3>*' ACTS OF THE GENERAL ASSEMBLY OF THE TATE OF VIEGINIA, PASSED AT CALLED SESSION, 1862, IN THE EIGHTY-SEVENTH YEAR OF THE COMMONWEALTH, EICHMONB: WILLIAM F. RITCHIE, PUBLIC PEINTEK* 1862. Digitized by the Internet Archive in 2012 with funding from University of North Carolina at Chapel Hil http://archive.org/details/actsofgeneralassvirg ACTS PASSED AT THE CALLED SESSION, 1862. Chap. 3. — An ACT to provide for the production, distribution and sale of Salt in this Commonwealth. Passed October 1, 1862. 1. Be it enacted by the general assembly, that the governor of powers of gc- this commonwealth may adopt every such measure and do every ^ ernor such act as in his judgment may be necessary and proper to be done, in order to secure the possession, production or. distribution to con- venient places, of such quantity of salt as will in his judgment be sufficient to supply the people of this commonwealth : and to that Faith of com- end, may bind the faith of the commonwealth for the performance ho°wT>iedged of such contracts and engagements as he may determine to be neces- sary and proper ; and may exercise full authority and control over the property and franchises of any person, firm or company in this commonwealth, whenever he shall judge it to be necessary and proper to exercise the same, in order to secure the possession, pro- duction or distribution of the quantity of salt aforesaid: provided, Washington and that nothing herein contained shall be construed to authorize the wor^not^to be purchase of the Smyth and Washington or Kanawha salt works, or P nrchaae( i any freehold interest therein. 2. If, in the opinion of the governor, in order to obtain a speedy property, ho-w and sufficient supply of salt, it shall be expedient to do so, he may seized ' &c - seize, take possession of and hold and exercise full authority and control over the property, real and personal, of any person, firm or company, and any engines, machinery or fixtures and other property or thing necessary for the production of salt in this commonwealth, whenever he shall judge it to be necessary to exercise the power hereby conferred, in order to secure the production and distribution of the quantity of salt aforesaid. 3. If, by the exercise of the power conferred by the second sec- what contracts tion of this act f any property should be taken in relation to which to be res P ected there may be existing contracts with the Confederate States, or any of the states of the Confederate States, or with any county, city or contracts with town in this commonwealth, entered into by virtue of an act of the bTrespecttd *° SALT. general assembly, entitled an act to authorize the county courts to purchase and distribute salt among the people, aud provide payment what contracts for the same, passed May ninth, eighteen hundred and sixty-two, or with individuals ,,. . -■. .- , „ ' . , „ - to be respected any contract with individuals lor the benefit ot any county, city or towto, which contract may have subsequently been adopted by such county, city or town, under the act aforesaid : provided, that such contracts with aud for said counties, shall not be respected for a larger amount of salt than the twenty pounds for each inhabitant pro- posed by the lessees to be furnished in the proposition on which said act was founded, the same shall be respected, and the supply of salt when contracts or salt water so contracted for shall be furnished. If a sufficient, to be disre- ' supply of salt water cannot be obtained at the wells now producing salt water, for the production of a sufficient supply of salt for the people of the state, or cannot promptly be obtained from new wells, then the governor is empowered to disregard, in whole or in part, such contracts with the states of the Confederate States ; but if a surplus of water may exist, then the governor is directed to furnish to the other states of the Confederate States, out of any surplus of salt water that may remain after the supply of a sufficient quantity to the state of Virginia: provided, that nothing in this act shall be so construed as to authorize the governor to prevent the owners of salt property, or their assignees, from manufacturing and selling salt from salt water, or fossil salt remaining after all the uses of the state, under the provisions of this act, are supplied. irded When other states to be furnished When rail roads inay be taken 4. The governor may take control of any rail road or canal in this state, if necessary for the transportation of salt for distribution, or for the transportation of fuel or other thing necessary for the pro- duction of salt; but the power conferred by this section shall not be so exercised as to interfere with the transportation of troops, muni- tions of war and army supplies, by the confederate government. Places of distri bution lations Publication 5. The governor shall designate places in the commonwealth from which the sale and distribution of such salt may be made to citizens Rules and regu- of this commonwealth, and prescribe rules and regulations for the sale of the same, and the prices at which it shall be sold. When such prices shall be so prescribed and published for two weeks in some newspaper published in the city cf Eichmond, the sale of such salt at any higher price than the price so prescribed, shall be a mis- demeanor, and the sale of each bushel, or any part of a bushel thereof, at a rate higher than the price so prescribed, shall be a sepa- rate offence. Any violation of the rules and regulations so pre- scribed, shall be a misdemeanor. Upon conviction of any person under this act, he shall pay a fine of not less than one hundred nor more than two thousand dollars. Violation of rules a misde meanor 6. If the governor shall find it necessary to employ agents to re- Agents, how Bond° ye ceive money for the sales of salt, he shall require them to give bond, 9& * SALT. i with such penalty as the governor may require, with good security, to be approved by the governor, payable to the commonwealth, with How payable condition to pay all money received from the sale of salt, into the treasury, to the credit of the commonwealth, at the end of each month. 7. The sum of five hundred thousand dollars is hereby appro- Amount appro- priated, to be paid out of the treasury, upon warrant to be issued by the auditor of public accounts, upon the orders of the governor in Orders of go- writing, to be given only in payment of liabilities incurred for the purposes of this act. 8. For the use of any of the property, real or personal, which Damages, how may be used, occupied, possessed or controlled by the governor, a Board of as- board of assessors, to be composed of five persons not members of sessors the general assembly, who shall be appointed by a joint vote of the two houses, a majority of whom may act and shall concur, shall assess reasonable compensation or damages ; which shall be paid on the Damages, how written order of the governor, upon a written assessment, to be signed by a majority of the members of the board, with their affi- davits that such assessment is, in the opinion of the board, reason- able and just. Such assessment shall be delivered to the governor, Assessment de- to be filed by him in the office of the secretary of state : and a copy vernor ° g ° thereof shall be forwarded by the secretary to the person, firm or company who may be entitled to the compensation or damages; and when assess- unless such person, firm or company shall, within thirty days after 9uch copy shall be delivered to them, refuse, by written objections, to accept the same, such assessment shall be deemed to be final. If w r hen appeal the governor, on behalf of the state, or if any such person, firm or company shall, within thirty days after such assessment shall have been so filed with the secretary of the commonwealth, file such writ- ten objections with the secretary of the commonwealth, and in the office of the circuit court of the city of Richmond, an appeal shall lie from such assessment to the said circuit court ; and the proceed- ings thereon in said court shall be according to the provisions of chapter fifty-sis of the Code of Virginia, as far as the same are ap- plicable thereto, except that the commonwealth shall not be required to pay the compensation or damages to the party entitled thereto, nor into court, before the decision of the appeal. No order shall be induction nor made, nor any injunction awarded by any court or judge, to stay any proceedings of the governor, or his authorized agents, under this act. The board shall be convened at such times and places as the governor Board, how may order, and shall be paid each the sum of four dollars per day, convene and actual expenses incurred in traveling; to be paid b}" warrants to be issued upon the orders of the governor. 9. This act shall be in force from its passage, and shall continue Commencemen; in force until the expiration of the present war. 6 PUBLIC DEFENCE. • Cu.\r. 2. — An ACT to further provide for the Public Defence. Passed October 3, 1862. Duty of go- l. Be it enacted by the general assembly, that the governor of this commonwealth shall, when requested by the president of the Con- federate States, be and he is hereby authorized and required from sinves, how time to time to call into the service of the Confederate States, for labor on fortifications, and other works necessary for the public de- Number limited fence, for a period not exceeding sixty days, a number of male slaves between the ages of eighteen and forty-five years, not exceeding ten Per rentage in thousand at any one time, and not exceeding in any county, city or town five per centum of the entire slave population thereof. Such requisition shall be apportioned ratably among all the slaveholders in the several counties, cities and towns on which the requisition shall Compensation be made. The sum of sixteen dollars per month for each slave shall be paid by the Confederate States to the holders of the slaves, and value of slaves, soldier's rations, medicines and medical attendance furnished; and e pai the value of all such slaves as may escape from the confederate au- thorities and not return to their owners, or be seized or killed by the public enemy, or may, by want of due diligence on the part of the authorities of the Confederate States, in any manner be lost to the owners, shall be paid by the Confederate States to the owners of Farther prori- such slaves, and in like manner compensation shall be made for any injury to slaves arising from a want of due diligence on the part of Burden of the authorities of the Confederate States ; and in those cases the burden of proof shall be on the authorities of the Confederate States slaves hired, to discharge the latter from liability to the former. Slaves hired by regai e individuals having other slaves, shall be regarded as in the posses- sion of their owners, and classed accordingly in regard to confederate service. Notice to conn- 2. Be it further enacted, that so soon as the governor shall call v, given ou j. a f orce f s ] aYeg from any or all of the counties, cities and towns of the commonwealth, under this act, he shall give notice thereof to the several counties, cities and towns on which the call may be made, Requisitions, by causing to be filed with the clerks of the several county and cor- poration courts, copies of the requisitions made on their respective Summons counties, cities and towns. It shall be the duty of the said clerks forth- with to issue a summons to all the acting justices of their respective counties or corporations, requiring them to meet at the courthouse of the county or corporation on a day .to be named in the summons, not later than three days from the filing of the requisition, to carry the How directed same into eifect ; which summons shall be directed to and executed by the sheriff of the county or sergeant of the corporation, as the case may be. Duty of county 3. It shall be the duty of the several county and corporation courts, after being duly summoned as aforesaid, and not less than five justices courts PUBLIC DEFENCE. 7 being present, to call to their assistance the commissioners of the Commissioners ... . . -, .. ic of revenue revenue of their respective counties and corporations, and alter as- certaining the entire slave population thereof, to apportion, without Requisitions, delay, the requisitions aforesaid, ratably among all the slaveholders tioned PP ° of the county or corporation, throwing into classes, when necessary, Classes, whou the holders of. but one or few slaves, and ascertaining, by lot, or by agreement between the parties, the slave or slaves to be sent to the fortifications from such classes : provided, that in no case of a soldier Proviso as to in the confederate army, owning or hiring but one male slave, shall the said male slave be subject to requisition under this act. 4. So soon as the apportionment aforesaid shall be made, it shall be slaves, when to the duty of the courts of the several counties and corporations to re- sheriff V quire each slaveholder to deliver, on a day and at a place to be ap- pointed by the court, not more than three days from the date of the order, his quota of slaves to the sheriff or sergeant, as the case may be, 60 be delivered by such sheriff or sergeant to an agent or officer of the sheriff to de- Confederate States. All slaves delivered by the holders on the day 7agent° ° er and at the place designated as aforesaid, to be returned at the expi- slaves, when to ration of sixty days. Slaves not delivered in accordance with the whenTiaves order of the court, shall be seized by the sheriff or sergeant, as the may *** seize<1 case may be, and delivered to the agent or officer of the Confederate States authorized to receive them, who shall thereupon execute a separate receipt to each owner for the slave or slaves, naming them, so delivered by him, and may be held on the terms and conditions aforesaid, for a period not exceeding ninety days. 5. The ®lerk and sheriff or sergeant shall attend the sessions of the Duration of court as in other cases ; and the court shall continue in session from courtg day to day until the business shall be completed. 6. Should any county or corporation court foil or refuse to dis- when court charge the duties hereby imposed upon them, it shall be the duty of dtat^ta^oMd 8 * the clerk of such court immediately to notify the governor thereof; and thereupon it shall be the duty of the governor, by officers and powers of agents of his own selection, with the aid of the commissioners of the governor revenue of the respective counties, cities and towns, who are hereby directed to render such aid when required, to impress into the service when slaves of the Confederate States, from any such county, city or town, the ™^ g ^ im " proportion of slaves demanded by him from such county or corpora- tion, not exceeding five per centum of the entire slave population thereof, apportioning the same among the slaveholders, as herein above set forth, as near as may be, and holding the same not longer How long they than ninety days for the uses and upon the terms and conditions set may be retained forth in the first section of this act. 7. In making the requisitions authorized by this act, the governor Burden to be . is requested to equalize the burden, as nearly as may be, among the e( i ualizeti PUBLIC DEFENCE. — MILITARY AFFAIRS. Regard to be had to number of slaves pre- viously fur- Dished several counties, cities and towns of the commonwealth, and amongst the citizens thereof, having, when practicable, due regard to the number of slaves heretofore furnished by any counties or corpora- tions, or the citizens thereof, under any call heretofore made by the president or secretary of war, or any officer of the confederate army. when certain ' 8. So soon as a requisition may be made upon any county, city or slaves furnished, town, it shall be lawful for any number of persons who may be re- owner ee ° f quired to furnish not less than thirty nor more than forty slaves, to place such slaves in charge of an agent or overseer selected by such owners, who shall deliver them to the cmfederate authorities, at the place where the labor is to be performed, at the expense of the Con- federate States ; and such agent or overseer, if a fit and proper per- son, shall be employed by the confederate government as the agent or overseer in charge of the slaves during their service of sixty days. Overseer, how appointed .Subsistence, how commuted 9. The owner of any slaves may furnish subsistence and provisions to his slaves, and in such event shall be allowed commutation in money in lieu of rations, at the rate of sixty cents a day. 10. All slaves sent voluntarily by their owners and accepted by the agents of the confederate government, shall stand on the same footing as if sent in pursuance of the proceedings required by this act. Acceptance by 11. Any request for slaves made by the president on the governor states 61 ' under this act, shall be regarded an assent to and acceptance of all its provisions by the Confederate States. Commencement 12. This act shall be in force from its passage. When militia officers may be removed by .governor Reasons to be assigned by governor Chap. 3. — An ACT for the dismissal of Militia Officers for treason or disloyalty. Passed October 6, 1868. 1. Be it enacted by the general assembly, that whenever any offi- cer of the militia shall be guilty, in the opinion of the governor, of treason or disloyalty, it shall be lawful for the governor to remove such officer ; and the vacancy thereby occasioned shall be filled in the mode now prescribed by law. The senate shall at all times have power to reverse the action of the governor ; and thereupon the commissions issued in consequence of such dismissal, shall be void : provided, that no officer shall be dismissed, except in case? where he cannot be arrested and served with the charges and specifi- cations against him, as is at present provided by law. 2. It shall be the duty of the governor, in all cases of removal, to assign his reasons therefor, in writing, and communicate the same to the next general assembly. Commencement 3. This act shall be in force from its passage. MILITARY AFFAIRS. Chap. 4. — An ACT amending and re-enacting an act amending and re- enacting the 2d section of chapter 22 of the Code of Virginia, respecting persons exempt from all military duties, and providing the mode of ex- emption, passed February 18th, 1862. • Passed October 1, 1862. 1. Be it enacted by the general assembly, that the act amending Act 1862 and re-enacting the second section of chapter twenty-two of the Code of Virginia, respecting persons exempt from all military duties, and providing the mode of exemption, passed February eighteenth, eighteen hundred and sixty-two, be amended and re-enacted so as to read as follows : "§ 2. The following persons only shall be exempt from the per- who exempted formance of all military duties, to wit : the vice-president of the Confederate States ; the 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 cir- cuit courts, attorneys for the commonwealth, and the justices of the peace ; the clerk of each of said courts, and of each county and cor- poration court ; judge of hustings court; the sheriff of each county, and the sergeant and collector of taxes of each corporation having a hustings court, and the commissioners of the revenue ; the attorney general, the treasurer, two auditors, register of the land office, su- perintendent of the 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, and the regular nurses and attendants therein, and the teachers em- ployed in the institution for the deaf and dumb and blind ; one phy- sician to each two thousand population, to be selected by the board herein after constituted ; the president, the general superintendent and two local superintendents of the southern telegraph companies, in no case to exceed four persons ; the president and superintendent of transportation of each rail road company; the president, secre- tary and chief collector of each canal company. No one shall be exempt from draft by reason of his being an agent of a commissary or assistant commissary, or quartermaster or assistant quartermaster, whether said commissary or assistant commissary, or quartermaster or assistant quartermaster be in the service of the Confederate States or of this state, or by reason of his holding any office or commission in the militia : and whenever any militia officer is drafted for actual service, his commission shall be vacated." 2. If the constituted authorities of any city shall, within twenty officers of city, days after any draft has been made therefrom, apply to the governor how exempted 10 MILITARY AFFAIRS. for the purpose, he shall exempt from actual military service any drafted person who may be, at the time of the draft, an officer of such city, or in its service, in connection with its gas or water work* or fire and police departments; and*lf 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 compan3 r , are necessary to the efficient operation of the said road, the governor may, in his discretion, exempt such person from actual military service. Any person exempted under this section shall be deemed to be detailed for duty in the post or place he filled at the time he was drafted, without pay as a soldier ; and in case he shall leave the service of such city or company, he shall at once be remanded to the military service for which he was drafted ; and if any such person shall fail, for ten days after leaving such service, to report himself to the governor or to some military officer for duty as a soldier, he shall be proceeded against as a deserter. The governor shall promptly cause the places of all persons exempted under this section to be filled by further draft from the respective counties, Duty of mayor, cities and towns from which such persons were drafted. It shall be the duty of the president or mayor of the city, or company, as the case may be, promptly to report to the governor the name of any person so exempted, who may have left the service for which he was detailed. Powers of governor When exempt remanded to service How places of exempts to be filled Boards of ex- emption, how constituted 3. Immediately after the passage of this act, the governor shall issue his proclamation, requiring the organization of a board of ex- emptions in each 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 chief clerk of the hust- ings or county court shall summon any three justices, who shall constitute such board. Such clerk shall act as clerk of the board. In case there be no such clerk present and capable of acting, the clerk of the circuit court shall act ; or if no such board should be organized, the governor may designate any three justices of the county or corporation, who shall constitute the board, and appoint their own clerk. Powers of boards of ex- emption 4. The board shall have cognizance of all questions of exemption, and shall adjudge the sufficiency of the excuse given by any person, who, by reason of his failure to report his name for enrollment, as required by the act entitled an act for ascertaining aiid 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 contempt* and compelling the attendance of witnesses, the board shall have the powers of a county court. MILITARY AFFAIRS. REDRESS OF LOYAL CITIZENS. 11 5. In no case shall the board grant a discharge upon a claim of Discharges for exemption for bodily infirmity, unless at least two physicians of re- armtty.how spectable standing, being duly sworn, shall prove before said board gran e that the bodily infirmity is of a permanent character, and is such as will disqualify the claimant for discharging the duties of a soldier. 6. Every claim for exemption or excuse shall be filed with the Exemptions, clerk of the board, who shall issue process for such witnesses as the claimant or enrolling officer may require ; and within five days after a draft is made, and on a day to be designated by the board, the. trial of cases of exemption and excuse shall commence ; and the same shall be disposed of in a summary manner as speedily as may be. The clerk of the board shall promptly report to the adjutant general the name of each person exempted or excused by the board. 7. For every failure to discharge anv duty prescribed in this act, Penalties on i i i -i -ii i'i ii/>-iii board for failura the members or the board and the clerk may each be fined not less than ten nor more than one hundred dollars. 8. All acts and ordinances and parts of acts and ordinances incon- Repealing' claase sistent with this act, are hereby repealed. 9. This act shall be in force from its passage. Commencement Chap. 5. — An ACT to redress Loyal Citizens injured by the exercise of usurped power. Passed October 2, 1862. Whereas disloyal persons have conspired to overthrow the legiti- Preamble mate authority of this commonwealth, and for that purpose have established within the limits thereof an usurped government, whose power is exercised to the injury and oppression of the loyal people of this state within its influence : and whereas the general assembly is desirous of providing redress to such injured persons against such conspirators : Therefore, 1. Be it enacted by the general assembly, that every person who, Penalties im- since the seventeenth day of April, Anno Domini eighteen hundred sons gum^o? 61 " and sixty-one, has been or shall be guilty of establishing or of at- usurp^g^-em- tempting to establish, -without the authority of the legislature, a ny ment ' &c - government within the limits of this state, separate and apart from the existing government, or who has held or exercised, or who may Holding office hereafter hold or exercise, in suoh usurped government, any office, veVnment civil or military, legislative, executive or judicia^>r any authority, howsoever conferred, dependent on a recognition or establishment of such usurped government, or who has been or may hereafter be a 12 REDRESS OP LOYAL CITIZENS. REDRESS OF CITIZENS. Incapable of conveying real estate surety in bond or otherwise, under any requirement or practice of such usurped government, for any oue who has held or may hereafter hold any such office or authority, shall be incapable, by deed or other- wise, of selling, conveying, devising or encumbering any real estate situate in this state. Every deed or other instrument intended to operate on such estate, and every acknowledgment, proof or certifi- cate of the execution thereof, and the record thereof, wheresoever made, shall be null and void. Estates of per- 2. The estates of all persons mentioned in the preceding section. jecte'a toredresa which they are thereby incapacitated from conveying, shall be and of loyal citizens are hereby d ec i a red to be subjected and devoted to the redress and indemnification of all persons, loyal to this commonwealth, who have been or may be injured by the exercise of any office or autho- rity, civil or military, legislative, executive or judicial, howsoever con- ferred under the said usurped government : provided, however, that all just liens on such estates, existing on the said seventeenth day of April eighteen hundred and sixty-one, shall not be impaired. Proviso as to liens, &c Commencement 3. This act shall be in force from its passage. Chap. 6. — An ACT to protect and- indemnify Citizens of Virginia. Passed October 3, 1R62. Preamble Whereas an act or acts have recently been passed by the congress of the United States, authorizing the confiscation of the property and the emancipation of the slaves of loyal and true citizens of the state of Virginia and of the Confederate States ; and it being the duty of the legislature of Virginia to protect her citizens, and as far as practicable, indemnify them from the evil consequences of the iniquitous legislation of the United States : Judge or other officer of United States Clerk, &c. Purchasers of property How liable to loyal citizen 1. Be it therefore enacted by the general assembly, that any judge or commissioner, acting under the authority of the United States government, or any of its laws, who shall, by any judgment, decision or decree, subject to confiscation or sale the property of any citizen of this commonwealth, or any clerk who shall issue process for the sale of any such property, or any marshal, sheriff or commis- sioner who shall sell the same, they the said judge, commissioner, clerk, marshal and sheriff, or either of them, and their securities, or any or either of them, and the purchaser or purchasers of any such property, and their personal representatives, shall be jointly and severally liable to any citizen of Virginia, or to his personal repre- sentative, whose^'operty has been so confiscated or sold, for double the value of such property, with interest thereon, at the rate of six per centum per annum, from the time of the seizure or sale of such REDRESS OF CITIZENS. 13 property ; and judgment therefor may be obtained in any court of Judgment, how record in this, commonwealth, against such judge, commissioner, . clerk, marshal and sheriff, or either of them, or against their securi- ties, or any or either of them, or against the purchaser or purchasers of such property, or their personal representatives, upon motion in such court, upon ten days' previous personal notice, or upon thirty Noyce, how days' notice published in any newspaper in the city of Richmond, or gu in any paper published in this state. 2. The remedy hereby given shall not prejudice the right of such Rights of citizen citizen from taking possession or otherwise recovering possession of judiced pre such property, or any part thereof; or if such possession should be obtained, the right of such citizen to the benefit of such liability im- posed by this act, shall not be prejudiced thereby ; and the right to Judgment to be enforced. obtain, or when obtained, to enfor.ee such judgment, shall not be im- paired by reason of the recovery of the possession of the property so sold or confiscated. 3. Be it further enacted, that any officer or agent of the United As to leases States government, who shall let or lease, or cause to be let or leased the' property of any citizen of Virginia, the said officer or agent, and his securities, and the person or persons to whom the property was so let or leased, and his or their personal representatives, shall be How liable liable to any such citizen of Virginia, or to his personal representa- tive, for double the value of the property for the time which it was so let or leased, and for all waste or damage to which the property Waste or da- may have been subjected during that time; to be recovered in the Sow recovered manner mentioned in the first section of this act : and the court in jury, how im- which any case arising under this act may be pending, is authorized panue e to have summoned and impanneled a jury to ascertain any question of fact material to the correct adjudication of the case. 4. Be it further enacted, that any judge, commissioner, or other penalty for officer or agent of the government of the United States, who shall, emanc 'P atl0n by any judgment, decree or decision, emancipate or cause to be emancipated the slaves of any citizen of Virginia, the judge, com- judge, &c. how missioner, or other officer or agent of the United States government, or either of them, and their securities, or either of them, shall be liable to any citizen of Virginia, or his personal representative, whose slaves have been so emancipated, for double the value of the Amount of slave or slaves ; to be recovered in the manner mentioned in the ia 1 lty first section of this act. 5. Be it further enacted, that any person in this commonwealth, Persons holding- or the security of any such person, who shall hereafter hold or accept ° ce ' c ' any office, trust or appointment, civil or military, legislative, execu- tive or judicial, under or by authority of the government of the United States, or under or by the pretended authority of the usurped 14 REDRESS OF CITIZENS. government, pretended to have been established since the seventeenth day of April eighteen hundred and sixty-one, within the limits of this state, separate from the existing and true government, and without the authority of the legislature ; and all persons in this common- wealth who shall voluntarily aid in supporting or continuing such % usurped government, or who shall aid or in any way give aid and comfort to the enemy, or who shall in any way aid, encourage or assist in carrying into effect any of the confiscation or emancipation laws of the government of the United States within this state, or who shall in any way aid, encourage or assist in carrying into effect any proclamations of the president of the United States providing now liable for such confiscation or emancipation, shall, in addition to all penal- ties now imposed by any law of this commonwealth, be liable for double the value of any property that may be seized or sold under such confiscation and emancipation laws or proclamations, to any good and loyal citizen of this commonwealth, who may be injured thereby, or to his or her personal representative, with interest thereon, at the rate of six per centum per annum, from' the time of such seizure or carrying away of any slave ; and may be proceeded against, severally against each, or jointly against any number so liable, in How as to Buita said courts, in the manner herein before mentioned. Any person instituting a suit, or prosecuting a suit already commenced, or suing out execution on any judgment or decree heretofore rendered in any court or before a justice of the peace assuming to act and proceed under authority of such usurped government, or in violation of an ordinance passed by the convention of Virginia on the thirtieth day of April eighteen hundred and sixty-one, to suspend proceedings in certain cases, or in violation of an act of the general assembly passed on the twenty-ninth day of March eighteen hundred and sixty-two, entitled an act to suspend sales and legal proceedings in certain cases, and to repeal an ordinance to provide against the sacrifice of property, and to suspend proceedings in certain cases, or shall seize or sell any property, real or personal, under pretence of any autho- Liability rity whatever, in violation of said ordinance or last named act, shall pay to the party against whom such suit shall be commenced or pro- secuted, or execution issued, or whose property shall be seized or sold as aforesaid, double the value of the thing claimed by such suit, judgment, decree, execution or other process by which property may Satisfaction of be seized or sold. There shall not be more than one satisfaction of any judgment for the same thing. judgment Record evidence 6. No record proof shall be required of the election or appoint- reqmre men t f ari y f the officers mentioned in this act; but acting in such offices shall be deemed sufficient. when property 7. Be it further enacted, that any officer or agent, civil or military, cated ° in the service of the United States government, who shall subject or expose to sale or confiscation the property of any citizen of Virginia, REDEESS OF CITIZENS. LICENSE. 15 they the said officer or agent, and the purchaser or purchasers of By whom said property, and their personal representatives, shall be jointly and severally liable to any citizen of Virginia, or to his personal repre- sentative, whose property has been so sold or confiscated, for double Liability the value of such property, with interest thereon, at the rate of six per centum per annum, from the time of the seizure or sale of such property ; and judgment may be obtained therefor in the manner Judgment, how mentioned in the first section of this act ; and the citizen whose pro- perty has been so sold or confiscated, or his personal representative, in addition to the remedy herein given, shall be entitled to take pos- Possession session or otherwise recover possession of the property so sold or confiscated. 8. A lien is hereby created and declared to exist on the real and Lien created personal estate of the persons against whom such liability may exist, from the passage of this act. 9. This act shall be in force from its passage. Commencement Chap. 7.— An ACT amending an act prescribing the Oath to be taken by any person who applies for a License. Passed October 6, 1862. 1. Be it enacted by the general assembly, that the first section of Act of 1854 an act entitled an act to prevent the circulation of small notes, passed March third, eighteen hundred and fifty-four, as amended by chapter seventy -two, passed March thirty-first, eighteen hundred and sixty-two, be amended and re-enacted, so that as amended it shall read as follows : " § 1. That it shall be the duty of commissioners of the revenue Duty of com and courts, to whom application may be made for a license, to re- revenue and quire from each and every person who may apply for a license, an courts oath that he will not pay out within the limits of this commonwealth, notes of any denomination, issued by banks, corporations or indi- viduals, without authority of law ; and it shall be the duty of every License, when commissioner of the revenue and court, to whom such application W1 shall be made, to withhold the license until the oath aforesaid shall be taken. But this section shall not apply to any person who has To whom sec- commenced or who has continued business without making applica- appiy° eS tion for and obtaining a license, and who is or may be subject to a tax in the former case to four times, and in the latter to twice the amount of tax otherwise imposed : in which case, the assessment may be made and license granted without the oath required." 2. This act shall be in force from its passage. Commencement 16 SHERIFFS. — TRIAL. Chap. 8. — An ACT extending the time for the qualification of the Sheriffs of Orange and.Culpeper Counties. Passed September 19, 1862. Preamble Whereas, by reason of the occupation of the counties of Orange and Culpeper by the public enemy, the sheriffs elected for said coun- ties, at the late elections, have been unable to qualify : Therefore, Sheriffs of 1. Be it enacted by the general assembly, that the sheriffs elected pe r per Se when to for the counties of Orange and Culpeper, at the late spring elections, qualify ^ a }} owe( 3 uu tQ ^g g rs ^ Sheriffs elect allowed time to qualify, 1(> .OVERSEERS. Of slaves furnished under requisition, see Slaves. POLICE OFFICERS. How exempted from military service, 10 When remanded to service, 10 PRESIDENT OF CONFEDERATE STATES. Slaves to be called out at his request, President's request accepts provisions of act, 8 PRICE OF SALT. What publication of, required, 4 Fine for selling at higher price, 4 PRISONERS. Jailors' fees for keeping, increased, 21 For what time increased, 21 PUBLIC DEFENCE. Act further to provide for, 6 Authorizes governor to call out slaves, 6 For particulars of this act, see Slaves. PUBLIC GUARD. Account of Sampson Jones for rations, to be settled, '24 Loss under contract to be paid,' 24 QUALIFICATION OF OFFICERS. Sheriffs of Culpeper and Orange allowed time to qualify, 16 Similar provision as to officers of other invaded counties, &c. 16 RAIL ROADS AND CANALS. May be controlled for transportation of salt, &c. 4 Officers, &c. how exempted from mili- tary service, 10 When their service again due, 10 Presidents to report such to governor, 10 Rail road connection between northwest and seaboard guaranteed, 27 Rail roads terminating in Richmond and Petersburg to furnish wood cars, 28 If companies opposed, burden to be ap- portioned, 28 INDEX. 35 REDRESS OF LOYAL CITIZENS. Act for relief of those injured by usurped power, 11 What estates devoted to their relief, 12 Act to protect and indemnify citizens of Virginia, 1 2 Who liable for confiscating property, 12 Purchasers liable, 12 Judgment, how obtained, 13 Eight to recover otherwise, 13 Recovery otherwise not to impair re- medy given by act, 13 Who liable for leasing property of citizens, 1 3 How liability enforced, 13 Jury may be summoned, 13 Similar liabilities and proceedings for emancipating slaves, 13 Liabilities of other persons assisting in such confiscation, &c. 14 Liabilities for prosecuting suits before judges, &c. of usurped government or of U. States, 14 Who liable for exposing property of citizens to sale or confiscation, 14 Purchasers also liable, 15 Judgment, how obtained, 15 As additional remedy, property may bo retaken, 15 Lien on estates of persons liable for such offences, 15 RESOLUTIONS. Resolution guaranteeing rail road be- tween Northwestern Virginia and the seaboard, 27 Increased facilities for travel, &c. re- quired, 27 Assurance, given of a rail road con- nection, 27 When surveys should be made, 27 Resolution as to dividend by Richmond branch of Exchange Bank, 28 Amount of dividend, 28 Resolution to require wood cars for sup- plying Richmond and Petersburg, 28 Duty of board of public works, 28 If rail road companies opposed, burden to be apportioned, 28 Resolution as to marriage licenses in certain cases, 28 When office of clerk vacant, 28 Or when clerk absent by reason of in- vasion, 29 Duty of justices on clerk's return, 29 Resolution as to vacancy in office of assessor under salt act, 29 C4ovemor to fill vacancy, 29 Resolution as to adjournment of ge- neral assembly, 29 SALT. Act for production, distribution and sale of; general powers of governor, 3 May pledge faith of commonwealth, 3 His power over property and franchises, 3 Salt /works not to be purchased, 3 What property may be seized, 3 What contracts to be respected, 3-4 When contracts with other states to be '„__ disregarded, 4 When other states to be furnished, 4 Right to manufacture and sell, after uses of state are supplied, 4 Powers over rail roads and canals for transportation, 4 Places of distribution to be designated, 4 Rules and regulations for sale, 4 Publication of prices, 4 After publication, sale at higher price a misdemeanor, 4 Violation of rules a misdemeanor, 4 Upon conviction, what fine, 4 Agents for sales, 4 Agents to give bond, 4 Penalty and condition of bond, 5 Amount appropriated to carry out the act, 5 Payments out of treasury, how to be made, 5 Board of assessors, how composed and appointed, 5 What assessments board to make, 5 How assessment to be certified and paid, 5 Certificate to be filed with secretary of state, 5 Secretary to forward copy to person entitled, 5 When assessment final, 5 When appeal allowed, and to what court, 5 Proceedings on the appeal, 5 Injunction not to be granted against governor, 5 How board of assessors to be convened and paid, 5 Vacancy in office of assessor, how filled, 29 SEIZURE OF PROPERTY. Authorized, if necessary, for procuring supply of salt, 3 SENATE. May restore militia officers removed for treason or disloyalty, 8 SHERIFFS AND SERGEANTS. To execute summons for justices under requisition for slaves, 6 When slaves to be delivered to them, 7 To seize slaves not delivered, 7 To attend sessions of courts under re- quisition, 7 Sheriffs of Orange and Culpeper allowed time to qualify, 16 Similar provision as to officers of other invaded counties, &c. 16 SLAVES. May be called out for work on fortifi- cations, &c. (3 Call to be made upon request of pre- sident, 6 Time for which they may be called out, (5 Number limited, 6 Requisition to be apportioned ratably, 6 Compensation for services of slaves, 6 Value of slaves, when to be paid, 6 When compensation for injury to slaves, 6 Hired slaves to be regarded as in pos- session of their owners, 6 Notice of call, how given to counties, &c. 6 36 INDEX. Upon such notice, clerks to summon justices, Summons, how directed, Duty of county and corporation courts thereupon, Commissioners of revenue, to assist, How requisitions apportioned, When slaves to be taken ascertained by lot, What slaves of soldiers in army exempt, When slaves to be delivered to sheriff, Sheriff to deliver to confederate officer or agent, When slaves so delivered must be re- turned, Slaves not delivered to be seized by sheriff, Duty of confederate officer in such cases, Term of service of slaves so seized, If court fails to act, clerk to notify governor, Governor then to impress slaves, Mode of impressment, Term of service for impressed slaves, Burden to be equalized among coun- ties and towns, Slaves before furnished to be consi- dered, When owners may select overseers, Where overseer to deliver slaves, If a fit person, overseer to have charge during service, How as to subsistence of slaves by owner, Slaves sent voluntarily, how regarded, President's request for slaves an accep- tance of the act, Slaves emancipated by U. S. authority, Who liable, and what proceedings, SMYTH AND WASHINGTON SALT WORKS. Not to be purchased by governor, SOLDIEES IN ARMY. When their slaves exempt from requisi- tion, SPIRITUOUS AND MALT LIQUORS. Act of 1881-2 amended, Distillation prohibited, Exceptions, Violation of this act a misdemeanor, Penalty, Act concerning license to distill from fruit, &c. amended, Tax on such license, What quantity may be distilled without license, See Alcohol. STATES. Contracts with other states for salt to be respected, In what case contracts may be dis- regarded, When other states to be furnished with salt, SUBSISTENCE. For slaves in confederate service, owners may furnish, TAXES. On alcohol, 18 On spirits distilled from fruit, &c. 2i> THOMPSON, JUDGE GEORGE W. Ordinance suspending his salary, re- pealed, 23 TOWNS. See Counties and towns. TREASON OR DISLOYALTY. Militia officers may be removed by go- vernor for treason or disloyalty, But senate may reverse governor's action, No removals when arrests can be made and charges preferred, Governor to give reasons for removal to general assembly, See Redress of loyal citizens. See United States government. See Usurped government. TRIALS. Of felonies charged in invaded counties, &c. how provided for, 17 UNITED STATES GOVERNMENT. Persons holding office under or aiding, subjected to further liabilities, ■ 13-14 Also those acting under U. S. confisca- tion and emancipation laws, 14-15 Record evidence of official position not required, 14 USURPED GOVERNMENT. Established within this commonwealth, 11 Persons establishing, or holding office under, incapable of conveying real estate, 1 1-12 Their estates devoted to redress of loyal citizens, 12 What liens on such estates not im- paired, 12 Other liabilities of officers, &c. of usurped government, 14 VIRGINIA STATE LINE. Medical director of, may contract for spirituous liquors, 19 WASHINGTON AND SMYTH SALT WORKS. Not to be purchased by governor, 3 WATER WORKS. Officers of, how exempted from military service ; when remanded to service, 10 WHISKEY. See Spirituous and malt liquors. WOOD. Cars to supply Richmond and Peters- burg to be furnished by rail road companies, 28 If companies opposed, burden to be apportioned, 28 ACTS OF THE GENERAL ASSEMBLY 'OF THE STATE OF VIEGINIA, PASSED AT ADJOURNED SESSION, 1863, IN THE EIGHTY-SEVENTH YEAR OF THE COMMONWEALTH. RICHMOND: » WILLIAM F. RITCHIE, PUBLIC PRINTER, 1863. PUBLIC OR GENERAL ACTS. Chap. 1. — An ACT imposing Tax«s for the Support of Government. Passed March 28, 1863. Be it enacted by the general assembly, that the taxes on the per- sons and subjects in this chapter mentioned, or required by law to be listed or assessed, shall, for the year commencing on the first day of February eighteen hundred and sixty-three, and thereafter, be yearly as follows : Taxes on lands and lots. 1. On tracts of lands and lots belonging to any person, firm, com-. Tax on lands pany or corporation, with the improvements thereon, not exempt from taxation, one per centum on the assessed value thereof. Personal property. 