under the government of. the Confederate States of America, be and
the same is hereby declared to be inoperative as to such officers of this common¬
wealth as have been or may be driven from their homes, deprived of their offices,
and the means of supporting themselves, and their families, until the close of
the war.'
This ordinance shall be in force from its passage.
No. 91.—An ORDINANCE relative to the Proceedings against Judges.
Passed November 30, 1861.
Be it ordained, that in any proceeding against a judge,"-under the seventeenth
Section of the sixth article of the constitution-of this commonwealth, if it shall
4
ORDINANCES OF THE VIRGINIA CONVENTION-
from any cause be impossible to give notice by personal service of process on
.sucli judge, that the general assembly may cause notice to be giyen by publica¬
tion, once a week for four successive weeks, in one of the newspapers published
at the capital of the state, in which publication the causes alleged for his removal
shall be stated; which publication shall be equivalent to personal service of the
notice.
No. 92.—An ORDINANCE for the trial of persons Offending against the laws of the .Com¬
monwealth, in Counties in' possessjpn of the Common Enemy.
Passed November 30, 1861.
1. Be it ordained, that offenders against the criminal laws of this commoU-
wealth, when the offence shall have been committed in a county in the possession
of the public enemy, or is threatened with invasion, whereby the laws cannot be'
safely or conveniently administered therein, may be prosecuted, tried and pun¬
ished in any other Convenient county; and no question of jurisdiction as to the
place of trial shall be sustained by the court : provided, however, that the venue
may be changeckin such as in other cases.
2. Be it further ordained, that when any soldier is charged with any offence
against the criminal laws, he may be arrested not. only by any officer now autho¬
rized by law to make such arrest, but by any officer of the army, and may be
carried before any justice of the peace of the commonwealth, whether in or out of
his county, with the charge' and evidence against the accused; and such justice is
hereby authorized to hear such case; and if in his opinion the accused should be
further tried, he shall also decide to what county he will send him for trial- Suoh
justice shall have power and it shall be his duty to bind the witnesses in a recogni¬
zance for their appearance in court to testify, and in default of such recognizance,
to commit them to jail for safe keeping.
3. Be it further ordained, that during the present war rape committed upon a
white woman shall be punished with death.
• No. 93-—An ORDINANCE for Reorganizing the Militia.
Passed November 29, 1861.
Be it ordained, that all persons subject to military duty in this commonwealth
shall be classed.as follows: All over twenty-one years of age and under thirty-one
years 6f age, shall constitute the active class: all the rest shall constitute the
reserve.
Regimental and company districts.
2. The governor shall forthwith cause the regimental and Company districts to
be rearranged by uniting two districts in one, and by such changes of boundary
as may be necessary to equalize them.' The said rearrangement of company dis-
ORDINANCES OP THE VIRGINIA CONVENtT<$N.
5
tricts shall be made by the regimental boards as at present organized, each board
acting for its present "district, or in case of their absence, inability, refusal or failure
to act, by such other persons as the governor-shall appoint. After the active regi¬
ments andf battalions are organized, battalion and .company districts shall only be
altered by the boards of officers of. those regiments and battalions.
Divisions and brigades.
3. The governor may rearrange the divisions and brigades of the militia so a?
to make them conform to the change of organisation herein after prescribed.
Entailment.
4. The governor, so soon as the company and regimental districts are rearranged
as above directed, shall cause a company of the active class and one of the reserve-.
to be enrolled in each company district. The enrollment shall be made by the
commandants of companies under the present organization, acting together for the
enlarged company -districts, or in case of their absence, inability, refusal or failure
to act, by such persons as the .governor may appoint* who shall be allowed there¬
for such compensation as is allowed by law for the registration .of voters. The-
form of the enrollment shall be as at present prescribed by law, with the addition of
columns, giving the ages of thetpersons enrolled and the expiration, of the term of
service of such of. them as" are serving as volunteers; and it shall specify that the
company is of the active class or the reserve,-as the case may.be. In all counties
situated within the ebb and flow of the tide, the enrollment shall also specify all
seamen and mariners.' In time of war commandants of regiments may cause en¬
rollments to be made whenever recruits are needed for their respective commands.'
Notices requiring enrollment shall be posted at three or more places Of public re¬
sort in each company district mot less than thirty days before the organization- of a
company. Persons subject to service under this ordinance belonging to districts
occupied by the enemy, may be enrolled and called into service under temporary
regulations to be prescribed by the governor Of the commonwealth, "in his discretion.
Organization.
5. The militia of the state shall continue to be organized into divisions, brigades,
regiments, battalions and companies, but the organization of each class shhll be
distinct and separate from that of the other class. In each company-district the
governor shall -cause to.be organized two companies, one of the active class and
one of the reserve; and in'each regimental.and battalion district, where there ia
a battalion district not comprised within a regimental district, he shall caU'se to be
organized two regiments or battalions, one of the active class and one bf the re¬
serve, and he shall then, organize brigades and divisions of the active class and
brigades and divisions of the reserve* assigning not less than four regiments to a
brigade* and not less than two brigades to a' division. The governor may distri¬
bute the militia as infantry, cavalry, apd light and heavy artillery, at his discretion,
not exceeding, however, the proportion of one battery of artillery and one troop
of cavalry to each regiment of infantry. He may organize the artillery and cavalry
into regiments and battalions, and he may assign men to the cavalry and artillery
service without confining a troop or company to one company district. No officer,
6
Ordinances of the Virginia convention.
non-cemmissioned officer or private, assigned to cavalry or artillery service, slial
be required to furnish his own horse. The governor shall cause the regiments of
infantry, cavalry and artillery to be numbered, assigning the same number to the
active regiment, and the reserve regiment of infantry in the same regimental dis¬
trict, and distinguishing them as active or reserve regiments.
Coast defence.
6. The governor may assign all enrolled seamen and mariners to the defence of
the coast and rivers of the commonwealth, and may require them to serve afloat
or on shore, but their term of service shall not differ from that of the class to which
they belong. He may organize them as infantry or artillery or as seamen and ma¬
rines for service afloat; and in the latter organization he shall follow as nearly as
practicable that of the Confederate States navy, and may appoint and commission the
Officers necessary under the said organization : and when the miii'tia are organized for
service afloat, and actually serve in that manner, without being accepted and paid
by the Confederate' States, their rate of pay received from this commonwealth shall
be the same as that allowed in the Confederate States navy. It shall be compe¬
tent for the governor to officer the said marine force in whole or in part with such
officers of the Confederate States navy as may be permitted by the confederate
government to enter the said service. Instead of enrolling and organizing seamen
and mariners with the militia, the governor may cause a separate enrollment and
organization to be made of all such persons resident in-the commonwealth, whether
of military age or not, for a term of service not exceeding three years; and they
shall be excused from all other military duty.
t
Officers.