2. On all the personal property (except property owned and not On personal hired or impressed by the confederate government), moneys and sol- ne ys and credit* vent credits, as defined in this section, including all capital, personal property and moneys of incorporated joint stock companies (other than rail road, canal or turnpike companies), and all capital invested, used or employed in any manufacturing, trade or other business, one per centum on the assessed value thereof. But property otherwise taxed, what exempted and property from which any income is derived, or on the capital in- vested in any trade or business, in respect to which a license so taxed is issued, certificates of stock, moneys and personal property that consti- tute part of the capital of any bank, savings institutions and insurance companies shall not be listed under the provisions of this section. The word "moneys" shall be construed to include not only gold, Moneys, what, silver and copper coin, but bullion and bank notes, and confederate and state treasury notes, and county and corporation notes. The Credits, hovr word "credits" shall be construed to mean all bank, state or cor- C0DB ru poration stocks, claims or demands owing or coming to any per- son, whether due or not, and whether payable in money or other , thing, after deducting therefrom all bona fide debts due by such per- son as principal debtor. Money and credits in any state of the Con- Moneys and federate States, or in any other country, owned by any resident of "afe'sfby wham this state, shall be listed by such resident, and taxed to him at the li8ted rate prescribed by this act. In ascertaining the value of such money how vaine «#• or credits, the commissioner shall examine the person on oath, if to certam be found ; if not found, shall assess the same upon the best informa- 4 FINANCIAL.— TAXES. tion he can obtain, and shall add to, or deduct the exchange on the value of such money or credit between this state and such state or country where such moneys or credits may be, to be computed as of the first of February next preceding. Free negroes. Free negroes 3. On every male free negro who has attained the age of twenty- one years, two dollars ; but no tax shall hereafter be assessed or col- lected on such free negro under the act of the sixth of April eighteen hundred and fifty-three, establishing a colonization board. • White males. White males 4. On every white male inhabitant who has attained the age of twenty-one years, not exempt from taxation by order of the court, in consequence of bodily infirmity, two dollars. Public bonds. interest on pub- «>• On the interest or profit which may have accrued, and is sol- vent, or which may have been received by any person, or converted , into principal so as to become an interest bearing subject, or other- wise appropriated, within the year next preceding the first day of February of each year, arising from bonds, interest bearing treasury notes, or other certificates of debt of the Confederate States, dr of this or any other state or country, or any corporation created by this or any other state, whether the stock of such company be exempt from taxation or not, seventeen per centum. But such interest or profits derived from bank stock or shares of savings institutions and insurance companies which pay taxes thereon into the treasury, shall aot.be included herein, unless invested or. otherwise appropriated; and if so invested or otherwise appropriated, the tax thereon shall be at the rate of one per centum on the assessed value thereof. If no interest shall have been received within 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, and as prescribed by law. Bank dividends. Onbankdivi- 6. On the dividends declared by any bank incorporated by this state, the tax shall be seventeen per centum upon the amount there- of; to be paid into the treasury by the bank. If the dividend be that of a bank incorporated elsewhere, the tax shall be seventeen per centumupon the amount thereof; to be assessed and collected aa other taxes. Dividends of steam boat and such like companies. On dividends of 7. On the dividends declared within the year next preceding the 8im1iar b co a m- aPd & rst ^ a y °f February, if the same be equal to or over six per centum panies on [ tg ca pjtal, by steam boat and companies of similar character, not specially named for taxation, whether incorporated by this or any I FINANCIAL. TAXES. 5 other state, or whether operating with or without a charter, seventeen per centum. If there he no dividend, or such dividend be not equal to six per centum of such capital, then such company shall pay a tax on its capital at the rate of one per centum on such capital. For this purpose, capital shall he held to consist of stock subscribed, money deposited, and bonds, certificates and other evidences of debt held or owned by such companies. Savings banks and insurance co?npanies. 8. Savings banks and insurance companies, whether incorporated On savings by this state.'or operating without a charter granted therein, shall, ranC e companies in June and December of each year, either declare a dividend of profits arising out of the operations of such savings banks and insu- rance companies, for the six months ending on the first day of June and December next preceding, or determine their inability to do so. If a dividend be declared of as much as three per centum of its capital, as herein defined, the said institution and company shall cause a tax, at the rate of seventeen per centum per annum, to be paid into the treasury, and the same shall be retained from the dividend on which it is payable. If there be no dividend, or if such dividend be not as much as three per centum of such capital, as herein defined, then such institution and such company shall pay into the treasury a tax on its capital at the rate of fifty cents on every hundred dollars of such capital. For this purpose, the capital stock shall be held to consist of stock subscribed, money deposited, and bonds, certificates and other evidences of debt held or owned by such institution and company. Between the first and fifteenth of June and December of each year, such institution and company shall certify, on the oath of its chief accounting officer, the amount of the dividend declared, if any, and of its capital, where no dividend has been declared, and shall pay the tax herein imposed into the treasury. If any such in- stitution or company f,ail to make such report and pay such tax, it shall Tie liable for the same, and forfeit not less than five hundred dollars nor more than two thousand dollars. Dividends of companies not incorporated by this state. 9. On dividends of rail road or other like companies not incorpo- On companies rated by this state, the tax shall be seventeen per centum upon the by thestat™ T amount thereof; to be listed and charged to the recipient of such dividends, or those entitled to receive the same. If such dividend be not equal to six per centum of such capital, the stock so held shall be listed and taxed as other property, and no tax shall be imposed on the dividends of such companies. Income. 10. On the income, salary, compensation or fees received during on income or the year ending the first day of February of each year, in considera- ee8 tion of the discharge of any office or employment in the service of WW 6 FINANCIAL. TAXES. i the state, or in consideration of the discharge of any office or em- ployment in 'the service of any corporation, or in the service of any Exception company, firm or person, except where the service is exclusively that of a minister of the gospel, two and one-half per centum upon so Taxes of officers much thereof as exceeds five hundred dollars. The tax on a salary, iwwpaid me ' payable under this section by an officer of government, receiving the same out of the treasury, shall be deducted at the rate chargeable on the annual salary, on the amount drawn from the treasury at the time the salary is audited and paid; and fees or other income of such officer shall be listed and assessed by the commissioners as in other cases, and at the rates prescribed thereon. Profits. On profits 11. The commissioner of the revenue shall ascertain .from,, and assess for taxation against, every person in his district, the net in- come of such person, received or realized, though not received, during the year next preceding the first day of February of each year, derived in any of the modes following, set : First — All profits from any licensed trade, business or occupation. Second — All profits from the use of money by another, for the benefit of the owner thereof. Third — All profits from buying and selling, or from the exchange of real or personal property, or from buying and selling, or from the ex- change of bonds, public and private, stocks and other choses in What exempted action, and all profits from any other trading or speculating: pro- vided, however, that this section shall not be construed to embrace the agricultural products, when sold by the producer, or the personal property used in raising said products, nor cattle or other live stock, when sold by the person assessed with the tax on said cattle or other live stock; nor cattle or other live stock sold by the person who hae grazed or fed the same for a period not less than three months prior to such sale; nor a sale of real or personal property, purchased by the vendor for his own individual use* and not for resale by him ; nor ■ any income, salary, compensation or fees received from the discharge of any office or employment mentioned and taxed under the provi- sions of the next preceding section. The auditor of public accounts shall make such rules and regulations for the guidance of the com- missioner under this section, as he shall deem proper; and shall, for that purpose, dire.ct the examination on oath of any party concerned. and of any other person whose evidence may aid the commissioner in the performance of his duty. Erroneous as- . 12. Eedress for any alleged erroneous assessment, and all pro- reSressea ceedings thereon, shall be regulated "by the laws in force in other cases. Rate of tax 13. The tax under this section shall be ten per centum upon so much of the net income, assessed as herein before provided, as ex- FINANCIAL. TAXES. 7 eeeds the sum of three thousand dollars : provided, that all licenses, What deducted taxes or per centage taxes paid for the year preceding the first day come of February eighteen hundred and sixty-three, by persons who may have obtained a license, shall be abated from the gross incomes, in order to ascertain the net incomes taxed under this section ; and all other expenses incurred in carrying on the business which may have produced such income for said year, and all county, city and corpo- ration taxes for the privilege of carrying on said business for said year, shall be abated from the gross income. Toll bridges. 14. On the yearly rent or annual value of toll bridges and ferries, On toil bridges whether authorized by law or hot, other than those toll bridges and ferries exempt by their charter from taxation, seventeen per centum. Collateral inheritances. 15. On the estate of a decedent, which passes under his will or by On collateral in- , . ciTi-i heritanees descent to any other person, or tor any other us© than to or for the use of the father, mother, husband, wife, brother, sister, nephew, niece, or lineal descendant of such decedent, there shall be a tax of three per centum of such estate. Estates passing under sequestration acts. 16. On all estate, which, under the effect or hj the provisions of On estates under the sequestration act of the confederate congress, or any act amen- ac?° eS datory thereof, may legally pass, otherwise than by purchase, to any person, there shall be a tax of ten per centum on the value thereof. Internal improvement companies. 17. On every passenger transported on any rail road or canal in on internal im this state, for and on behalf of this state or of the Confederate States, ^°J e e s ment eom one and a half mill for every mile of transportation ; and on all freight so transported, three-fourths of one per centum of the gross amount received by the company controlling such rail road or canal, for the transportation of such freight, or for ^olls thereon, or for privi- leges granted thereby ; and on every passenger transported on any rail road or canal in this state, other than those above mentioned, two and a half mills for every mile o'f transportation; and on all freight so transported, other than that above mentioned, o'he and a quarter per centum . of the gross amount received by the company controlling such rail road or canal, for the transpoi'tation of such freight or tolls thereon, or for privileges granted thereby. And it shall be the duty of every such company to collect for the state the tax herein imposed ; and every rail road company or canal company, when and what whether exempted from taxation by its charter or not, shall hereafter ditor P ° r report quarterly, on the fifteenth day of March, June, September and December in each year, to the auditor of public accounts, the number of passengers transported, and the aggregate number of 8 . FINANCIAL. TAXES. miles traveled by them within this commonwealth, and the gross amount received by such company for the transportation of freight over such road or canal, or any part thereof, or water or other im- provement owned or connected therewith, during the quarter of the year next preceding the first day of the month in which such report when only is t« be made. Such company, whose road or canal is only in part state 7 '" e within the commonwealth, shall report as aforesaid such portion only of such amount received for passengers and for transportation of freight, as the part of the said road or canal which is within this Toils, how to be commonwealth bears to the whole of such road or canal. If the profits of such road or canal consist in whole or 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 Exemptions an- freight. It is the intention of this act to abrogate and annul all ex- emptions from taxation of any such company, contained in its char- ter, during the existing war, and to subject such company to the uniform rate of taxation prescribed by law, so far as the general as- sembly has power .to do so. The property of such company, over and above the property they are authorized by its charter to hold, shall be taxed as other property. Statement of rail road officers. Report made on 18. Such statement shall be verified by the oaths of. the president and the superintendent of transportation, or other proper officer. Penalty for Every company failing to make such report, shall be fined five hun- dred dollars ; and any company having a subordinate board, or any board managing any part of its works, may by its by-laws create and enforce such penalties as will secure proper reports of such compa- When taxes to nies. At the time of making such reports, such company shall pay treasury 1110 e m ^° tne treasury the taxes imposed on passengers, freight, tolls and privileges, as in this act provided. Every such company paying such taxes, shall not be assessed with any tax on its lands, buildings, cars, boats or other property (owned but not hired) which they are when liable to authorized by law to hold or have But if auj T such company fail pay taxes on . * •., ... . „ , , ,. , Sands and other to pay such taxes at either of the tunes specified therefor, then its [property lands, buildings, cars, boats and other property shall be immedi- ately assessed, under the direction of the auditor of public accounts, by any person appointed by him for the purpose, at its full value, and a tax shall at once be levied thereon as on real estate and other property, at twenty-five cents on every hundred dollars value thereof, 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. Express com- 19. Every express company shall make return to the auditor of panies to report FINANCIAL.— TAXES. 9 public accounts, on or before the fifteenth day of March, June, Sep- quarterly to an tember and December of each year, of the gross receipts of such company, on account of any transactions, profits or .charges within the state of Virginia, within the three months next preceding the first «, day of March, June, September and December of each year. If the Form of report auditor of public accounts shall have prescribed a form for such re- turn, the said report shall be in the form prescribed. If no such form shall have been prescribed, the report shall be in such form as will best disclose the operations of such company. The report of such company shall be verified by the oaths of the agents and chief officers of such company, at its principal office in this state. The re- port shall show the gross receipts and charges of such company for business done in this state, whether collected in or out of the state. Such express company shall be the collector for the state of the taxes herein imposed, and shall, on or before the fifteenth day of March, June, September and December, pay, on the total receipts so reported, a tax of two and one-half per centum. For a failure to make such Penalty for faii- i i t ure to report report or pay such tax, a penalty oi not less than one thousand nor more than five thousand dollars shall be imposed upon the company so failing. For the payment of the tax and of such penalty, the Stockholders stockholders and members of such company shall be personally liable, liable tor tax and judgment may be rendertd against them, or any of them, perso- d,n pen y nally, in the circuit court of the city of Richmond, in the mode pre- scribed by law. Such company and its officers and agents are here- Not to do bro- by prohibited from doing any business appertaining to the business of a broker or merchant, unless licensed as broker or merchant. Such principal officer shall require from the several agents employed by such company, a report of their transactions on oath ; which re- port, so sworn to, shall accompany the report of the chief officer to the auditor of public accounts. All reports made after the first day of December eighteen hundred and sixty-two, shall be made under the provisions and in pursuance of this act. Such company, its offi- Penalty for eers and agents, doing business as- broker or merchant, without a f broker or license, shall forfeit not less than two hundred nor more than two merc ^ thousand dollars. Suits. 20. When any original suit, ejectment, attachment (other than on Original smits a summons to answer a- suggestion, sued out under the provisions of the eleventh section of chapter one hundred and eighty-eight of the Code) or other action is commenced in a circuit, county or corpora- tion court, there shall be a tax of one dollar and seventy cents ; if it Appeals be an appeal, writ of error or supersedeas in a circuit court, there shall be a tax of three dollars and forty cents ; if it bp an appeal, writ of error or supersedeas in a district court, eight dollars and fifty cents ; and if in the court of appeals, eight dollars and fifty cents. Seals. 21. When the seal of a court, of a notary public or the seal of On seals 10 FINANCIAL. TAXES. the state is annexed to any paper except in those eases exempted by law, the taxes shall be as follows : For the seal of the state, five dol- lars ; for any other seal, two dollars and fifty cents ; and herein shall • be included a tax on a scroll annexed to a paper in lieu of an official What exempted seal. But this section shall not apply to seals of courts affixed to bonds of any county, executed for money raised to aid in equipping soldiers of such county, or to aid in the support of the families of such soldiers; nor shall the tax provided in this section apply to any seal of a court affixed to any papers required in order to receive the arrearages of pay or allowances due to a deceased soldier, either from this state or the Confederate States. On transfer of state stocks How tax col- lected Compensation of second au- ditor On wills and ad- ministrations On deeds Transfer of state stock. 22. For the transfer of all state stock to be registered in the office of the second auditor, for each certificate of stock, there shall be a tax of ten cents for every hundred dollars. It shall b'e the duty of the second auditor to collect said tax before the delivery of such cer- tificate of transferred stock, and render an account of receipts for each preceding quarter of 'a j r ear, and pay the same into the treasury, at the end of each quarter, to the credit of tne commonwealth, de- ducting five per centum thereupon as his compensation. Wills and administrations. . 23. On the probate of every will or grant of administration not now exempt by law, there shall be a tax of two dollars and fifty cents. Deeds. 24. 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 two dollars and fifty cents. Bank corporations. 25. On every law incorporating or chartering or recharteriug any bank, with a capital not exceeding two hundred thousand dollars, there shall be a tax of one hundred and twenty-five dollars; with a capital of over two hundred thousand dollars and not exceeding four hundred thousand dollars, there shall be a tax of two hundred and fifty dollars; with a capital of over four hundred thousand dollars and not exceeding six hundred thousand dollars, there shall be a tax of three hundred and seventy-five dollars ; with a capital of over six hundred thousand dollars and not exceeding eight hundred thousand dollars, there shall be a tax of five hundred dollars ; and with a capital of over eight hundred thousand dollars, there shall be 7 a tax of six hundred and twenty-five dollars. Manufacturing companies. Charters of ma- 26. On every law incorporating or recharteriug any oil, iron, coal Bank charters FINANCIAL. TAXES. 1 1 or manufacturing company, if the maximum capital is one hundred nufactuHug thousand dollars or less, there shall be a tax of one hundred and mp mes twenty- five dollars; and if it exceed that amount, there shall be a tax of two hundred and fifty dollars. , Gas light and other companies. 27. On every law for the incorporation of any canal, rail road, Charters of gaa ■ * . light and other insurance, gas light, express or telegraph company, if the maximum companies capital is one hundred thousand dollars or less, there shall be a tax of one hundred and twenty-five dollars ; and if it exceed that amount, • there shall be a tax of two hundred and fifty dollars : provided, that the tax imposed by this section shall not apply to the Virginia canal company. Savings institutions. 28. On every law chartering, renewing Or extending the charter Charters of "„ . ....p, . . ,_., savings instita- ot any savings institution, it the maximum capital is one hundred tions thousand dollars .or less, there shall be a tax of one hundred and twenty-five dollars ; and if it exceed that amount, there shall be a tax of two hundred and fifty dollars. Private corporations. 29. On every law chartering, renewing or extending the charter Private charter* of any private corporation, other than those herein before mentioned, and other than acts for the incorporation of a college, academy, seminary of learning, or literary or charitable institution or cemetery, if the maximum capital is one hundred thousand dollars or less, there shall be a tax of one hundred and twenty- five dollars; and if it exceed that amount, there shall be a tax of two hundred and fifty dollars. Unorganized companies, how taxed. 30. All the acts of assembly creating or continuing corporations Unorganized -i • i • ,-i • i i ■ t i p » -i • i companies mentioned in this act, which, since the third day ot April eighteen hundred and sixty-one, have not been organized, by accepting the charter granted to the corporators, and paid the taxes ther.eon, ac- cording to the provisions of the act entitled an act imposing taxes for the support of government, passed April the third,* eighteen hundred and sixty-one, shall hereafter, upon being organized, or upon when to make accepting the charter, return a statement, verified by the oath of the rep 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-three ; and those corporators omitting so to accept the charter, and to return by that time, and afterwards accepting, shall, on or before the first day of July in the year next after such acceptance, make such report,' and at the same time pay into^ the. treasury the amount of tax imposed by this act. FINANCIAL. TAXES. On licenses. Ordinaries and public enter- Wirminf License to sell ardent spirits Not to include sale of other things What houses deemed ordi- jjarit,B Ordinaries. 31. The taxes on licenses shall he as follows: On a license to keep an ordinary or house of public entertainment, one hundred dol- lars ; and if the yearly value of such house and furniture, whether rented or kept by the proprietor, exceed one hundred dollars, and is less than two hundred dollars, the tax shall he one hundred and < twenty-five dollars; and if the yearly value thereof exceed two hun- dred dollars, there shall he added to the last mentioned sum thirty- four per centum on so much thereof as exceeds two hundred dollars; and if the 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 one hundred and twenty-five dollars, in' addition to the amount otherwise imposed ; and if the business be continued, there shall also be a tax of two and a half per centum upon the amount of such sales for the preceding year, in addition to the specific tax. But the privilege to sell ardent spirits hereby authorized, shall not be oonstrued to authorize the sale of any other thing under cover of a license to keep an ordinary ; and any sales not authorized at such ordinary, shall be deemed to be sales made by the ordinary keeper without license. All houses at any time heretofore kept as hotels or licensed ordinaries, shall be deemed to be houses of public entertainment ; and if licensed, shall be licensed . as such, with or without the privilege of selling ardent spirits. Private entertainment. Private enter- tainment and boarding houses private boarding house, twenty dollars 32. On a license to keep a house of private entertainment or a If the yearly value thereof and furniture exceed one hundred dollars, there shall be added to the last mentioned sum twenty-five per centum on so much thereof as exceeds One hundred dollars. But no house shall be deemed a pri- vate boarding house"-, with less than five boarders. Cook shops and eating houses Bowling alleys Cook shops and eating houses. 33. On every license to keep a cook shop or eating house, fifty dollars; and in addition thereto, fifty per centum on so much of the yearly value thereof as exceeds one hundred dollars. • Bowling alleys. 34. On every license permitting a bowling aljey or saloon to be kept for a year, one hundred and twenty-five dollars; but if there he more than one such alley kept in any one room, forty dollars each shall be charged* for the excess over one. Billiard tables. Billiard tables 3o. On every license permitting a billiard table to be kept for a FINANCIAL. — -TAXES. 13 year, two hundred and fifty dollars ; but if there be more than one such table kept in any one room, one hundred and twenty-five dol- lars each shall be charged for the excess over one table\ Bagatelle tables. 36. On every license permitting a bagatelle or other like table to Bagatelle table* be kept for one year or any less time, fifty dollars for the first, and if more than one, thirty dollars for each additional table. . . Livery stables. 37. On every license to a keeper of a livery stable, two dollars Livery stabi«g and a half for each stall thereef ; and herein shall be included as what included stalls, such space as may be necessary for a horse to stand, and in which a horse is or may be kept at livery otherwise than for the pur- pose of feeding horses by one day only ; and no exemption from this Ordinary keep- V , n ■., n j , . c , ers not exempt license shall He allowed to any person in consequence or such person being licensed to keep an ordinary or house of private entertainment, if any horses be kept, fed or hired for compensation by the proprie- tor thereof, except that no tax shall be required on sucli stalls as are kept exclusively and used for horses belonging to travelers or guests stopping at such house. License to distill or rectify ardent spirits. 38. On every license to distill or rectify ardent spirits, if the ma- DiBtiiiingor rec- chinery be propelled by steam, power, the tax shall be two hundred spirits and fifty dollars ; if the machinery be not so propelled, the tax shall be one hundred and twenty-five dollars ; and if the distillery is for the manufacture of ardent spirits from fruit, vegetables, syrup, mo- lasses, sugar cane or sugars only, the tax shall be twenty dollars, and no deduction shall be allowed if the privilege be exercised for less than a year. In either case, there shall be a tax of fifty cents per Additional tax gallon on the quantity of ardent spirits to be manufactured, which per ga on shall be stated in the license ; and when the quantity so stated shall have been made, the license thereafter shall be void ; and any person continuing the manufacture, after the quantity named in the license shall have been made, shall be liable to all penalties of a person dis- tilling without a license. If the person desiring such license make How quantity application therefor, he shall state on oath the probable quantity tobeascortaiaed which in his opinion he will distill during the time the license is to continue, and the tax shall be assessed as well for the specific amount as upon the quantity to be produced. If the application shall not be made to the commissioner for an assessment, the commissioner shall assess the specific tax as in other cases of default, and shall ascer- tain, upon the best information he can obtain, the probable quantity which the distillery will produce during the time the license will con- tinue, and shall tnerefrom assess the actual rate per gallon provided for in this act. If the quantity to be manufactured under such li- cense shall have been made, and the person desires an enlargement FINANCIAL. TAXES. When tbiB sec- tion to com- mence Merchant's epreific tax Tax, when pro- portioned to^ of the quantity, he may apply for a new assessment and n'ew license for the additional quantity desired, which shall be granted upon the payment of the tax on the gallon, without the specific - tax to rectify or distill. This section of this act shall be in force from the passage thereof, so far as to impose the tax for the manufacture of ardent spirits from fruit, vegetables, syrups, molasses, sugar cane or sugars ; for the manufacture of ardent spirits for the confederate government, or under any contract or agreement therewith; and shall be in force, as to the manufacture of liquors generally, from and after the time the act entitled an act to prevent the unnecessary consumption of grain by distillers and other manufacturers of spirituous or malt liquors, passed March twelfth, eighteen hundred and sixty-two, shall expire : provided no license or tax .shall be required of any person for manufacturing thirty-three gallons, in one year, out of the fruit, vegetables, syrups, molasses, sugar cane or sugars of his own pro- duction, for his own use. Merchants. 39. On every license to a merchant or mercantile firm, where a specific tax is to be paid, one hundred and fifty dollars ; and where the tax'is in proportion to the sales, if the taxable sales shall be un- der one thousand dollars, the tax shall be fifty dollars ; if one thou- sand dollars and under fifteen hundred dollars, sixty dollars; if fif- teen hundred dollars and under twenty-five hundred dollars, eighty dollars ; if twenty-five hundred dollars and under five thousand dol- lars, one hundred and twenty dollars; if five thousand dollars and under ten thousand dollars, one hundred and ninety dollars ; if ten thousand dollars and under fifteen thousand dollars, two hundred and forty dollars ; if fifteen thousand dollars and under twenty thousand dollars, two hundred and eighty dollars ; if twenty thousand dollars and under thirty thousand dollars, three hundred and fifty dollars ; if thirty thousand dollars and under fifty thousand dollars, five hun- dred and twenty dollars ; and if over fifty thousand dollars, twenty- five dollars for every ten thousand dollars excess over the said sum of fifty thousand dollars. In addition to the amount herein required to be paid upon taxable sales, there shall also be paid a license tax of three-tenths of one per centum upon the amount of all articles sold by said merchant for others, whether such goods be agricultural productions, or other articles exempted in the hands of the producer Not to sell at or owner from taxation or otherwise. If any merchant is about to to c^e buriness close out and discontinue his business, he may sell the same by auo- tion ; but under no other circumstances shall he sell by auction, un- less he obtain a license as auctioneer. But nothing contained in thie section shall be construed to authorize any such person to sell wine, ardent spirits, or a mixture thereof. License tax to be had for sell- ing ar.ticleg for others USercfiacts' Merchants'' permission to sell ardent spirits. 40. In every ease in which the license to a merchant or mercan- FINANCIAL. TAXES. 15 tile firm includes permission to sell wine, ardent spirits, or a mixture license to sell thereof, porter, ale or beer, by wholesale and retail, or by retail only, ardent s P mt8 if such merchant or firm sell by wholesale and retail, or by wholesale only, an additional tax of two hundred and fifty dollars ; and on the Tax on sales of amount of such sales within the year next preceding, there shall be pr ° CL ™ e y3and inhabi- tants, one hundred and fifty dollars; and it shall not be lawful to ex- hibit such performances in any other than a licensed house in such Taxfor twenty- towns; and on every license permitting theatrical performances therein for twenty-four hours, fifteen dollars ; but a license may be granted permitting theatrical performances for the term of one week; in which case, the tax shall be twenty dollars during said last men- tioned time; and on a license to continue such performances in auch houses, there shall be an additional tax of ten cents on each person who shall have attended the exhibitions during the time the laat pre- ceding license continued; but if the commissioner shall apprehend that the license will not be renewed at the end of the week, he may refuse the license for a longer period than twenty-four hours. » Refreshments in theatres. 56. On every license permitting the sale of refreshments in a the- atre during such performances, eighty-four "dollars for each place of sale, 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, Refreshments in theatres Sales of ardent spirits in a theatre. Sole, of ardeni 57. On every license permitting, the sale of wine, ardent spirits* FINANCIAL. — TAXES* • H *QT a mixture tliereof, porter, ale or beer, at a theatre, to be drank at spirits in th-ea the place where sold, two 'hundred and fifty dollars for each place of -sale; and no abatement shall be made, if the privilege be exercised- for a period less than one year, PuMic shoi?s, drowses an'S "ihen&geries* ' 58. On every license permitting any public show, exhibition or Shows performance other than the drama, whether in a licensed house or toot, if in a corporate town, or within five miles thereof, for each time '■of performance, twenty-five dollars; if elsewhere, fourteen dollars; and for every exhibition of a circus, if within a corporate town, or Circusee within Eve miles thereof, one hundred dollars ; if elsewhere, fifty dol- lars; and for every exhibition ef a menagerie, if within a corporate Menageries town, or within five miles thereof, one hundred dollars ; if elsewhere, fifty dollars. All such shows, exhibitions and performances, whether under the same 'canvas or not, shall be construed to require separate -licenses therefor, whether exhibited for compensation or net; and upon any such shows," exhibitions and performances being concluded, so that an additional fee for admission be charged, in lieu of a return. . check authorising the holder to re-enter without charge, such addi- tional admission lee shall be construed to require an additional license therefor. Meiyiufatiurers of potter, ale and beer. 59. On jevery license to manufacture porter, ale aatel beer, or either Manufacture » $>f them, one hundred and twenty-five dollars, beer ' S&.le of porter, tie and beet. 5 60. On every license to sell porter, ale or beer, by wholesale or Sale of port**, detail, except in towns whose population exceeds five thousand, one 'hundred dollars; in towns whose population does not exceed 'five thousand, and elsewhere, fifty dollars; and if the business be con- tinued for more than one" year, an additional tax of five per cefltum 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 certifi- •eate of the county or corporation court, in every respect as certificates are granted to ordinary keepers and merchants to retail ardent spirits,, Brokers-. 61. On every license to a broker who deals in stocks, bank notes, Brakers gold or silver coin, foreign or, domestic exchange, e? in securities of ; any kind, one thousand seven hundred dollars. A broker shall have the right to sell stacks at auction or otherwise ; arid any person who may sell stocks, gold or silvercoin, batik notes, treasury notes, foreign or domestic exchange, shares in any corporation or chartered com- pany, certificates of debt due hy the Confederate States, or by any state or corporation or chartered company, or securities of any kind* on com mission, shall be regarded as a broker, 20 FINANCIAL. TAXES, Insurance companies, insurance com- 62. On every license to an agent or sub-agent of any insurance company, not chartered by this state, sixty-four dollars. Physician*, tists and at den tor- Physicians and others. 63. On every license to a physician, surgeon or dentist, 'fourteen dollars each ; and on every license to an attorney at law. fourteen dollars. If the yearly income derived from the practice of any such callings or professions, during the year nest preceding the time of obtaining such license, shall exceed five hundred dollars, there shall be an additional tax on the excess of two and a half per centum ; and this income shall be included in the license tax. A license to any such person" shall confer on him the. privilege of practicing such profession in any part of^the commonwealth. Daguerreian Dagucrreian artists. 64. On every license to exercise the daguerreian art, or such like profession or performance, by whatever name it may be known or ' called, if in a city or incorporated town of less than five thousand inhabitants, fifty dollars; if more than five thousand inhabitants, one hundred dollars ; if elsewhere, twenty-five dollars. And if the yearly income derived from the practice of said art exceed five hun- dred dollars in any county, city or town, an additional tax of tw*> and a half per centum on such excess for the year next preceding the time of obtaining such license ; and such tax shall be imposed, whether an artist perform in a gallery or not. If more than one person be engaged in the joint exercise of such profession or per- formance in the same, gallery, the tax shall not be imposed upon each artist, but upon the gallery. Horses, mules, Sfc. sold for profit. 