7. General and'field officers of the militia and volunteers shall be appointed by
the governor. The reserve shall have no general officers, but shall serve under
the general officers of the active class. In time of war, however, the governor
may refrain from making appointments of general officers, of from calling them
into service, and "may permit the troops to serve under general officers appointed
by the president of the Confederate States, but without prejudice to the constitu¬
tional rights of this commonwealth. Volunteer companies at'the time of their
organization shall elect a captain and one first and two second lieutenants, or two
first and one second lieutenant, as in corresponding arms of the confederate army,
who shall be commissioned by the governor. Vacancies among commissioned
officers of volunteers and militia companies, occurring before and after they have
been mustered into the service, shall be filled as heretofore. The company officers
of the militia.shall be of the same grade as those of the volunteers. Appoint¬
ments of generals and field officers shall be submitted to the senate for confirmation
at its next session. Such appointments shall continue valid until rejected. Each
commandant of a regiment or battalion shall appoint his adjutant and sergeant
majorl So soon as the enrollment in two company districts in the same regimental
or battalion district is complete for either the active or the reserve class, tire go¬
vernor shall appoint the .colonel of the regiment or the major of the battalion
containing the said two enrolled companies; and the colonel or major so appointed
shall order the election of company officers as the enrollment of the companies in
his regiment or battalion shall be completed, and shall organize forthwith his regi-
ORDINANCES OP THE VIRGINIA CONVENTION.
7
ment or battalion, and report . the same to the governor. But no colonel or majbr
of cavalry or artillery shall be appointed until all the companies in his regiment or
battalion shall be organized, and orders for the election of company officers of
cavalry and artillery sliall issue from the adjutant general. Officers whose appoint-
merits are to be subibitted to the senate for confirmation shall not be-commissioned
until their appointments are confirmed, but in the mean while shall be deemed
commissioned. No general or field officer of the militia shall be mustered into
service with less than the'following number of non-commissioned officers and pri¬
vates in his command r A major general, 4,000; a brigadier, general, 2,000; a
colonel or lieutenant colonel, 500; a major, 250. Wher-e a company in actual
service shall have for three months continuously less than fifty non-commissioned
officers and privates, it shall be incorporated with other'companies in the same
regiment or battalion, and the commissions of the officers shall be revoked. If
there be two or more companies in the same regiment or battalion', with less than
the said number of"non-commissioned officers and privates, they shall be consoli¬
dated ; the commissions/of the officers shall be revoked, and the requisite number
be re-elected.
Musters, arid training.
8. Musters and trainings of the reserve shall continue as heretofore. Those for
the active class shall be prescribed by the governor. He may. furnish camp equi-'
page to the aetive class, or such portion of them as may be ordered into encamp*
ments for military exercises, and to the reserve when mustered into.service.
Calling the militia into service.
9. When the militia are needed for active service, the governor shall'first call out
the active class, or such portion of it as may be necessary, unless .the exigency is
such as to require both the«active class and the reservh; but he need' not call out
the entire-active class before calling out any portion of the reserve. In all cases
where the reserve is called out,, it shall be relieved as .speedily as possible by the,
active class.
Term of'service.
10. The term of service of the reserve shall be as heretofore; that of the active
class shall be as follows: All under 26 years of age, three years; and the rest two
years. Service as a volunteer, as well heretofore as hereafter, shall be estimated
as service in the active class, but shall not shorten the aggregate service which
would otherwise have been due from such volunteer. But if such volunteer be in
service.at the time of the passage of this ordinance, and shall serve continuously
two years, no further service shall be required from him in the active, class, and
he shall be deemed in the reserve. If the term of service due from a member of
the active class be not rendered continuously, he may again be called out for the
remainder of the term, but not longer.
Volunteers.
11. The organization of tfie volunteers shall remain as heretofore. When the
term of service for which a volunteer has been mustered in is about to expire, and
8
ORDINANCES OP THE VIRGINIA CONVENTION.
the militia company in which he has been or ought to be .enrolled is mustered in,
or about to be mustered into service, he shall have the option of volunteering for
one year more, or of being mustered into the service with the militia company of
which he is a member.' If he prefer to be discharged from the volunteer service,
he shall receive, his discharge, and the fact of such discharge- shall of itself be
deemed a mustering into service as a member of the militia company to which he
belongs, if such company be in service. In either case, such furlough shall be
granted to him as the public safety permits, but it shall specify the company of
which he is a member. A volunteer may elect, at any time before the expiration
of his term of service, to re-enter, the volunteer service, and thereupon his fur¬
lough may be granted if the public safety permits it.
Furloughs, absences and failures to enroll.
12. AH persons, whether volunteers or militia, who overstay their time after a
furlough or leave of absence, or who shaU absent themselves from their company
without permission', or fail to enroll themselves in the militia company in which
they should be enrolled, for thirty days after notice requiring enroUment to be
made has been posted at three places of public resort in the company district,
shall, in addition to such other punishment as the law may inflict, have their term
of .service lengthened three days for every day they have overstayed their furlough
or leave of absence, absented themselves without permission, or failed to enroll,
unless they show good cause before a court of enquiry for such-absence or failure
to enroll.
Repeal of militia lam.
13. The militia laws and the laws concerning volunteers shaU continue in force
except so far as they may be in conflict with the foregoing ordinance, and the mi¬
litia law shall apply to both classes of militia. The existing organization shall
continue in each regimental and battalion district until•the'company officers of the
active companies in the district are elected. The authority of all officers, regi¬
mental and company, under the existing laws, shall then cease, except for the pur¬
pose of organizing the reserve. General and staff officers shall remain in com¬
mission until their successors are appointed. All acts-and parts of acts in conflict
with the foregoing ordinance, are hereby repealed.
This ordinance shall take effect from its passage, and may be repealed or amended
by the general assembly.
No. 94.—An ORDINANCE authorizing that ordinances may be. enrolled otherwise than
now required by law.
Passed December 4,1861.
It having been, made known to the convention that it is impossible to procure
parchment for the enrollment of the ordinances, according to the requirements of
existing laws:
Be it therefore ordained, that the secretary be and he is hereby authorized to
enroll the ordinances which have been or may be passed by this convention, on
substantial paper.
ORDINANCES QE THE VIRGINIA CONVENTION.
9
No! 95.—An ORDINANCE authorizing the General Assembly to fill Vacancies in that body
in certain bases.
Passed December 4,1861.
"Whereas vacancies may have occurred or may occur in the general assembly,
and by reason of the presence of the public enemy, it may be impossible to fill
"suph vacancies in the mode now provided by the constitution and hives: Therefore,
Be it ordained, that in all such'cases now existing, or that may hereafter occur
during the present whr, the senate and tile house bf delegates shall-each have
power to elect members to .fill such vacancies in its own body, or such vacancies
may be filled in such other manner as the general assembly may prescribe by law.
No. 96.—An ORDINANCE concerning Treasury-Notes..
' Passed December 4,1861.
Whereas* by ordinances of this convention, number thirty-fives, entitled an ordi¬
nance ho authorize the issue of treasury notes, passed April 30tli,-1861, and an or¬
dinance numbpr seventy-one, entitled an ordinance authorizing .treasury notes, and
concerning the banks, passed June 28th, 1861, authority was given to issue trea¬
sury notes to an amount not exceeding in the aggregate the sum of six millions- of
dollars, of which .four millions were to bear interest at the rate,of six per centum
per annum, and the remaining two millions were to" be without inleres't; and it be¬
ing desirable to relieve the treasury from the payment of interest .on the treasury
notes Used and circulated as a currency:
Be it ordained, that, the auditor of public accounts be and he is hereby autho¬
rized to issue treasury notes, which shall bear no interest, to An amount not ex¬
ceeding four millions of dollars, for the' purpose of .redeeming a"t maturity, or at
such other time as they may be presented for payment, the .interest bearing trea¬
sury notes which were issued under the ordinances of this convention, passed as
aforesaid, respectively, on the 30th day of April 1861, and on the 28th day of June
1861. The said notes shall be of denominations not less than five dollars; be pay¬
able to bearer at the treasury,-oh demand; and when presented for payment in
•sums of five hundred dollars, or any multiple of one hundred dollars above that
sum, they may be converted into registered bonds of the state, bearing six per cen¬
tum per annum' interest.- All the provisions of said ordinances numbers thirty-five
and seventy-one, in this ordinance referred to, and "the Ordinance entitled an ordi-.
nance requiring the banks, to receive the treasury notes of .this commonwealth,
passed July 1st, 1861, shall be held to apply to the notes authorized to be issued
by this.ordinance,- except so far only as they may be inconsistent therewith. And
to enable the auditor of public accounts to execute the provisions of this ordinance,
he is authorized to employ, for the purpose of dating, numbering, clipping and re¬
gistering said notes, such clerical force, in addition to that now in his office, as may
be necessary for the object, at an expense not exceeding the rate of nine hundred
dollars per annum for the time so employed. All expenses'incurred in the execu¬
tion of this act, 'shall he defrayed out of any money in the treasury not otherwise
appropriated.
This ordinance shall be.in force from its passag..
15
10
ORDINANCES OE THE VIRGINIA CONVENTION.
No. 97*.—An ORDINANCE enabling the Bank of the Old Dominion at PearisUtft-g and. die
■ Northwestern Bank at Jeffersonville to issue Small Notes.
Passed December 4,-1861.
Be it ordained, that the provisions of the ordinance passed on the 26th day of
April 1861, permitting'the issue of notes of a less denomination than five dollars,
by the banks, of this commonwealth, be and the same are hereby extended to the
Bank of the Old Dominion at PearisTpufg and to the Northwestern Bank at- Jef¬
fersonville.
No. 98,—An ORDINANCE concerning Returned Natives.
Passfed December 6, 1861.
Be it ordained, that natives of Virginia who were residents of any other states
or countries, prior to the 4th day of March last, and who since that time, have re¬
turned hither, with .the intention of permanently resuming- their citizenship, or who
are. now here with sncb intention, shall have and enjoy all the rights and privileges
of citizens of Virginia, as fully as if they had never resided elsewhere.
This ordinance shall take effect from its passage.
No. 99.—An ORDINANCE to authorize the qualified Voters of the Commonwealth, who
may be in the Military Service of the State or the Confederate States, to vote for Mein-
hers of the General Assembly within their Encampments; and, authorizing the General
Assembly to make such laws aS may be requisite to give the qualified voters, in the
Military Service of the State or the Confederate States, -on the day.of any election under
the Constitution, the right to vote within their Encampments at such elections, and
authorizing the citizens of any County or Corporation absent therefrom because of the
presence pf the Public Enemy, who Would be qualified to vote for Members of the Gene¬
ral Assembly, in such County or Corporation, to vote at any general or special Election
for Members of tbe General Assembly for their counties or corporations.
Passed December 6, 1861.
1. Be it ordained, that the qualified voters of this commonwealth, who may be
in the military service of the state of of the Confederate States on. the day of
any general or special election 'for the general assembly, may vote in Said elec- •
tions at, such place or places within their encatnpment as. the commander at such
encampment shall designate, whether the said encampment shall be within the
limits of this- state or not.
2". For each place of voting the commander of-the encampment shall appoint
a superintendent, three commissioners, and as. many clerks as shall be necessary,
who, after being first duly sworn by him, shall perform the duties required of,
and be liable to the penalties imposed upon, suoh officers, by the election laws of
;the state. The said commissioners shall open polls for the counties and corpora¬
tions of the state from which there may be voters in the said encampment desiring
to vote. The qualified voters who' present themselve» to exercise the right of
ORDINANCES OP THE VIRGINIA CONVENTION.
11
suffrage, shall be each asked to name the county or corporation of his residence,
arid shall T)e allowed to vote to represent the county in which-he resides, and his
name Shall be headed in the "poll book opened for his county or corporation.