65. On every license to sell for others, on commission or for profit, horses, mules, asses, jennets, cattle, sheep and hogs, or either of them, fifty dollars ; and the sale may be made under such license in any county or corporation. Carriages, buggies and Other vehicles. Carriage;, bug- ^- On every license to sell carriages, buggies, barouches, gigs, factured ont n of au< * suca ^ e vehicles, manufactured out of this state, one hundred state an( j twenty-five dollars in each county or corporation. If the busi- ness be continued after the same has been carried on for a year, tin- tax shall be on the amount of sales, in addition to the specific tax, as on merchants' licenses. But this section shall not be so construed as to exempt persons from taxation who may put together the prin- cipal parts of such vehicles as may be manufactured out of this state Sailing horses, males, &e. for profit FINANCIAL. — TAXES. ' 21 Slaves bought or sold for profit. 67. Ou every license to buy or sell slaves on commission or for'siaves bought 'profit, other than at public auction, thirty-five dollars in each county ; and on the yearly income of such business in all the counties (to be taxed but once), an additional tax of two and a half per centum on such income. If the sale be made by an auctioneer, no additional license from him shall be required for that purpose. Barbers, 68. On every license to keep a barber's shop, twenty dollars ; and Barbers for every person above one engaged or employed therein, ten dollars. The number to be engaged or employed shall be specified in the Hcense. For any violation of this section, the person licensed and so offending, shall forfeit twenty dollars for each offence. f HawTcers and peddlers. 69. On every license to a hawker or peddler to deal in goods, Hawkers and wares and merchandise, two hundred and ■ fifty dollars : provided, however, the hawker and peddler to be taxed under this section, shall first obtain from the county or corporation court, within whose jurisdiction the said license is intended to be used, a certificate that the applicant is a loyal citizen of some one of the Confederate States, and has been a resident of this state for two years, and of the county, city or town for one year next preceding the granting of said certi- ficate. To whom not to be issued. peddlers 70. No license shall be granted to a married woman, unless she When married r»e exercised When lax tickets to be made out by commissioners. 81. After the first day of February and until the first day of July, in each year, and until the delivery of the commissioner's books- to the sheriff or collector of any county, if the same be delivered after the first day of July, it shall be lawful and the duty of every com- missioner of the revenue to make out tickets showing the amount of taxes which will be chargeable on his books when completed, against any person whom he has reasonable ground to suspect is about "to depart from his county before the first day of July, or before the de- livery of said books to said sheriff or collector. Upon the delivery of such tickets, the sheriff or collector shall be authorized to make immediate distress for the taxes therein specified, and to use all the remedies for the collection of such taxes, as are now given, after the first day of July, upon the delivery of the commissioner's books. Penalty for: failure to obtain license. 82. Whenever a tax is imposed by law on a license to engage m any business, calling or profession, it shall be lawful to obtain a license as in similar cases; and it shall be unlawful to engage ia such busiuess, calling or profession without obtaining a license there- for. Any person who shall in any manner violate this section, or any section of this act for which no specific fine is imposed, shall pay a fine of not less than twenty nor more than one thousand dollars for each offence. Limitation of license. 83. No license shall be construed to 'grant any privilege beyond the county or corporation wherein it is granted, unless it be expressly authorized. Where licensed privilege to be exercised. 84. Every license granting authority to sell, unless the license be- specially authorized by law for a county or corporation, shall be ai some specified house or place within such county or corporation. When forms for tax payers to be furnished. when forms fur- 85. If a commissioner of the revenue shall have been furnished noshed tax pay- ^j^ f orms f or £ ax payers, he shall distribute the same, or as many as may be furnished, amongst the tax payers to be found in his dis- trict, as prescribed by the sixty-fifth section of chapter thirty-five of the Code. He shall require answers according to said section, and with his books shall transmit said forms to the auditor of public ac- counts, if required by him; and the auditor may furnish as many such forms as he may think necessary. Market value of stocks to be taxed. stocks. taxed at 86. In all cases where this act imposes a tax on any public bond. market valu^ FINANCIAL. — TAXES. 25 including the bonds of incorporated companies, or on any stock, in lieu of a tax on the interest or profits thereof, the commissioner shall assess the cash market value of such bond or stock. When double tax to be imposed. 87. Any person continuing business after any license obtained by -\vhen double • him shall have expired, without obtaining, on or before the day his p ^ed° former license so expired, a license for the succeeding term, shall be assessed with twice the amount of tax otherwise imposed on such license. Deduction from commissioner's compensation. ' 88. If a commissioner shall, in his list of licenses to be furnished when deduc- ,. , -, . tions from com- to the auditor ol public accounts, charge or extend in any case a tax missioner's com- less than the law requires, the auditor of public accounts shall de- ma d e duct the amount omitted to be charged or extended, from the com- pensation of the commissioner; and to enable the auditor to make an examination of such lists, the commissioner shall return to him with his return of licenses, all 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. 89. The number of slaves and the "value thereof shall be listed Slaves, &c. how by the commissioners, and taxed according to their value, to the hirer or person in possession thereof on the fii'st day of February. But taxes on slaves carried away or escaping from the owner or hirer to the public enemy, and not recovered, may be exonerated in the same manner that taxes erroneously assessed may be exonerated ; and an order of exoneration shall have the same effect, in all respects, as if it had been made exonerating or- refunding »taxes erroneously assessed; and all subjects of taxation required to be listed under the provisions of the thirty-fifth and thirty-eighth chapters of the Code, and not specially taxed herein, shall be listed and taxed as similar subjects, according to the forms furnished by the auditor of public accounts. Value of lands and lots generally not to be changed. 90. The value of lands and lots, as ascertained by the assessment Value of lands made under the tenth chapter of the Acts of eighteen hundred and certain assess- 1 " fifty-five and -eighteen hundred ^.nd fifty-six, passed March" tenth, changed * l ° b " eighteen hundred and fifty-six, under special acts, and under the thirty-fifth chapter" of the Code, in respect to new grants, shall be permanent and not be changed, except under the provisions of the said thirty-fifth chapter, in case of a partition or conveyance, and except as provided by this act ; and the auditor .of public accounts may so far change the form of the commissioner's land book as to show in one column the value of lands and lots, exclusive of buildings. FINANCIAL.— TAXES. When the value of lands and lots may be changed. Commissioner to 91. And inasmuch as many tracts of land and lots, with improve- gossment iu ments thereon,' situate in counties invaded by the public enemy, have fcywar" WaS e Deen permanently diminished in yalue by said invasion, and despoiled and reduced in value by military occupation, and by the waste and violence incident to war, it shall be the duty of the commissioners of the revenue for such counties, upon the requisition of the owner of any real property situate in such counties, or of his agent, to make a new assessment of such real property, upon the following basis and Basis of new as- mode of valuation, viz: The commissioner shall deduct from the amount at which such property stands assessed at its last assessment,- such sum as is equal to a -fair estimate of the permanent diminution in the value thereof, caused by the invasion of such county, and of the permanent injury and damage inflicted upon such property by military occupation thereof, and the waste and violence incident to war. In making which estimate, he shall appraise and fix the amount of such permanent diminution, injury and damage, according to what would have been the standard and rate* of valuation thereof, if such permanent diminution, injury and damage had been estimated during the year eighteen hundred and fifty-six ; and the remainder left, after deducting the diminution, damage and injury thus estimated, shall be the valuation at which such property shall be assessed by the commissioner. • » Redress against new assessments. Kedress against 92. Any person feeling himself aggrieved by such new assessment, «essment n<3W a ma y apply to, the court of the county or corporation in which such property is situate, for a review of such assessment, at the June or July term of said court succeeding the period of said assessment : provided ten days' previous notice of such application be given to Case may be the commissioner ; and if from any cause the court cannot, in justice three terms to the commonwealth or to the applicant, adjudge the matter of com- plaint during the first term at which such application is made, the same may be continued for a period not exceeding the three terms next occurring. If the court, upon considering such application, and the evidence adduced by the applicant or commissioner, shall deem the assessment made to be erroneous, it may declare what will be a How commis- ' just assessment upon the mode of valuation above prescribed ; and sioner to correct,, . . , ., '. , , -■ , his books. the commissioner shall thereupon correct the assessment made by him, and assess such property on Jjis books at the valuation so ad- judged by the court. Wlien agricultural productions are to be taxed. when agrieuitu- 93. Agricultural productions of this state, and provisions in the provisions 3 ex- hands of the producer, including pork, bacon, beef, poultry, fish, and empt from tax ^ ot]ier meatg) butter, lard, eggs and such like marketing, and in. the hands of those who have purchased the same for the use of their FINANCIAL.— TAXES* 2? own household, and not for sale, and goods and materials manufac- tured in this state, exeept ardent spirits, porter, ale and beer, shall be exempt from taxation as property while remaining in the hands * of the producer or manufacturer, and while such agricultural pro- ductions and provisions, specified as aforesaid, are held as aforesaid. Such production, provisions and manufactured articles may also be sold by "the producer or manufacturer without a license tax; but when subject t» 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 there- after sold. To give effect to this section, chapter first, entitled an Revenue and act for the assessment of taxes on persons and property, passed March 3 tru'edt 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 be otherwise construed, shall be construed according to the provisions of this section : provided, that no person shall be required to take out a license or pay any tax for the privilege of buying his neighbor's produce to take out of the county in his own vessel or other conveyance, to market, or for selling the same. Domestic manvfactures, hoio taxed. 94. Merchant tailors and all other persons manufacturing any pro- Howtaxonaaie* duction or material, except ardent spirits, porter, ale and beer, the rs and others sale of which material would be prohibited without a license, shall aseertame 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 ; prohibition of the sale of ardent spirits, 8fC. 95. A license to manufacture porter, ale and beer, or either of How license to them, may be granted by the commissioner of the revemie, as in SaiUiquors other cases, without any previous certificate or order of the court; & ranted but a license to sell the same, or any of them, and the privilege of selling ardent spirits, shall only be granted upon the certificate of the county or corporation court, that the person to be licensed is sober and of good character. But if the person shall have commenced or Liability of per. continued the sale of ardent spirits, without making application for wnhoutUeensa such license: in the former case, he shall be assessed four times, and in the latter, twice the amount of taxes otherwise imposed for a year; which shall in no case be refunded to him, unless under proceedings provided for by chapter twenty-nine of the Acts of eighteen hundred and sixty-one, such assessment is pronounced erroneous by the court. Effect -of the change of the name of a firm. 96. No change in the name of any firm of merchants,, commis- what not con i . . . , .. . sidered com eion merchants, sample merchants, merchant tailors, auctioneers, or mencing busi any other persons who are taxed upon the amount of business or ness sales of the preceding year, nor the .taking into the firm of a new 28 FINANCIAL. — TAXES. partner, nor the withdrawal of one or more of the firm, shall be con- sidered as commencing, so as to allow, on that account, the payment only of the specific tax imposed by law for the privilege granted ; but if any one of the parties remain in the firm, either as a general or special partner, or otherwise, in interest, to be ascertained upon the oath of the party to whom the license is granted, the business shall be regarded as eontinuiug. Insolvents, how collected. Eist of msol- 97. A copy of every list of insolvents, whether of persons, per- ont for coiiec- sonal property, licenses or militia fines, whether allowed by any court 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 the auditor of public accounts in the hands of any sheriff, collector or constable of any county or corporation for' collection. Such sheriff, collector or constable shall receive and receipt 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- The amount appearing due after such return of delin- quents, and the allowance of such commissions as may have been prescribed by the governor, shall be paid into the treasury within one year from the time such copy of such delinquents may have been received by such sheriff or other officer. When such copies are re- ceived by such officer, he shall have the same powers of distress and other remedies for the collection of the amount appearing due there- by, as are allowed to sheriffs for the collection of taxes. Any officer failing or refusing to receive and execute a proper receipt for any such copy of delinquents, shall forfeit not less than one hundred nor more than five hundred dollars. Commissions for quent taxes collection, how allowed Penalty on offi- cers for failing to receive and receipt license to sut- 1 era License to a sutler or other person to sell goods, Sfc, within or near to a military encampment. i . 98. No license shall be granted to a sutler or other person to sell goods, wares and merchandise or other thing, within or near to a mili- tary post or encampment, unless the person desiring such license shall produce to the court or to the commissioner of the revenue, as maybe required by law, a certificate of the commander of such post or encampment, approving of the issuing of a license to such sutler or other person; aud any sutler or other person so selling without a license at such places, shall be subject to all the penalties and lia- bilities imposed upon merchants and other persons selling without a license : provided, however, that no license shall be required of per- sons selling provisions only to the army. License to a merchant who is a heginner. when license to 99. A license to a merchant who is a beginner, shall specify the FINANCIAL. — TAKES, 29 value of goods to be sold by such merchant;, and when goods to the -merchants who value specified have been sold, the license thereafter shall be deemed VO id to be void; and if such merchant fail to apply to a commissioner of the revenue for a new assessment and new license, and continue in business after his license is deemed to be void as aforesaid, he shall forfeit to the commonwealth, for the benefit of the general treasury, not less than one hundred nor more than two thousand dollars. Population of counties, cities and towns, hoia estimated. 100. In all cases where the population of any county, city or town How population -, ~ ' . . . .• -, , , * , , . /. of counties. Sec. is a data for estimating the taxes amposed by law ior the exercise 01 to t^ estimated any privilege therein, or for any other purpose, the commissioner, after ascertaining the actual number of slaves assessed, shall assume that the white and free negro population is five and a half times the number of white persons and free negroes of and over the age of twenty-one years. The actual number-of slaves as ascertained, and the estimate of the white and free negro population, made as afore- said," shall constitute the population for the purposes aforesaid. Banks, insurance and other companies, ivhen and what to report to auditor of public accounts. 101. Banks, savings banks, insurance companies, express compa- Banks, insu- nies, rail road companies, and all other companies which by law are nies, &e. when * required. to make a report to the auditor of public accounts, and also portYo aud?tor all such companies, firms and persons engaged in manufacturing or working in cotton, woolen or iron, or any other agricultural or mine- ral products, shall, as soon after the first day of July in each year as may be, make report to the said auditor of the amount of capital employed by such company; the capital stock actually paid in, if an incorporated company ; the gross income received and contracted to be received during the preceding year ending on the thirtieth day of June; the salaries and other compensation paid to the officers and employees receiving compensation in the nature of a salary, together with their names ; the number of persons employed as laborers ; the slaves, and the aggregate amount of hire paid therefor, assuming the total number to be equal to the average number in the year. If the company be a work of internal improvement, the report shall also show the length of the work and the cost of construction. From . such reports the auditor shall condense the sami? into a report to the general assembly. Any such bank, company or firm failing for one penalty forfsii!- month to make such report, shall forfeit not less than five hundred ms l0 ieport dollars nor more than five thousand dollars; to be recovered in the circuit court of the city of Richmond, upon the motion of the auditor of public accounts. Personal property exempt from taxation. •102. The forty-third section of chapter thirty-five of the Code (edi-* tion of eighteen hundred and sixty) is hereby amended and re-enacted so as to read as follows ; 30 FINANCIAL.— TAXES* Personal pro- " § 43. All personal property described in this section, and to the Froi/ taxation extent herein limited, shall be exempt from taxation, that is to say f The household and kitchen furniture used in a licensed ordinary, house of entertainment or private boarding house, and belonging to the keeper thereof, the value whereof has been included in* such license tax. All books, apparatus and furniture belonging to colleges, free schools and incorporated academies, and used for college or school purposes; to the university of Virginia ; to the Virginia military in^- stitute ; to the institution for the education of the deaf and dumb and >. the blind ; and to the lunatic asylums. And all personal property belonging to orphan asylums, overseers of the poor, and exclusively to the commonwealth. All fire engines or other implements for the extinguishment of fires. All books, family portraits* and pictures, and the wearing apparel of every person and family, except watches and jewelry. All agricultural productions of this state in the hands of the producer. All mineral productions of this state in the hands of the producer or miner. All felled wood or timber in the hands of the person owning, rent* ing or leasing the land where the same was grown* All plantations of oysters and fisheries. All capital invested in any trade or business for the prosecution of Which a license is required. All farming implements actually used for farming purposes, except road wagons, or wagons used principally for other than farming purposes. All mechanics' tools used on any farm, or by any person actually engaged in any trade, occupation or profession." Sheriffs' commissions on taxes other than license taxes. 103. The twenty-second section of chapter thirty-six of the Code (edition of eighteen hundred and sixty) is hereby amended and re- enacted so as to read as follows : Commissions for " § 23. Every sheriff or collector shall be allowed a commission of taxea two per centum on the amount of taxes, other than license taxes, with which'he is chargeable ; and if he shall punctually pay the same into the treasury within the time required by law, he shall be allowed an additional commission of three per centum. But when the taxes with which he is chargeable exceed sixty thousand dollars, and do * not exceed one hundred thousand dollars, the 'commission on the excess shall be only one per centum ; and if he shall punctually pay the same into the treasury within the time required by law, he shall be allowed an additional commission of two per centum on such ex- ■ cess ; and if the taxes with which he is chargeable shall exceed One FINANCIAL.-— TAXES- 31 hundred thousand dollars, the commission on the excess over said sum shall be only one-half of one per centum; and if he shall punc- tually pay the same into the treasury within the time required by law, he shall be*allowed an additional commission of one per centum. on the excess over one hundred thousand dollars." Commissioner's compensation other than fees. 104. The ninety-fifth section of chapter thirty-five of the Code (edition of eighteen hundred and sixty) is hereby amended and re- enacted'so as to read as folfows: " § 95. Every commissioner of the revenue shall be entitled to Commissions for ,t . p , . . , . n ic,i assessing taxws receive, in consideration of Ins services, to be paid on or belore the first day of September, out of the treasury, upon the warrant of the auditor of public accounts, a commission of one and one-half per. centum on the amount of taxes lawfully assessed by him on persona and property within the preceding twelve months. But where the taxes on persons and property assessed in any district in a county exceed twenty thousand dollars, the commission allowed on the ex- cess- shall be only three-fourths of one per centum ; and where the said taxeB assessed in any district in a town or city exceed sixteen thousand dollars, the commission allowed on the excess shall be only , one-half of one per centum." List for sheriffs, auditor and clerk of court ; commissioner's fees, by whom payable. 105. The forty-seventh section of chapter thirty-eight of the Code • (edition of eighteen hundred and sixty) is hereby amended and re- enacted so as to read as follows: • " § 47. After the commissioner of the revenue shall have assessed Lints of licenses all persons required by law to obtain licenses, he shall make a fair classified dist thereof, as far as he may have progressed with the same, at intervals not exceeding fifteen days, and deliver such lists to the sheriff or other collector of the revenue, for his guide in collecting the taxes imposed by law on such licenses. He shall return to the When to be re auditor of public accounts and to the clerk of the court of the county tor or corporation a list of all such licenses; that is to say, a list of such as are granted on or after the first day of September and before the first day of May following, shall be returned on or before the tenth day of the said month of May ; and a list of such as are granted on or aTter the first day of May and before the first day of September following, sliall be returned immediately after the first day of Sep- tember. Such lists shall specify the date of each license, for what it Was granted, the name of the person to whom granted, the amount of the tax, to whom paid, and the data upon which the tax was as- sessed. For every certificate delivered by a commissioner to a per- Fee for certifl son desiring, or who ought to obtain a license, the commissioner shall ca be entitled to a fee of one dollar for each license, unless such license 32 FINANCIAL. — TAXES. be refusal by the court; which fees shall be paid to him by the person to whom the license shall be granted." Commissions, to sheriffs and collectors* 106. The fifty-sixth section of chapter thirty-eight of the Code (edition of eighteen hundred and sixty) is hereby .amended and re- enacted so as to read as follows : Commissions for "§ 56. Every sheriff, or person receiving taxes on licenses under tax ' this chapter, shall be allowed a commission of one per centum for their collection on the first five thousand dollars, and one-half of one per centum upon any excess over that sum; and if he shall punctually pay the same into the treasury within the time prescribed by law, he shall be allowed an additional compensation of one per centum on the first five thousand dollars, and one-half of one per centum on any excess over that sum." Penalties, how recoverable. 107. The fifty-ninth section of chapter thirty-eight of the Code of Virginia (edition of eighteen hundred and sixty) is hereby amended , and re-enacted so as to read as follows : Suits to recover " § 59- Such action of debt may be instituted at any time within andhow insti- n ^ ve years after the offence was committed, and shall be for the maxi- tnted mum penalty prescribed, and for each violation of any of the laws and prohibitions contained in this act or the thirty-eighth chapter of Form of pro- the Code of Virginia (edition of eighteen hundred and sixty). In ceedings ^ ao ^ on f d eo t, bail shall be required as a matter of right ; and if deemed necessary, an attachment may issue without the affidavit and bond required in other cases, either before the ^institution of a suit or during the pendency of the same. A declaration shall be filed, but no orders or pleadings at rules shall be necessary, and no exceptions shall be allowed to the declaration for any defect or want of form. If the offence is not sufficiently seated, the court shall re- quire, under such rules as it may adopt at any time before a verdict may be rendered thereon, a full and explicit statement of the offence. In all such proceedings the court shall render judgment according when defendant to the very right of the case. In case the defendant be arrested and ^vTbon/fwhis m custody for want of bail, he may, at the time of arrest, or at any npjrearaiice ^ imG b e f ore a judgment be rendered in the action, give bond with sufficient security, in a penalty equal to the penalty sued for, to the officer making the arrest, or to the clerk of the court wherein *the action was instituted. Such bond shall be payable to the common- wealth, and shall be conditioned for the appearance of the party to answer the action, and to abide by and satisfy the judgment of the court. Upon the execution of such bond the defendant shall be dis- Where boad charged from custody. The bond shall be returned to and filed with filed the clerk in the papers of said action. No officer shall be entitled to the payment of .any fees out of the treasury for services rendered in . FINANCIAL. — TAXES. o'i any proceedings herein authorized. In all cases of conviction under Fee of attorney this act, a fee of ten doll; taxed in the bill of costs. this act, a fee of ten dollars to the commonwealth's attorney shall be wealth m ° n Deputies of collectors may he appointed. 108. Whenever the auditor of public accounts shall hereafter ap- when and how point a collector o*f taxes under the ordinance of the Virginia con- ^^oma^ii^ vention, number' sixty-five, entitled an ordinance providing for the appointment of the commissioners of the revenue and collectors of taxes in certain cases, and providing for the absence of the auditor of public accounts, passed June twenty-sixth, eighteen hundred and sixty-one, it shall be lawful for such collector to appoint deputies in the same manner that deputy sheriffs are by law appointed, who shall possess all the powers which are now exercised or possessed by de- puty sheriffs in the collection of taxes, militia fines, county levies and poor rates, and shall be subject to the same liabilities and restric- tions which appertain to. deputy sheriffs, and 'the principal shall be liable for his official acts as such, and such deputy collector shall be a resident of the county for which' he is appointed. Confederate treasury notes receivable in payment of taxes. 109. The act entitled an act authorizing the receipt of Confede- rate States'treasury notes in payment of taxes and other public dues, passed March twenty-second, eighteen hundred and sixty-two, shall be and the same is hereby amended and re-enacted so as to read as follows : « "Confederate States non-interest bearing notes of the denomina- What confede- tion of, or over five dollars, dated and issued on and after the first ceivaWo for day of April eighteen hundred and sixty-three, shall hereafter be re- taxes ceivable in payment of taxes and other public dues to the state." 110. The auditor of public accounts shall cause the preceding Preceding set (section to be published in at least five newspapers in the city oi\l"\l 2< x e pu: Richmond, and in the papers of the cities of Lynchburg and Peters- burg, and in the towns of Danville, Staunton and Wytheville, for at least four weeks. When taxes may 'be distrained for. % 111. The fourth section of chapter thirty-six of the Code (edition of eighteen hundred and sixty) shall be and the same is hereby amended and re-enacted so as to read as follows: ■ " § 4. No distress shall be made for taxes or levies, where the she- when taxes not riff or collector has had more than two years to collect the same, f° r be distraiue<1 unless it be for taxes returned delinquent, and sent out by the au- ditor for collection, as provided by law. But a sheriff or collector of when taxes ma* a former term may, notwithstanding the expiration of his term "f 1jedlstrauud fm office, by himself or by his deputies, have the same powers of dis- 3 'U FINANCIAL. — TAXES. — APPROPRIATIONS, tress and sale as lie possessed before said term expired ; and which right of distress and sale shall continue for the term of two years from the time such right first accrued ; but no deputy shall be per- mitted to qualify for such collections after the principal's office has expired. And it shall be lawful for a sheriff or collector to receipt for, and collect by distress, within said two years, any taxes or fees Liability of she- remaining unpaid to his predecessor. Such sheriff shall be liable to his" predecessor, or his personal representative, for the taxes and fees collected, in the same manner he is liable for clerks' fees collected by him." Commissioners to ascertain the number, Sfc. of all slaves thai escape to. the enemy. Lists of slaves escaping to No license to issue to aliens Exception 112. Commissioners of the revenue for each district, in taking lists of the personal property in the several counties, cities and towns of this commonwealth, shall enquire into and ascertain, as far as practicable, the number of all slaves that have escaped to the enemy during this war, and have not been recovered, and make a return of such lists to the auditor of public accounts, with the names, sexes and ages of such slaves, and the names of the owners thereof; to be filed and preserved in the office of said auditor. 113. That no license under this act shall be issued to any alien, except as provided in the act passed March thirty-one, eighteen hun- dred and sixty-two, entitled an act defining the persons who may obtain license, ^and except as to such aliens as shall not, on account of being aliens, have claimed exemption from service, in the army of the Confederate States: and no alien who has claimed exemption as such, from service in the army of the Confederate States, shall act as an agent for any citizen of this state licensed under this act. . Repealing clause. 114. Chapter one, entitled an act imposing taxes for the support of government, passed March twenty-seventh, eighteen hundred and sixty-two, shall be and the same is hereby repealed, so far as the same is not herein before re-enacted.. Commencement 115. This act shall be in force from its passage. Repealing clause Taxes appro- priated Chai\ 2. -An ACT appropriating the Public Revenue for the fiscal yea*' 1862-3. Passed March 28, 1863. 1. Be it enacted *by the general assembly, that the public taxes and arrears of taxes due prior to the first day of October eighteen hundred and sixty-three, and not otherwise appropriated by law, which shall come into the treasury prior to the first day of October l>iNAXC!AY J .^-A ! Pl' , ROl , EIAfiOl'T&, 35 «Mglrteen hundred and sixty-three, shall constitute a ge&eral fund-. ; and be appropriated for the fiscal year to close 00 the thirtieth day «£ September eighteen hundred -and sixty -three, as fellows, videlicet : To pay the salary of the secretary to the commissioners of the Safety of clerk linking fund, three hundred dollars. To pay the per diem,, mileage, and other expenses of the general General assen> -assembly, incurred in the session of September eighteen hundred and • sixty-two, -forty-two thousand dollars. To pay die per diem, mileage, and other expenses of the general General assent •assembly, incurred in the same session, in Octol>er eighteen hundred s •and sixty-two, and the session commencing in January eighteen hun- dred and sixty-three, sixty-five thousand dollars. To pay expenses of comparing polls in s-undry elections, ene thou- Elections ^and dollars. To pay salaries and mileage of judges and other officers of the judges civil government, one huadred and eleven thousand dollars. To pay for arrest and support of prisoners, pay of jurors, witnesses, Prisoners, 4fc.e.,.as provided by >law, sixty thousand dollars. To pay for slaves condemned and executed, or sentenced to or re^ Slaves con prieved for sale and transportation, twenty-five thousand dollars. To pay expenses for bringing condemned slaves te penitentiary, Expenses of, to eight hundred dollars. ptnuen iary To pay Joseph W. Hancock, a judgment for the value of his fe-J. w, Haueock male slave named Amanda, sentenced by the judgment of the county court of Chesterfield to sale a-nd transportation, seven hundred and ninety dollars. To pay for subsistence and ether supplies for the support of con- Convicts, &o victs and transports in the penitentiary, fifty thousand dollars. To pay mileage to officers and guards, and expenses of convicts, Mileage to orfi-- m transporting convicts from the place of conviction to the peniten- ce tiary, five thousand dollars. To pay the salary of the ^superintendent of the penitentiary, his Penitentiary assistant keepers, clerk, surgeon, and allowance to -directors, eight thousand dollars. ' • ' ■ To pay for printing records of the court of appeals and district Records court 0? courts, four thousand dollars. . appes To pay contingent expenses of courts, sheriffs, clerks and other Contingent es- •officers of the courts, fuel, stationery, &c, twenty thousand dollars. To pay the expense of the militia establishment, to brigade inspee- Militia. %ors, adjutants, clerks, musicians, &c, ten thousand dollars. To pay the salary of -the adjutant general and his clerk, three thou- Adjutant gone- sand two hundred dollars. To pay the annuity for the "annual support of the Virginia military Annuity to vir- institute, thirteen thousand five hundred dollars. stitute * ' T© pay expenses chargeable to the military contingent fund, under Military eontin- ®,n act to organize a military contingent fund, passed March fifteenth, eighteen hundred and sixty-two, fifty thousand dollars. To .pay officers and privates, for rations, clothing and other allow- Public gward m FINANCIAL.— APPROPRIATIONS. laterior guard at penitentiary Transportation of arms Commissioners of the revenue Central lunatic asylum Eastern' lunatic asylum Robert Saunders &al Wiiiiam M. Hume Ltinaties in county jails Deaf, dumb and biind Civil prosecu- tions Public ware- houses Governor's house Capitol Grattan's Re- ports thigh's Reports ance3 to the public guard, and ordnance sergeant at the military institute, including temporary quarters, sixty thousand dollars. To pay allowances to the interior guard at the penitentiary, two thousand eight hundred dollars. To pay for the transportation of arms collected and distributed, eight hundred dollars. To pay the commissions and other fees of commissioners of the revenue, and for lists of taxable property, and to clerks of courts, for examining commissioners' books, eighty thousand dollars. To pay for support (in addition to the pay patient fund) and trans- portation of patients to the Central lunatic asylum, sixty-five thou- sand dollars. To pay for support (in addition to the pay patient fund) and trans- portation of patients to the Eastern lunatic asylum, forty-eight thou- sand dollars ; and also the sum of three hundred an# twenty-four dollars and thirty-seven cents — of which sum one hundred and twenty-six dollars shall be paid to Robert Saunders, and one hundred and twenty-six dollars to Edward H. Livety, for the hire of their servants for the year eighteen hundred and sixty-two — and to Wil- liam II. Peirce, an officer, for services, the sum of seventy-two dol- lars and thirty-seven cents, balance due him for eighteen hundred and sixty- two. To pay to William M. Hume, sheriff of Fauquier county, or his legal representative, seventy-three dollars and sixty-cents, that being the amount to which he is entitled by law for conveying a lunatic from said county of Fauquier to the asylum at Williamsburg, which said amount is to be deducted from the appropriation to said institution for the fifecal year ending September thirtieth, eighteen hundred and sixty-two. To pay expenses, &c. of lunatics confined in county jails, four thousand dollars. To pay the support of the deaf, dumb and the blind, twenty-five thousand dollars. To pay pensions allowed by law, four hundred and thirty-two dollars. To pay claims chargeable, on the civil contingent fund, to be allowed and certified by the executive, one hundred thousand dollars. To pay expenses of civil prosecutions, eight thousand dollars. To pay for services of commissioners of public warehouses, one hundred and fifty dollars: To pay for repairs to the governor's house, to be paid upon the cer- tificate of the superintendent of public buildings, five hundred dollars., To pay for repairs of the capitol, to be paid upon the certificate of the superintendent of public buildings, five thousand dollars. To pay for the printing and binding-of one thousand copies of the sixteenth volume of Grattan's Reports, two thousand two hundred dollars. To pay for reprinting and binding one volume of Lvigh's Reports. as provided by law, one thousand six hundred dollars. FINANCIAL. APPROPRIATIONS. 37 To paf the annual allowance to the vaccine agent at Richmond, Vaccine agen-. five hundred dollar?. * To pay for the services of a messenger in the office of the auditor Messenger in P ... . -1,1 i i -, ri auditor's office of public accounts, eight hundred dollars. To pay expenses of the registration of marriages, births and Registration of deaths, two thousand five hundred dollars. To pay expense of printing for the general assembly and public Printing officers, and for paper and books for public officers, forty-five thousand dollars. To pay for the services of temporary clerks in the office of the Temporary auditor of public accounts, four thousand five hundred dollars. tor's office To pay commissions to sheriffs, payable by warrants, two hundred Commissions to . sheriffs dollars. To pay sundry expenses out of the special appropriations to the New river navi- » • . ,. ', . T. i t ii gation company New river navigation company, ten thousand dollars. To pay the pages of the senate and house of delegates, the sum of Pages three dollars per day for each day's services as such ; to be paid upon the certificate of the clerk of the senate and of the clerk of the house of delegates respectively. To pay the clerk of the joint committee on salt, four dollars per Clerk joint com- day for the time of his services ; to be pai/I on the order of the clerk of the house of delegates. To pay to the porter to the senate, for services as such, attention Porter of senate to the senate chamber and clerk's office of the senate, and for making fires for same, two dollars and fifty cents per day; to be paid upon the certificate of the clerk of the senate. To pay the further expenses for makiag fires and superintending Fires, furnace?, the furnaces in the eapitol, the customary allowance of two dollars per day to each of the several persons entitled to the same, not ex- ceeding two persons to be emploj-od; to be paid upon the certificate of the superintendent of public buildings. To pay the principal and interest on temporary loans, two million Temporary five hundred and nine thousand two hundred and eight dollars and Eiinety-five cents. . To pay the interest on loans under the act for the assumption of interest on loans 1/-NJ-3 n • i -ii-ii fr* 1 " Wal ' tal: the Couieaerate States war tax, nmety-two thousand seven hundred and ninety-three dollars. To pay the principal and interest of interest bearing treasury notes, interest bearicg ,, -i5- ,i iii -, i i • i i -i treasury notes chree million three hundred and sixty-two thousand nine hundred and sixty-six dollars. To pay the salaries and allowances of naval officers on retired Naval officers Siists, five thousand three hundred dollars. To pay military expenses, other than the expenses of the state line Military ex- and mountain rarfgers, to be paid upon the order of the auditing iboard, fifty thousand dollars; but the disbursements under this cjause shall be limited to the payment of claims heretofore allowed by said auditing board ; and all claims hereafter allowed by said board shall he reported to the general assembly for payment by appropriations by law, except claims embraced in the next following clause. m FINANCIAL. — APPEOPEIATIOXS. Starte line Penitentiary Patrick Ker.ii Hover & Lud- J D. Pentfl'etoK i?er_ersJ fn-aJ Disposal of aeral fund payments, "when made Cswamfiacemeat To par claims %f officers and soldiers of the Virginia state Fine- and mountain rangers, including the raising, clothing, subsistence, and otherwise supporting- tire same, to be paid upon the order of the- auditing board, two million dollars. To supply the penitentiary with raw material for manufacturing purposes, twelve thousand dollars ; to be paid to the order of the superintendent thereof. To pay Patrick Keau, as reporter to the secret debates of the convention, upon the certificate of the secretary thereof, as ordered by the convention, three hundred dollars. To pay Messrs. Hoyer & Ludwig for engraving and' printing two hundred copies of the ordinance of secession, three hundred and ninety dollars. To pay J. D. Pendleton and John Burwell, for clerical servfces- reudered the senate during the indispositioa of the eteik of the senate- at the present session, sixty doilars each. 2. Be it further enacted, that so much of the public revenue a* may be received into the public treasury after the thirtieth day of September eighteen hundred and sixty- three, and, the surplus, of aD other appropriations- made prior to that date, unexpended within the fiscal year ending on the last day of September eighteen hundred and. sixty-three, 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-three, and ter- minate on the thirtieth day of September eighteen hundred and sixty-four ; and the auditor of public accounts is hereby authorized! and required to issue his warrants- in the same manner as if the same- had been specifically mentioned, subject to such exceptions, limita- tions 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 by so eonstrued 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 & special appropriation by law. 3. The payments to the military institute, for support, to the- lunatic asylwms, for support and transportation of patients; and to the institution for the education of the deaf and dumb and the blind,, shall be made-, one-fo.urth in advance, on the first day of October, one-half on the first day of January (if the visitors or directors soi require), and the remaining one-fourth on the first day cf Api'l . 