When the polls taken as aforesaid shall be closed, the commissioners holding- said
election shall make a certified statement of the- result of the election, in such en¬
campment", for each county for which a poll was opened, and shall deliver the
statement so "made and the poll book to the commander of the encampment, who
shall forthwith appoint some person whose duty it shall be to take the.poll book
and the statement of; the result to the courthouse of the county for which said
election, was held, and to deliver the same to the officer conducting the election at
the courthouse of said county; but if said county is in possession of the public
enemy,*(then to deliver tjie same to the secretary of the commonwealth. All other
proceedings shall be the same as prescribed by the ejection laws of the state.
3. Power is hereby-given the general assembly to make such laws during the
existing war. between the Confederate States and the president of the United
"States, as maybe requisiteto authorize the qualified voters of the commonwealth,
who may be in the- military' service of the state on the day of any election under
the constitution, to vote within their encampment at. such election
4. The Citizens of any county or corporation absent therefrom because of the
presence of the public enemy, who would be qualified to tote for members of the
general assembly in such cbunty or corporation, may, during the continuance of
the "present war, vote at any general*or special election for members of the gene¬
ral assembly for their counties or corporations at the courthouse of any county or
corporation in the state where they may happen to be on the day of said election :
and returns shall be made and certificates given in the mode now prescribed by
law.
THE
CONSTITUTION
OF THE
CONFEDERATE STATES OF AMERICA.
ADOPTED MARCH 11, 1861.
CONSTITUTION.
We, the people of the Confederate States, each state acting in its sovereign and
independent character, in order to form a permanent federal government, establish
justice, insure domestic tranquillity and secure the blessings of liberty to ourselves
and our posterity—invoking the favor and guidance of Almighty God—do ordain
and establish, this constitution for the Confederate States- of America.
ARTICLE I.
Section 1.
All legislative powers herein delegated shall be vested in a congress of the Con¬
federate. States/which shall consist of a senate and house of representatives.
Section 2.
1. T.he house of representatives shall be composed of-members chosen every
seeond. year by the people of the several states; and the electors in each state shall
be citizens of the Confederate States, and have the qualifications requisite for elec¬
tors of the most numerous branch of the state legislature-; but no person of foreign
birth, riot a citizen of the Confederate States, shall be allowed to vote for any offi¬
cer, civil ,or political, state or federal.
'2. No person shall be a* representative who shall not have attained the age of
twenty-five years, and be a citizen of the- Confederate States, and who shall not,
when elected; be an inhabitant of that state in which he shall he chosen.
3. Representatives and direct taxes shall he apportioned among the several
states, which may be included within this Confederacy, according to their" respec¬
tive •numbers, which shall.-be determined by adding to th6 whole number1 of free
persons, including those bound to service for a term of years, and excluding In¬
dians not taxed, three-fifths of all slaves. The actual- enumeration shall be made
within three years after the first meeting of the congress of the (Confederate States,
and within every -subsequent term of ten years, in such manner as they shall by
law direct. The number of representatives shall not exceed one for every fifty
thousand, but each state shall have at. least one representative : and until such
enumeration shall be made, the state of South Carolina shall be entitled to choose
six; the state of Georgia ten; the state of Alabama nine; the state.of Florida
two; the state of Mississippi seven; the state of Louisiana six; and the state of
Texas six.
4. When vacancies happen in the representation from any state, the executive
authority thereof shall issue writs of election to fill such vacancies-
4
CONSTITUTION OP THE CONFEDERATE STATES.
5. The. house of representatives shall choose their speaker and other officers;
and shall haye the sole power of impeachment; except that any judicial or other
federal officer, resident and acting solely within the limits of any state, may be
impgached by a vote of 'two-thirds of both branches of the legislature thereof.
Section 3.
1. The senate of-the Confederate States shall be composed of two senators from
each state, chosen for six years by the legislature thereof, at the regular session
next immediately preceding the commencement of' the term of service; and each
senator shall have one vote.-
• 2. Immediately after they shall be assembled,' in consequence of the first elec¬
tion, they shall be divided as equally as may be into three classes. The seats of
the senators of the first class shall be vacated at the expiration of the second year;
of the second class at the expiration of the fourth jTear; and of the third class at
the expiration of the sixth year; so that one-third may be chosen every second
year; and if vacancies happen by resignation, or otherwise, during the recess of
the legislature of any state, the executive thereof may make temporary appoint¬
ments until the next meeting of the legislature, which shall- then £11 such vacancies.
' 3. No person shall be a senator who shall not have attained the age of thirty
years, and be a citizen of the Confederate States; and who shall not, when elected,
be an inhabitant of the state for which he shall be chosen.
4. The vice-president of the Confederate States shall be president of th£ senate,
but shall have no vote, unless they be equally divided.
5. The senate shall choose their other officers; and also a president pro tempore
in the absence of the vice-president, or when he shall exercise the office of president
of the Confederate States.
6. The senate shall have the sole power to try all impeachments. When sitr
ting for that purpose, they' shall be on oath or affirmation. When the president'
of the Confederate States is tried, the chief justice shall preside; and no person
shall be convicted without the concurrence of two-thirds of the members present.
7. Judgment in eases 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 Confederate States; but the party convicted shall, nevertheless,
be liable and subject to. indictment, trial, Judgment and punishment according
to law.
Section 4.<
1. The times, plaees and manner of holding elections for senators and represen¬
tatives, shall be prescribed in each state by the legislature thereof, subject to
the provisions of this constitution; but the congress may, at any time, by law,
make or alter such regulations, except as to the times and places of choosing"
senators.
2. The congress shall assemble at least once ip every year; and such, meeting
shall be on the first Monday in December, unless they shall,, by law, appoint &
different day.
constitution of the confederate states.
5
Section 5.
1. Each house shall he the judge of the elections, retains and qualifications of
its Own members, and a majority of each shall constitute a quorum to do business;
hut a smaller number may adjourn from day to' day, and may be authorized to
compel the attendance of absent members, in such manner and under such penalr
ties as each house may provide.
2. Each house may determine the rules of its proceedings, punish its members
for disorderly behavior, and with the concurrence of two-thirds of the whole num¬
ber expel a member.
3. Each house shall keep a journal of its proceedings, and from time to. time
publish the same, excepting such parts as may in their judgment require secrecy;
and tlie 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.
4. Neither house, during the session of congress, shall, without the consent of
the other, adjourn for more than three days, nor to any other place than that in
which the two houses shall be sitting.
Section 6.
• 1. The senators and representatives shall receive a compensation for their ser¬
vices,.to'be ascertained-by law, and paid out of the treasury of the Confederate
States. They shall, in all cases, except treason, felony, and breach of the peace,
be privileged from arrest during their attendance at the session of their respective
houses, and in going to and returning from the same; and for any speech or de-
hate in either house, they shall not be questioned in any other place.
,2. No senator or representative shall, during the time for which he was elected,
be appointed to any civil office under the- authority of the Confederate States,
which shall have been created, or the emoluments whereof shall have been in¬
creased during such time;. and no person holding any office under the Confederate
States shall be- a member of either house during his continuance in office. But
congress "may, by law, grant to'the principal officer in each of the executive de¬
partments a seat upon the floor of either house, with the privilege of discussing
any measures appertaining to" his department.
Section 7.
1. All bills for raising revenue shall originate in the house of representatives;
but the senate may propose or concur with amendments, as on other bills.
2. Every bill which shall have passed both houses, shall, before it becomes a
law, be presented-to the president of the dopfederate States; if he approve, he
shall sign it; but if not, he shall return it, with his objections, to that house- in
which it shall have originated, who shall enter the objections at large on their
journal, and proceed to reconsider it. • If, after such reconsideration, two-thirds of
that house shall agree to pass the bill, it shall be Sent, together with the objections,
to the other house, by which it shall likewise be reconsidered, and if approved by
6
CONSTITUTION. OF THE CONFEDERATE STATES.
two-thirds of that house, it shall become a law. But in all such case?,.the votes
of both houses shall be determined by yeas and nays,^ and the names of the per¬
sons voting for and against the bill shall .be entered on the journal of each house
respectively. If any bill shall not be. returned by the president within ten days
(Sundays excepted) after it shall have been presented to him, the,same, shall be a
law, in like manner as if he had signed it, unless the congress, by tlieir adjourn¬
ment, prevent its return; in which case it shall not be a law. The president may
approve any appropriation and disapprove any other appropriation in the same
bill. In such case he shall, in signing the bill, designate the appropriations dis¬
approved ; and shall return a copy of such appropriations, with his objections, to
the house in which the bill shall have originated; and the same proceedings shall
then be had as in case of other bills- disapproved by the president.
3. Every order, resolution or vote, to which the concurrence of. both houses may
be necessary (except on a question of adjournment), shall be presented -to the.
president of the' Confederate States; and before the same shall take effect, shall
be approved by him; or being disapproved by him, shall be repassed by two-thirds
of both houses, according to the rules and limitations prescribed in case of a bill.
Section 8.
The congres^ shall have power—
1. To lay and collect taxes, duties, imposts, and excises, for revenue necessary
to pay the debts, provide for the common defence, and carry on the government
of the Confederate States; but no bounties shall be granted from the treasury;
nor shall any duties or taxes on importations from foreign nations be laid to pro¬
mote or foster any branch of industry; and all duties, imposts, and excises shall
be uniform throughout the Confederate States:
2. To borrow money on the credit of the Confederate States:
3. To regulate commerce with foreign nations, and among the several states,
and with the Indian tribes; but neither this, nor any other clause contained in.
the constitution, shall ever be construed to delegate the power to congress-to ap¬
propriate money'for any internal improvement intended to facilitate.commerce",
except for the purpose of furnishing lights, beacons, and buoys, aqd other aids to
navigation upon the coasts, and the improvement of harbors and the removing
of obstructions in river navigation; in all which cases, such duties shall be laid on
the navigation facilitated' thereby, as may be necessary to pay the costs and ex¬
penses thereof:
4. To establish uniform- laws of naturalization, and uniform laws on the subject
of bankruptcies, throughout the Confederate States; but no law' of congress shall
discharge any debt contracted before the passage Of the same :
5. To coin money, regulate the value thereof and of foreign coin, and fix the
standard of weights and measures :
6. To provide for the punishment of counterfeiting the securities and current
coin of the Confederate States:
CONSTITUTION OP THE CONFEDERATE STATES.
7
. 7. To establish post-offices and post-routes; bqt the expenses of the post-office
department,, after the first day of March in the year of our Lord eighteen hundred
and: sixty-three, shall be paid out of its own revenues:
8. To promote the progress of science and useful arts, by securing, for limited
times to authors and inventors, the exclusive right to their respective, writings and
discoveries
9. To constitute' tribunals inferior to the supreme eoiirt:
^ •
10. To define and punish piracies and felonies committed on the high seas,
and offences against the law of nations :
11. To declare war, grant letters of marque and reprisal, and make rules con¬
cerning captures on land and water :
12. To raise and support armies; but no appropriation of money to that use
ghall be for a longer term than two years
.13. To provide and maintain a navy:
14. To* make rules for the government, and regulation of the land and naval
forqes S
15.' To provide for' calling forth the militia, to execute the laws of the Confede¬
rate States, suppress insurrections., and repel invasions:
16. To provide for organizing, arming, and disciplining the militia, and for
governing such part of them as may be employed in the service of the Confederate
States;, reserving to. the states, respectively, the appointment of the officers, and
the authority of training* the militia according to the discipline prescribed by
congress: " ' .
17. To exercise exclusive legislation, in all cases whatsoever, over such district
(not exceeding'ten miles square) as may, by cession of one or more states and the
acceptance of congress, become the seat of the government of the Confederate
States; and to exercise like authority over all places purchased by the consent of the
legislature of the state in which the same shall be, for the erection of forts, maga¬
zines, arsenals, dockyards, and other needful buildings: and
18. To make all .laws which shall be', necessary and proper for carrying into,
execution the foregoing powers, and all other powers vested by tips constitution
iq the government of the Confederate States, or in any department or officer
thereof.
Section 9.
1. The importation of negroes of the African race from any foreign country
other than the slaveholding states or territories of the United States of America,
is hereby forbidden; and .congress is required to pass such laws as shall ^Fectually
' prevent the same.
2. Congress shall also have power to prohibit the introduction of slaves from
any state not a member of, or territory not belonging to, this Confederacy.
8
CONSTITUTION OP THE CONFEDERATE STATES.
3. The privilege of the writ of habeas corpus shall not be suspended, unless
when in cases of rebellion or invasion, the public safety may require it.
4. No bill of attainder, el post facto law, or law denying or impairing the right
of property in negro slaves, shall be passed.