4. This act shall be in force from its passage. . INTEREST ON WAR TAX. — MILITARY AFFAIRS. Chap. 3. — An ACT authorizing the payment of Interest-on Bonds given for the Confederate States War Tax, after the day of payment. Passed March 12, 1863. 1. Be it enacted by the general assembly, that any bond heretofore Bond, when to or hereafter given for the payment of money, in pursuance of the act of ear mtereb " assembly entitled an act to provide for the assumption and payment of the Confederate States war tax, passed February twenty-first, eighteen hundred and sixty-two, shall continue to bear interest until presented for renewal. The holders of bonds heretofore paid after when holder* the day of payment, to whom interest was refused after the said day rest of payment, shall be entitled to such interest; and the auditor of when auditor to public accounts shall issue his warrant on the treasury, payable out of any money in the treasury not otherwise appropriated, in favor of the person whose bond may have been paid without such interest, for the amount of interest which would have accrued thereon, at the rate of six per centum per annum, from the day of payment until the Rate of interest same may have been paid. , 2. This act shall be in force from its passage. Commencement Chap. 4. — An ACT to transfer the State Troops and Rangers to the Con- • federate Government. Passed February 28, 1663. 1. Be it enacted by the general assembly, that the governor be Governor di- and he is hereby authorized and directed to cause, without delay, all feTsute troops the state troops raised under an act of the general assembly, entitled Acts as to state an act to authorize a force of ten thousand men to be raised for the r ™gCT;f n defence of the commonwealth, passed May fifteenth, eighteen hun- dred and sixty-two, and under any aets amendatory thereof, in- cluding all companies of rangers organized under the act of March twenty-seventh, eighteen hundred and sixty-two, entitled an act to authorize the organization of ten or more companies of rangers, or any other act of the general assembly, to be reorganized into com- panies, battalions and regiments, in accordance with the laws and regulations of the confederate service. In case there be four com- when officers panies of said raugers, including the company of Captain George™ 7 electama ~ Dusky, at present acting with one of the regiments of said state ' . troops, it shall be lawful for the officers of said companies (as intended by the said act of the twenty-seventh of March eighteen hundred and sixty-two) to elect a major therefor, who shall be commissioned by the governor as of the day preceding the date of the passage of this act : provided, that such election be made within ten days after the passage of this act ; and such major, without waiting for his commission, shall be deemed one of the field officers who maylbe 40 MILITARY AFFAIRS. Company offi- elected under the next succeeding- section. Whenever two or more ers, loweec companies" are consolidated into one to make up the 'complement of men required by said laws, the non-commissioned officers and pri- vates may (under the superintendence of such officer as shall be de- signated by the governor for that purpose) elect, from among the officers of the same grade, a captain, a first lieutenant and two second lieutenants, who shall be assig-ned to the company thua formed, and the commissions of the other company officers shall thereafter be void. Battalions and regiments, how formed Field officers, how chosen Battalions What field offi- cers discharged How mustered into service of Confederate States How received Who may bs discharged Inventory of arms, &c. how taken How transferred to confederate government Staff officers Arms, &c. how valued 42. As soon as ten companies are thus formed, they shall be or- ganized into two battalions and one regiment. From the field officers of the necessary grades now in commission in said state troops and rangers, the commissioned officers of the regiment may elect their field officers. In like manner, when another regiment is formed, the like proceeding shall be had until all the regiments that may be formed are completed. If there are any companies left after the formation of said regiments, they shall be formed into a battalion, and officered in like manner. The field officers then remaining with- out commands shall be discharged, and their commissions shall be void. The regiments, and any detached battalion thus formed, shall be mastered into the service of the Confederate States by sneh mus- tering officer as shall be detailed by the secretary of war for that purpose; and when so mustered, complete returns thereof shall be immediately made by such mustering officer, to the adjutant general of this state at Eichmond. The said troops are to be received in companies, battalions and regiments, with their respective officers. They are to be mustered into the service for the war, but with the express reservation that those not subject to conscription, if they desire it, shall be discharged at the expiration of their present terms of enlistment. The governor shall appoint an officer, to be present at the mustering of said troops into service, whose duty it. shall be to take an inventory of all arms, accoutrements, ordnance, equipments, stores, munitions of war, horses and other property which may be in the possession of said troops when, so mustered into service ; and the same shall be transferred to the confederate government, and shall be received and receipted for by the said mustering officer at the time of receiving and mustering said troops as aforesaid. Such staff officers for said regiments aud detached battalion, if any, as may be authorized by the laws of the Confederate States, shall be appointed by the colonels of the regiments when formed, according t« the laws- of the Confederate States ; and when the said regiments are mustered into service, the said staff officers shall be received as a part of the force transferred, and be commissioned accordingly. 3. All the arms, accoutrements, ordnance and equipments, stores, munitions of war and other property furnished and receipted for as aforesaid, shall be valued by the mustering officer aforesaid, and the officer appointed by the governor to make the inventory thereof, anne or more of the hired slaves to be sent to the public works ; but in every such case, the slave or slaves to be sent shall be ascertained by lot, in which each of said slaves shall be drawn for by the court. 2. Be it, further enacted, that so soon as the governor shall deter- Notice of call, mine to make a requisition for slaves under, this act, he shall give ow glve notice thereof to the several counties, cities and towns on which the call may be made, by causing to be filed with the clerks of the several county and corporation courts, copies of the requisition made on their respective counties, cities and towns ; and thereupon it shall Duty of clerks be the duty of the said clerks forthwith to issue a summons to all the acting justices of their respective counties and corporations, requiring them to meet at the courthouses of their counties and corporations, on a day to be named in the summons, not later than sis days from the filing of the requisition, to carry the same into effect; which summons shall be directed to and executed by the sheriff of the Duty of sheriffs county or sergeant of the corporation, as the case may be. 3. It shall be the duty of the several county and corporation courts, Kumber of after being duly convened as aforesaid, and not less than five justices re^uisitTonfhow being present, to ascertain, by the assistance of the commissioners of ascertained the revenue of their respective counties and corporations, or other- wise, the entire number of male slaves therein between the ages spe- cified, subject to requisition under this act; and after ascertaining Apportionment the same, to apportion the requisition aforesaid, without delay, among ovv ma # e ' ' all the holders of such slaves, so as to charge each slaveholder, as near as may be, with the same proportion of his male slaves between the ages of eighteen and fifty-five, capable of performing ordinary labor, as may be demanded from his county, city or town, throwing into classes, when necessary, the holders of- but one or a few slaves, and of fractions of slaves, and ascertaining by lot, or agreement be- tween the parties, or otherwise, the slave or slaves - to be sent to the public works from such classes, and giving, as far as practicable, re- lief to those upon whom the lot or draft may have fallen under any preceding requisition: provided, that in no case of a soldier in ser- proviso as to ■ a . i. ■ .i i i i -i i_ ;j- i • slave of widow. vice, or a widow having a son therein, or whose husband has died in &c such service, owning or hiring but one male slave, shall such slave be subject to requisition under this act. But no slaveholder shall be exempted by reason of having slaves in the employment of the state or confederate government. 44 . * MILITARY AFFAIRS. How slaves de- 4. So soon as the apportionment aforesaid shall be made, it shall be the duty of the courts of the' several counties and corporations to require each slaveholder to deliver, on a day and at a place appointed by the court, his quota of slaves to the sheriff or sergeant, as the case may be, to be delivered by such sheriff or sergeant to an agent or officer of the Confederate States in the city of Richmond, at the when returned expense of the Confederate States. All slaves delivered by the holders on the day and at the place designated as aforesaid, to.be How seized, and returned at the expiration of sixty days. Slaves not delivered in ac- cordance with the order of the court, shall be seized by the sheriff or sergeant, as the case may be, and delivered, at the expense of the owner, to the agent or officer of the Confederate States authorized, to receive them, and may be held, on the. terms and conditions afore- said, for a period not exceeding - ^ninety days, unless sufficient cause for the failure shall be shown to the court of the county or corpora- tion in which such failure may occur, and there entered on record ; Expenses, how in which event, the expenses of said delivery shall be paid by the Confederate States, and a certified copy of such order shall be con- Fine elusive evidence of such sufficient cause; and moreover, the holder of such slaves shall be fined not less than three dollars nor more than Sheriff to report ten dollars for every day each slave shall be withheld ; and it shall be the duty of the sheriff or sergeant to report to the court, at its next succeeding - monthly term, all persons failing or refusing to deli- Fme and execu- ver their slaves as aforesaid ; and unless good cause be shown for such failure or refusal, the court shall impose said fines, for which an execution shall be forthwith issued by the clerk of the court ; which fines shall be repeated from time to time, until the order of court is complied with. Any sheriff failing to discharge the dutie* imposed by this act, shall be fined not less than fifty dollars nor more than two hundred dollars. Detail of slaves, 5. It shall be lawful for the proper authorities of the Confederate States, whenever in their opinion the public interest may require it, to detail for labor in the business and at the place from which they have been taken, any slaves drafted under the provisions of the act hereby amended, or of this act ; but in no case shall the.deficiency in labor on the public works, caused by such detail, be supplied by a new draft on the other slaveholders of the county, city or town in which the detail may be made ; and any slaves which shall be ex- empted from impressment or draft by any law of the Confederate States, shall be regarded as detailed under the provisions of this act. clerk and sheriff 6. The clerk and sheriff or sergeant shall attend the sessions of to attend court ,, , . . , ' ... „ the court as in other cases, and the court may adjourn from time to time until the business shall be completed. Duty of clerk 7. Should any county or corporation court fail or refuse to dis- charge the duties hereby imposed on them, wholly or in part, it shall be the duty of the clerk of such court immediately to notify the MILITARY AFFAIRS. 4-5 governor thereof; and thereupon it shall he the dutj' of the latter, i>uty of gover- unless good aud sufficient reasons be stated by the court for such failure or refusal, by officers and agents of his own selection, with the aid of the commissioners of the revenue of such county or cor- poration, who are hereby required to render such aid when required, to impress from said county or corporation such proportion of the slaves demanded by him therefrom as may not have been furnished under the provisions of this act. The slaves thus impressed, together with such as may have been furnished by such county or corporation under this act, shall not exceed one-fifth of the number of male slaves therein between the ages specified, capable of performing ordinary labor: shall be apportioned among the slaveholders, as herein above set forth, and shall "be turned over to an authorized officer or agent' of the Confederate States, to be held not longer than sixty days, for the uses and upon the terms and conditions set forth in the first sec- tion of this act. Separate receipts shall in all cases be executed to Receipts, how the owners by the sheriff or other person seizing or taking possession of slaves under this act; and receipts shall in like manner be taken by the sheriff or other person holding them, when slaves may be turned over to the agent or officer of the Confederate States. Slaves coming into the possession of the sheriffs, sergeants or,agents of the governor under this act, shall be regarded as in the possession and service of the Confederate States and at their expense, until rede- livered to their owners. For every seizure of a slave by a sheriff or Fee of sheriff sergeant under this act, he shall be entitled to a fee of five dollars, to be paid by the person failing to deliver such slave. 8. In making the requisition authorized by this act, the governor Requisition to be is required to equalize the burden, as near as may be, among the equa ize several counties, cities and towns of the commonwealth, and amongst the citizens thereof, having, when practicable, due regard to the num- ber of slaves theretofore furnished by any counties or corporations, or the^citizens thereof, under the provisions of the act of October third, eighteen hundred and sixty-two, and of this act, and under any call heretofore made by the president or secretary of war, or any officer of the confederate army; and for this purpose, it shall be the Number and duty of the county and corporation courts, as soon as may be, to for- to be forwarded ward to the governor the number and time of service, of any slaves heretofore furnished under any call as aforesaid, so that the equaliza- tion intended by this section may be made to apply to any future call for labor by the confederate government. 0. Under any requisition made upon any county, city or town, it slaves to be in shall be lawful for any number of persons who may be required to geer or agenT furnish not less than thirty nor more than forty slaves, to place such slaves in charge of an agent or overseer selected by such owners, who shall deliver them to the confederate authorities, at the place where the labor is to be performed, at the expense of the Confederate States; and such agent or overseer, if a fit and proper person, shall 46 MILITARY AFFAIRS, be employed by the confederate government as the agent or overseer How discharged in charge of the slaves during their service of sixty days; and such overseer or agent shall not be discharged by any officer of the con- federate government, except for good cause, to be approved by the secretary of war; provided, that if the requisition on any county, city or town shall amount to only twenty slaves and less than thirty, in such case an overseer or manager may be selected as aforesaid. Subsistence 10. The owners of slaves may furnish them subsistence and pro* Visions, and in such event shall be allowed commutation in money in lieu of rations, equal to the commutation allowed soldiers in the service. . . Slaves sent vol- 11. All slaves sent voluntarily by their owners to the confederate authorities, and accepted by them, shall stand on the same footing as if sent under the proceedings required by this act. 12. This act shall be forthwith communicated by the governor to the ' president of the Confederate States. Any request, for slaves hereafter made by the president on the governor shall be regarded an assent to and acceptance of all the provisions of this act by the Confederate States. Commencement 13. This act shall be in force from its passage. Act to be com- municated to president Chap. 7. — An ACT to amend and re-enact the ]2th section of an act passed March I3th, 1863, entitled an act to amend and re-enact an act further to provide for the Public Defence, passed October 3d, 1862, and to amend the title of said act. Passed March 30> 1663. 1. Be it enacted by the general assembly, that the twelfth section of the act passed March thirteenth, eighteen hundred and sixty-three, entitled an act to amend and re-enact an act further to provide for the public defence, passed October third, eighteen hundred and sixty- two, be amended and re-enacted so as to read as follows : " § 12. This act shall be forthwith communicated by the governor; to the president of the Confederate States, and shall be regarded an act regulating the mode in which and the terms upon which slaves in this state shall be impressed by the confederate authorities, under the act of congress entitled an act to regulate impressments, ap- proved March twenty-sixth, eighteen hundred and sixty-three, to the extent provided for in the act to which this act is amendatory. Any call for slaves hereafter made by the president on the governor, shall be regarded an assent to and acceptance of all the provisions of this act by the Confederate States." Title amended 2. Be it further enacted, that the title of said act of March thir- Act of 1863 amended How amended As to impress- mentB MILITARY AFFAIRS. . 4? teenth, eighteen hundred and sixty-three, he amended and re-enacted so as to read as follows : "An act to amend and re-enact an act further to provide for the Title puhlic defence, passed October third, eighteen hundred and sixty- two, and to regulate the impressment of slaves by the Confederate srovernment." Chap. 8. — An ACT to amend and re-enact section 3d of an act passed May 14th, 1862, entitled an act to organize a Home Guard. Passed March 30, ] 863. 1. Be it enacted by the general assembly, that the third section of Act of 1862 an act passed May fourteenth, eighteen hundred and sixty-two, en- titled an act to organize a home guard, be amended and re-enacted §o as to read as follows i ■ . ■ " § 3. The said companies shall operate as a guard and police Guard, &c for their respective counties during the war, and shall arrest all de- Deserters, how serters from the army found within the limits thereof; and the officer arre8ie in command is hereby authorized to order such force to rendezvous at any point that he may determine upon, whenever in his opinion the interests of the county may require it. Whenever two or more com- when major panies shall be organized in a county, they may elect a major, who may shall be commissioned by the governor to command the whole : pro- Proviso vided, however, that the troops hereby authorized to be raised shall not be marched beyond the limits of their respective counties, against their consent, or kept in active service for more than thirty days at any one time." 2. This act shall be in force from its passage. Commencement . • Chap* 9. — An ACT to refund Money received for Exemption from Military Duty. Passed January 19, 1863. Whereas the exemptions intended and provided by the act of preamble assembly entitled an act providing for the exemption of certain par- ties upon, religious grounds, passed March twenty-ninth, eighteen hundred and sixty-two, by subsequent legislation of the congress of the Confederate States, may have been rendered of none effect to parties who, upon the faith of said act of assembly, have paid motley to the state according to the provisions thereof: Therefore, 1. Be it enacted by the general assembly of Virginia, that in all when money to eases where such persons have served in the army of the Confederate a^duoT^^ by 4S MILITARY AFFAIRS. States, in pursuance of the legislation of the Confederate States, or shall have paid the commutation for such service, as specified in the legislation aforesaid, the auditor of public accounts be authorized and required to issue his warrant upon the treasury of the common- wealth, in favor of any such person from whom commutation money may have been or may hereafter be received into the treasury under said act of assembly, or who may have served in the confederate army, and shall have continued in service or been discharged there- from, for the amount actually so received, but not including any costs attending the collection. 2. That any sheriff of a county or collector of taxes for a city or town, who may have in his hands commutation money received under the provisions of the said act of assembly, and not yet paid into the state treasury, be authorized and required to refund the same, de- ducting his commissions for 'collection, to such person or persons as aforesaid, from whom the same may have been collected ; and the receipts of the parties to whom such repayments shall be made, shall be vouchers to such officers in their settlements with the auditor of public accounts, required by said act of assembly. Commencement 3. ' This act shall be in force from its passage. When sheriff may refund Xct of 1863 amended When auditor issue warrant Costs Chap. 10.- — An ACT to amend and re-enact the 1st section of an act entitled an act to refund Money received for Exemption from Military Duty, passed January 19, 1863. Passed February 5, 1863. • 1. Be it enacted by the general assembly, that the first section of the act entitled an act to refund money received for exemption from military duty, passed January nineteenth, eighteen hundred and sixty-three, be amended and re-enacted so as to read as follows : • " § 1. Be it enacted by the general assembly of Virginia, that the auditor of public accounts be authorized and required to issue his warrant on the treasury of the commonwealth, in favor of any person from whom commutation money may have been or may hereafter be received into the treasury, under said act of assembly, for the amount actually so received, but not including any costs attending the collection." Commencement 2. This act shall be in force from its passage. M-JLITARY AFFAIRS. ; 49 Chap. 1 1. — An ACT to amend and re-enact the 1st section of an act entitled an act to 'refund Money received for Exemption from Military Duty, passed January 19, 1883, and for other purposes. Passed March 19, 1S63. 1. Be it enacted by the general assembly, that the first 'section of Acts of ie -» 2. This act shall be in force from its passage. Comw«>*:em«it Chap. 13.— An ACT authorizing the Auditing Board Pb pay Junior Majors of Militia Regiments, for Service actually performed.. Passed March 19, 1S63 V . 1. Be it enacted by the general assembly, that whenever any re- junior rnafcrs, gunent of Virginia militia has been called into service by competent w eB p/v,d 4 50 Military affairs. authority, in which there shall have been two majors appointed an<$ commissioned according to law, and the junior major shall have ac- tually served therein, it shall he lawful for the auditing hoard, upon- proof of such service, to allow compensation to the said junior major: for fhe time he shall have actually served, at the rate of one hundred' dollars per month ; to be paid as other allowances made hj them arc paid. commencement %. This act shall be in force from its passage. Chap. 14. — An ACT amending and re-enacting an ordinance of fhe Con- vention concerning the Aids to the Governor. Passed Martin 25, 1863. Ordinance 1. Be it enacted by the general assembly, that the ordinance passed June twenty-ninth, eighteen hundred and sixty-one, entitled an ordinance concerning the appointment of aids by the governor of the commonwealth, shall be and is hereby amended and re-enacted so as to read as follows : Number of jiids " § 8. The governor of the commonwealth is anthorized- to ap- fppoiuT may point, during the war, three aids, wish the rank of lieutenant «oloneI : who to receive of cavalry ; but only one of said aids, to be designated by the go- pay vernor, shall receive any pay, emoluments or perquisites for Iris ser- vices ; and he shall be entitled to *he pay of saptain of cavalry." Commencement 2. This act shall be in force from its passage. Chap. 15. — An ACT establishing an Agency in the City of Richmond, fo? receiving and forwarding Clothing, Shoes and other supplies to Virginia Soldiers. Passed March 9, 1863. Agent, how ap- 1. Be it enacted by the general assembly^ that the governor be aeiTor" ' an U an d he is hereby authorized to appoint an agent, who 3hall reside in the city of Bichmond, whose duty it shall be to receive and forward to the soldiers and offieers in % the confederate service from the state of Virginia, any contributions of clothing, shoes or other supplies which may be furnished by the families or friends of such soldiers or officers. The said agent shall also receive and take eare of all hos- pital stores that may be contributed or purchased for the use of the sick or wounded soldiers of Virginia, and shall give out and dispense the same on requisitions from the attending physicians or snrgeone of such sick or wounded soldiers. r>er>ot, how pro- 2. The agent so appointed shall, under the direction of the gover- military ai'tairs. ol .'wot, -provide a suitable place in the city of Richmond, for the deposit and safe keeping of such contributions until the same can be trans- ported to the pla-ces of their destination. He shall make such ar- Transportation. rangemcnte as may be practicable witii the quartermaster's depart- cnent of the Confederate States, for the safe and speedy transporta- tion of such contributions ; and he may hire means of transportation, or with the approval of the governor, he a*ay purchase wagons and teams for that pin-pose, and employ teamsters and other -agents to aid and superintend the safe and speedy teassmission -of articles de- posited with said agent. ■3. It shall be the duty -of said agent, as scon as he shall have re- ©uty of a^ent 'ceived his appointment, and shall have secured a suitable place of deposit for the contributions which majr be made, to advertise for three months, in all the newspapers published in the city of Rich- mond, the purposes and objects of his agency, and the p!ace of his location. He shall receive a salary not exceeding fifteen hr.ndrcd.S;uary dollars, ancUsliall, if necessary, employ clerks, not exceeding two in Clerks number, who shall receive a salary not exceeding seven hundred dollars each : provided, that nothing herein contained shall .prevent Soldiers may be the detailing of soldiers unfit for field duty, to act as the agent or 'clerks, in lieu of the oSicers aforesaid, whenever the consent of the Confederate States government can be obtained therefor ; provided, Bond, hew gftjaa that before the agent to be appointed by the governor shall proceed to discharge the duties of his agency, he shall enter into bond with approved security, before the clerk of the circuit court of the city of Richmond, in the penalty of twenty thou3and dollars, with a condi- tion for the faithful performance of all the duties required by this ■act. And any party who may be injured by the default or negli- Remedy a^ainta gence of said agest, may reee'ver judgment against him, by motion, asrea ' •upon ten days' notice, before the circuit court of the city of Rich- mond. 4. In order to carry out the purposes of this act, the sum of Appropriation twenty -five thousand dollars is hereby appropriated. 5. This act shall be 'in force from 'its passage. Commea'ceaent 'Chap. 16.— kn ACT to authorize the use of the lails of the State by the Confederate States. Passed March 16, 1863, 1. Be it enacted by the general assembly, that any pel-son who when persons lias been or may be hereafter arrested upon due authority, and co^fed^ratelawe charged with violating any military law of the Confederate States, ^^0°™^ shall, upon the warrant of commitment of the officer or person snaking the arrest, be received into jail by the jailor of any county 52 MILITARY AFFAIRS.- — -SALT, or corporation of this commonwealth, and by him safely kept, accord- ing to the -warrant of commitment, imtil discharged by the proper p-SvrJ authorities, or by due process of law. But this section shall "not be construed to exclude from such jail any prisoner who has been or may be committed thereto by any of the authorities of this common- wealth. - ^ feia c-r jailor 2.' The jailor shall, for the support of any such prisoner, be paid by the Confederate States the same amount allowed by law for keep- D'.-'yof jailor mg and feeding other prisoners. And the. jailor, for a failure of duty as to any such prisoner, shall be liable to the Confederate States indike manner as he would to the state in case of -a prisoner com- mitted under its authority. ISa-CEfft'lKCIlt 3. This act shall be in force from its passage, and continue in forc^ during the present war, Chaf. 17 .-—All ACT to provide for the Production and Distribution of Salt. fassed March 30, 1863. Su^srWndout !• Be it enacted by the general assembly, that there shall be and sa/iry works is hereby created the office of "superintendent of salt works," with an annual salary of five thousand dollars, payable quarter yearly. Haw elected Such superintendent shall be elected by the general assembly, at its present session, and annually thereafter, while this act is in force, how removable and shall be removable only by joint vote of the two houses, or in the recess of the assembly, by the board of supervisors herein after B*n<5 hew given mentioned. Ho shall, within thirty days after his election, enter into bond, with sufficient sureties, before the secretary of the common- wealth, to be approved by him, in the penalty of two hundred thou- sand dollars, conditioned for the faithful discharge of his duties under ;.£.«« of -.a this and any future act. In case said superintendent fail to execute ti ~" y said bond as required, or from any cause a vacancy may occur, another shall be appointed by said board, subject to the same terms ^ and conditions. And that whenever the superintendent shall become interested directly or indirectly in the manufacture or sale of salt, his office shall be declared vacant, and his successor appointed by the . board of supcrvisoi's : and provided, that the superintendent who shall be elected by the general assembly, shall in no event become inte- rested in the property leased to or purchased by the state, as sub- lessee or sub-contractor, or otherwise. Duties of surer- 2. The superintendent shall, under the control and management wnendent ^ ^ c board of supervisors, manage and dispose of the property, real and personal, leased, acquired and held of Stuart, Buchanan and Company, under a contract made by the .commonwealth with said Stuart, Buchanan and Company, bearing date the twenty-fifth day of SALT. • ' ■ 0& March, eighteen hundred and sixty-three, and 6uch other property as may be acquired under the provisions of this act. He shall also, un- Power?, nnder "der the like control of said board, have power to lease any real pro- perty, and to purchase -any personal property necessary to secure a supply of salt for the people of the commonwealth, and the distribu- tion of the same ; to contract for all needful supplies, and to hire all necessary labor for operating the said works ; and if tmable to agree upon the prions to be paid for said leases or personal property, sup- plies and labor, with the owners, he shall have power to impress the same, under the control of said board ; and if the said Stuart, Bu- chanan and Company shall fail to comply with their said contract, or any part thereof, the said superintendent shall have the like power and authority to impress their property described in said contract. 3. The board of public works shall, ex-offieio, constitute a board Board, iio-w «aiy of anaes- third ; and it shall he the dnty of these three, or a majority of them, to assess the value of all property impressed under this aet. They shall mafce duplicate statements of every such assessment, and which being endorsed by the superintendent, they shall return one copy thereof to the board of supervisors, and deliver the other to the owner of the property taken. Upon such certified statement, jth* owner may demand and receive payment from the treasury of the f{ow, : n ease amount so assessed. If the owsier in any ease fail or refuse to ap - ( vvii-iT refuse to . ,. , i, ? " i , ■• ' anoint assessor posnt an assessor, the assessment shall be made by the assessor ap- > pointed by the superintendent ; and' thereupon,, like proceedings shall be had as in other eases. Assessor* of real 8. For an assessment foif the use of real property, the board of appointed supervisors- shall appoint the assessor on behalf of the commonweal tin and said board shall select the arbitrator to be chosen by the state, under the contract with Stuart, Buchanan and Company, for ascer- taining the price to be paid for the lease and property agreed to be sold by said contract. Appeal, wii»a 9. Appeal shall lie from the decision of the assessors to the circuit ftUorceci ...... . . - court oi the county or corporation in which the property is impressed ; and the proceedings shall be, mutatis mutandis, according to the eleventh and twelfth sections of chapter fifty-six of the Code of Vir- ginia, edition of eighteen hundred and sixty ; except that the com- monwealth shall not be required to pay the money into court, nor to the party entitled thereto, before the decision of the appeal ; nor No fnjusctiontfr shall any court or judge grant injunction, for any cause, to restrain . • the commonwealth from taking possession of the property impressed. Yr-ination, ho-.y 10. The superintendent's certificate, approved by the board of supervisors, shall entitle the holder, whose property may have been purchased or hired, to present the same to the auditor of public ac- counts, and receive payment thereof; and in like manner, shall en- title Stuart, Buchanan and Company to receive the amount that may be ascertained to be due them under the contract aforesaid. -* ' Salt.,- how sola 11. The salt so manufactured shall be sold at cost^ for cash, and 3:1 CehvL ' red ] )e distributed to the different counties, cities and towns, through duly accredited agents, to be appointed by the county and corporation- courts respectively, or where said courts cannot meet because of the presence or proximity of the public enemy, by the board of super- visors, on the recommendation of any three or more justices of said county, or of the senator and delegate or delegates representing such Trice, how fixed county in the general assembly; and in order to do so, it shall be the duty of the board of supervisors from time to time to ascertain, as near as may be, the actual cost of production and distribution, and fix the price accordingly, so as to cover such entire cost. - . . -SALT. 5S 12, "Any surplus of salt, after, supplying the wants of the people Surplus, haw «of this state, may be sold to the confederate government, or to any 1Si>0b<: of the states, or to citizens thereof, under rules and regulations to be prescribed by the board of supervisors. . 13. The superintendent shall make monthly reports of his trans- Monthly reports •actions to the boaril, and shall account to tkem for all funds received dent by him, and shall pay the same into the treasury, when ordered by &he said board. t 14. The board of supervisors shall make report of their proceed- Monthly report* dngs under this act, monthly to the governor, and shall also report to pervisora ithe general assembly, at each of its sessions during the continuance of this act. 15. The sum of &ne million of dollars is hereby appropriated to Amount appro - .carry into effect the provisions of this act, to be paid out of any' money in the treasury not otherwise appropriated ; and such additional .sums are hereby appropriated as may be paid into the treasury from lime to time from the proceeds of the sale of salt, or so much thereof ;as may be accessary for the purposes of this act. 16. All acts and .parts of acts inconsistent with this act .arc hereby Repcaimgciaa&s (repealed. 17. This act shall fee in force from its passage. ' Connnencenj«H* Chap. 18. — An ACT to authorize tse appointment of an Inspector of Salt Passed March 30, 1863. 1. Be it enacted by the general assembly, that the board of public inspector -of works shall appoint an inspector of salt, to reside at Saltville; and pointed™ ap sfor every five bushels thereof inspected, one-half of one cent shall ,> be charged, and at that rate for any less quantity than five bushels ; which fees shall be* paid to fee inspector by the producer of the salt; and no salt shall be transported, sold and delivered, or removed from' salt to be in- ihe plaee where it is produced, unless inspected. .' - spected 2. The board ©f public works may eaase the salt produced by the Salt of state to state to be inspected in like manner, and for which like fees may be e 1HSpec paid to the inspector. If any person shall transport or remove, or attempt to transport or remove, or sell, or offer to sell any salt, with- out the same having been Inspected, he shall forfeit five dollars for each barrel, cask, box or bag so, transported, removed or offered for 3. The board of public works may prescribe further rules and re- Rules and regw ■gulations for the inspection of salt; but no inspection shall be had of scribed owpre ~ ,salt manufactured by the agents manufacturing for other states. 56 SALT. CHANGES IN CODE. ■ 4. Any inspector, with the approbation of the board of public works, may appoint one or more deputies to assist him, for whose acts his principal shall be liable, and be entitled to the same fees as his own! 5. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. ttommeneement 6. This act shall be in force from its passage-. Chap. 19. — An ACT to amend and re-enact an. act entitled an act to amend section 11 of chapter 2& of the Code, so as to exempt i'he property of per- sons in the military service of the State from distress for rent payable ia money, passed February 19th, 1862. • Passed February 16, 1803. Act of 1862 1. Be it enacted by the general assembly, that the act entitled an ".mended a ct to amend the eleventh section of Chapter twenty-nine of th@ Code, so as to exempt the property of persons in the military service of the state from distress for rent payable in money, passed February nineteenth, eighteen hundred and sixty-two, be amended and re-en- aeted so as to read as follows ? .u#ai proceed- " § 11. No proceeding shall be had at law or in equity against the sona ia military person or property of any one ordered into actual service, whether of nervi«e this state or the Confederate 'States, or against his surety, from the time such person shall be ordered to the place of rendezvous until thirty days after his term of service shall have expired ; and if any such proceeding has' been or shall be commenced, the court in which, or the justice before whom it may be had, at any stage of such pro- ceedings, in the discretion of said court or justice, may dismiss, dis- continue or stay the same, or make such^ other order in regard thereto as may be deemed proper to give effect to the provisions of this sec- tion : nor shall the property of any person be sold under any deed of trust while he is in such actual military service, nor for thirty days after his term of service shall have expired. The exemption provided by this section shall not apply to proceedings in criminal cases, nor to any suit or proceedings against any person for a tort, nor to any person who shall have incurred a liability as an officer of the conu monwealth or of any court, or to any of his sureties as such officer, or to any person who shall have employed a substitute to perform hia tour of duty ; nor shall it prevent the granting or reinstating of any injunction : provided, however, that trials in actions for tort against such persons may be stayed by the court, in its discretion in which ' such action is brought, so long as such person may be in such actual military service." ♦ Oojameaccment 2. This act shall be in force from its passage.. .CHANGES IN CODE. 57 Chap. 20.— An ACT amending and re-enacting the 19th section Chap. 22. — An ACT to amend and re-enact section 41, chapter 58 of the Code of Virginia (edition of 1860), so as to authorize Banks to increase their Contingent Funds-. Fassed March 7, 1863. Code amended 1. Be it enacted by the general assembly, that section forty-one, chapter fifty-eight of the Code of Virginia (edition of eighteen hun- dred and sixty), be amended and re-enacted so as to read as follows : Rate of dividend " § 41. There shall be no, dividend of profits of a higher rate than Surplus fund six per centum per annum on the capital paid in, until the bank shall have & surplus or contingent fund arising from profits, of at least five per centum of its capital stock : nor shall any dividend of pro- . fits be made, by which such fund is reduced below the said five per Mraitation of centum. But the said fund is hot at any time to v be more than twenty .furp us un ^^ cen £ um ^ on foe capital paid in) over and above the bad and doubtful debts. So much of said fund as may have 'accrued at any branch, shall be left with such branch until it may be wanted to meet losses sustained by the bank." Commencement 2. This act shall be in force from its passage. Chap. 23. — An ACT to amend and re-enact section 22 of chapter 108 of the Code of Virginia (edition of ISfiO). rassed January 24, 1863 Code amended 1. Be it enacted by the general assembly of Virginia, that the twenty-second section of chapter one hundred and eight of the Code CHANGES IN CODE. , 59 of Virginia (edition of eighteen hundred and sixty), be amended and ' re-enacted so as to read as follows : " § 22. The commissioner shall alphabetically arrange each of the Duty of commas- books so to be kept by him, and shall make and subscribe an affidavit therein, to the effect that he has pursued the directions in this act, ac- cording to the best ol his skill ; and Be shall return his said books to the -clerk of the court of his county, on or before the first day of June. In addition to the compensation now allowed by law to com- Compensation missioners of the revenue, the sum of three* cents shall be paid to every such commissioner, for each birth and death listed and reported to the county or corporation clerk in said commissioner's district, under the provisions of this chapter, and that the same be paid out of ike public treasury, upon the certificate of the county or corpora- tion court, sett^ig forth ihe number of births and deaths returned, and that the said returns have been accurately and fully made, accord- ing to the laws regulating the same, and within the time prescribed thereby. If the auditor of public accounts shall be of opinion that Duty of auditor the failure to return a report of the births and deaths to the clerk within the time prescribed by law, was unavoidable, he may, not- withstanding such failure, pay such claim." 