5. No capitation or other direct tax shall be laid, unless in proportion to the
census or enumeration herein before directed, to be taken,
6. No tax or duty«shall be laid on articles exported from any state, except by a
vote of two-thirds of both houses.
•
7. No preference shall be given by any regulation of commerce or revenue to
the ports of one state over those of another.
8. No money shall be drawn from the treasury, but in consequence of appro¬
priations made by law; and a regular statement and account of the receipts and
expenditures of all public money shall be published from time to time.
9. Congress shall appropriate no money from the treasury, except by a vote of
two-thirds of both houses, taken by yeas and na^s, unless it be asked and esti¬
mated for by some one of the heads of departments, and submitted to congress by
the president, or for the purpose of paying its own expenses and contingencies;
or for the payment of claims against the Confederate States, the justice of which
shall Jiave been judicially declared by a tribunal for the investigation of claims
against the government, which it is hereby made the duty of congress to establish.
10. All bills appropriating money, shall specify in federal currency the exact
amount of each appropriation and the purposes for which it is made; and con¬
gress shall grant no extra compensation to any public contractor, officer, agent Or
servant, after such contract shall have been made or such service rendered.
11. No title of nobility shall be granted by the Confederate States; and no
person holding any office of profit or trust under them, shall, without the consent
of the congress, accept of any present, emolument, office, or title of any kind
whatever, from any king, prince, or foreign state.
12. Congress shall make no law respecting an establishment of religion or pro¬
hibiting the free exercise thereof: or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and petition the govern¬
ment for a redress of grievances.
13. A well regulated militia being necessary to the- security of a free state, the
right of the people to keep and bear arms shall not be infringed.
14. IjTo soldier shall, in time of peace, be quartered in any house without the
eonsent of the owner; nor in time of war, but in a manner to be prescribed by
law.
15. The right of the people to be secure in their persons, houses, papers and
effects, against unreasonable searches and seizures, shall not be violated; and no
CONSTITUTION' OF THE CONFEDERATE STATES,
9
warrants shall issue but upon probable cause, supported by oath .or affirmation, and
particularly describing the place to be searched, and the persons or things to be
seized.
16. No person shall be held to answer for a capital or otherwise infamous crime,
Unless on a presentment or indictment of a grand jury, except in cases arising in
the land or naval forces, or in. the militia, when in actual service in time of war or
public danger; nor shall any person, be subject for the same offence to- be twice
put in jeopardy of life or limb; nor be compelled in any criminal case to be a
Witness against himself; nor be deprived of life, liberty, or property, without due
process of law; nor shall .private property be taken for public use, without just
compensation.
17. In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the state and district wherein the crime
shall have been committed, which district shall have -been previously ascertained
by law, and to be informed of the nature and cause of the accusation; tp be con¬
fronted with the witnesses against him; to have compulsory process for obtaining
witnesses in his favor; and to have the assistance 'of coifnsel for his defence.
18. In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be/preserved; and no fact so tried by a
jury shall be otherwise re-examined in any court, of the Confederacy, than accord¬
ing to the rules of the common law.
19. Excessive bail shall not be required, nor excessive fin.es imposed, nof cruel
and unusual punishments inflicted. - '
20. Every law, or Resolution having the force of law, shall relate to but one
subject, and that shall be expressed in the title.
"Section 10.
1. No state shall enter into any treaty, alliance, or confederation; grant letters
of marque and reprisal; coin money; make any thing but gold and silver coin a
tender in payment of debts; pass any bill of attainder, of ex post facto law, or
layv impairing the obligation of contracts; or grant any title oft nobility.
2. No state shall, without, the consent of the congress, lay any imposts, or duties
on. imports or exports, except what may be absolutely necessary for executing its
inspection laws; and.the net produce of all duties and imposts; laid by any state
on imports or exports, shall be for the use of the treasury of the Confederate
States, and all such laws shall be subject to the revision and control of-congress.
3. No state shall, without the- consent of congress, lay any] duty on tpnnage,
except on sea-going vessels, for the improvement of its rivers and harbors navi-
.gated by the said vessels; but such duties shall not conflict with any treaties of the
Confederate States with foreign nations; and any surplus revenue, thus derived,
shall, after making such improvement, be paid into the common treasury. Nor
shall any state keep troops or ships of War in .time of peace, enter into any agree¬
ment or compact with another state, or with a foreign power, or engage in war,
10
CONSTITUTION OF THE .CONFEDERATE STATES.
unless actually invaded, or in sueli imminent danger as will not admit-of delay.
But when any river divides or flows through two or more states, they may enter
into compacts with each other to improve the navigation thereof.
ARTICLE n.
Section X
1. The executive power shall be vested in a president of the Confederate States
of America. He and the vice-president shall hold their offices for the term of six
years; but the president shall not be re-eligible. The president and vice-presi¬
dent shall be elected as follow^:
,2. Each state shall appoint, in such manner as the legislature thereof jnay di¬
rect, a number of electors equal to the whole number of senators and representa¬
tives to which the state may be entitled in the congress; but no senator or re¬
presentative, or person holding an office of trust or profit under the Confederate
States, shall be appointed an elector.
3. The electors shall meet in their respective states, and vote by ballot for pre¬
sident and "vice-president,- one of whom, at least, shall not be an inhabitant of the
same state with themselves; they shall name in their ballots the person voted for
as president, and in distinct ballots, t;.j petoou ^oueu .or as vice-president, and'
they shall make distinct lists of all persons voted for as president, and of all per¬
sons voted for as vice-president, and of the number of votes for each, which lists
they shall sign and certify, and transmit, sealed, to the seat of Ihe government of
the Confederate States, directed to the president of the senate; the president of
the senate shall, in the presence of the senate and house of representatives, open
all the certificates, and the votes shall then be counted; the person having the
greatest number of votes for president, shall be the president, if such number be
a majority of the whole number of electors appointed; and if no person have such
majority, then, from the persons having the highest numbers, not exceeding three,
on the list of those voted for as president, the house of representatives shall choose
immediately, by ballot, the president. But in choosing the president, the votes
shall be taken by states—the representation from each state having one vote. A
quorum for this purpose shall consist of a member or members from two-thirds of
the states," and a majority of .all the states shall be necessary to a choice. And if
the house of Representatives shall not choose a president, whenever the right of
choice shall devolve upon them, before the fourth day. of March next following,
then the vice-president shall act as president, in case of the' death, or other
constitutional disability of the president. ,
4. The person having the greatest number of votes as vice-president, shall be
the vice-preSident, if such number be a majority of the whole number of electors
appointed; and if no person have a majority, then, from the two highest numbers
on the list the senate shall choose the vice-president. A quorum for the purpose
shall consist of two-thirds of the whole number Of senators, and a majority of the
whole number shall be necessary to a choice.