2. This act shall be in force from its passage. Commencemeat Chap. 24.— An ACT to amend the 12th section of chapter 10 of the Code of Virginia, so as to extend the time for filing Complaint in cases of Con- tested Elections. Passed January 27, 1863. 1. Be it enacted by the general assembl}', that the twelfth sec- Code amended tion of chapter ten of the Code of Virginia (edition of eighteen hun- dred and sixty), be amended and re-enacted so as to read as follows : " § 12. The returns of the elections of justices of the peace, of Return*, how clerks of the county and circuit courts, of attorneys for the common- enqnire wealth, surveyors, sheriffs^ commissioners of the revenue, constables and overseers of the poor, under this act, shall be subject to the enquiry, determination and judgment of the respective county and corporation courts, or of the county court, in case the election was for a county and city, upoti complaint of fifteen or more of the Complaint, how qualified voters of the county or corporation, or of the proper dis- trict, when the officer is elected by a district, of an undue election or false return ; two of whom shall ^ake and subscribe an bath or affir- mation that the facts set forth in such complaint are true, to the best of their knowledge and belief. And the said courts shall, in judging Duty of courts of said elections, proceed upon the merits thereof, and shall deter- mine finally concerning the same, according to the constitution and laws of this commonwealth: and such complaint shall not be valid, Time when com. 60 CHANGES IN CODE. plaint shall be filed Duty of clerk Proviso or regarded by the court, unless the same shall liave been filed within twenty days after the election, in the clerk's office of the proper court: and when the complaint is of undue election or false return of a justice of the peace, the clerk of the said court shall imme- diately certify to the governor the decree of said court, when made, and in whose favor such contested election shall have terminated; and the governor shall then commission such person in whose favor such contested election terminated. And in said last mentioned contested elections, in«case such complaint be filed in due time, the clerk shall transmit by mail, immediately to the governor, a certified copy thereof : and in such case, no commission shall be issued until the court shall have determined and adjudged on such complaint as aforesaid: provided, however, that when the complaint is of the undue election and false return of a justice of the peace, alr*the justices composing the court shall be summoned for the trial of the complaint, and a majority of those not interested in the .contest shall be present." Commencement 2. This act shall be in force from its passage. Chap. 25. — An ACT amending and re-enacting the 2nd and 5tb sections of chapter 34 of the Code of Virginia, entitled Virginia Military Institute. Passed March 30, 1863, Code amended 1. Be it enacted by the general assembly, that the second section of chapter thirty-four of the Code of Virginia be amended and re-enacted so as to read as follows : Board of visi- tors, how ap- pointed Board a corpo- ration " § 2. There shall be a board of visitors for the institution, com- posed of the adjutant general and eight other persons, two of whom shall be appointed from each grand division of the state, and four new members shall be appointed every second year; the appoint- ments to be made by the governor, by and with the advice of the senate. They shall be and are hereby declared to be a corporation, and as such, may sue and be sued for any cause or matter which has heretofore arisen, as well as for any cause or matter which may here- after arise."' Code amended 2. That the fifth section of the thirty-fourth chapter of the Code of Virginia (edition of eighteen hundred and sixty), is hereby • amended and re-enacted so as to read as follows : " § 5. Such reasonable expenses as the visitors may incur in the discharge of their duties, shall be paid out of the funds of the insti- tute." Commencement 3. This act shall he in force from its passage. CHANGES IN CODE. 61 Chap. 26. — An ACT to' amend and re-enact the 12th section of chapter 20 of the Code of Virginia, so as to compensate the Printer to the Senate for printing and binding the Journals of the Senate at Extra Sessions. • Passed March 4, 1863. 1. Be it enacted by the general assembly, that the twelfth section Code amended of, chapter twenty of the Code of Virginia be amended and re- enacted so as to read as follows : "§ 12. The senate may appoint annually a printer for that body, Annual 3.ilary of ,,,,_.. . * - ill printer to senate who shall, tor his annual salary, print and have bound two'hundred copies of the Journal of the Senate, with the index thereto of its regular sessions, and perform such other duties as the senate by its rules requires ; and all other work which he may do by order of the Extra work senate, shall be deemed extra work, and paid for as is extra work done by the public printer." 2. This act shall be in force from its passage. Commencement Chap. 27. — An ACT increasing the Compensation of the Interior Guard at the Penitentiary. Passed March 26, 1863. 1. Be it enacted by the general assembly, that the fifty-first sec- Code amended tion of chapter two hundred and thirteen of the Code of Virginia (edition of eighteen hundred and sixty), be amended and re-enacted so as to -read as follows : " § 51. . The compensation of the said guard shall be allowed and Compensation of certified by the board, at a rate not exceeding two dollars per diem guar for each person, and paid by the general agent." 2. This act shall be in force from its passage. Commencement Chap. 23. — An ACT to amend and re-enact the 16th and 38th sections of the ]4th chapter of the Code of Virginia, so as to increase the Salaries of certain Officers of the Penitentiary. Passed March 28, 1863. 1. Be it enacted by the general assembly, that the sixteenth and Code amended eighteenth sections of the fourteenth chapter of the Code of Virginia be amended and re-enacted so as to read as follows : " § 16, The superintendent of the penitentiary shall receive the Salary of safepi sum of twothousand dollars ; the first assistant keeper one thousand salary of asak- dollars ; the second, third, fourth, fifth, sixth and seventh assistant tanta 62 • CHANGES m CODE. keepers, eat-h nine hundred dollars. • Moreover, each of the Said assistant keepers shall be allowed one hundred dollars worth of the manufactures of the penitentiary, at the prices fixed by the directors, every year the labor and the manufactures shall amount to tlie sum Salary of sur- of thirty-two thousand dollars. The surgeon of the penitentiary and public guard shall receive the sum of one thousand dollars." Directors ■ " § 18. The directors of the penitentiary shall receive the sum of three dollars each for every day's attendance on the board : provided, that no director shall receive more than one hundred and fifty dollars Salary of clerk per annum.. The clerk of the penitentiary shall receive one thousand dollars." ' Proviso 2. Provided, that the compensation for services herein before pre- scribed shall remain and be payable until the expiration of one 3 ear after the ratification of a treaty of peace between the Confederate States and the United States, and no longer. Commencement 3. This act shall be in force from its passage. Chap. SD^An ACT concerning Bonds of Sheriffs. Pasted January 16, 1!?63. Cod©, &e. 1. Be it enacted by the general assembly, that chapter sixteen, entitled an act to amend the fifth section of chapter forty-nine of the Code of Virginia, as amended by an act passed June third, eighteen hundred and fifty-two, concerning bonds of sheriffs and other col- lectors of taxes, and ionds of constables, passed December twenty- third, eighteen hundred and fifty-seven, be amended and re-enacted so as to read as follows : Bond of sheriffs "From every person elected sheriff of any county or corporation* an serguan s fln( j f rorn evel y Be rgeant of a corporation who is collector of the taxes assessed therein, the court of such county or corporation shall take bond with sufficient security, in such penalty as it may deem suffi- Amount ■ cient ; which shall not be less than double the aggregate amount of fell taxes, militia fines and other public dues and the county levy and poor rates assessed and collectable in such county or corporation for the year next preceding the official term of such sheriff or sergeant; but the penalty of such bond shall in no case be in a sum less than thirty thousand dollars. Such bond shall be for the term for whicli such sheriff or sergeant may have been elected or may continue in When security office. If the security in the bond of any sheriff or sergeant shall cient 6 m8U be deemed insufficient, or if such officer shall fail to pay the taxes, Auditor may pe- militia fines and other public dues; or if the same be in a penalty less than this act requires, the auditor of public accounts may petition the court of the county or corporation for a new bond; and it shall be the duty of the court to examine into the facts of such petition ; C&ANGES IN CODE. G'i or it may, without such petition, require the execution of a new bond New bond in a penalty according to, this act, with good and sufficient security, and may at once suspend the official duties of such officer until such new bond be executed ; and if the same be not executed witbin a when court to rcinovo / reasonable time, shall remove such officer, and direct an election to fill the vacancy." ' 2.' This act shall be in force from it^ passage. Commencement ChaP, 30. — An ACT to amend the 39th section of chapter 184 of the Code of Virginia, so as to increase the Compensation of Clerks of Courts for public services. Passed March 11, 1863. 1. Be it enacted by the general assembly, that the thirty-ninth Code amended section of chapter one hundred and eighty-four of the Code of Vir- ginia (edition of eighteen hundred and sixty), be amended and re- enacted so as to read as follows : "§ 39. There shall be chargeable in every county or corporation Compensation for ^prviccs to such sum as the court thereof may, for services to the public of the clerks county or town, allow its- clerk and the sheriff or sergeantattending it, not exceeding for one year four hundred dollars to its clerk, and seventy-five dollars to its sheriff or sergeant ; and the corporation Corporation of court of Richmond may make such allowance as it may deem proper to its clerk and sergeant, for services for which no other compensation is made by law." 2. This act shall be in force from its passage. Commencement Chap, 31. — An ACT increasing the Compensation of Clerks of Courts during the existing war. Passed March 24, 1863. 1. Be it enacted by the general assembly, that the tenth section Code amended of the one hundred and eighty-fourth chapter of the Code of Vir- ginia, of eighteen hundred and sixty, be amended and re-enacted so as to read as follows, to wit : § 10. A clerk of a coimty or corporation court. Where a writing is admitted to record under chapter one hun- #ee for records dred and twenty-one, for every thing relating to it, except the recording in the deed book, to wit : For receiving proof or acknowledgment, entering orders, writing on it clerk's certificate, statement of deed in list returned 'to court, te~ 64 CHANGES IN CODE. Recordation of plat Course l>eed book Deed of trust on mortgage Swearing wit- nesses Recordation of will Order as to dece- dent's estuto Swearing per- gonal represen- tative One fee where more than one Licenses Marriage license Search Certificate Injunction bond cording in minute book, and posting same, and embracing' it in list for commissioner of the revenuc, f For recording a plat of not more than six courses, or for a copy thereof, - • * For every course above six, - For recording in the deed book such writing and all matter therewith, except plats, or for recording any thing not otherwise provided for, for every thirty words, In lieu of the said allowance of five cents for thirty words, the clerk may, for recording in' the deed book, elect to charge the following specific fees, to wit : Where the wri- ting is a deed of trust or mortgage, or is a conveyance of real and personal estate, or of real estate only, And where it is not such, For swearing the witnesses, and entering in the order or mi- nute book all orders in relation to the proof of a will which is admitted to record without contest, and copying such orders on the will, - For recording a will, and the matter recorded therewith, in the will book, at the option of the clerk, five cents for every thirty words,. or a specific fee of - If there be an order committing a decedent's estate to an officer, for entering and copying such order, and the orders of appraisement, - If any personal representative qualify, for swearing him and his surety, making out bond, entering and copying on the will order granting probate or administration, making one copy of such order for the representative, entering and copying orders of appraisement, and including case in said list, - - If several personal representatives qualify on the same estate, during the same term, only the same fee shall be charged as if one had qualified, to wit, - - For entering and copying an order granting a license and administering an oath where necessary, On an application for a marriage license, for administering and writing certificate of oath, issuing and registering li- cense, "and recording and giving receipt for certificate of the marriage, - - - For a search for any thing above a year's standing, except where the clerk, at the request of counsel, searches for pa- pers in a pending cause, - For recording a certificate and posting a copy thereof under the second section of chapter one hundred, For making out an injunction bond, administering all neces- sary oaths, writing proper affidavits, making out release of errors, copying same and endorsing on the summons that such bond and release are filed, - . ' - 75 75 1 20 50 50 75 1 50 1 50 1 20 1 50 15 75 1 20 CHANGES IN CODE. m For making out any other bond, administering all necessary oaths, and writing proper affidavits, For issuing a writ in the nature of an ad quod damnum, On receiving the copy of a caveat, for entering such cdpy, - For issuing a summons to answer a bill, with an endorsement thereon of an injunction, or of an order of attachment, and recording. return of same, - For issuing any other summons, or any writ not particularly provided for, and for recording the return where proper to do so, For each copy of any process which goes out of the office (with such process), to be used in serving it, one-half the fee for issuing such process. For noting in the process book any decree, order or process (except a summons for a witness), and taking a receipt therefor, _____ For postage paid by the clerk on a decree, order or process, and putting in or taking out of post office same, double, the amount of such postage. For entering in any suit, or in a motion for judgment for money, all the attorneys for each party, or the appearance in proper person of a party having no attorney who so appears, - For endorsing and filing each petition, declaration, bill, an- swer, or other written pleading, each bill of exceptions, demurrer to evidence, special verdict or case agreed, each written notice of the defence relied on in ejectment, or of a motion for judgment for money, and each report of a commissioner, and for entering each plea, replication or other pleading which is not written, - For endorsing and filing all the depositions and affidavits of witnesses, filed on the same side at any time, or all the written interrogatories .at one time from one party to ano- ther, or all the answers filed at one time to such interroga- tories, or the exceptions filed at one time -by either party to a commissioner's report, - If papers be filed on the side of the plaintiffs, for which no particular fee is allowed, a fee (not for each, but for the whole) of - - - • So, also, if p;iper3 be fjled on the side of the defendants, for which no particular fee is allowed, a fee (not for each, but for the whole) of - For issuing an attachment, with a copy of the rule or order for the s-ame (if sent out therewith), and recording the re- turn thereof, where proper to do so, . For issuing a scire facias, and recording the return thereof, or for issuing a commission to examine witnesses, adminis- 5 Any other bond $ 1 SO 1 30 Writ of ad quod- .,. damnum 40 caveat Summons to an- . swer bill 50 Any other »um- mons 30 Copy of prooess 30 Postage Appearance 15 .Filing ami en- dor.- ing petition Depositions 30 Filing papers for plaintiffs filing for defen dantH 30 Isfuing an at- tach men t 65 Scire facias 66 CHANGES IN CODE. Docketing Jury WTiere no jnry is impanneled Swearing wit- ness Administering oath Judgments, de- crees, &c Docketing Taxing coats Bxecntlon re- turned by con- tiCiiblo Transcript of record tering oath when necessary as the foundation thereof, and writing affidavit, r For ail the rules entered in any case on the same side, at the rules for one month, where any thing is done on such side at said rules, hesidcs entering or fding a pleading or con- tinuing the cas.e, - Where no proceedings are had in a case during any rules, except to continue it, the fee shall be at the rate of thirty cents for every quarter of a year the ease is so continued, and no more. For docketing any suit, or any motion for judgment for mo- ney (to be charged only once), ... Except that whore an action or motion is on the court docket at a quarterly term, if no decision or continuance be en- tered on it, there shall be a fee for putting it on the docket at the next term, of - - - - Where a jury is impanncled, for swearing the jury and wit- nesses, - - - - Where no jury is impanneied, if witnesses be examined by the court, for swearing such witnesses for either party, Where a witness claims for his attendance, fur administering an oath to him, and entering and certifying such atten- dance, - ■ . - • For administering any oath not before provided for, and wri- ting- a certificate thereof, where the case requires one, For all judgments, decrees, orders and proceedings (except entries of pleadings and matter otherwise provided for), which are entered on the fame day, for the same persons, at the election of the clerk, live cents for every thirty words (actually written on the minute or order-book, or upon the rule book, when final judgments are entered therein), or a specific fee of - - For docketing, under chapter one hundred and eighty-six, a judgment, decree, bond or recognizance, For taxing costs in any case, on one side, And if the. ease haa beet) pending more than a year, then for every additional year, - - - ■ - When an execution is returned by a constable in a case wherein there is no appeal from the justice's judgment, for 'filing the papers, And if t]ie clerk issue an execution in the case, for such exe- cution and all his other services in the case, until and in- cluding the record of the return of said execution (if it be returned before another issues), - For any other execution, the entry in the execution book, and the record of the return, ■ - For making out a transcript of the .record and proceedings in any case, in due form, so that the same may be used in 10 80 40 15 30 1 00 30 50 25 30 40 30 15 20 CO 60 CHANGES IN CODE. 67 an appellate court, for every thirty words, five cents ; and for making out, in any other manner than copying, any paper to go out of the office, which is not otherwise pro- vided for, the same, or in lieu thereof, if the clerk elect, a specific fee of - - - - - $ 40 For any copy to go out of the office, if it be not otherwise provided for, five cents for every thirty words, or in lieu thereof, if the clerk elect, a specific fee of . - - 40 For annexing the seal of the court to any paper, writing the certificate of the clerk accompanying it, and writing cer- tificate for the judge or presiding justice, if the clerk be requested so to do, - - - - 60 2. That the eleventh section of said chapter be amended and re-enacted so as to read as follows : § 11. A clerk of a circuit court. For a writ of supersedeas or other writ not used in a county court, . - - - - 75 For making out the bond upon issuing any such writ, ad- ministering necessary oath, and writing proper affidavits, m 75 Upon anj T such writ, for endorsing and filing the petition therefor, or when the writ is returned, for filing it, with the return thereon, - - For filing the record upon an appeal, or on such writ, When the clerk of the court of appeals issues process on an appeal, writ of erroi* or supersedeas, for making out the bond, administering the necessary oaths, writing proper affidavits, and endorsing on the process a certificate of the execution of the bond, and eg For entering in the rule book the -return of all process re- turnable to the same rule day, a fee, not for each defen- dant named therein, nor for every such process, but for the whole of the defendants named in all such process, of • 50 For all the rules entered in any case on the same side at the rules for one month, when any thing is done on such side at said rules, besides entering or filing a pleading or con- tinuing the case, -. - - - 75 Bxeentioo For any execution, the entry of the case in the execution book, and the record of the return, unless a higher fee be allowed therefor, - - - - 75 For issuing at Uu*h'iiOnt8 Proctss BxMtliU Exhibit g with r-omnrnBiouer's report Oomroen<*tnent & This act shall be in force from its passage, and continue in foroe ■ ndconStauatlcn until the ratification of a treaty of peace between the Confederate States and .the United States, whereupon the Jaws in force immedi- ately before the passage of this act, regulating the fees of clerks of courts, shall be deemed to be in force. CHANGES IN CODE. 69 Chap. 32. — An ACT to authorize Town Councils and County Courts to condemn land for Hospital purposes. Passed January 26, 1863. 1. Be it enacted by the general assembly of Virginia, that the Code amended first section of chapter eighty-six of the Code of Virginia (edition of eighteen hundred and sixty), be amended and re-enacted so as to £ read as follows : "§ 1. The council of any town or the court of any county may Powers of eona- establish in such county, ov in or near such town, hospitals, which shall be subject to regulations not contrary to law, made by such council or court: and if they cannot agree with the owners upon Land* and' " tit i "liouw'JB, how terms or purchase or rent ot houses and land necessary tor that pur- condemned pose, they are hereby authorized to condemn and take possession of the same forthwith, and to hold and occupy for such time as may be deemed necessary. A just compensation to the owners thereof to be ascertained in the manner provided for in the fifty-sixth chapter of the Code of Virginia (edition of eighteen hundred .and sixty), and allowance shall be made therefor in the next count}'* or town levy : provided, that this act shall not be construed so as to authorize the Limitation condemnation or seizure of any of the buildings of the university, or of any college or academy, or any building used for a school : and Proviso provided further, that no dwelling house actually occupied as such ' . by any white person, shall be condemned under the provisions of this act." 2. This act shall be in force from its passage. Commencement Chap. 33. — An ACT to enlarge the Tower of Special Tonus of Circuit Courts iu certain cases. Passed January 19, 1863. ♦ 1. Be it enacted by the general assembly, that the thirty- second Code amended section of chapter one hundred and fifty-eight of the Code »cv3!cnt 2. This act shall be in force from its passage. Chap. 34.— -An ACT to limit the production of Tobacco and increase tbe production of Grain. Passed March 12, 1863. rjf-umbio Whereas the comfortable support of our soldiers in the field, and ' the maintenance of their helpless families at home, is not only a duty * of patriotism and humanity, but is absolutely essential to the suc- cessful prosecution of the struggle for independence in which we are engaged : and whereas the actual or threatened occupation of a large portion of the state by the public enemy, and the devastation of other portions of it, leaves but a small portion, comparatively, in which the pursuits of agriculture can be peacefully and safely followed, and from which both army and people are to be subsisted : and whereas it is of the last importance that the labor of this portion of the state shall not - be diverted from the production of grain into other chan- nels, so as to incur the hazard of a want of bread : fvi.iKctioD of 1. Be it therefore enacted by the general assembly, that it shall not be lawful For any person, either for himself or another, to plant, Number of within the limits of this state, in any one year, a danger quantity of Hand" ei °» tobacco than twenty-five hundred plants for eacli hand between the ages of sixteen and fifty-five years, actually and regularly employed Proviso; iu the cultivation thereof, as^i field hand : provided, that it shall be lawful for any planter to plant a crop of ten thousand plants; and no planter shall plant a crop of more than eighty thousand plants. Lint.«rf field 2. It shall be the duty of every person engaged or intending to iierprv on oatiJ en engage in the cultivation of tobacco, either for himself or another, * annually to render on oath to the commissioner of the revenue of the county and district in which such person may reside, # an accurate list .i,i«.t «o he re. of all such field hands; which list the said commissioner is hereby Verty books >r ° required to take and return with the property books. p-na)'y for vio- 3. Any person violating the provisions of the'first section of this Iron" 1 ' nnt 8? ° act s ^ a " ne deemed guilty of a misdemeanor, and shall be fined in Amwnt of fine a gom 110t ] ega t j ian fl ve i lurjC i r(?t i dollars nor more than five thousand Forfeiture of the dollars; and shall moreover forfeit the full value of all the tobacco ,■ produced by him beyond tbe amount specified in said first section ; h«w forfeiture to be paid to the county court of the county in which the offence may have been committed, and applied in defraying the expenses in- curred by such county in providing for soldiers in service, and sup- porting their families. diHpoK<><1 of TOBACCO. GENERAL ASSEMBLY. ELECTION LAWS. 71 ■ 4. For a violation of the second section of this act, either by a Penalty for vio- planter or commissioner of the revenue, the offender shall he deemed portion guilty of a misdemeanor,* punishable by a fine of nor, less than ten dollars for each offence. 5. It shall he the duty of the judges of the circuit courts, and of Duties of fhe the attorneys for the commonwealth in the county courts, to givei? )H ftgand C att©r- this act specially in charge«to the grand juries of the several coun- commonwealth ties ; and it shall be the duty of the commissioners of the revenue to Duty of commi*- inform the attorneys for the commonwealth in their respective conn- revenue ties, of all violations thereof which may come to their knowledge ; and the said attorneys shall cause the offenders to be prosecuted. 6. This act shall be in force from its passage, and shall continue Commencement in force during the existing war with the United States, and no longer. Chap. :;.">.— An ACT to secure Representation in the General Ass-mbiy for Senatorial Districts, Counties, .Cities' and Election Districts within the power of the Public Enemy. Passed March 9, 1863. I # 1. lie it enacted by the general assembly, that whenever, in con- When senator e . . , ,,. • . ,,-, ., or delegate may sequence or the presence or the public enemy, vacancies exist m tne be admitted representation of any senatorial district, city, county or election dis- . trict, it shall be lawful for the senator or delegate, as the case may be, who last represented such district, county or city in the general assembly, provided he be a loyal citizen of this commonwealth, to continue to discharge the duties of the office until successors, resp.ee- t tively, may he dujy elected and qualified. 2. So soon as the presence or power of the publicenemy is with- When writ to he drawn from any such district, county or city, writs shall be issued, in the manner prescribed by law, for an election to fill the office for the residue of the term. The compensation of the office shall be - payable to the persons discharging the duties thereof, for the times only of their respective service. 3. This act shall be in force from its passage, and contfhue in Commencement force during the existing war. Chap. 30. — An ACT to provide for voting by persons in the Military Service, and persons absent from their respective Counties and Corporations on account of the presence of t'tie Public Enemy, in Elections for Members of Congress, and for Governor, Lieutenant Governor and Attorney Gene- ral, and for Members of the. General Assembly, and to amend and re-enact the 3d section of chapter 8 of the Code of Virginia (edition of i860). Passed March 26, 1863. ' 1. Be it enacted by the general assembly, that during the present when persons w 72 ELECTION LAWS. military tjiwke war the qualified voters of" this commonwealth, who may be in the jmsv vote .... ■ <• ,i ,• .1 ™ ,. i r ' , -, military service ot the state or oi the Confederate States, on the day of any general or special election for members of the house of repre- sentatives of the Confederate, States, or of any election for governor, lieutenant governor and attorney general of this state, may vote in such election, at such place or places within their regiment as the commandant of such regiment shall designate, whether such regi- ment be within the limits of this state or* not. CommissiontTn, 2. For each place of voting the commandant of the regiment shall bow appointed , .. . , , . . . , , . detail a superintendent, three commissioners, and as main' clerks aa 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 such officers by the election laws of the state. The qualified voters in any company or battalion unattached, or on detached ser- vice, may vote in like mariner, the officer in command detailing simi- lar officers to perform similar duties, who shall be liable to like PoUh for mem- penalties. The said commissioners shall open polls on the dav of hfrf. of conferees , , • <■ , .. r , t •« • , -t any such election tor members ot congress, lor each district entitled to representation in said congress, for which there shall be voters in said regiment, battalion or company desiring to vote; and on the day . of any election for governor, lieutenant governor and attorney gene- ral, they shall also open polls for such last named officers'. The qualified voters who present themselves to vote, shall be asked by said commissioners from what district they come, and each voter shall Name, how re- vote for a person to represent the district from which he comes ; and owed :r- a j g name 9 } )a ]| } ie recorded on the poll book opened for that district, and also on the poll book for governor, lieutenant governor and 4 attorney, general, when an election for such last named -officers shall Duty of commix- be held : and when the polls taken as aforesaid sliall be closed, the commissioners holding the said election shall make and certify a state- ment of the said polls to the senior officer commanding the troops at the point where such regiment may be, if there be any such officer, and if not, then to the commandant of the regiment, unattached or j'oiiuto betaken detached battalion or company, who shall appoint some person whose commonwealth duty it shall be to take all the polls and statements which may have been go taken and certified to the secretary of the commonwealth, within fifteen days after the cominericement of such election. When qtialified 3. The qualified voters of any county or corporation, absent there- vote°" 8ma> from because of the presence of the public enemy, on the day ap- pointed for any such election as is mentioned in the first section, may, during the existing war, vote in any such election in which they would be entitled to vote if in the county or corporation of their do- micil, at the courthouse of any county or corporation in the state where they may happen to be on the day of said election. If any other election is held at the same time, the officers holding said elec- tion shall open the poll and receive the votes herein authorised to be polled, as prescribed by law. in cases of other elections; bat if no ELECTION LAWS. • 73 other election be then held than such at "\#iich the persons men- tioned in this section are authorized to vote, then a poll shall he opened by the clerk of the county court. Any such person desiring when oath to be to vote in such election, shall make oath before the clerk, or other officer conducting' the election, that he believes he would be entitled . to vote therein if in the county or corporation of his dornicil; and thereupon his vote shall be recorded on the proper poll. When such polls shall be closed, the officer conducting the election shall certify the result and the correctness of the polls at the foot thereof, and shall ti-ansmit such poll book, so certified, by mail, prepaying the postage thereon, to the secretary of the commonwealth, within fifteen days after the commencement of the election. 4. Be it further enacted, that the third section of chapter eight Code amended of the Code of Virginia (edition of eighteen hundred and sixty), be amended and re-enacted so as to read as follows : " § 3. In cases of electhms for election districts, or senatorial or Duty of 'c-.miaia- congre'ssional districts, the commissioners superintending the election tiou' at the courthouses of the several counties or corporations forming such districts, shall, within three days after such election is concluded, deliver a certified statement of the result of the election in said county, to be ascertained by comparing the polls of the different voting places in said county, and striking therefrom such 'totes as are required by law to be stricken therefrom, to the officer conducting the election at the courthouse of said county, or to such other officer as may legally act for him ; which said statement shall be written in words Certificate, how and not in figures, and shall conform as near as may be to the form of the return required to be made in case of the election of governor. i The officers conducting the election at the courthouses of the several When officers counties, shall meet at the courthouse of the county or corporation first named in the law prescribing such districts, which may not be in the possession or power of the public enemy, on a certain day after that appointed by law for the commencement of such election ; which certain day, in the case of an election from a district of a delegate, shall be the eighth ; of a senator, shall be the twelfth, and of a repre- sentative in congress, shall be the fifteenth after such commence- ment. They shall compare' the returns from their respective coun- Returns, bow- ties, and shall declare elected the person having the greatest number of votes in the whole district. If the greatest number of votes be equal for two or more persons, the officers attending shall decide to which of them they will give the certificate -of election ; and if the votes of said officers be equal also, they shall deckle forthwith by lot to whom such certificate shall be given. A notice of said election Notice given shall forthwith be given at the door of the courthouse where the meeting is held. In case of special elections to supply vacancies, Spe'cial elections the time for the meeting of the returning officers shall be earlier, if required in the writ of election : provided, that during the existing Certified statti- war, in all elections for members of the house of representatives of 74 ELECTION LAWS. tswy of common- the Confederate Stat^i, the officer conducting the election at the courthouses or tlie several counties shall transmit the certified state- ment of the result of the election in his count}', herein altove re- quired, by mail, prepaying the postage thereon, to the secretary of the commonwealth, within twenty days after the commencement of such election." Dmy of secrc- 5. It shall be the duty of the secretary of the commonwealth, wealth ° '.'" within thirty days from the commencement of any such election as is mentioned in the preceding sections, to examine the polls returned to him as aforesaid, and certify the state of the same to the governor, • who shall declare and make proclamation of the result; and in case two or more candidates have an equal number of votes for the same office, the governor shall decide by lot to whom the return shall be given, and declare the result accordingly. OutioHof Becre- 6. Be it further enacted, that upon the receipt of any polls under wealth common " the provisions of the ordinance (No. 99) passed December the sixth, eighteen hundred and sixty-one, the secretary of the commonwealth shall perform the duties required by law to be performed bj T the com- missioners and officers to conduct the elections at the courthouse, or by either of them, in the same manner he is required by law in case such polls had been received by him from the county or district for which the election was held : and all Other proceedings shall be the same as in such cases. Proclamation of 7. Be it further enacted, that it shall be the duty of the governor io "be issued tn °f the commonwealth to issue his proclamation, giving notice to the qualified voters of the state in the military service of the state or of the Confederate States, or who may be absent from the county or corporation of their residence, because of the presence of the public enemy, of their right to vote for members of the general assembly, • by virtue of # the provisions of the first, second and fourth sections of the ordinance passed by the convention of Virginia (No. 99) on the sixth day of December eighteen hundred and sixty-one, and also to all whom it may concern, of the passage of this act, and of the rights and duties set forth in its provisions; and it shall further be his duty to request the president of the Confederate States to issue an order to all commandants of camps, posts and detachments in command of Virginia troops, requiring them to give their aid in the due execution of the ordinance aforesaid and of this act. ReHuitof vote, 8. The result of the votes in camps and the result of the votes of how forwarded , . „ ... .•.. , . ,, persons absent from their counties, cities or towns, by reason or the presence of the enemy, shall be forwarded by mail, when practicable, directed to the secretarv of the commonwealth, when required to be returned to said secretary- and directed to the, clerk of the county, city or town, when required to be returned to the county, city or town. The officer conducting such elections shall so forward the result, and ELECTION LAWS. 76 preserve a duplicate of the result so to be forwarded, verified by cer- tificates of the officer, and by not less than two other disinterested persons. 9. This act shall be in force from its passage. Commencement Chap. 37. — An ACT to prescribe the mode of ascertaining and certifying Elections of Delegates and Senators during the existing war. Passed March 24, 1863. 1. Re it enacted by the general assembly, that in all elections, Elections of at ,..,... "/-i, r . • nator or delegate during the existing war, tor delegates lor any county, corporation or election district, or for senators for any senatorial district, no part of which is in the possession of the public enemy, in which elections votes are authorized, by law or ordinance of convention, to be polled .in military encampments, as well as in the county, corporation or election district, the commissioners of election, who are required by law to meet and compare the polls and ascertain the election, shall meet in each case at the place prescribed by law, on the thirtieth when commis ,' " ' , _ . . . , sipnera to meei day trom the commencement or the election ; examine and compare the several polls taken in the county or corporation, and those taken in the several encampments for delegate or senator, as the case may be. for such county, corporation, election or senatorial district; strike therefrom any votes which are by law directed to.be stricken from the same, and attach to the poll a list of the votes stricken therefrom, and tbo reason therefor. The result of the election shall then be ascertained, delivered and certified as prescribed by law, in each case respectively. 2. So much of the first, second and third sections of cbapter eight Code suspended of the Code of Virginia (edition of eighteen hundred and sixty), as is in conflict with this act, shall be and the same is hereby suspended so lonj as this act shall continue in force, which shall be during the continuance of the present war and no longer, and thereafter the part of said sections hereby suspended shall be in full force. . _3. This act shall be in force from its passage. Commencem»rit Chap. 38. — An ACT to provide Representation for the Counties where the Courthouses are in the possession or power of the Public Enemy. Passed March 24, 1863. . 1. Be it enacted by the general assembly, that in cases of election when district? t . • . ■ i' t , - . ,■ n • !i • „ partially in poi districts or senatorial districts partially in the possession or' power or e r of enemy the public enemy, the officers conducting the elections at the court- 76 ELECTION LAWS. houses of the several counties, or the persons substituted therefor by the provisions of this act, shall meet at the courthouse of the county or corporation first named in the law describing such district, which may not be in the possession or power of the public enemy, and per- form the duties required of them by the third section of chapter eight of the Code of Virginia (edition of eighteen hundred and sixty). when election ' 2. That whenever, by reason of the presence or power of the atcourthouse 4 public enemy, no election can be held at the courthouse of any county, it shall be lawful for the commissioners or freeholders pre- sent, and agreeing to act as commissioners, at any regular place of voting in said county, to appoint a conductor at such place, if none be present, who shall be vested with the same powers and take the same oath, be subject to the same penalties and perform the same duties as now provided by law, except as they may be herein after Duty of officer otherwise directed. The officer conducting the election at such places tfon U ° 1Dg C e ° of voting shall deliver or cause to be delivered the polls, within fifteen days after the commencement of such election, to the secretary of the commonwealth, who, after receipt of the polls, shall, perform all the duties now required by law to be performed by the commissioners at tlie courthouse, and, except when herein after directed to perform the duties in person, shall appoint some one to perform the duties of the officer conducting the election at the courthouse. Duty of secre- 3. If the courthouse of any county entitled to one or more repre- wralth ° m sentatives in the general assembly, or all the courthouses of any election or senatorial district, are in the possession or power of the public enemy, the secretary of the commonwealth, after the .receipt of the polls, shall perforin all the duties of the commissioners and officers to conduct the elections at the courthouse or courthouses. Time within 4. When the secretary of the commonwealth, or any one appointed p.rform"d toy him to perform the duties of the officer to conduct the election at the courthouse, are required to perform any act, either separately or conjointly with others, the time in which such act is to be performed shall be thirty days after the time now fixed by law. Commencement 5. This act shall be in force from its passage. Chap. :59.^-An ACT to provide for the Election of County Officers in certain cases. • • Passed March 11, 1663. ' when county 1. Be it enacted by the general assembly, that in all cases where, prohibited from . ' . _ , , , aoiding.an eiec- on account ot the occupation of any county, city or town by the pub- lic enemy, or from any cause connected therewith, the people of such county, city or town .have heretofore been or hereafter may be pre- vented from holding elections for county or corporation officers, at ELECTION LAWS. COURTS. 77 * the times and in the manner prescribed in section three, chapter seven of the Code_ of Virginia (edition of eighteen .hundred and sixty), the county or corporation courts, as the case may be, shall, Court may order , , , . , .- -, , • , , writ of election as soon as such causes are removed, order writs ot election, in the manner prescribed in chapter seven, section twenty-two of said Code, for filling vacancies, said elections shall be held and dll pro- ceedings relative thereto conducted in the manner and according to the provisions provided for filling vacancies in such offices. 2. Such elections shall be for the unexpired terms of the offices Unexpired i n,i ^ • terms thus filled. 3. This act shall be in force from its passage. Commencement Chap. 40. — An ACT changing the times of holding the Circuit Courts of the J 4th Judicial Circuit. Paused February 13, 1863. . • 1. Be it enacted by the general assembly, that an act passed March Act <>f March third, eighteen hundred and fifty-four, be amended and re-enacted so as to read as follows : "The circuit courts for the fourteenth circuit shall hereafter be Terms of coum holden on the following days, viz : For the county of Craig, on the fifteenth day of March and August; for the county of Roanoke, on. the twenty-second day of March and August ; for the county of Botetourt, on the first day of April and September; for the county of Alleghany, on the thirteenth day of April and September; for the county of Pocahontas, on the twenty-third day of April and Sep- tember ; for the county of Greenbrier, on the first day of May and October; for the county of Monroe, on the twelfth day of May and October." 2. This act shall be in force from and after the first day of July Commencement next. Chap. 4j. — An ACT to -enlarge the Powers of the Circuit Courts of the several Counties and 'Corporations in cases of Attachments against Non- residents. / Passed February 16, 1663. 1. Be it enacted by the general assembly, that during the conti- Attachments •„ , , '. . " -.. , . . ag-rtintit non-rest nuance ot the present war, the circuit courts ol the several counties dents and corporations of this state, or the judge of any such court in vacation, in all cases of proceedings by wa}' of attachment against 'uon-resideiits, wherein, slaves may be levied upon, shall have power Sale of slaves. how ordered 78 , COURTS. to order the sale thereof, when, by reason of the destruction of the jail of said county or corporation, 'or from other cause, said slaves cannot be safely kept, or when, by reason of the great expense at- tending the support and maintenance of said slaves, during the pen- dency of said'attachment, it may, in the opinion of said court, be pro- per to order such sale. How made 2. Any sale directed to be made under the foregoing section, shall be ordered and made in accordance with the provisions of section sixteen of chapter one hundred and fifty-one of the Code of Virginia (edition of eighteen hundred and sixty), except that such sale may be ordered to be made elsewhere than in the county in which said attachment may be pending. commencement 3. TJits act shall be in force from its passage. Chai\ 48.— An ACT to extend the time within which to institute Proceed- ings fur Misdemeanors in Counties, Cities and Towna iu possession of or threatened by the Enemy. Paused March 23, 1863. Umttatioa 1. Be it enacted by the general assembly, that in such of the coun- ties, cities and towns of this commonwealth as are or may hereafter be so occupied or threatened by the public enemy, as that the courts cannot sit regularly for the trial of causes, the period between the passage of this act and six months after the ratification of a treaty of peace between the Confederate Stales of America and the United States of America, shall be excluded from the computation of the time within which, by the terms or operation of any statute or rule of law, it may be necessary to institute or commence proceedings or prosecutions against parties who may commit any misdemeanor. Commencement .2. This act shall be in force from its passage. Chap. 43. — An ACT to amend the act passed March ICth, 1862, entitled an act to amend and re-enact an ordinance extending the Jurii-dietionvof tho County Courts in certain ca>es, passed by the Convention on the xioth day of June Iribl. PaBKd M*rch 23, 1863. Act of 1862 Be it enacted by the general assembly, that the act passed March iroeniJed tenth, eighteen hundred and sixty-two, entitled an act to amend and re-enact an ordinance extending the juiisdiption of the county courts in certain cases, passed by the convention on the twenty-sixth day of June eighteen hundred and sixty-one, be and the same is hereby amended and re-enacted so as to read as follows : COURTS. 79 Ml. Be it enacted by the general assembly, that an ordinance OrdinaEcc, ,,.. . i -i-ip-r -i amended passed by the convention on the twenty-sixth day ot June eighteen hundred and sixty- one, be amended and re-enacted so as to read as follows : 'When the court of any county shall fail to meet ffrr the transac- JuriwUeijon »f * court b tion of business, or the people thereof, or any of them, shall be pre- vented from attending thereupon by reason of the public eneni}', 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 Rich- mond, and the clerk thereof, shall have jurisdiction of all matters, and authority to do and perform all acts which, as the law now is, are referable to the court or to the clerk of the county so obstructed : provided, however, that the authority to admit to record the writings .mentioned in the fifth and sixth sections of chapter one hundred and eighteen of the Co^le of Virginia, shall by this act be extended only to the circuit court of the city of Richmond, and the clerk thereof : and further, that such admission to record shall be invalid unless such writing shall be duly- admitted to record, according to the laws ot this commonwealth in force prior to the twenty-sixth June eighteen hundred and sixty-one, within twelve months after the ratification of a treaty of peace between the United States and the Confederate States of America.' "2. No tax shall be charged on the admission to record of any where no'tss to , .. ., . . ct-,-1 -, be charged Buch writing in the circuit court ot Richmond. "3. It shall be the duty of the clerk of the circuit court of the Duty of citrk city of Richmond, whenever the said clerk has notice, on the face of a.ny such writing or otherwise, in what county or corporation said writing ought to be recorded, within twelve months after a treaty of peace between the United States and the Confederate States, to trans- mit for recordation a copy of such writing to the clerk of the court ol the count}' or corporation in which such writing should be recorded, according to the laws of this commonwealth in force, prior to the twenty-sixth day of June eighteen hundred and sixtj'-one; and in Penalty for fail- case of the failure of the clerk <3f the said circuit court to perform the duty herein required of him, he may, upon motion of any party injured by such failure, after ten days' previous notice, be fined by said circuit court not less ihan ten dollars nor more than one hundred dollars for every such /failure ; to be paid to the party injured. It Fees and post- shall be lawful for the clerk of said circuit court to charge i\ fee for such copy of said writing so transmitted, and the postages al- lowed by section ten of chapfev one hundred and eighty-four of the ' Code of Virginia (edition of eighteen hundred and sixty); which fees and postages shall be collected as other clerks' fees. •* 4. This act shall be in force from#ts passage." Commoncc-men* SO COURTS. — JAILORS' FEES. Chap. 44. — An ACT authorizing the Court of Appeals to hold its' Sessions at other places than Lewisburg. * Paused March 12, 1863. Plage for holding 1. Be it enacted by the general assembly, that the annual sessions efcWngt'd ^ 'of the supreme court of appeals, provided by law to be held at Lew- isburg in the county of Greenbrier, may, during the continuance of the present war with the United States, be held at such other place on the western side of the Blue Ridge of mountains as the said court* or a majority of the judges thereof in vacation, may from time to Notice to be giv- time direct and appoint ; of which removal due notice shall be given, by publication thereof in one or more of the newspapers printed in the city of Richmond ; and all laws now in force applicable to the said court when its sessions are held at Lewisburg, shall apply in like manner to said court and its sessions when held at any other place, under the provisions of this act. Removal of li- -2. The said court, or a majority of the judges thereof in vacation, ♦vordn a< may order the removal of the library and the records of said court at. Lewisburg to such place as the said court may, under the provisions of this act, appoint for its sessions: and a sum not exceeding on** thousand dollars is hereby appropriated for the -purposes of such re- moval ; to be paid upon the order of such court, out of any moneys in the treasury not otherwise appropriated. Commencement 3. This act shall be in force from its passage. Chap. 45. — An ACT to amend and re-enact the 1st section of an act entitled an act to increase Jailors' Fees for keeping and supporting Prisoners, passed September 24, 1862. Passed March 17, 1863. Act of 1862 1. Be it enacted by the general assembly, that the first section of the act entitled an act to increase jailors' fees for keeping and sup- porting prisoners, passed September twenty -fourth, eighteen hundred and sixty-two, be amended and re-enacted so as to read as follows: .Miorg' fcos "§1. Jailors shall hereafter be allowed one dollar per day for keeping and supporting persons confined in the Jails of this common- wealth, and a fair proportion of said sum for any time less than twenty-four hours; and in all cases the allowance shall be made on an account stating the time for which tjie person or persons remained Power of courts in jail : provided, that the county and corporation courts of the com- monwealth may establish, in their discretion, a different rate, not less than thirty -five cents nor more than one dollar and twenty- five cents per diem." Gommeucement 2. This act shall be in force from its passage. FIDUCIARIES. .8* Chaf. 46. — An ACT authorizing, Fiduciaries to invest Funds in their Iffynds in certain cases, and for other purposes. Passed March 5, 18G3. 1. Be it enacted by the general assembly, that whenever any guar- yvfcen *j«uc»ary • ." , . . ■ , n ', may Invent* dian, curator, committee, executor, administrator or other fiduciary tunAi* or trustee may have in his hands moneys' received in the due exer- cise of his trust, belonging to the estate or trust fund held by him as fiduciary or trustee, which moneys any such fiduciary or trustee may, from the nature of his trust, or for any cause whatever, be unp-ble to pay over to the cestuis que tnM or parties entitled thereto, it shall be lawful for such fiduciary orrrustee to apply, by motion or petition, to any judge of a circuit court in vacation, for leave to invest the whole or any part of such moneys in interest bearing bonds or certi- in what farfMs ficates of the Confederate States or of the state of Virginia, or any may - other sufficient bonds or securities of or within the said state ; and the said judge may, in his discretion, grant such leave. The bonds, when practicable, shall be taken in the name of such fiduciary or trustee, in his fiduciary character : and whenever such investment shall be made, such fiduciary or trustee shall be released from respon- sibility for the moneys thus invested ; but it shall be his duty to pre- serve the bonds thus taken, and to exercise due diligence in collect- ing the interest accruing thereon, and in making a proper application thereof: provided, that nothing herein contained shall authorize said fiduciary or fiduciaries to change the character of an existing invest- rnent,^por any investment made under the provisions of this law, until authorized by the decree of a circuit court of competent juris- diction : and provided further, that the provisions of the foregoing section shall not be so construed as to interfere with the powers now exercised by courts of chancery over the subject. 2. Be it further enacted, that whenever any fiduciary ov fiducia- as to jotat sda- ries, trustee or trustees, residing in this state, have been or may be earte authorized to exercise any power or to do any act jointly with one or more fiduciaries, trustee or trustees, residing within the limits of the • United States, it shall be lawful for the fiduciary or fiduciaries, trus- tee or trustees, residing in this state, to exercise any such power or to do any such act without the concurrence of the non-resident fidu- . ciary or fiduciaries, trustee or trustees ; and the act of tlie resident fiduciary or fiduciaries, trustee or trustees, shall have the same force and effect, to all intents and- purposes, as if it had been the joint act of all such fiduciaries or trustees. ♦ 3. This act shall be in force from its passage, and continue in ommeBoemeat force until the expiration of six months after the ratification of a an cou lnua oa treaty of peace between the Confederate States and the United States. ^ • FIDUCIARIES. — BANKS.* Chap. 47. — An ACT to provide against the Forfeiture of Compensation to" Fiduciaries in certain cases. Passted March 11, 1863. wksJt aiiotved 1. Be it enacted by the general assembly, that when a compliance. it mUHai^M? on tue l ,art °f au y fiduciary, with the seventh section of chapter one hundred and thirty-two of the Code of Virginia, has been or shall be, during the present war, prevented by the occupation or invasion of a county by the public enemy ; the absence of the commissioner autho- rized to settle the accounts of such fiduciary ; the employment of such fiduciary in the military service of tJj^s state or of the Confederate States, or by any other cause growing out of the present war, render- ing such compliance impracticable, such fiduciary shall not, for such fairare, forfeit a compensation for his services : provided such fidu- ciary shall, within, six months after the removal of such cause of failure, exhibit before the proper commissioner the statement and vouchers mentioned in said section. Commencement . 2. This act shall be in force from its passage. Chap. 48. — An ACT authorizing Che Ranks of the Commonwealth, during the existing war, to convert Confederate Treasury Notes in their possession into other obligations of the Confederate States. Passed March 24, 1863. # r . Ccic amended 1- Be it enacted by the general assembly, that the thirty-third section of the fifty- eighth chapter of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read 'as follows : When bank mi-.y "§ 33. Any bank authorized to carry on business- as a bank of ,«an money circulation, deposit and discount, may loan money for a period not exceeding six months, and discount any bill of exchange, promissory note or other negotiable paper for the payment of money, which will be payable within six months from the time of discounting the same. What interest A bank may take interest on its loans and discounts at the rate of back mny take. onc .] )a ir of one per centim i for thirty days, and the interest may be U).'ins,h<.w re- received in advance. Each bank shall so regulate its loans and dis- counts that they shall not exceed twice the amount of the capital Pr. vtH.-, «a to actually paid in: provided, however, that during the existing war, trt .ifKiry notes ^ Q< j unt ji s ; x months after the ratification of a treaty of peace be- . tween the Confederate States and the United States, any bank may convert the treasury notes and other evidences of debt of the Con- federate States into the notes or obligations of said Confederate States, to an amount not exceeding the amount of its capital stock, in addition to its other loans and discounts in this section amhorized, and to treat the same as part of its loans and discounts : and pro- BANKS. _ 80 • • vi.ded further, that said banks shall be authorized to convert only the treasury notes of the Confederate States, issued and dated prior to the first of April eighteen hundred and sixty-three." 2.- This act shall be in force from its passage. • commencement * QH45, 40. — An ACT to amend and re-enact section i, chapter 57, of an act passed March 1, 1861, entitled an act for the Relief of the Banks of this 'Common wealth. Passed March 18, 1863. 1. Be it enacted by the general assembly, that the first section of Act < f issi the. act entitled an act to amend and re-enact section first, chapter" fifty-seven of the Acts of eighteen hundred and sixty-one, be amended and ft-enacted so as to read as follows : " § 1. Be it enacted by the general assemMy, that so much of all Forfeiture of or any acts as now may subject any bank' or banking corporation ponded " • incorporated by the laws of this commonwealth, now in operation, or which 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 be 'and the same are" hereby suspended until the first day of March eighteen hundred %nd sixty-three, and until otherwise provided by the general assembly of Virginia : and if any such bank or banking corporation, shall have forfeited its charter by failing or refusing to pay in specie any notes or other debts due from #uch bank, the forfeiture thereby incurred shall be remitted, and the charter of such bank, with all the rights charter -n tore? 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 : provided, that Proviso nothing herein contained shall be so construed as to prevent the re- covery of the amount of any note or debt due from any such bank, with legal interest thereon, in the mode prescribed by law." 2. This act shall be in force from its passage. Commeiiceraent Chap. 50.— An ACT authorizing the Branch of the Exchange Bank of Vir- . ginia at Richmond to declare a Dividend. Passed February 28, 18C3. 1. Be it enacted by the general assembly, that so lyng as the Ex- Bank at Rich change Bank of Virginha at Norfolk shall remain within the lines of diwoena d " c ' are the public enemy, it shall be lawful and the duty of the branch of . said bank at Richmond to declare dividends of profit at the same S4 BANKS. times and to the game extent, and in the same manner the parent Coiitritmrion bank might do, if situated within our own lines. When such divi- bS^'how dp dend shall be declared, it shall be lawful and the duty of said branch inimdMi bank to demand contribution from the other branches of said hank, in the same manner the parent bank might do, to make payment thereof; and upon satisfactory evidence being furnished of the names of persons holding i hares, and the amount so held, to pay the divi- dend, the tax thereon, and the bonus on the capital stock of said bank, within the time and in the manner the parent bank would be required to do, if a dividend had been declared by said parent* bank. The said branch bank may at any time declare a dividend for the six months ending on the first day of December last, in pursuance of this act. CviBiLencemout 2. This act shall be in force from its passage. Chap. 51. — An ACT amending and re-enacting the 5th and Cth'spctions of the act passed March 13, \6fr2, entitled an act to convert the Northwest- ern Bank of Virginia at Jeffersonville into a separate and indcoendent Bank. Passed March 11, 1863. % Act of 1662 1. Be it «-nactod by the general assembly, that the fifth and sixth, sections of the aot passed March thirteenth, eighteen hundred and sixty-two, entitled an act to convert the branch of the Northwestern Bank of Virginia at Jeffersonville into a separate and independent \ bank, be amended and re-enacted so as to read as follows: when loyal "§ 5. At any time within three months from the passage of this cUmand tra^fer &ct, any loyal holder of stock in the Northwestern B*mk of Virginia, whose stock in said bank was purchased through said branch, or" whose dividends have usually heretofore been credited to him at said branch, may return and assign to the said Graziers Bank of Vir- ginia .such stock, and demand and receive in lieu thereof a certificate for a like number of shares of stock in said Graziers Bank of Vir- ginia: provided, however, that if before the first day of July eighteen hundred and sixty-three, satisfactory reasons shall be shown to the board of directors of the Graziers Bank for the failure of any such stockholder to avail himself of the benefits of the foregoing provision, the said board shall certify such reasons, with tl^ir opinion on the same, to the governor. t Certificates of "§"6. As soon as maybe after the expiration of the said three tamed audaa months from the passage of this act, the governor of the state shall signed cause certificates of the stock held by the tftate 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- v HANKS. INTERNAL, IMPROVEMENTS. . Hf> ti.oii, to be in like manner returned and assigned to said Graziers. Bank of Virginia, for a like number of shares of the stock thereof: provided, however, that on the cenificate authorized in the preceding section being received by the governor, it shall be his duty to trans- fer to the stockholder to whom the same shall" be given, out of the stock herein directed to be transferred to the state, a quantity there- of equal to the amount held by such stockholder in the Northwestern Bank, together with any dividends thereon which may have accrued to the state under the sixth section of said act." 2. This act shall be in force from its passage. Commencement €haj>. 52. — An ACT authorizing tlie Sale of the Roanoke Valley Rail Road. Passed February 13, 1863. 1. Be it enacted by the general assembly, that the Roanoke valley Power to «u rail road company shall have power to sell at public auction, to the tiighest bidder, their road, together with all their property of every " sort and description : provided, that a notice of sixty days of said Notice of sale sale shall be published in one or more of the Richmond papers : provided further, that said sale shall be subject to the approval of Sale subject, n» "the board of public works, to a majority of the stockholders, and board of pu'blit that the proceeds of said sale shall be sufficient to pay all the debts wor of said company ; and the purchasers under this act shall have and •enjoy all the rights, privileges and immunities which the said Roanoke valley rail road eompany had under \ts charter, and the acts amen- datory thereof: provided, however, that .the purchasers under this Proviso a«t shall give guarantees, satisfactory to the board of public works, £hat the use of said road shall be continued ae heretofore : provided further, that the sale hereby authorized shall not be valid, if, on or before the day of sale, a majority of the mortgage creditors of said company, whose claims are not due, shall object to such sale — such ' -objection^ if made, to be signified in writing to the president of the "tympany : and provided also, that a majority of the holders of the safrortgaged bonds of said corporation shall give their assent in wri- ting to the making of' such sale. . * 2. Be it further enacted, that out of the proceeds of such sale the Proceeds of saw? «debt of said company shall first be paid, and then shall be paid to the state of Virginia the preferred stock held by said state in said . ■company ; and what remains of the proceeds of said sale shall be divided ratably among- the stockholders of said Roanoke valley rail Mad company. 3. This act shall foe jo force from its passage. Commencement KG INTERNAL IMPROVEMENTS. DISTILLATION, Chap. 53. — An ACT to convert into Stock, to be held by the State, the In- terest in arrear, due by the South Side Eail Road Company to the State.' Passed March 25, 1863. Ainount of into- 1. Be it enacted by the general assembly, that under the superin- v^rted into stock ten den ce of the board of public works, the whole amount of the interest in arrear from the South side rail road company to the com- monwealth of Virginia, to wit, the sum of one hundred and ninety- six thousand dollars, bo converted into stock, to be held by the state an owner of so much stock in the said rail road, in conformity with the resolution of the stockholders in said rail road, adopted by thera on December third, eighteen hundred and sixty-two, in general meet- ProviM. ing assembled on that day in the city of Petersburg : provided, that * the said one hundred and ninety-six thousand dollars shall be a pre- ferred stock, and six per centum thereon shall be paid into the trea- sury of the commonwealth, whenever any dividend shall'be declared by the company : and provided further, that the amount of interest hereby authorized to be converted into preferred stock shall be appro- priated exclusively to the construction of the new line of road near Farmville, as provided by the act passed the twenty-sixth day of Januaiy, eighteen hundred and sixty-two, for tharpurpose : and pro- vided further, that this act shall not continue to be in effect, unless the construction t>f the new line referred to is commenced within one year and completed in three years from the passage of this act ; and upon a failure to complete the same as aforesaid, the sum hereby appropriated, with interest, shall be paid into the treasury by said company. jConraenceinent 2. This act shall be in force from its passage. Chap. 54. — An ACT to amend and re-enact an act entitled an act to amend and re-enact an act entitled au act to prevent the unnecessary Consump- • tion of' Grain by Distillers and other Manufacturers of Spirituous and Malt Liquors, passed October 2, JS6'2. • Passed March 11, 1863. Act of \ap% . 1. Be it enacted by the general assembly, that the first section of an act passed on the second day of October eighteen hundred and sixty-two, entitled an act to amend and re-enact ah act entitled an act to prevent the unnecessary consumption of grain by distillers and other manufacturers of spirituous and malt liquors, be amended and re-enacted so as to read as follows : .Distillation pro- "§ 1. It shall not be lawful for any person hereafter to make or hlblted , , ... . . . •». cause to be made any whiskey, or other spirituous or malt liquors, out of any corn, wheat, rye or other grain, or out of potatoes, sugar, molasses, sugar cane, molasses cane or sorghum; and any person so DISTILLATION. S7 offending- shall be deemed guilty of a misdemeanor ; and upon con- Ponakiee viction thereof, shall be fined for every offence not less than one hundred dollars nor more than five thousand dollars, and be subject to imprisonment in the county jail not exceeding twelve months, at the discretion of the court: provided, that this act shall not be so proviso construed as to impair the obligation- of any existing contract legally entered into under the existing laws, or any rights growing out of any such contract : but this proviso shall mrt be construed to refer to any other contracts than those made directly with the confederate autho- rities, under the provisions of the law of October eighteen hundred, and sixty-two." . ' , ■ 2. This act shall be in force from its passage. Comniouiemeut Chap. 55. — An ACT to repeal the act passed October 1st, 186<2, ejititled an act legalizing the Manufacture of Alcohol. Passed March 11, 18<;: f . 1. Be it enacted by the general assembly, that the act passed Act of !*•*• October first, eighteen hundred and sixty-two, entitled an act le- ' galizing the manufacture of alcohol, be and the same is, hereby repealed. - v 2. This act shall be in force from its passage. Commeaceiueat # Chap. 58. — An ACT for the Kelief of certain persons engaged in the Distillation of Fruit. • PaHsed March 28, 1863. * 1. Be it .enacted by the general assembly, that an)' person who vvin-n imtshu has heretofore paid the tax and the penalty imposed by the thirty- md> appcdl third section of an act passed the twenty-seventh of March eighteen hundred and sixty-two, or by an act passed the second of October eighteen hundred and sixty-two,, amending and re-enacting said sec- tion, may appear before the court of his county or corporation, and ^ make oath that he failed to obtain license for the distillation of fruit, only through ignorance or misapprehension of the law. Said person shall thereupon' be examined on oath by the attorney for the com- monwealth; and if the court be satisfied that the failure to obtain when court m«- license was for the cause alleged, and not with intent to defraud the n 'r e s commonwealth, the court shall order the clerk to give to said person , 'a certificate to that effect; and whenever such certificate shall be Auditor to is»oe presented to the auditor of public accounts, with satisfactory proof ,wanan of the payment of the tax and petia'ty into the treasury* the auditor shall issue his warrant on the treasury, payable oat of any money 88 OATH TO SUPPORT USURPED GOVERNMENT. * .•■'"■■?•' f therein not otherwise appropriated, in favor of said person for a mm equal to the penalty, minus the commissions of the sheriff: and upon a like certificate and proof that any person has in like mariner satis- fied the. court of his county or corporation that he has heretofore paid the tax imposed by either of said acts, and that he has distilled spirits from fruit only for his own use, and has not distilled more than thirty- three gallons, the auditor shall issue his warrant, payable in like manner, in favor of said person, for a sum equal to the tax paid by him, less the expenses of collection. Duty of ahmff 2. That upon a like certificate, it shall be the duty of the sheriff of any county or corporation to release from payment of the penalty imposed by either of said acts, any person heretofore engaged in distilling ardent spirits from fruit without license therefor -^but such person shall pay the tax imposed by said acts prior to his release from said penalty; and the said* certificate shall serve as a voucher for the sheriff in his settlement with the auditor. Atlorimy tobe ,'}. That in every case the said certificate of the court shall state that the attorney for the commonwealth defended the case, and shall be authenticated by the seal of the county or corporation. <)«iomeiic«D)eiu 4. This act shall be in force from its passage. CllAl*. 57. — An ACT concerning Officers of the State who have taken an Oath to support an Usurped Government within the .limits of this State. Hasned March 26, 1863. what, when 1. Be it enacted by the general assembly, that any officer W'ho has vath token hv . f . officer been regularly elected or appointed according to the laws of this state, who has, since the seventeenth day of April eighteen hundred and' sixty-one, or who shall hereafter, voluntarily take an oath or affirmation to support any usurped government established or at- tempted to be established within the limits of this state, and who acts in such office, claiming to act under such usurped government, shall be held to be an officer under such usurped government, and to Act* void have vacated his office under this state, and all his acts thereafter To whom act f shall be absolutely null and void. This section shall also be held te *pply to judges of the circuit courts, and to county and corporation courts composed, in whole or in part, of justices who may have been justices on the seventeenth day of April eighteen hundred and sixty- one, and who may have held courts under the authority of such usurped government, or otherwise may have recognized or acted under the authority of such usurped government, and shall have, taken an oath or affirmation to support the same. Oeth or affirm»- 2. An oath or affirmation taken before any person to support any such usurped government, whether the person administering it be ' CHARTERED COMPANIES. LUNATIC ASYLUM. 89 • "• authorized to administer an oath or not, shall be held to be an oath, within the meaning and intention of this act, and within the mean- ing and intention of any other act in which such oath nay be brought in question. y- • 3. No record evidence of the election, appointment or qualifica- Record evidence tion of any officer under such usurped government shall be required, but the person's acting in the capacity of an officer, claiming to act under such government, shall be sufficient to establish his official character. 4. This act shall lie in force from its passage. CoLumenetuaeii-t j Chap. 58>. — An ACT to .authorize the transfer and issue of new Certificates ' j of Stock in Chartered Companies in certain cases. Passed March 20, 1863. 1. Be it enacted by the general assembly, that whenever any When property i c i • -i ' Tiii so '^ ar "' sequefi- suares or stock in a chartered company shall be sequestered and sold tered under an ordej or decree of a district court of the Confederate States, as the property of an alien enemy, the proper officers of such com- pany shall, upon application of the receiver making the sale, assign or transfer the same to the purchaser on the books of the company, without requiring the production of the certificate for such shares, and shall issue new certificates of stock to such purchaser. 2. Be it further enacted, that whenever a certificate of stock in New certificate, i t ii- i t • • ' r* i" -l how granted any chartered company belonging to a loyal citizen of the Confede- rate States, sjiall be beyond his control by reason of the public ene- my, upon the production of proper evidence to the board of directors of the company, of the .ownership of such stock, a new certificate therefor shall issue to the owner, and the old certificate annulled by Old eertificat* an order of the said board entered on the records of the company. , 3. This act shall be in force from its passage. . Comnfenceme^t Chap. 59. — An ACT making an Appropriation for the Central Lunatic Asylum. Passed March 6, 1863. 1. Be it enacted by the general assembly, that the auditor of pub- Amount appro- lie accounts be and he is hereby authorized aud directed to hjsue his warrant on the treasury, payable out of any money therein not other- wise appropriated, for the sum of sixty-five thousand dollars, for the support of the Central lunawc asylum at Staunton, for the fiscal year ending the thirtieth September eighteen hundred and sixty- » 90 LUNATIC ASYLUM. FENCE LAW. three. Said amount, or any par.t thereof, to 'he paid upon the order of the board of directors of said institution, and to be in addition to. the amount received from the pay patient fund. Commencement. 2."^This act shall be in force from its passage. - Chap. 60. — An ACT amending and re enacting the 1st and 2d sections of an act entitled an act to repeal the Fence Law of Virginia as to certain Counties, and to authorize the County Courts to dispense with Enclosures in other Counties, passed October 3d, 1862, and to legalize the Action of County Courts held under said Law. * • Passed February 13, 1863. Act of 1862 1. Be it enacted by the general assembly, that the first and second a *? eD c sections of an act entitled an act to repeal the fence law of. Virginia as to certain counties* and to authorize the county courts to dispense with enclosures in other counties, passed October third, eighteen hundred and sixty-two. be amended and re-enacted so as to read as follows: First section " § 1. Be it therefore enacted by the general assembly of Virginia, that the first section of the ninety-ninth chapter of the Code of Vir- ginia, so far as it applies to the counties of Hanover, Henrico. York, Warwick, Elizabeth City, Alexandria, Fauquier, Stafford aud King .George, be and the- same is hereby repealed. Second section " § 2. Be it further enacted, that the county courts of the counties Power of courts °f Augusta, Frederick, Clarke, Warren, Culpeper, Rappahannock, Norfolk, Princess Anne, Mercer, Shenandoah, Page, Prince- William, Spotsylvania, Hampshire, Berkeley, Caroline, Rockirjgham, Rich- ^ mond, Westmoreland,. Loudoun, Jefferson,- Orange, Essex, King & Queen, Goochland, Giles, Bland, Fairfax, Greenbrier, New Kent, • Charles City, James. City, Prince George aud Nansemond shall have power, all the justices having beeu summoned, and a majority there- of being present, to dispense with the existing laws in regard to en- closures, so far as their, respective counties may be concerned, or such parts thereof, to be described, by metes and bounds, as in their discretion they may deem it expedient to exempt from the operation of such law." Action of county 2. Be it further enacted, that in case the county courts of any of wonrtH legalized . . ..,, -. . , „ . . . ' . the counties specified in the foregoing section shall have taken action in pursuance of the provisions of the act passed the third day of Oc- tober eighteen hundred and sixty-two, entitled an act to repeal the fence law of Virginia as to certain coucties, and to authorize the county courts to dispense with enclosures in other counties, since the passage thereof, such action is hereby legalized and made valid to the same extent as it would be, haAsuch counties been specifically included in the second section of saia act. Commencement 3. This act shall be in force from its passage. WAREHOUSE. — FLOUR.' ',' 91 Chap. 61. — An ACT to establish an Inspection of Tobacco at Keen's Ware- t house in the Town of Danville. / " . . ' Passed March 10, 1863. 1. Beit enacted by the general assembly, that an inspection of Warehon aces- tobacco Ife and the same is hereby established at a warehouse to be located on Loyal and Lynn streets in the town of* Danville, and called " Keen's Warehouse," agreeably to the provisions of chapter eighty-seven of the Code of Virginia (edition of eighteen hundred ■ >• and sixty). ™ 2. This actf shall be in. force from its passage. Commenc-emeae G HAP. 62. — An ACT to provide for an Inspection of Flour in the Town of Danville. ■ . t Passed March 11, 1863. / 1. Be it enacted by the general assembly, that an inspection of To authorize in- flour be and the same is hereby authorized to be established in and 3pec for the town of Danville, under such regulations as -shall 'be pre- . scribed by the ordinances of said town, and subject to the provisions of chapter eighty-eight of the Code of Virginia (edition of eighteen hundred and sixty). 2. This act shall be in force from its passage. Commcncemea', ■ PRIVATE OR LOCAL' ACTS. Chap. 63. — An ACT to incorporate tho Farmville Insurance Company. Passed March 3, 1863. 1. Be it enacted by the general assembly of Virginia, that James ompaliy in^or W. Dunnington, Howell E. Warren, Frank. N. Watkins, Clement C. fora Read, James L. Hubard, Norval Cobb, Stephen 0. Southall, Richard Mclhvaine, Christopher C. Lockett, Archibald Vaughan, and others who may associate under this act, not less than twenty, are hereby created and declared to be a body politic and corporate, by the name and style of The Farmville Insurance Company; and hy that name may sue and be sued, plead and be impleaded in all the courts of law and equity in this state and elsewhere : and to make and have a com- mon seal, and the same to break, alter or renew at their pleasure ; to ordain and establish suclr by-laws, ordinances and regulations, and generally to do every act and thing necessary to cany into effect this act/ or to promote the object and design of this corporation: pro- vided, that such by-laws, ordinances, regulations or acts be not incon- sistent with the laws of this state or of the Confederate States. 2. To make insurance upon "dwellings, hoitses, stores, and all other insurance, fc»w kind of buildings, either in town or country, and upon household fur- m ade niture, merchandise and other property, against loss or damage by fire; to make insurance upon lives; to cause themselves to be rein- sured, when deemed expedient, against any risk or risks upon which they have. made or may make insurance; to grant annuities; to re- ceive endowments ; to contract for reversionary payments'; to gua- rantee the payment of promissory notes, bills of exchange or other evidences of debt; to make insurance upon vessels, freights, goods, wares, merchandise, specie, bullion, profits, commissions, bank notes, bottomry and respondentia interests, and to make all and every in- surance connected with marine risks and risks of transportation and navigation. 3. To receive money on deposit and grant certificates therefor, in Money reo-tved accordance with the conditions set forth in sections four and five, chapter fifty-nine of the Code of Virginia ; but in no case are such deposits or the certificates therefor to be held liable to make good any policy of insurance issued by this company. 4. The funds of this company, however derived, may be invested iavestmeats, iii or loaned on.any stock or real or personal security. 