5h But no person constitutionally ineligible to the office of president, shall be
eligible to that of vice-president of the Confederate States.
CONSTITUTION OF THE CONFEDERATE STATES.
11
fn The congress may determine the time of choosing the electors, and the day
on which they shall give their votes; which day shall he the same throughout the
Confederate-States.
7. No person except a natural horn citizen of the Confederate States, or a citi¬
zen thereof at the time of the adoption of this constitution, or a citizen thereof,
horn in the United States prior to the 20th of December 1860, shall he eligible to
the office of president; neither shall any person he eligible to that office who shall
not have attained the age of thirty-five years, and been fourteen years a resident
within the limits of the Confederate States, as they may exist at the time of his
election.
8. Jn case of the removal of the president from office, or of his death, resigna¬
tion or inability to discharge the powers and duties of the said office, the same shall
devolve on the vice-president; and the congress may by law provide for the case
of removal, death, resignation, or inability, both of the president and viee-presi-
dent, declaring what officer shall then act as president; and such officer shall-act
accordingly, until the disability.be removed or a president shall be elected.
9. The president shall at stated times receive for his services, a compensation,
which shall neither be increased nor diminished during the period for which he
shall have been elected; and he shall not receive within that period any other
emolument from the Confederate States, or any of them.
10. Before he enters on the execution of his office, he shall take the following
oath ot affirmation:
"I do solemnly swear (or affirm) that I will faithfully execute the office of
• president of the Confederate States,1 and will, to the best of my ability, preserve,
protect, and defend the constitution thereof."
Section 2.
1. The president shall be commander-in-chief of the army and navy of the
Confederate States, and of the militia of the several states, when called into the
actual service of the Confederate States; he may require the opinion in writing of
the principal officer in each'of the executive departments, upon any snbject
relating to the duties of their repective offices; and he shall have power to grant
reprieves and pardons for offences against the Confederate States, except in cases
of impeachment.
2. He shall have power, by and with the advice and consent of the senate, to
make treaties, provided two-thirds of the senators present concur: and he shall
nominate, and by and with the advice and consent of the senate shall appoint
ambassadors, other public ministers and consuls, judges of the supreme court, .and
all other officers of the Confederate States whose appointments are not herein
otherwise provided for, and which shall be established by law. But the congress
may, by law, vest the appointment of such inferior officers as they think proper in
the president alone, in the courts of law, or in the. heads of departments.
3. The principal officer in each of the executive departments, and all persons
12
CONSTITUTION OF THE - CONFEDERATE STATES.
connected with the diplomatic service, may be removed from office at the pleasure
of the . president. All other civil officers of the executive department may be
removed at any time by the president, or other appointing .power, when their
services are unnecessary, or for dishonesty, incapacity, inefficiency, misconduct, or
.neglect of duty; and when so removed, the removal shall he reported to the
senate, together' with the reasons therefor.
4. The president shall have power to fill all vacancies that may happen-during
the recess of the senate, by granting commissions which shall expire at the end of
their next session; but no person rejected by the senate shall be reappointed to
the same office during .their ensuing recess.
Section 3.
1. The president shall, from time to time, give to the congress information of
the state of the Confederacy, and recommend to their consideration such measures
as he shall judge necessary and expedient'; he may, pn extraordinary occasions,
convene both houses, or either of them; and in case of disagreement between
them, with respect to the time of adjournment, he may adjourn them to such time
as he shall think proper; he shall receive ambassadors and other public ministers;
he shall take care that the laws be faithfully executed; and shall commission all
the officers of the Confederate States.
Section 4.
1. The president, vice-president, and all Civil officers of the Confederate States
shall be removed from office on impeachment for and conviction of treason, bribery,
or other high crimes and misdemeanors.
•ARTICLE III.
Section l.
1. The judicial power of the Confederate States shall be vested in one supreme
court, and in such inferior courts as the congress may from time to time ordain
and establish. The judges, both of the supreme and inferior courts, shall hold
their offices during good behavior, and shall, at stated times, receive for their
services a compensation which shall not be diminished during their continuance'in
office.
Section 2.
1. The judicial power shall extend to all cases arising under this constitution,
the laws of the Confederate States and treaties made, or which shall be made,
under their authority; to all cases affecting ambassadors, other public ministers
and consuls; to all cases of admiralty and maritime jurisdiction; to "controversies
to which the Confederate States shall be a party; to controversies between two or
more states; between a state and citizen of another state, where the state is plain¬
tiff ; between citizens claiming lands under grants of different states; and between
a state or the citizens thereof, and foreign states, citizens or subjects; but no state
shall be sued by a citizen or subject of any foreign state.
2. In all cases affectiqg ambassadors, other public ministers and consuls, and
CONSTITUTION OF THE CONFEDERATE STATES.
13
those in which a state shall be a party, the supreme court shall have original ju¬
risdiction. In all the other cases before mentioned, the supreme court shall have
appellate jurisdiction both as to law and fact, with such exceptions and under such
regulations as the congress shall make.
3. The trial of all crimes except in cases of impeachment, shall be by jury,
and such trial shall be held in the state where the said crimes shall have been com¬
mitted ; but when not committed within any state, the trial shall be at such place
or places as the congress may by law have directed.
Section 3.
1. Treason against the Confederate States shall consist only in levying war
against them, or in adhering to their enemies, giving them aid and comfort. . No
person shall be convicted of treason unless on the testimony of two witnesses to
the same overt act, or on confession in open court.
2. The congress shall have power to declare the punishment of treason; but'
no attainder of treason shall work corruption of blood, or forfeiture, except during
the life of the person attainted.
ARTICLE IV.
Section 1.
1. Full faith and credit shall be given in each state to the public acts, records,
and judicial proceedings of every other state. And the congress may, by general
laws, prescribe the manner in which such acts, records and proceedings shall be
proved and the effect thereof.
Section 2.