94 INSURANCE COMPANIES. Capital utock 5. The capital stock of said company shall be not less than twenty thousand dollars nor 'more than fotfr hundred thousand dollars, to be How payable divided into shares of fifty dollars each. The said capital stock shall be payable by each subscriber at such time or times as it may be called for by the president and directors, and in such proportions , as they may deem necessary : and if any subscriber shall fail to pay the same so called for, upon each and every share so held, within twenty day's after the same has been so called for and demanded, then the amount so called for may be recovered b}* motion, upon twent}' days' notice in writing, in any court of record in the county or place of residence of the holder of stock. Affairs of com- 6. The affairs of said, company shall be managed by" a president niigeYi " ina aud board of directors, nine in number, five of whom shall constitute , a quorum. Said directors shall be elected by ballot from among the stockholders of said company, in general meeting assembled, by a majority of the votes of said stockholders present in person or by proxy, according to a scale of voting to be hereafter prescribed ; and the directors thus chosen at their iirst meeting, shall choose from amongst themselves or the stockholders at large, a president, a.nd allow him a reasonable compensation for his services : the said presi- dent and directors to continue in office one year, or until their suc- cessors are appointed. la. case of a vacancy in the office of presi- * dent or directors from any cause, the remaining directors may elect others to supply their places for the remainder of the term for which they were chosen. i Officers, how ap- 7. The president and directors of said company shall appoint a secretary and such other clerks and officers as they- may find neces- • sary for* the proper conducting of the business of , the company, and shall allow them suitable compensation for their services : all of which officers' shall hold thejr places .during the pleasure of the board of directors ; and the said officers so appointed shall not, by reason of their being stockholders in said company, be incapacitated from giving evidence in any suit to which said company may be a party, unless said officers have other pergonal interest in said suit, or unless they shall own stock to the amount of fifty shares. Agents 8. The president and directors shall have power to appoint agents in any part of this state or elsewhere ; and it shall be the duty of said president and directors to appoint such agents in any city or county in this state, when requested so to do by not less than ten stockholders, residents of such city or county, holding not less than one hundred shares of stock: such agents being removable at the pleasure of the president ana directors.' Sea>e of voting 9. The scale of voting at all meetings of said company shall be, « one vote for each share of stock not exceeding twenty : one vote for every two shares exceeding twenty and not exceeding two hundred ; one vote for every four shares exceeding two hundred ; and every i INSURANCE COMPANIES. . . ' Oo stockholder not in debt {p the company may, at pleasure, by power of attorney or in person,, assign and transfer his stock in- the com- pany, on the books of the s^ame, or any part thereof, not being less than a whole share ; but no stockholder indebted to the company shall be permitted to make a transfer or receive a dividencftmtil such debt is paid or secured to the satisfaction .oj^the board of directors. 10. The president and directors shall have power to declare such Dividends, how- dividends of the profits of the company as they may deem proper: .provided, that no dividend shall be declared, when, ia the opinion of a majority of the board, the capital stock would be impaired thereby. Ttey shall also make and publish at the end of every year, except that in which the company goes into operation, a report showing the condition of the company in regard to its business for the current year. 11. The members of the company shall not be liable for any lose, damage or, responsibility other than the property they have in the capital of the company, to the amount of the shares respectively held by them, and any profits arising thereupon and not divided. 12. The persons named in the first section shall be commissioners, stockholders whose duty it shall be, within six months after the passage of this act, at some suitable place in the town of Earmville, and elsewhere in Virginia, to open books to receive subscriptions to the capital stock of said corporation ; and five days' notice shall be given by said com- missioners of the time and place of opening said books, in the news- papers published in the city of Richmond; 'which books shall not be closed in less than twenty days from the time of opening. The sai'd commissioners shall- give a like notice for a meeting of the stock- holders to choose directors ; and they shall supervise the first election of said officers, and shall deliver over to them, when so elected, any property belonging to the corporation that may have come into their hands. 13.v Nothing in this act shall be so construed as to authorize said Restriction company to issue and put into circulation any note in the nature of a bank note. 14. This act shall be in force from its passage; and subject to Commencement modification, amendment or repeal, at the pleasure of the general assembly. Chap. 64. — An ACT incorporating the Insurance and Savings Society of Petersburg. . ■ . Passed March 10, 1863. 1. Be it enacted by the general assembly of Virginia, that Reuben company irvcr- Ragland, Nathaniel F. Rives, David B. Dugger, Charles H. Cuth- porated 9fi INSURANCE COMPANIES. bert, Robert W. Brodnax, Thomas A. Pjoctor, John D. Ragland, James Chieves, Edmund H. Osborne, Philip H. Taylor, J. Herbert Claiborne, Rbbert Y. Jones, Thomas Iy Moore and Alexander 0. Harrison, and their associates and successors, who may hereafter be- come subscribers or stockholders, be and they are hereby constituted and made a body politic and ^rporate, under the name and style of Privily. « of the The City Insurance and Savings Society of Petersburg; and by that name, shall have perpetual succession, and be able to sue, and be sued, plead and be impleaded in all courts in this state and elsewhere ; and to have a common seal, and the same to. alter and renew at their pleasure; and to make and ordain such ordinances and regulations, and generally to do all such acts and things as may be necessary to carry into effect, this act, and promote the object and design of this •corporation. Capital atock •How divided How capital stock to be paid When meeting in be called President and director?, how olec'-nd M>ui i lament Vacancies, now fiilod Who to consti- tute a, quorum 2. The capital stock of said corporation shall not b.e less than two hundred thousand dollars, to be divided into shares of one hundred dollars each, with power to increase the same to a sum not exceeding . one million of dollars, whenever a majority of the stockholders in interest shall in general meeting, from time to time, determine so to do. 3. The capital stock shall be paid as follows : twenty dollars per sba,re before or at the general meeting fur the organization of the company, to the four associates herein first named, who are hereby appointed commissioners (any three of whom may act), and the resi-. due thereafter as may be required by the president and directors. • 4. Whenever *?it shall appear to the commissioners aforesaid that two hundred thousand dollars of the capital has been subscribed, and forty thousand dollars thereof has been paid to them in cash, the said commissioners shall, by service of personal notice or otherwise, call a general meeting of the subscribers or stockholders, at a certain time and place in said city, to organize said corporation. In such meeting the subscribers or stockholders shall proceed, under the in- spection of the commissioners, to. elect a president and three direc- tors. The commissioners shall forthwith, after said election, pay over,* as the president and directors may order, all moneys received by them from the subscribers to the capital stock of the company, and deliver up all books and papers in their hands concerning the same. 5. The affairs of the corporation shall be managed by the presi- dent and three directors, being stockholders (a majority of whom shall constitute a quorum), who shall be chosen by the stockholders in general meeting, and continue in office for one year, and until others are elected in their stead ; and in case of the death, resigna- tion or disqualification of the president or any of the directors, the remaining members of the directory shall elect others to fill the va- cancies for the residue of the term for which they were chosen. G. In all general meetings of the stockholders, a majority of :)il INSURANCE COMPANIES. . 97 the stobkholdera hi interest being present in person or by proxy; shall constitute a quorum for the transaction of business. Each* stock- holder shall be entitled to as many votes as he may hold shares in said company. The stockholders in general meeting shall have • . power to fix the time and place of the annual meetings, and to pre- scribe the mode in which general meetings of the stockholders may be called by the directory, and the manner in which the stockholders shall be notified of all meetings of their body. The stockholders Compensation of shall determine and fix the compensation of the president. 7. The president and directors may appoint and dismiss at their Secretary and pleasure, a secretary and such other officers as may be necessary for how appointed the transaction of the business of the company, and allow such com- pensation for their services as they may deem reasonable ; and may Bond and secu require such secretary and other officers to enter into bonds with se- curity for the faithful discharge of their duties. . . 8. Every stockholder, not in debt to the company, may, subject to Assignment of such regulations and upon such terms as the stockholders ffiar pre- SlOC scribe, in person or by attorney, assign his stock, or any number of his shares, on the books of the company; but no stockholder indebted to the cojnpany shall assign or make a transfer of his stock or receive ■a dividend, until such debt is paid, cv secured to the satisfaction of the board of directors-. 9.. The president and directors are authorized to make insurance Authority to t /. . i , 1 t , , „. . , „ , make insurance iipon vessels, heights, merchandise, specie, bullion, jewels, profits, upon vessels, it commissions, bank notes, bills of exchange, and other evidences of °' -chapter fifty-nine of the Code of Virginia; but in no case are such ■deposits, or the -certificates therefor, to be held liable to make gcod any policy on insurance issued by this company. 4. The funds of this company, however derived, may be invested Fumi.-< tobem' *• 1 , T , -ti i • l- vested or loaned sn or loaned on any stock or real secursty, or lie used in purchasing bonds of thie state or of the Confederate States. The said company Power to pat. , ,, , , , ., , -, . chase and ho.id shall have power to purcnase or otherwise acquire, to have and to lands hold, and likewise to convey and to sell, any real or personal estate, for the purpose of securing an;f debt or debts that may be due to them, and to lend money upon personal or real estate. . 5. The capital of said company shall $e not less than twenty Capital 'thousand dollars nor more than five hundred thousand dollars, to be •divided into shares of fifty dollars each. The said capital stock shall How capita; ' be payable by each subscriber at such time -or times as it may be ' ? ya- called for by the president and directors, and in such proportions as they may deem accessary ; and if any subscriber shall fail to pay the sums so called for upon each and every share so held, within twenty days after the same has been so called for and demanded, then the •amount so called for may be recovered by motion, upon twenty days' notice in writing, in any court of record in the county or place of residence of the holder of stock. 6. The affairs of said company shall be managed by a president Management of and board of directors, seven in number, four of whom shall consti- °mpar.y lute a quorum. Said directors shall be elected by ballot from among Directors, how the stockholders of said company, in general meeting assembled, by ti majority of the. votes of the stockholders present in person or by proxy, according to a scale of voting to be hereafter prescribed; and President, how the directors thus chosen, at their first meeting shall choose from tJ among themselves, or the stockholders at large, a president. The Term of office said president and directors to continue in office one year, or until • *&eir successors are appointed. In case' of a vacancy iu the office of vacancy, t*W filled 100 INSURANCE COMPANIES. president or directors. 'from any cause, the remaining directors may elect others to supply their places for the remainder of. the term for which thev were chosen. Secretary, how appointed Compensation Power to ap' point, agents ,-othig Power for Btoc To rr.ike and publish report Liability of membera Booka of sub- scription to be opened 7. The president and directors of said company shall appoint a secretary and such other clerks and officers as they may find neces- sary for the proper conducting of the business of the company, and shall allow them suitable compensation for their services : all of which officers shall hold their places during the pleasure of the board of directors ; and the said officers so appointed shall not, by reason of their being stockholders in said company, be incapacitated from giving evidence in any suit to which said company may be a party, unless said officers have other personal interest in said suit, or unless they shall ow.7) stock to the amount of one hundred shares. \ 8. The president and directors shall have power to appoint agents in any part of this state or elsewhere ; and it shall be the duty of said president and directors to appoint such agents in any city or county in this state, when requested so to do by not less than ten stockholders, residents of such city or county, holding not less than one' hundred shares of stock ; »such agents being removable at the pleasure of the president and directors. 9. The scale of voting at all the meetings of said company shall be one vote for each share of stock not exceeding twenty; one vote for every two shares exceeding twenty and not exceeding two hun- dred ; one vote for every four shares exceeding two hundred; and every stockholder not in debt to the company may at pleasure, in person or by power Of attorney, assign and transfer his stock in the company, on the books of the same, or any part thereof, not being less than a whole share ; but no stockholder indebted to the company as principal or endorser on paper due or to mature, shall be permit- ted to make a transfer or receive a dividend until such debt is paid, or secured to the satisfaction of the board of directors. 10. The president and directors shall have power to declare such dividends of the profits of the company as they may deem proper: provided, that no dividend shall be declared when, in the opinion of a majority of the board, the capital stock would be impaired thereby. They shall also malfe and publish at the end of every year, except that in which the company goes into operation, a report showing the condition of the company in regard to its business for the current year. 11. The members shall not be liable for any loss, damage or re- sponsibility other than the property they have in the capital of the company, to the amount of the shares respectively held by them, and any profits arising thereupon, not divided. 12. The persons named in the first section shall be commissioners, whose duty it shall be, within six months after the passage of this INSURANCE COMPANIES. H'l act, at some suitable place in the town of Charlottesville, and at such other places as they may deem proper, to open books to receive sub- scriptions to the capital stock of said corporation; and five days' no- Comm : ; K«oi!«-» tice shall be given by said commissioners of the time and place of opening- said books, in the newspapers published in the town of Char- lottesville : which books shall not be closed in less than twenty days from the time of opening. The said comnsis-sioners shall give a like notice for a meeting of the stockholders to choose directors. They shall supervise the. first election of said officers, and shall deliver over to them, when so elected, any property belonging to the corpo- ration, that may have come into their hands. 13. This aet shall be in force from .its passage ; and the iegislat- Comsfi^eesaeii tare of Virginia reserves to itself the power of altering, amending or repealing any of the provisions thereof. Chap. 66. — Am ACT to amend the 4th section of an $et to incorporate the Confederate Insurance Company, passed 4th February 1862.* Passed March i, 1862. 1. Be it enacted, that the fourth seetion of the act to incorporate Act amended- The Confederate Insurance Company, passed fourth February eigh- teen hundred and sixty-two, be and is hereby amended and re-enacted &o as to read as follows : " § 4. The company shall have powes" and authority to invest its Funds, how ia- -'Capital stock and other funds in bank, state or other stocks ; in the purchase of bonds issued by this or any other state, or of the Con- federate States, and of bonds ol any incorporated company ; to lend money upon personal or real security ; and to purchase or otherwise Real or pcieoasa acquire, to have and to hold, and likewise to convey and sell any real •or personal estate, for the purpose of securing any debt or debts that may be due to them, and for their own use and convenience." 2. This act shall be in force from its passage, OoauaeneenieE.4 Chap. 67. — An ACT to amend and re-enact section 12 of an act pas&ed March 29, 186!, incorporating the Rockbridge Insurance Company. Passed February 9, 18S3. 1. Be it enacted by the general assembly, that the twelfth section Act of I86i of an act passed March twenty-ninth, eighteen hundred and sixty- amende ' J one, entitled an act incorporating the Rockbridge insurance company, be amended and re-enacted so as to read as follows : <* . * Tax paid siuac publication of Acts of 1S6S. 102 * IMPORTING AND EXPORTING COMPANIES. Coriiaiissioners " § 12. The. persons named in the first section of said act shall ?;-e commissioners, whose duty it shall be, within sis months after the passage of this act, at some suitable place in the town ef Lexington, Uooivi and at such other place as they may deem proper, to open books to- receive subscriptions to the capital stock of said corporation ; and five days' notice shall be given by said commissioners of the time and place of opening said books, in the newspapers published in the town of Lexington ; which books shall not be closed in less than twenty days from the time of opening. The said commissioners shall give a like notice for a meeting of the stockholders to choose directors. Prop.-xtj, how They shall supervise the first election of said officers, and shall daz liver over to them, when so elected, any property belonging to til© corporation that may have come into their hands.'* ©-.Kn-jcMcment 2. This act shall h* in force from its passage. Chap. OS. — An ACT to iae-orp orate the Siclimond Iinportij?^ and Exporting. Compel) y. Passed February 21, 18C3. CoTr.pany :nooi- 1. Be it enacted by the general assembly of Virginia, that Tho- ' *° r "-' K!i mas W. McCance, John D. Harvey, Emanuel Miller, T. Edward Hambleton, Jr., Andrew L. Ellett, Alfred Moses, William Barrett,. James L. Apperson, Robert H. Maury, William Boulware, William- Allen, William G. Paine and Samuel J. Harrison, together with such other persons and firms as are now connected with them, under the name and style of the Richmond importing and exporting com- pany, be and tho same are, together with their successors and assigns,. Corpora?? same Hereby made and constituted a body corporate, under the said name- p CW era and style ef The Richmond Importing and Exporting Company, for the purpose of owning, navigating and freighting ships and other vessels engaged in foreign and domestic commerce, trading from tin; Capital • ports of the Confederate States of America. The capital of the said company shall not be less than five hundred thousand dollars nor more than two millions of dollars, and shall be hdC( in shares of live Affairs of com- hundred dollars each. The affairs of the company shall be managed •u^e''; ° V ma by a president and board of directors, whoso term of office and their number shall be determined and elected by the. stockholders ; and the said board of directors shall possess all the corporate powers of s-voviBO the company ; provided, however,, that nothing in this- act shall change or affect the rights, obligations., exemptions and immunities- of the said company, under the provisions of the laws of the Con- federate States applicable to owners of vessel's: and provided, thai; the said company shall be subject to such general laws as may affect » corporations of this character. Comraencement 2. This act shall be in force from its passage, and sha-TJ be subject to repeal, modification or ameudment, at the pleasure of the general assembly. IMPORTING AND EXPORTING COMPANIES. 10-i Chap. 69. — An ACT to amend and re-enact an act entitled an act to incor- porate the Richmond Importing and Exporting Company, passed February 21,1863. Passed March 12, 1863. 1. Be it enacted by the general assembly, that the act passed Feb- Company ineor- ruary twenty-first, eighteen hundred and sixty-three, entitled an act to incorporate the Richmond importing- and exporting company, be amended and re-enacted so as to read as follows : " Be it enacted by the general assembly of Virginia, that Thomas W. McCauce, John D. Harvey, Emanuel Miller, T. Edward Ham- bleton, Jr., Andrew L. Ellett, All red Moses, William Barrett, James L. Apperson, Robert H. Maury, William Boulware, William Allen, William Gr. Paine and Samuel J. Harrison, together with such other persons and firms as are now connected with them, under the name and style of the Richmond importing and exporting company, be and the same are, together with their successors and assigns, hereby made and constituted a body corporate, under the said name and style of Corporate muw The Richmond Importing and Exporting Company, for the purpose Powers of owning, navigating and freighting ships and other vessels engaged in foreign and domestic commerce, trading from the ports of the Con- federate States of America, and with power to purchase and sell and otherwise to deal in the products and commodities so freighted or intended to be freighted." 2. The capital of the said company shall not be less than five Capital hundred thousand dollars nor more than two millions of dollars, and shall be held in shares of, five hundred dollars each. The affairs of Affairs, how the company shall be managed by a president and board of directors, whose term of office and their number shall be determined and elect- ed by the stockholders ; and the said board of directors shall possess all the corporate powers of the company : provided, however, that nothing in this act shall change or affect the rights, obligations, ex- emptions and immunities of the said company, under the provisions of the laws of the Confederate States applicable to owners of vessels : and provided, that the said company shall be" subject to such general laws as may affect corporations of this character. 3. This act shall be in force from its passage, and shall be subject Commencement to repeal, modification or amendment at the pleasure of the general assembly. 104 . TAN-YARD COMPANIES. — BANKS. CHAP. 70.— An ACT to incorporate the Prospect Tan-yard Company in the- • , County of Prince Edward. Passed February 2, 1863. Company inter- 1. Be it enacted by the general assembly of Virginia, that Joel Elam, James Venable, William Jones, S. F. Hunt, R. V. Davis, H. B. Brightwell, Isaac Glenn, T. Osborne, A. R. Tenable, F. B. Wat- kins and J. J. Brightwell, and such other persons as may be asso- ciated with them, and their successors, shall be and are hereby incor- Name of com- porated and' made a body politic, under the name and style of The Rights and privi- Prospect Tan-yard Company; and by that name and style, may have a common seal, and be invested with all the rights and privi- leges, and made subject to all the limitations and restrictions con- tained in the Code of Virginia, so far as the same may be appjicable, and not inconsistent 'with the provisions of this aet. Power to pur- 2. The said company may purchase and hold real estate in the county of Prince Edward, not exceeding twenty acres, and such other property as they may deem necessary for the manufacture of leather, shoes and harness. Capital • 3. The capital stock of said company shall not exceed ten thou- sand dollars, and shall be divided into shares of fifty dollars each ; and the shares shall be transferable agreeably to the by-laws of said company. Commencement 4. This 'act shall be in force from its passage. Chap. 71. — An ACT to authorise the Ban?; of Rockingham to increase its Contingent Fund. Passed January 20, 1363. contingent fund 1. Be it enacted by the general assembly. of Virginia, that the Bank of Rockingham is authorized to increase* its contingent fund to a sum not exceeding twenty per centum.upon it? capital stock paid in. Commencement 2. This act shall be in force from its passage. Chap. 72. — An ACT to amend the Charter of the Bank of Rockingham. • t Passed March 11, 1863. 1. Be it enacted by the general assembly, that the sixth, seventh, eighth, ninth, tenth and eleventh sections of the act passed on the twelfth day of January eighteen hundred and fifty-three, entitled an act to incorporate the Citizens Bank of Virginia, now known by the * BANKS. . 105 name and style of the Bank of Rockingham, be and the same are hereby repealed. 2. That the twelfth section of the same act be and the same is Charter hereby amended and re-enacted so as to read as follows : "§ 12. The charter of the said bank shall continue and be in force When eharter until the first day of April eighteen hundred and seventy-three." 3. The treasurer of the state may retransfer to the said bank the Treasurer to re- certificates of the debt of the state and the bonds -of internal im- cates of debt provement companies guaranteed by the state, now held by him in y ™ trust for the purposes of said bank, or any part thereof, upofl receiv- ing and canceling an equal amount of the notes of said bank counter- signed by him ; and if the notes of the said bank, so countersigned by him, have been so far returned and canceled as that the amount outstanding shall not exceed the sum of five thousand dollars, the said treasurer may retransfer the residue of said certificates or gua- ranteed bonds to said bank, upon receiving from at least five of the Bond and secu- n n -\ t m • ■ • Til y to b e given stockholders thereof, with at least five good and euthcient securities, to be approved by him, a joint and several bond, payable to the com- monwealth of Vii'ginia, in a penalty equal to at least three times the amount of such outstanding notes, and conditioned to pay the same on demand, at the place of business of said bank, or of either of the obligors therein : which bond shall be recorded in the manner pre- Bond to be re- scrihed in the fourth section of chapter one hundred and eighty-six of the Code of Virginia, and shall have the force Of a judgment ; and For breach of for every breach of the conditions thereof, execution may be issued, execution to upon ten days' notice of the application therefor, in the name of the lbSue commonwealth, for the benefit of the holder of any such outstanding unredeemed notes, for the amount thereof and costs. 4. The bank shall not issue and payout any notes for circulation, Denomination of except of the denomination of five dollars, ten dollars, or some mul- tiple of- ten. 5. Every quarterly statement of this bank shall, in addition to the What to be ex- information which the Code of Virginia requires to be made, also ex- terly statements hibit the aggregate debt due by the bank, the outstanding debts due to the bank, its discount of inland and foreign bills of exchange, its loans to directors, its specie, circulation and deposits on the first day of each month of the quarter it embraces. 6. The board of directors shall consist of not more than nine nor Board of diree- less than seven, as the stockholders may direct. 7. Provided, that nothing in this act contained shall debar the Proviso Bank of Rockingham of the privileges contained in an act passed March twenty-ninth, eighteen hundred and sixty-two, entitled an act to provide a currency of notes of less denomination than five dollars. 8. This act shall commence and be in force from and after the Commencement 106 BANKS. — COUNTIES. — TOWNS. * time when the provisions have been approved by the. stockholders in said bank, convened in general meeting at any time before the first day of April eighteen hundred and sixty^four, and such approval shall have been made and certified by the president and cashier of said bank to the governor of the commonwealth. Chap. 73. — An ACT to legalize the Records, Proceedings and Acts of the County Court of Spotsylvania County, at the Terms of said Court held during the year J 8(12, at Places in the said County other than the Court- house thereof. Passed February 18, f8fi3. Preamble Whereas it has been represented to the general assembly of Vir- ginia, that for the period of several months during the year eighteen hundred and sixty-two, the public enemy held military occupation of a large portion of Spotsylvania county, including the courthouse; thereof; and that by reason of the interruption of the mail between said county and the city of Richmond, as well as the inexpediency of publishing any notice of the place where the sessions of the county court of said county might be held during such military occupation, it was deemed proper by the justices of said county not to apply to the governor of Virginia to designate some place other than the said courthouse, where the sessions of said court should be held, and that said justices accordingly proceeded to hold several terms of said court at places in said county other than said courthouse : Records, pro- 1. Be it therefore enacted by the general assembly, that all the acts of court records, proceedings, acts and things made, ordered and done by the other than 'court sa '^ county court, at the terms thereof held during the said year house legalized eighteen hundred and sixty-two, at places other than the said court- house, which might have been legally made, ordered and done at said courthouse, are hereby declared and made legal and valid to the same extent as if ordered arid done at the said courthouse. Commencement 2. This act shall be in force from its passage. Chap. 74. — An ACT to enlarge the Powers of the Council of the City of Richmond. Passed February 13, 1863. Powers of coun- 1. Be it enacted by the general assembly of Virginia, that the en arge council of the city of Richmond be and the same is hereby autho- rized to suppress riots and unlawful assemblies in the said city; to suppress gaming and gambling houses, tippling and tippling houses, and to prevent or regulate the sale of spirituous and fermented TOWNS. . 107 liquors within the said city, and around the same to the boundaries to which the jurisdiction of its corporation courts or 'officers of police extends in criminal cases. And for the purposes of executing the Council may en . ■ ., " .,'•., act ordinances powers and authority hereby vested in said council, the said c tuncu and impose fines, may enact ordinances and impose penalties for the violation thereof, not exceeding five hundred dollars, and imprisonment not exceeding three months; may authorize and empower the proper officers and police of the city to seize such liquors sold or kept for sale, for the use of the city, and to shut up the houses in which such liquors are so sold or kept for sale, and arrest the persons who shall sell or- keep Persons to be for sale or purchase the said liquors in violation of said ordinances, i a tjng,orcii- and hold them in custody until they shall give security for their good uauets behavior in such penalty, not exceeding one thousand dollars, as the justice before whom they are taken shall prescribe. And' the said Powers of offi- officers and police shall have the same powers and authority in dis- charging their duties under said ordinances, as state officers have in cases of breaches of the peace. 2. The said council may organize and establish an armed police, Arm^d police or and appoint such officers then of as to the council may seem expe- dient; and the said officers shall be accountable to, and under the supervision and control of the council, or such other body or officer as the council may prescribe. 3. This act shall be in force from its passage. Commencement Chap. 75. — An ACT to enlarge the powers of the Council of the city of Lynchburg. Passed' March 9, 186:3. 1. Be it enacted bj" the general assembly, that the council of the Powers of coun- n t ii i -i! • i " i i-i cil enlarged city ot Lynchburg be and the same is hereby authorized to suppress riots and unlawful assemblies in the said city; to suppress gaming and gambling houses, tippling and tippling hoifses, and to prevent or regulate the sale- of spirituous and fermented liquors within the said city, and around the same to the boundaries to which the jurisdiction of its corporation courts or officers of police extends in criminal cases. And for the purposes of extending* the powers and authority hereby Council may en- vested in said council, the said council may enact ordinances and and impose fines, impose penalties for the violation thereof not exceeding five hundred &c dollars, and imprisonment not exceeding three months ; may autho- rize and empower the proper officers and police of the city to seize such liquors sold or kept for sale, for the use of the city, and to shut up the houses in which such liquors are so sold or kept for sale, an'd Persons to be arrest the persons who -shall sell or keep for sale or purchase the said latingordi- liquors in violation of said ordinances, and hold them in custody nances until they shall give security for their good behavior in such penalty, 103 TOWNS. — COLLEGES. not exceeding one thousand dollars, as Ihe justice before whom they Powers of offi- are taken shall prescribe. And the said officers and police shall have • the same powers and authority in discharging their duties under said ordrnances, as state officers have in cases of breaches of the peace. Armed police or- 2. The said council may organize and establish an armed police, and appoint such officers thereof as to the council may seem expe- dient; and the said officers shall be accountable to, and under the supervision and control of the council, or such other body or officer as the council may prescribe. Commencement 3. This act shall be in force from its passage. Chap. 76. — An ACT to incorporate the Southern Female College of the City of Petersburg. Passed January 27, 1863. institution in- 1. Be it enacted by the general assembly, that Dr. J. H. Clai- eorporatcd ^^ Co] r m Harrison) W T j oynes , T . l. H. Young, Wesley Gregg, J. H. Cooper, George B. Jones, P. H. Booth, George V. Scott, W. S. Harrison, Rev. B. R. Duval, "Warner Eubank, Edwin Brown, R. H. Lyell and W. T. Davis, and their successors, be and they are hereby constituted a body politic and corporate, under the name and style of The Trustees of the Southern Female College of Petersburg, Virginia ; and by that name shall have perpetual succes- sion and a common seal, and may sue and be sued, plead and be Trustees to hold impleaded in any court of law or equity. The said trustees of the ai prop deliver to B. B. and J. W. Cooley, or their legal representatives, an ^^ infant child of the slave Harriet, who was condemned to be hung by the county court of the county of Frederick, and who died in the jail at Richmond before the sentence was carried into execution. 2. This act ehall be in force from its passage. Commencement Chap. 88.-«-An ACT authorizing the payment of a sum of niouey to B. B. and J. W. Cooley for a Slave condemned to he hung. Passed February 17, 1S63. 1. Be it enacted by the general assembly, that the auditor of Amount appro public accounts be and he is hereby authorized and required to issue p ■ his warrant on the treasury, payable out of any money therein not otherwise appropriated, in favor of B. B. and J. W. Cooley, or their legal representatives, for the sum of four hundred dollars, that being ^ ' the appraised value of a slave belonging to them, named Harriet, who was convicted of murder in the first degree, at the May term in \ the year eighteen hundred and sixty-one, of the Frederick county court, and who died in jail before the sentence was carried into execution. 2. This act shall be in force from its passage. •commeneement * Chap. 89. — An ACT refunding a sum of money to Gordon and Brother, paid by them as a Merchant's License in the County of Fluvanna, Passed March 19, 1863. « 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, pay- pna able out of any money therein not otherwise appropriated, in favor ada. He works the control over the rail roads and canals for the transpor- c exp tation of salt to be furnished pursuant to the act passed thirtieth March eighteen hundred and sixty-three, it is likewise the design of - the general assembly that they should exercise like control over said roads and canals for the transportation of salt due or becoming due under the contracts with the counties. No. 13. — Joint Resolution explanatory of a section of the act imposing Taxes for the Support of Government. Adoptod March 31, 1863. provision in fa- Resolved by the general assembly, that section eighty-three of the ••oiMpanieg act imposing taxes for the support of government, w"hich reads as follows : " No license shall be construed to grant any privilege be- yond the county or corporation wherein it is granted unless it be ex- pressly authorized," does not refer to telegraph companies whose lines run through more than one county or corporation. No. 14. — Resolution ratifying the Contract With Stuart, Buchanan & Co. Adopted March 30, 1863. ttaufloatton of Resolved by the general assembly, that the contract entered into on the twenty-fifth of March eighteen hundred and sixty-three, be< ^enUract with . • RESOLUTIONS. 127' tween Robert A. Coghill, 'chairman of the committee of the senate stnan, nucha of Virginia, and H. B. Tomlin, chairman of the committee of .the nan house of delegates of Virginia, the two committees constituting a joint committee of the general assembly, on the subject of a supply of salt, and Stuart, Buchanan and Company, in the following words and figures : • Articles of agreement, made this twenty-fifth day of March eigh- Contract teen hundred and sixty-three, between Robert A. Coghill, chairman of the committee appointed by the senate of Virginia, and Harrison B. Tomlin, chairman of the committee appointed by the house of delegates of Virginia, the two committees constituting a joint com- mittee of the general assembly of Virginia, on the subject of a sup- ply of salt, and acting as such, for and on behalf of the common- wealth, of the first part, and Stuart, Buchanan and Company, of the second part: Witnesseth, that the said Stuart, Buchanan and Company do pro- pose, without the right to retract or withdraw the same, the following tgrma for the lease and sale of certain real and personal property ne- cessary for the production of salt for the people of this commonwealth, and the parties of the first part do accept the same on behalf of the said joint committee — but their action shall not be binding on the said commonwealth, unless this agreement shall be ratified and con- firmed by the general assembly, of Virginia, at its present session: The said Stuart, Buchanan and Company agree to lease to the commonwealth, for the term of one year, fully to be completed, com- mencing on the first day of April eighteen hundred and sixty-three, and ending one year thereafter, or after the day on which possession is actually given, the following property, viz : 1. A portion, from one hundred to two hundred acres, convenient Description of to the " river works," of a certain tract of land, known as the " Pres- prop " ry ton estate," for agricultural purposes ; which is to be laid off by the arbitrators herein" after provided for. 2. The ten furnaces, counting the double furnace ag two, four of . , which are now leased and operated by Friend, Clarkson, Kelley and Gardner, and four known as the "river works," including the con- duits, fixtures, tools used in connection with said furnaces, the dwell- , ing houses and stables at the " river works," and all stables and out houses at the upper works, under the control of Stuart, Buchanan and Company. And the said commonwealth shall have the privi- lege of cutting, quarrying and carrying away from any of the lands owned by Palmer and Stuart, outside of the Preston and King estates, or either of them, stone, wood and timber, and an equal right with the said Stuart, Buchanan and Company under their lease, to cut, quarry and remove stone, wood and timber from the King estate and the Preston estate ; but the lease of the four furnaces now held by Friend, Clarkson, Kelley and 'Gardner is subject to the contract of 128 KESOLUTIONS. lease between them and Stuart, Buchanan and Company : and the state assumes, the position of said lessors as to said lease. Said Stuart, Buchanan and Company also bind themselves to pump to the surface and furnish to the commonwealth, salt water sufficient to supply and to keep in continued operation the said ten furnaces, to their full boiling capacity ; and this stipulation means and intends that said supply of brine to the said ten furnaces is to be prior to any other supply to be furnished to any other contracting party, and prior to any right of user of brine by said Stuart, Buchanan and Company: but it is expressly agreed by the said Stuart, Buchanan and Com- pany, that the commonwealth may lease or transfer to any other per- son the property and privileges hereby intended to be leased or con- veyed, and that the sublessees or toansferrees shall be entitled to all the rights and privileges hereby conveyed to the commonwealth. Said Stuart, Buchanan and Company agree to sell and deliver to the commonwealth one-half of all the wagons, harness, horses, mules, sacks, provisions," forage and other personal property owned by them, and needful for the manufacture and distribution of salt; also on% half of all the wood now cut and in their possession, or contracted for and cut, and intended to be used by them for the manufacture of salt; also to deliver to the commonwealth all the slaves of Col. J. N. Clarkson hired by them, and one-half of all other slaves hired by them, at the same rate of hire for the residue of the year, at which they the said Stuart, Buchanan and Company have hired them ; and ' the commonwealth agrees to assume all their liabilities as to said slaves. It is further agreed that said Stuart, Buchanan and Company shall allow to said commonwealth good and convenient ways to and from said furnaces, together with wood yards and appurtenances, affording ample space for conveniently operating said ten furnaces. Submission to And the said parties of the first and of the second parts, being ar j ra ,on, c una ] ) j e t() a g Tee U j )0n the price to be paid by the commonwealth for the foregoing lease and purchase and other" privileges,, do hereby mu- tually agree that the same shall be submitted to the arbitrament and award of three disinterested citizens of the commonwealth, or a ma- jority of them, one of whom shall be chosen by the commonwealth or her authorized agent, and one by the said Stuart, Buchanan and Company ; and the two so chosen to select a third ; and if any of the said arbitrators should die, fail or decline to act, his place shall be supplied in the manner in which he was originally selected. And the parties of the first part agree that the sum thus ascertained by the said board, each one of whom shall be sworn before proceed- ing to act, shall be paid in confederate, currency to the said Stuart, Buchanan and Company whenever the value is so ascertained and possession delivered : and they the said Stuart, Buchanan and Com- pany do agree to receive the same in lull discharge of this contract RESOLUTIONS. 