1. The citizens of each state shall be entitled to all the privileges and immuni¬
ties of citizens in the several states; and shall have the right of transit and so¬
journ in any state of this Confederacy, with their slaves and other property; and
the right of property in said slaves shall not be thereby impaired.
2. A person charged in any state with treason, felony, or other crime against
the laws of such state, who shall flee from justice, and be found in another state,
shall, on demand of the executive authority of the state from which he fled, be de¬
livered up, to be removed to the state having jurisdiction of the crime.
3. No slave or other person held to service or labor in any state or territory of
the Confederate States, under the laws thereof, escaping or lawfully carried into
another, shall, in consequence of any law or regulation therein, bti discharged
from such service or labor; but shall be delivered up on claim of the party to
whom such slave belongs, or to whom such service or labor may be due.
Section 3.
1. Other states may be admitted into this Confederacy by a vote of two-thirds
of the whole house of representatives and two-thirds of the senate, the senate
voting by states; but no new state shall be formed or erected within the jurisdic-
16
14
CONSTITUTION OF THE CONFEDERATE STATES.
tion of any other state; nor any state be formed by the junction of two or more
states, or parts of states, without the consent of the legislatures of the states con¬
cerned, as well as of the congress.
2. The congress shall have power to dispose of and make all needful rules and
regulations concerning the property of the Confederate States, including the lands
thereof
3. The Confederate States may acquire new territory; and congress shall have
power to legislate and provide governments for the inhabitants of all territory
belonging to the Confederate States, lying without the limits of the several states;
and may permit them, at such times, and in such manner as it may by law pro¬
vide, to form states to be admitted into the Confederacy. In all such territory,
the institution of negro slavery, as it now exists in the Confederate States, shall
be recognized and protected by congress and by the territorial government; and
the inhabitants of the several Confederate States and territories shall have the
right to take to such territory any slaves lawfully held by them in any of the
states or territories of the Confederate States.
4. The Confederate States shall guaranty to every state that now is, or here¬
after may become, a member of this Confederacy, a republican form of govern¬
ment ; and shall protect each of them against invasion; and on application of the
legislature (or of the executive, when the legislature is not in session), against
domestic violence.
ARTICLE Y.
Section l.
I. Upon the demand of any three states, legally assembled in their several con¬
ventions, the congress shall summon a convention of all the states, to take into
consideration such amendments to the constitution as the said states shall concur
in suggesting at the time when the said demand is made; and should any of the
proposed amendments to the constitution be agreed on by the said convention—
voting by states—and the same be ratified by the legislatures of two-thirds of the
several states, or by conventions in two-thirds thereof—as the one or the other
mode of ratification may be proposed by the general convention—they shall
thenceforward form a part of this constitution. But no state , shall, without its
consent, be deprived of its equal representation in the senate.
ARTICLE VI.
1. The government established by this constitution is the successor of the pro¬
visional government of the Confederate States of America, and all the laws passed
by the latter shall continue in force until the same shall be repealed or modified;
and all the officers appointed by the same shall remain in office until their succes¬
sors are appointed and qualified, or the offices abolished.
2. All debts contracted and engagements entered into before the adoption of
this constitution shall be as valid against the Confederate States under this con¬
stitution as under the provisional government.
CONSTITUTION OF THE CONFEDERATE STATES.
15
3. This constitution and the laws of the Confederate States made in pursuance
thereof, and all treaties made or which shall he made under the authority of the
Confederate States, shall be the supreme law of the land; and the judges in
every state shall be bound thereby, any thing in the constitution or laws of any
state to the contrary notwithstanding.
4. The senators and representatives before mentioned, and the members of the
several state legislatures, and all executive and judicial officers, both of the Con¬
federate States and" of the several states, shall be bound by oath or affirmation to
support this constitution; but no religious test shall ever be required as a qualifi¬
cation to any office or public trust under the Confederate States.
5. The enumeration, in the constitution, of certain rights, shall not be construed
to deny or disparage others retained by the people of the several states.
6. The powers not delegated to the Confederate States by the constitution, nor
prohibited by it to the states, are reserved to the states, respectively, or to the
people thereof.
ARTICLE VII.
1. The ratification of the conventions of five states shall be sufficient for the es¬
tablishment of this constitution between the states so ratifying the same.
2. When five states shall have ratified this constitution, in the manner before
specified, the congress under the provisional constitution shall prescribe the time
for holding the election of president and vice-president, and for the meeting of the
electoral college, and for counting the votes, and inaugurating the president.
They shall also prescribe the time for holding the first election of members of con¬
gress under this constitution, and the time for assembling the same. Until the
assembling of such congress, the congress under the provisional constitution shall
continue to exercise the legislative powers granted them; not extending beyond
the time limited by the constitution of the provisional government.
EXTRACT FROM THE JOURNAL OF THE CONGRESS,
Congress, March 11, 18f>3.
Oil the question of the adoption of the constitution of the Confederate States of America,
the vote was taken by yeas and nays; and the constitution was unanimously adopted, as
follows:
Those who voted in the affirmative being Messrs. "Walker, Smith, Curry, Hale, McRae,
Shorter, and Fearn, of Alabama (Messrs. Chilton and Lewis being absent); Messrs. Mor¬
ton, Anderson, and Owens, of Florida; Messrs. Toombs, Howell Cobb, Bartow, Nisbet,
Hill, Wright, Thomas R. R. Cobb, and Stephens, of Georgia (Messrs. Crawford and
Kenan being absent); Messrs. Perkins, de Clouet, Conrad, Kenner, Sparrow, and Marshall,
of Louisiana; Messrs. Harris, Brooke, Wilson, Clayton, Barry, and Harrison, of Missis¬
sippi (Mr. Campbell being absent); Messrs. Rhett, Barnwell, Iveitt, Chesnut, Memminger,
Miles, Withers, and Boyce, of South Carolina; Messrs. Reagan, Hemphill, Waul, Gregg.
Oldham, and Ochiltree, of Texas (Mr. Wigfall being absent).
A true copy;
J. J. HOOPER,
Secretary of the Congress.
Congress, March 11, 1861.
1 do hereby certify that the foregoing are, respectively, true and correct copies of " the
constitution of the Confederate States of America," unanimously adopted this day, and of
the yeas and nays on the question of the adoption thereof.
HOWELL COBB,
President of the Congress