129 to the said Stuart, Buchanan and Company by the commonwealth : but the commonwealth reserves the right to impress the whole of the property hereby intended to be conveyed, if the said Stuart, Buchanan and Company shall not in good faith execute this contract in all its parts. Witness the following signatures : R. A. COGHILL, Ctin of Senate Committee . H. B. TOMLIN, Ch'n of House Committee. STUART, BUCHANAN & CO. — he and the same is hereby ratified and confirmed, No. 15.— -Preamble and Resolution advising the people of the Common- ( wealth in relation to the increase and preservation of certain Agricultural Productions and Supplies. Adopted March 31, 1863. The general assembhy of Virginia, moved by a deep sense of the Preamble importance, at this time, of raising, above all things, an abundance of provisions and of forage for the uses of our armies and of the peo- ple at large ; confident in our ample resources of production, as well as in the public spirit and patriotic zeal of our citizens ; and fearing no deficiency or serious inconvenience, beyond what at all times may occur from unfavorable seasons, except such as might result from over confidence in those resources, or from not sufficiently adverting to the large space of our territory temporarily disabled from furnish- ing its usual contribution to the public wants, and to other conside- rable portions of the Confederacy cut off for the present from their usual sources of supply ; but still deeming it their highest duty to guard as far as possible, against even the chance of so great a cala- mity as a scarcity of provisions, do therefore resolve : That they earnestly recommend to every citizen of the state increase of ap-s that he shall aim to increase, greatly beyond his usual amount, all his dnct" fcT&c. agricultural products of every kind whatsoever ; his grain and his recommeQded grass crops; his live stock; his fruits an J his garden vegetables; every thing, indeed, that goes to the sustenance of man and beast, before he shall apply his labor to any other. object or employment whatever ; that he constantly practice frugality in using his resources of food, and bear in mind always to consume first what is most per- ishable, in order that he may husband his whole stock to the best advantage ; and they enjoin it upon and make it the special charge of every justice of the peace throughout all the state, not occupied by the enemy, to visit his neighbors and urge it upon them to act promptly and effectually on this recommendation, as" a work of true patriotism, a sacred duty to the cause of the independence and safety 9 130 RESOLUTIONS. of the Confederate States, and as furnishing to the world the evidence of their firm and immovable determination to incur every sacrifice, and to omit.no effort that may be necessary to the success of that holy cause. No. 16. — Resolutions authorizing the County and Corporation Courts to prepare and preserve a durable Record of the Names and Deeds of Con- spicuous Merit of all who have or shall have served honorably in our armies in the present war. Adopted March 19, 1863. Record to be 1. Resolved by the general assembly, that the court of any county serving uonora- au d corporation of this state shall be authorized to purchase and pre- hiymthewar gerve ara ong its archives a suitable book, wherein, under the super- intendence and direction of such court, shall be inscribed the names of all persons belonging to such county or corporation, who have, or shall have, in any capacity, served honorably in the armies of the Confederate States or of this state, in the present war;, and also, in a form to be approved hy, and on proofs satisfactory to all the mem- bers of any such court, sitting as such, a concise record of any acts of conspicuous merit that shall have been performed by any such person. plan, &c. to bo 2. That a plan of such book, tabulated in the manner of the array Furnished by rolls, but with such changes as may be deemed advisable, shall be adjutant general p re p are( j by the adjutant general, subject to the approval of the governor; and when so approved, books, prepared in conformity thereto, shall, as applied for by any such county or corporation court, be furnished, at its expense, to any such court, by the adjutant gene- ral, together with lists, extracted from the army rolls in his posses- sion, of all persons found listed therein as belonging to such county or corporation. / No. 17. — Resolutions authorizing the disbanding of the State Line, &c. Adopted March 24, 1863. Disbanded 1 • Resolved by the senate and house of delegates, that the forces heretofore known as the "state line" and "partizan rangers," be and they are hereby disbanded on and after the first day of April eighteen hundred and sixty-three. state arms, &c. 2. Resolved, that the governor be instructed to use all proper dili- and^rTnsfen-ed geuce in collecting the state arms and other public property in their »overameat l,e P ossess i° n > an ^ to proceed, as far as can be done under existing cir- cumstances, to execute the provisions of the act of assembly, by transferring the arms and other public property to the confederate Proviso government : provided, that all persons belonging thereto may volun- teer, or if subject to conscription, may be conscripted into the mili- tary service of the Confederate States at any time prior to said date. SEPARATE ELECTION PRECINCTS. Accomack — Court-house ; Chingoteagae ; New Church ; Corbm and Fletcher's ; Mapp's ; 'Guilford ;.Newstown; Onancock; Pungoteague. Albemarh — Court-house ; Lindsay's Turnout ; Everettsville ; Stony Point ; Earleysvilie , Blackwell's; Free Union; Whitehall; Woodville; Batesville; Hillsborough; Crossroads; Covesville; Porter's ; Warren ; Wingfleld's ; Milton; Scottsville; Monticello House ; How- ardsville. Alexandria — Five districts—Identical with magisterial districts, Alleghany — Court-house; Robert Skeen's Hotel; John O.Taylor's; George StulPs ; 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; Temperaac* ; Pedlar Mills ; Elon ; Court-house ; Buffalo Springs. Appomattox — Court-house ; 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 ; Fishersville ; Church- ville; New Hope; Craigsville; Deerfield; Mt. Solon; Swoop's Mill; Midway; Newport. BaaLour — Court-house ; Burner's ; Nutter's ; Bartlett's ; Mitchell's ; Yeager's ; Gl&cty Creek ; Holtsberry's ; Coal Precinct. Bath — Court-house ; Cedar Creek ; Hamilton's ; Cleek's Mill ; Williamsville ; Milton ; Green Valley. Berkeley — Court-house ; Billingre's Hotel ; Mill Creek ; Hedgesville ; Falling Waters ; Robinson's Mill ; 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 ; Ste&e- street ; Jacob P. Conrad's. Brooke — At same place as magisterial elections ; Goodwill School-house. Brunswick — Court-house; Benton Precinct ; Trotty's Store ; Oak Grove; Lucy's Store ; Smoky Ordinary ; Nicholson's Precinct. Buckingham — Court-house ; Stanton's Shop ; New Store ; Wright's ; Curdsville ; Alien's. 132 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 Burlington's. Campbell — Places the same as for magisterial elections. Caroline — Court-house ; Reedy Church ; Oakley's ; Needwood ; Sparta ; Pitts' ; Port Royal; Sycamore; Golansville; Madison's. Carroll — Court-house ; Polly Quescnberry's ; Thomas Quesenherry's ; Laurel Fork ; Kin- ney's ; Easter's ; Newman's ; Sulphur Springs ; Richard Haynes 7 ; Nathaniel Haynes'. Charles City — Court house ; Delarue's ; Ladd's ; Waddell's ; Apperson's ; Vaiden's. Charlotte — Court-house ; Keysville ; Smith's Tavern ; Clement's ; Wyliesburg ; Roby's Shop; Hawrey's Store; Matthews & Smith's Store. Chesterfield — Court-hoxxsi ; Britton's Shop; Shell's Tavern; Manchester; Robinson's Store; Clover Hill. Clarke — Court-house ; Russell's Tavern ; White Post ; Millwood ; Royston's Tavern ; Collier's Toll-gate. Craig — Court-house ; Carper's Tavern ; Walker's Store ; Scott's Tavern ; Martin Huff- man's ; George Sarvers. Culpeper — Court-house ; Rixyville ; Colvin's ; Stevensburg ; Pottsville ; Gathright's ; Wellsborough ; Griffinsburg. Cumberland — Court-house; Tavern Precinct; Oak Forest; Irwin's. Oinwiddie — Court-house ; Billups' ; Goodwynsville ; Williams' Shop ; Darvill's ; Wil- liams'; Sutherland's. Doddridge — Court-house; Allen's; Bond's; Key's; Davis'. Elizabeth City — Court-house ; Liveley's Ordinary ; Fox Hill. Essex — Court-house ; Occupacion ; Lloyd's ; Miller's ; Bestland ; Centre Cross. Fairfax — Court-house; Crossroads; Arundel's; Sangster; Ross'; Dranesville ; '4A.nan- dale ; West End ; Accotink ; Ceutreville ; Falls Church ; Fars ; Bayless ; Pulman's. Fauquier — Court-house ; Plains ; Salem ; White Ridge ; Farrowsville ; Orleans ; Liberty ; Morrisvillo; Paris; New Baltimore ; Rectortown; Weaversville ; Uppervillo. Fayette — Court-house ; Blake's ; Gauley Bridge ; Fleshman's ; Lewis' ; Keeney's ; Ter- m's ; Coleman's. Fluvanna — Court-house; Howard's Store ; Columbia; Moms' Store ; Kent's Store; Ha- den's Store; Bashau and Snead's ; Bledsoe's; Union Grove. Franklin — Court-house; Allen's; Union Hall; Booth's Store; McVey's Tanyard; Helm's ; Dickerson's ; Kinsey's ; Richland Grove ; Bush's Store ; Sydnorsville ; Snow Creek ; Aldridge's Store. Frederick — Court-house ; Engine-house ; Gwinn's Tavern ; Hoover's Tavern ; Newtown ;. Middletown ; Russell's ; Anderson's ; Brucetown ; Swhier's ; Cole's School-house ; Pugh- town. Giles — At the same places as magisterial elections ; Howe's Hotel. Gilmer — Court-house; Jerkland; Burke's; Widow Stump's ; DeKalb's; Peregrine Hays' ; ' Hsott's; Hewett's; Troy. SEPARATE ELECTION PKECINCTS. 133 Goochland — Court-house ; Little Store ; Perkinsville ; Smith's Shop ; Mills' ; Holland's ; Poor's; Jennings'. Gloucester — Places the same as for magisterial elections. Greenbrier — Court house ; Blue Sulphur Springs ; Lick Creek ; Anthony's Creek ; Spring Creek; Southside; Lewisburg; White Sulphur; Miller's; Irish Corner; Williamsburg; Frankfort. Greene — Court-house ; Kuckersville ; Terrill Shiflett's ; McMullansvilie. Greenesville — Court-house ; Ryland's Depot ; Blunt's Mill ; Poplar Mount. Halifax — Court-house ; Meadesv ille ; Mount Carmel ; Halifax Springs ; High Hill ; Hud- eon's ; Garrett's Store ; Whiteville ; Republican Grove ; Brooklyn. Hampshire — Court-house; John Liller's; Miers'; Burlington ; Taylor's ; Doyles'; Thompson's; Lupton's; Kisner's; Lovett's ; Mrs. Offutt's; Stump's; Fority; Sherrard'e 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; Shinnston; Union Meeting-house; West Milford; Lunibes- 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 ; Gwiu's. Jackson — Ripley; Click's; Jones'; Range's; California; Depue's ; Three forks of Reedy; Trumansville ; Ravenswood; Squire Slaven's; Murrayville; Moor's Mill; Mo~ 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; Altzs' ; Couts' Mouth ; Dog Creek ; Givens' ; Maiden ; Fork Coal ; Harper's ; Gatewood's ; Mouth Sandy ; Brooks' Store. King George — Court-house ; Hampstead ; Clifton ; Shiloh. King Sf Queen — Court-house ; Clark's Store ; Stevensville ; Newtown ; Centreville. King William — Court-house ; Plain Dealing ; Aylett's ; Lanesville. Lancaster — Court-house ; Litwalton ; Kilrnanock ; 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 — Courthouse;" Watcrford ; Lovetsville; Hillsborough; Waters'; Purceli's Store; Snickersville ; Union; Middleburg; Mt. Gilead; Gum Spring; Whaley's; Goresvills. 134 SEPARATE ELECTION PRECINCTS. t 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 ; _ Locklomond ; Bagley's Store ; Jordan's Store. Madison — Court-house ; Stony Hill ; Criglersville ; Huffman's Mill ; Graves' Mill ; Ra- p idan Meeting house ; Fleshman's Shop ; Locust Dale. Marion — Places the same as those for magisterial elections, and at Glover's Gap. Marshall — Court-house ; Pleasant Hill ; Jones' Hotel ; Bleak's School-house ; Parsons' Precinct; Mouth of Fish Creek ; Sand Hill; Crossroads; Smart's School-house ; Burley's; TerrilPs School-house ; Big Eun ; Fair View ; Linn Camp. Mason — Court-house; Berriage Precinct; Love Precinct; Barnett Precinct; West Co- lumbia; Neaso Precinct ; Eighteen Mile Precinct; Grigg's; Sixteen Mile Precinct; Thir- teen Mile Precinct. Matthews — Same places as for magisterial elections. Mecklenburg — Court-house ; Jones' ; Edmundson's ; Clarkesville ; Reeke's ; Overby's , Wright's; Harwell's; Christiansville ; Gillespie's. Middlesex — Jamaica; Saludo; Sandy Bottom. Monongalia — Court-house ; Guseman's ; Jones' ; Osburn's"; Eoss' ; Lofter's ; Cassville ; Cristiman's; Laurel Point; Cox's; Moore's Eiver ; Tenant's; Dowall's; Warren. Monroe — Court-house; Dickson's; Miller's Store; Eollinsburg; Mrs. Peck's; Eed Sul- phur ; Haynes' ; Centreville. Montgomery — Court-house: Guerrant's; Peterman's ; Price's Forks; Keister's; Crura - packer's; Lafayette; Kent and McConkey's ; Eough and Eeady; Lovely Mount. Morgan — Court-house ; Lowe's ; Baker's ; Unger's ; Hume's ; Swann's ; Miller's. Nansemond — Court-house: Hargrove's Tavern; Harrison's Shop; Holyneck; Ckucka- tnck ; Somerton ; Darden's Store ; Cypress Chapel. Nelson — Fortune's ; New Market ; Faber's Mill ; Greenfield ; Massie's Mill ; Eoberts*. Netc Kent — Court-house; Barhamsville ; Chandler's Store ; Eatcliff's Tavern. Nicholas — Court-house ; Taylor's ; Brown's ; Neil's ; Dunbar's ; Nutter's ; Sawyer's ; IPierson's. Norfolk City— Four Wards. Norfolk County — Court-house; Glebe School-house; Sycamore's; Deep Creek; School- Ihouse, District No. 2 ; School-house in Providence ; Pleasant Grove School-house ; Butts' IRoad School-house. Northampton — Court-house ; Bay View ; Franktown ; Johnsontown ; Capeville. Northumberland — Court-house ; Lottsburg ; Burgess' Store ; Wicomico. Nottoicay — Court-house ; Jennings' Ordinary ; Wilson and Jones' ; Blackfare. Orange — Court-house; Barboursville ; Thomas Smith's; Thomas Ehoade's; Locust Grove. Page— Court-house ; Honey ville; Oakham; George Price's Mill; Springfield; Mohler's Mill ; Eileysville ; Prunty's Mill. SEPARATE ELECTION PRECINCTS. 135 I Patrick — Court-house; Robertson's ; Aldridge's and Lee's ; Penn's Store; Carter's Store ; Hancock's ; Elamsville ; Slusher's ; Connor's ; Shilor's ; Gates' ; Mankin'si Pendleton— ^Franklin ; Harper's; Kiser's; Vint's; Cowyer's Mill; Mallow's; Seneca; Circleville. Petersburg — Centre Ward ; East Ward ; South Ward ; West Ward. Pittsylvania — Court-house; Danville; Spring Garden; 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 f Sugar Creek ; Pine Grove; Hale's Mill. Pocahontas — Four districts — Places of election the same as for magistrates. Poichatan — Court-house ; Clarke's Mill ; Macon ; Suhlett's. Preston — Brandonville ; Miller's; Burnel's; Feather's; Summit School-house; Germany: ©raham's; Huddlesin's; Kangwood; Martin's; Independence; Evansville; Nine's; Funk's Princess Anne — Court-house ; Kempsville ; London Bridge ; Capp's Shop ; Creed's Bridge ; Blackwater. Prince Edward — Court-house; Marble Hill; Spring Creek; Prospect; Farmville; Sandy Eiver. Prince George — Court-house; City Point; Lilley's School-house; Tuttle's Precinct: Harrison's Store ; Templeton. Prince William — Dumfries; Cole's; Occoquan; 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 in March and August, First Monday, March, June, do. do. Charles City, 6. ISth May and November, Third Thursday, Do. May, do. do. Charlotte, 3. 25th March and August, First Monday, Do. June, do. do. Chesterfield, 2 7th May and 12th Nov'r, Sec>mt Monday, Do. do. do. do. Clarke, 13. 12th May and October, Second Monday in June and 4th in other months, Feb'y, May, July, Octo'r. Clay, 15. 1st April and September, Second Monday, March, June, August , N o vein. Craig, 14 15th March and August, Fourth Monday, Do. do. do. do. Culpeper, 10. 1st Monday June and Nov. Third Monday, Do. May, do. do. Cumberland, 3. 5th March and August, Fourth Monday, Feb'y, do. July, Octo'r. Danville, 3. 22d March and August, Thursday after 2d a Monday, March, June, August, Novem. Dinwiddie, 2. 20th March and 26th Sept, Third Monday, Do. May, do. do. Doddridge, 19. 22d May and October, Fourth Monday, Do. Jnue, do. do. Elizabeth City, 6. 15th March and September, Fourth Thursday, Do. May, do. do. Essex, 8. 25th April and 12th Nov'r, Third Monday, Do. do. do. do. Fairfax, 9. 1st Monday June and Nov. Third Monday, Do. June, do. do. Fauquier, 9. Tuesday after 1st Monday in April'and September, Fourth Monday, Do. May, do. do. Fayette, 15. 7th June and November, Thursday after 2d Tuesday, Do. June, do. do. Floyd, 16. 1st Monday April and Sept Thursday after 3d 1 Monday, Do. do. do. do. Fluvanna, 10. 10th April and September, Fourth Monday, Do. May, do. do. Franklin, 4. 15th May and October, First Monday, Do. June, do. do. Frederick, 13. 10th June and November, Monday before 1st Tuesday, Do. do. do. do. Fredericksburg, _ Second Thursday, Do. do. Octo'r, Decern. Giles, 15. 20th May and October, Second Monday, Do. do. August, Novem, Gilmer, 19. 19th April and September, Tuesday after 3d Monday, Feb'y, do. do. do. Gloucester, 6. 13th April and October, First Monday, March, May, do. do. Goochlaud, 10. 1st April and September, Third Monday, Do. do. do. do. Grayson, 16. 4th Monday April and Sept. Fourth Monday, Feb'y, do. July, do. Greenbrier, 14. 1st May and October, Fourth Monday, March, June, August do. Greene, 10. 3d Monday June and Nov. Wednesday after 2d Monday, Do. do. do. do. Greenesville, 1. 28th April and 2d Nov'r, First Monday, Do. May, do. Octo'r. 138 TIMES AND PLACES OF COURTS. Counties Circuit courts. County and corpora- County and corporation and corporations. When terms commence. Monthly terms. courts. Quarterly terms. Circuits. Halifax, 3. 1st May and October, Fourth Monday, March, June, Ang't, Novem. Hampshire, 13. 1st April and September, Fourth Monday, Do. do. do. do. Hancock, 20. 10th March and August, Tuesday after 2d Monday, Jan'y, April, June, October. Hanover, 8. 10th March and 26th Sept. Fourth Tuesday, Feb'y, April, July, Novem'r. Harrison, 21. 15th April and September, First Monday, March, June, August, do. Hardy, 12. 20th April and September, Monday before 1st Tuesday, Do. do. do. do. Henrico, 6. 23d April and October, First Monday, Do. May, do. do. Henry, 4. 1st April and September, Second Monday, Do. Jiine, do. do. Highland, 12. 2d May and October, Thursday after 3d Monday, Do. May, do. Octo'r. Isle of Wight, 1. 16th May and 18th October, First Monday, • Do. June, do. Novem. Jackson, 18. 2<1 May and October, Second Monday, Feb'y. do. do. do. James City and Williamsburg, 6. 25th May and November, Second Monday, March, do. do. Octo'r. Jeiferson, 13. 20th May and October, Second Monday in June and October, 3d in other months, Do. do. do. do. Kanawha, 18, 27th May and October, Third Monday, Feb'y, do. do. Novem. King George, 8. 23d March and 12th Sept. First Thursday, March, do. do. do. King & Queen, 8. 2d May and 19th Nov'r, First Thursday, Do. May, do. do. King William, 8. 13th May and 25th Nov'r, Fourth Monday, Do. do. do. do. Lancaster, 8. 15th April and 2d Nov'r, Third Monday, Do do. do. do. Lee, 17. 2d Monday after 4th Mon- day in April and Sept'r, - Do. June, do. do. Lewis, 19. 8th May and October, Second Monday, April, do. do. Septem. Logan, 15. 1st Monday after 4th Mon- day in April and Sept'r, Third Monday, March, do. do. Novem. Loudoun, 9. 4th Monday in April and 3d Monday in October, Second Monday, Do. do. do. do. Louisa, 10. 20th April and September, Second Monday, Do. do. do. do. Lunenburg, 2. 13th April and 8th Oct'r, Second Monday, Do. May, do. do. Lynchburg, 3. 3d June and November, First Monday, Do. June, do. Octo'r. Madison, 10. 1st Monday Mar. and Aug. Fourth Thursday, Feb'y, do. do. do. Marion, 21. 10th June and November, First Monday, March, do. do. Novem. Marshall, 20. 1st May and October, Third Monday, Do. do. do. do. Matthews, 6. 6th April and September, Second Monday, Do. May, do. do. Mason, 18. 18th April and September, First Monday, Feb'y, June, do. do. Mecklenburg, 2. 2d April and 15th Sept'r, Third Monday, Do. May, do. do. Mercer, 15. 27th May and October, Thursday after 2d Monday, March, June, do. do. McDowell, 17. 1st Monday Mar. and Aug. Second Monday, Do. do. do. do. Middlesex, • 6. 1st April and October, Fourth Wednesday, Do. May, do. do. Monongalia, 30. 1st April and September, ' Fourth Monday, Do. June, do. do. Monroe, 14. 12th May and October, Third Monday, Do. do. do. do. Montgomery, 16. 2d Monday in Ap'l and Sep. First Monday, Do. do. do. do. Morgan, 13. 6th May and October, Fourth Monday, Do. do. Sept. do. Nauseuiond, 15. 16th April and 12th Oct'r, Second Monday, Do. do. Aug. do. Nelson, 10. 27th April and September, Fourth Monday,- Feb'y, May, July, do. New Kent, 6. 10th May and November, Second Thursday, March, do. Aug. do. Nicholas, 15. 6th April and September, Monday before 2d Tuesday, Do. June, do. do. Norfolk city, 1. 1st June and 15th Nov'r, Fourth Monday, Feb'y, April, July, October. Norfolk county, 1. 1st April and 28th Sept'r, Third Monday, March, June, Aug't, Novem. Northampton, 5. 3d Monday in Ap'l and Sep. Second Monday, Do. do. Sept. do. Northumberland, 8. 9th April and 28th Oct'r, Second Monday, Do. May, Aug. do. Nottoway, 2. 20th April and 15th Oct'r, . First Thursday, Do. do'. do. do. Ohio, 20. 10th May and October, First Monday, Feb'y, July, Sept'r, Decern. Orange, 10. 1st May and October, Fourth Monday, March, May, Aug't, Novem. Page, 12. 11th April and September, Fourth Monday, Feb'y, do. July, do. Patrick, 4. 12th April and September, Fourth Monday, Do. do. do. do. Pendleton, 12. 27th April and September, Thursday after 1st Tuesday, March, June, Sept'r do. Petersburg, o. 22d May, 16th November, Third Thursday, Do. do. do. Decern. Pittsylvania, 4. 28th May and October, Third Monday, Do. do. Aug. Novem. Pleasants, VJ. 30th May and October, Thursday after 2d Monday, Feb'y, May, July, October. Pocahontas, 14. 23d April and September, First Tuesday, March, June, Aug't Novem. Powhatan, 2. 2d May and 27th ( tctober, First Wednesday, Do. do. do. Octo'r. Preston, 21. 18th March and August, Second Monday, Feb'y, May, July, Novem. Princess Anne, 1. 25th May and 22d Sept'r, First Monday, March, June, Aug. do. Prince Edward, ;i. 15th March and August, Third Monday, Feb'y, May, July, do. Prince George, 2 i7th May and 12th Nov'r, Second Thursday, March, do. Aug't do. Prince William, 9. 2d Monday in May and Oct. First Monday, Do. June, do. do. Pulaski, 16. 3d Monday April and Sep. Thursday after 1st Monday, Do. do. do. do. Putnam, 18. 8th April and September, Fourth Monday, * Do. do. do. do. Raleigh, 15. 3d Monday April and Sep. First Monday, Do. do. do. do. Randolph, 21, 26th May and October, Fourth Monday, Do. do. do. do. TIMES AND PLACES OP COURTS. 139 Counties Circuit courts. County and corpora- tion courts. County and corporation and corporations. When terms commence. Monthly terms. courts. Quarterly terms. Circuits. Rappahannock, 9- 3d Monday in March and 1st Monday in October Second Monday, March, May, August, Novem . Richmond city, 7. 1st May and November, Second Monday, Jan'y, Ap'l, July, Octo'r. Richmond co. 8. 3d April and 23d October, First Monday, March, May, August, Novem, Ritchie, 19. 15th April and September, Tuesday after 1st Monday, Feb'y, June, do. do. Roane, 18. 17th May and October, First Monday, Jan'y, Ap'l, July, Sept'r. Roanoke, 14. 22d March and August, Third Monday, March, June, Aug't, Novem, Rockbridge, 11. 12th April and September, Monday before 1st Tuesday, Do. do. do. do. Rockingham, 12. 11th May and October, Third Monday, Feb'y, May, do. do. Russell, 17. 4th Monday April and Sep. Tuesday after 1st Monday, March, June, do. do. Scott, 17. 34 Monday after 4th Mon- oay April and Sept'r, Tuesday after 2d Monday, Do. do. do. do. Shenandoah, 12. 30th March and August, Monday before 2d Tuesday, Do. do. t do. do. Smyth, 17. 1st Monday April and Sep. Tuesday after 1st t Monday, Do. do. do. do. Southampton, 1. 2d May and 7th October, Third Monday, Do. do. do. do. Spotsylvania, • 8. 20th May and 6th October, First Monday, Do. do. do. do. Stafford, 9. 4th Monday Mar. and Sept. Third Wednesday, Do. do. do. do. Staunton. _ Wednesday after 1st Monday, Feb'y, May, July, Octo'r. Surry, 1. 10th May and 25th Oct'r, Fourth Monday, March, do. August, Novem. Sussex, 1. 24th April and 29th Oct'r, First Thursday, Do. do. do. Octo'r. Taylor, 21. 4th March and August, Fourth Monday, Do. June, do. Novem. Tazewell, 17. Last Monday Mar. and Aug. Wednesday alter 1st Monday, Feb'y, May, July, Octo'r. Tucker, 21. 22d May and October, Third Monday, March, June, Aug't, Novem, Tyler, 20. 22d April and September, Second Monday, Do. do. do. do. Upshur, 21. 4th April and September, Third Monday, . Do. do. do. do. Warren, 12. 25th March and August, Third Monday, Do. May, do. do. "Warwick, 6. 21st March and September, Second Monday, Do. June, do. Decern. "Washington, 17. 2d Monday April and Sep. Fourth Monday, Do. do. do. Novem, Wayne, 18. 20th March and August, Tuesday after 1st Monday, Do. do. do. do. Webster, 15. 14th April and September, Fourth Tuesday, Do. do. do. do. Westmoreland, 8. 28th March and 18th Oct'r, Fourth Monday, April, May, do. do. Wetzel, 20. 12th April and September, Tuesday after 1st Monday, Feb'y, do. July, Octo'r Williamsburg, 6. 25th May and November, Fourth Monday, March, June, Aug't, Novem, Winchester, _ _ _ First Saturday, Do. May, do. do. Wirt, 19. 3d April and September, Tuesday after 4th Monday, Feb'y, June, do. do. Wise, 17. 1st Monday after 4th Mon- day in April and Sept'r, Fourth Monday, March, do. do. do. Wood, 19. 5th June and November, Third Monday, Feb'y, do. do. do, Wyoming, 15. 4th Monday April and Sep. Friday after 3d Mon- • dayl March, do, do. do. Wythe, 16. 1st Monday May and Oct'r, Second Monday, Do. do. do. do. York. 6. 26th March and September, Third Monday, Do. May, do. Octo'r^ RECEIPTS. 1861. Oct. 1, To balance, per last annual report, 31 , To receipts in October 1861 , Nov. 30, To do. in November 1861, Dec. 31, To do. in December 1861, 1862. Jan. 1, To* balance brought down, 31, To receipts in January 1862, Feb. 28, To do. in February 1 862, Mar. 31, To do. in Marcb 1862, April 1, To balance brought down, 30, To receipts in April 1862, May 31, To do. in May 1862, June 30, To do. in June 1862, July 1, To balance brought down, 31, To receipts in July 1862, Aug. 30, To do. in August 1862, Sep. 30, To do. in September 1862, 138,214 84 231,864 93 408,246 10 1,245,184 02 $2,023,509 89 717,911 69 252,149 81 1,094,432 67 492,603 06 $ 2,557 ,097 23 1,017,810 32 2,036,122 05 222,341 30 155,125 30 $ 3,431,398 97 482,839 78 278,449 08 '1,406,159 36 1,132,155 44 $3,299,603 66 Oct. 1. To balance against the treasurer this day, exclusive of the funds nnder the direction of the second auditor, $434,778 96 DISBURSEMENTS. By amount of warrants paid in October 1861* By do. do. November 1861 , By do, do. December 1861, Balance 31st December 1861, By amount of warrants paid in January 1862, By do. do. February 1862, By do. do. March 1862, Balance 30th March 1862, By amount of warrants paid in April 1862, By do. do. May 1862, By do, do. June 1862, Balance 30th June 1862, By amount of warrants paid in July 1862, By do. do, August 1862, By do. do. September 1862, Balance 30th September 1862, 284,274 65 280,990 97 740,332 58 717,911 69 $2,023,509 89 284,632 56 1,123,355 95 131,308 40 1,017,810 32 $2,557,097 23 2,279,868 57 129,553 69 539,136 93 482,839 78 $3,431,398 97 190,838 34 1,698,358 97 975,627 39 434,778 98 $ 3,299,603 6& Total amount of warrants issued by the auditor from the 1st October 1861 to the 30th September 1862, inclusive, Add warrants No. 8316, $18 00 ^ 8317, 84 25 1 Issued prior to the 1st October 1861, 8327. 55 00 { and paid since that day, 11472, 25 00 J Issued prior to the 1st October 1862, and unpaid on the morn- ing' of that day, Deduct warrants J lb, 1806, $5 12^) 4259, 24 70 6559, 19 00 6625, 520 99 6638, 21 00 > 6687, 25 00 6752, 15 96 6791. 100 00 - 6847, 28 00 J Paid by the ireasu Auditor's Office, Dec. 16, 1862, 8,658,846 52 182 25 8,&59,028 77 759 77 $8,658,269 90 APPROPRIATIONS General appropriations for fiscal year ending September 30, 1863 : Direct appropriations, - - - 8,954,798 f i Estimated amount not specified, - 2,500 00 Amount included in general appropriations! 8,957,298 7 J Salt. - - - - - 1,000,000 00 Other appropriations} - - - 2,980 44 Total, $9,960,279 15 This does not include money refunded under acts for refunding money received for ex* smption from military duty INDEX ADMINISTRATIONS. See Wills, &c. 10 AGENCY FOR RECEIVING AND FOR; WARDING SUPPLIES TO VIRGINIA SOLDIERS. Act establishing, 50 Agent, how appointed, 50 Depot, how provided, 50-51 Transportation, 51 Duty of agent as to advertising, 51 Salary of agent, 51 Clerks, 51 Soldiers, when detailed, 51 Bond, how given, • 51 Remedy against agent, * 51 Appropriation, 51 AGENTS FOR RENTING HOUSES. License to, 18 AGENTS FOR HIRING NEGROES. License to, 18 • AGRICULTURAL PRODUCTIONS. When taxed, 26-7 AGRICULTURAL PRODUCTIONS AND SUPPLIES. Preamble and resolution advising as to increase of, &c. 129-30 AIDS OF GOVERNOR. Ordinance as to, amended, 50 Number of aids governor may appoint, 50 Who to receive pay, 50 ALCOHOL. Act of 1862 repealed, 87 ALDERSON, J. M. Act for relief of representative of, 113 Militia fines to be delivered to collector, 113 Sheriff to give receipts, 1 13 Auditor to charge sheriff with amount, 113 ALIENS. License, when to issue to, 34 APPROPRIATIONS, Salary of clerk of sinking fund, 35 General assembly, 35 Elections, 35 Judges, 35 Prisoners, jurors, &c 35 Slaves condemned, 35 Expenses of penitentiary, 35 J. W. Hancock, Convicts, &c. Mileage to officers and guards, Penitentiary, Records court of appeals, Contingent expenses of courts, Militia, Adjutant general, Annuity to Virginia military institute, Military contingent fund, Public guard, Interior guard at penitentiary, Transportation of arms, Commissioners of revenue, Central lunatic asylum, Eastern lunatic asylum, Robert Saunders, &c. Win. M. Hume, Lunatics in county jails^ Deaf, dumtf and blind, Pensions, Civil prosecutions, Public warehouses, Governor's house, Capitol, Grattan's Reports, Leigh's Reports, Vaccine agent, Messenger in auditor's office, Registration of marriages, &c. Printing, Temporary clerks in auditor's office, Commissions to sheriffs, New river navigation company, Clerk joint committee on salt, Porter of senate, Fires, furnaces, &c. Temporary loans, Interest on loans for war tax, Interest bearing treasury notes, Naval officers, Military expenses, Auditing board, Virginia state line, Penitentiary, raw material for, Kean, Patrick, Hoyer & Ludwig, J. D. Pendleton and John Burwell, General fund, How disposed of, Limitation of power of auditor, Payments, when made, Table showing, at adjourned session, ARDENT SPIRITS License to distill or rectify, 35 35 35 35 35 35 35 35 35 35 35-6 36 36 36 36 36 36 36 36 36 36 36 36 36 36 36 36 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 37 38 38 38 38 38 38 38 38 38 142 ?3~14 144 INDEX. Prohibition of sale of, 27 ATTACHMENTS AGAINST NON-RESI- DENTS. Act to enlarge powers of circuit courts in. 77 Sale of slaves, how ordered, 77 How made, 77 ATTORNEYS AT LAW. Tax on license to, BAGATELLE TABLES. Tax on license to, 20 13 BANKS. Act to authorize conversion of Confede- rate treasury notes into other securi- ties, 82 Code amended, 82 When bank may loan money, ^ 82 Interest, 82 Loans, how regulated, 82 Proviso as to treasury notes, 82 BANKS (RELIEF OF). Act to amend act for, 83 Act 1861 amended, 83 Forfeiture of charter suspended, 83 Charter to remain in force, 83 Proviso, 83 BANKS (CONTINGENT Fl^D OF). Act to authorize banks to increase con- tingent funds, 58 Code amended, 58 Rate of dividends, 58 Surplus fund, 58 Limitation of surplus fund, 58 Tax on, BANK CHARTERS. BANK DIVIDENDS. 10 Tax on, BANK OF ROCKINGHAM. Act authorizing, to increase contingent fund, 104 Act to amend charter of, 104 Charter amended, 105 When charter to expire, 105 Treasurer to transfer certificates, 105 Bond and security, how given, 105 When execution may issue, 105 Denomination of notes, 105 Quarterly statements, 105 Board of directors, 105 Proviso as to small notes, 105 BARBERS. Tax on license to, 21 BILLIARD TABLES. Tax on license to, . 12-13 BIRTHS AND DEATHS. Act to amend section 22 of chapter 108 of Code, 58 Code amended, 58 Duty of commissioner, • 59 Compensation, Duty of auditor in certain cases, BONDS OF SHERIFFS. See Sheriffs' bonds. BOOK AGENTS. Tax on license to, BOWLING ALLEYS. Tax on license to, BRAGG, E. W. See Canfield. BROKERS. Tax on license to, 59 59 17 12 19 BUILDING FUND ASSOCIATIONS. Act allowing, to purchase stock, 111 Power to purchase stock, 111 BURWELL, JOHN. Appropriation to, 38 CANFIELD, E. W. AND C. D. BRAGG. Act for relief of, 119 CARRIAGES, BUGGIES AND OTHER • VEHICLES. Tax on license to sell, 20 CENTRAL LUNATIC ASYLUM. Act making appropriation to, 89-90 ' CERTIFICATES OF STOCK. See Chartered companies. CHAMBERS, GEO. W. Act for relief of, Preamble, Amount appropriated, 116 116 116 Effect of, CHANGE OF FIRM. CHARTERED COMPANIES. Act to authorize transfer and issue of new certificates of stock in, 89 When property sold or sequestered, 89 New certificates, how granted, 89 Old certificates destroyed, 89 When to report to auditor, 29 CHANGES IN CODE. See Freight on rail roads. See Tobacco inspectors. 6ee Banks, contingent funds of. See Births and deaths. See Contested elections. See Virginia military institute. See Printer to senate. See Interior guard at penitentiary. See Officers of penitentiary. See Sheriffs' bonds. See Clerks of courts. See Compensation of clerks of courts. See~~Hospitals (lands, how condemned for). See Circuit courts, special terms of.- INDEX. 115 CIRCUIT COURTS (SPECIAL TERMS Act to enlarge powers oi, fi'J Code amended, 6.1 Trial oi prisoner, G'J Sjufial term, GJ 'i»ial of pi isoner at special term, GJ CLERKS OF COURTS. Act to amend Code as to compensation of, for public ser\ iced, G3 Code amended, Oo Compensation for public services, 03 Corpuiatiuu of Richmond, • (i.i CLERK OF HUSTINOS COURT* OF RICHMOND. Act for relief of, 116-17 COLLATERAL INHERITANCES. Tax on, 7 COLLINS, C. A. J. Preamble and resolutions for demand of, from confederate government, J ^-1-25 COM M 1 S-JION M ERC II ANTS. Tax uu liceuse to, lo COMMISSIONS TO SHERIFFS AND COLLECTORS. On licenses, 32 COMMISSIONERS OF ELECTION. Ri'souirion giving power to justices to appoint, ia ceituiu ca.-es, 124 COMMISSIONERS' COMPENSATION. Oilier than fees, :u Tax on, COMMON CEIER. 16-17 COMPENSATION OF CLERKS OF COURTS. Act increasing, dating war, 61 Code amended, 0> Lleik of county or corporation court. Fee for recordation ot writing, 0:5 Kecoidaiion of plat, . 04 Coitrst s, 04 In deed book, 3 continuation of act, 63 COMPENSATION OF FIDUCIARIES. Act to ptoside against iorleiture of, 82 CONFEDERATE INSURANCE COM- PANY. Company incorpoiaied, 98 Iusiiiance, how made, 91) Mon- y received uu deposit, 1.9 Funds to be invested Or loaned, UJ Power to purchase and lioid lauds, £9 Capital, 99 How payable, ilj Management of company, ! 9 Directors, how e.ectod, 9J President, how chose.t, 99 T.rm of office, 99 Vacancy, bow filled, 99 Sectetnry, how appointed, li J ( 'ompensaiioii of ufhvtr.-, 30J Power to appoint agents, lt'O S -ale of voting, 109 P .wer io trans er stock, li 9 Divi. lends, 300 Til make and pilbli" rport, J 09 Liability of members, 100 U^o-ks ot suosciip.ion; how opened, 100 146 INDEX. Board to give notice, Act to amend ith section of act of in- corporation, Funds, how invested, Real or personal estate, CONFEDERATE STATES TREASURY NOTES. , What, receivable in taxes, 33 See Banks. ■ .CONFEDERATE STATES WAR TAX. Act authorizing payment of interest on* bonds given for, 39 When to bear interest, 39 . When holders entitled to interest, 39 When auditor to issue warrant, 39 Rate of interest, . • 39 CONTESTED ELECTIONS. . Act to extend time for filing complaint in,, 59 , Code amended, 59 Returns, how enquired into, 59 Complaint, how made, 59 Duty of courts, 59 Time when complaint to be filed, GO Duty of clerk, 00 Proviso in case of justice of peace, 60 CONTINGENT FUNDS. See Banks. ' , . , CONTRACT FOR SUPPLY OF SALT. See Stuart, Buchanan & Co. COOK SHOPS, &c. Tax on license to, 12 COOLEY, B. B. & J. W. ,Act authorizing governor to deliver infant slave to, 1 15 Act authorizing sum of money to be paid to, for slave condemned, 115 Amount appropriated, 1 1 5 CORPORATIONS. Tax on charters of, 23 COUNCIL OF LYNCHBURG. Act to enlarge powers of, 107 Powers of council enlarged, 107 Council may enact ordinances, 107 Persons, when to be arrested, 107 Power of officers, 107 Armed police, 107 COUNCIL OF EICHMOND. Act 'to enlarge powers of, 100 Powers enlarged, 106 Council to enact ordinances, 107 Persons to be arrested for violating ordinances, 107 , Powers of officers, 107 Armed police organized, 107 COUNTY COURTS. Act to extend jurisdiction of, 78 Act of 1862 amended, 78 Ordinance amended, 79 Jurisdiction of courts, 79 101 Recordation, 79* When no tax to be charged, 79 101 Duty of clerk of circuit court of 101 Richmond, 79 101 Penalty, 79 Fees and postage, 79 COUNTY OFFICERS (ELECTION OF). Act to provide for, 76 When county prevented from holding elections for, • 76 Court may order election, 77 For unexpired terms, 77 COURT OF APPEALS. ActTas to sessions of, 80 Place of session may be changed, 80 Notice of removal, how given, ; 80 Removal of library, &c. 80 COURTS OF COUNTIES IN POSSES- SION OF ENEMY. See County courts. DAGUERREIAN ARTISTS. Tax on license to, 20 DEDUCTION FROM COMPENSATION OF COMMISSIONER. When made, ' ' 25 Tax on, DEEDS. DEPUTY COLLECTORS. How appointed, DISBURSEMENTS. Tables showing, 10 33 141 DISCHARGE FROM ACTIVE MILI- TARY SERVICE. Act to provide lor, of persons who have furnished substitutes, 41 When person who Las furnished substi- tute exempt, , 41 When entitled to discharge, 41 Question of exemption, how determined, 41 . DISTILLATION. See Spirituous and malt liquors. DISTILLATION OF FRUIT. Act for relief of persons engaged in, . 87 When person may appear, 87 When court satisfied as to failure to ob- tain license, ; 87 Auditor to issue warrant, 87-8 Duty of sheriff, . i 88 Duty of attorney for commonwealth, 88 DISTRESS FOR RENT PAYABLE IN MONEY. Act to amend act amending Code so as to exempt the property of persons in the military service from, 56 Act of 1862 amended, 56 No legal proceedings against persons in military service, 56 Exception as to criminal cases, 56 INDEX. 147 Exceptions, 56 DISTRESS FOR TAXES. When taxes niay be distrained for, 33 DISTRICT SCHOOL HOUSES IN HENRY. Act authorizing sale of, 130 Sale authorized, 110 Power of court, 110 Proceeds of sale, how disposed of, 110 Court to appoint commissioners, 110 Bond and security to be given, 110 DIVIDENDS OF COMPANIES NOT IN- CORPORATED BY THE STATE. Tax on, 5 DIVIDENDS OF STEAM BOAT SUCH LIKE COMPANIES. Tax on, AND DOMESTIC MANUFACTURES. How taxed, 27 DOUBLE TAX, When to be imposed, 25 DURATION OF SESSION. Resolution as to, 123 ELECTION LAWS. Act to provide for voting by persons in military service, &c. • 71-75 Where persons in camp may vote, 72 Commissioners, how appointed, 72 Polls for members of congress, &c. . 72 Polls for governor, &c. 72 Duty of commissioners, 72 Polls, where sent, 72 Refugees, where to vote, 72 Oath to be taken, , 73 Poll books, how transmitted, 73 Code amended, 73 Duty of commissioners, 73 Certificate, how written, 73 When officers to meet, 73 Returns, how compared, 73 Notice given, 73 Special elections, 73 Certified statement to secretary of com- monwealth, 73-4 Duty of secretary of commonwealth, 74 In case of tie, governor to decide, 74 Duties of governor under ordinance, 74 Proclamation of governor, how made, . 74 Request to president, 74 Result of vote, how forwarded, 74 See Elections of senators, eserti-rs, how arrested, . • 47 When major may be e'eeted, 4/ I'roviso as to troops being sent out of county, 47 HORSES AND MULES, SOLD FOR PROFIT. Tax onAjense, 20 HOSPITALS (LAND. HOW CONDEMI# ED FOR). Act authorizing county courts to con- • drum and for, f.l Code amended, (j'j Powers of court or council, (>^ 1, oids and houses, how condemned, fi'J Limitation, <> ' l'roviso as to dwelling houses, G9 HOYER & LUDVYIG. Appropriation to, HUME, W. M. Act for relief of, Appropriation, Amount, App.opriation to, IMPRESSMENT. Preamble and lesolut.on of iuotruc- tiou to senators as to, J lft J 18 118 3l> 123-4 IMPRESSMENT OF SLAYES. ^ee Public defence, and 43-7 INCOME. fax on, INSOLVENTS. Taxes of, how collected, INSPECTION OF FLOUR. Established at Danville, INSPECTOR OF SALT. Act to authorize appointment of, Inspector, how appointed, Salt to be inspected, Rules and regulations, how prescribed, Deputies, how appointed, Repealing clause, . , 28 01 55 56 INSPECTION OF TOBACCO. Established at Danville, 91 INSURANCE COMPANIES. Tax on license to, 20 INSURANCE AND SAVINGS SOCIETY OF PETERSBURG. Act to incorporate, 95 Company incorporated, 95 Privileges of company, 9 ,i Capital siock, 9J How paid, 9l> Meeting, when called, 9j Presi lent and directors, how appointed, 9 > Manageo ent, 9J Vacancies, how fired, 9J (juiiium in meetings of, 9 » Compensation of president, 9/ Secretary and officers, how appointed, 97 B »iid and security to be given, 97 Assignment ot stock, 97 Authority to make insurance, 97 Money received on depi sit, 97 Proviso as to bank notes, 97 Effect of policies of insurance, 97 Dividends, how deviated, 97 General meetings, 93 Agents, how appointed, 98 Corporation subject to repeal, 98 INTERIOR GUARD AT PENITEN- TIARY Act increasing compensation of, „ Ot Code amended, Gl Compensation of guard, Gl INTERNAL IMPROVEMENTS. '60 Tax on, 7-3 JAILORS' fees. Act concerning, Act of 18 te iimcndtd, Jailors' fees, Powers of courts, .TAILS OF THE STATE. Aet ns to u.-e of, by conledeiate govern- ment, When persons arrested under eonfude- late laws may be committed, E Proviso, It es of jailors, Duty ol jailors, Continuance ot act, INDEX. 1 4D Officers of separate military organiza- 51 1.-2 %'i r« h-4 JUDICIAL CIRCUIT (FOURTEENTH). Aet changing tonus of courts in, 77 Aet of ioo4 amended, 77 Terms of courts, 77 JUNIOR MAJORS. Act for payment of, "When iu be paid, KEAN, PATRICK. Appropriation to, 49 49-5u 33 LAIDLEY, JAMES M. & AL. Let f r ic.iei of, 1 13 ti ns. See Junior majors. 49 MANUFACTURING COMPANIES. Tax on charters of, ib'-ll MANUFACTURERS OF POUTER, ALE AND IJEKR. Tax on license to, 19 MATTHEWS, T S. A. See Laidley, Jan.es M. MEDICINES. License for sale of, 17 MERCHANTS. License to sell aid* nt (-pints, H-15 MERCHANT WHO IS A BEGINNER. Tax on license to, ~8-i) . MERCHANT TAILORS. Tax on license to, 15 Mil L SWAMP PRECINCT. Act establishing, in Isle of Wight, 119 MINERS AND MANUFACTURERS. Aiuiitor authorized to make settlement, 1 13 j Licence to, and tax on. Damages, lelea^ed, 3 13 Auditor, when to refund, 11 J LANDS AND LOTS. Taxes on, 3 LICENSES. To whom not to issue, 21 How granted, 2? Prohibition of sa'e of ardent spirits, &c. 27 LICENSED PRIVILEGE. Where exercised, 2 1 LIMITATION OF LICENSE. License, how hauled, 21 LITTLETON, THOMAS. Aet for relief of, 116 Preamble, 116 Auditor to pay account, 116 LISTS. How made out, and I'm whom, 31 LIVELY, E. II. Appropriation to, 36 LIVERY STABLES. Tax on license to, H3 LV BROOK, S. E. Act for relief of, 119 LYNCHBURG. See Council of. MAJOR. Act allowing but one to a regiment, 49 MISDEMEANORS. Aot to extend time lor prosecution of, in certain eases, 73 MONEY RECEIVED FOIf EXEMPTION FROM MILITARY DUil. Aet to reiuud, Preamble, • When money to be refunded, When sheriff' ma\ leiund, Act of 186:5 an. ended, When auditor to issue warrant, Cost-, Act of. 1833 amended. When warrant to issue, 47 47 -8 48 48 48 48 49 49 NEGKO AUCTIONEERS. Tax on license to, 1G NORTHWESTERN BANK AT JEFFER-. SONVILLE. Act amending act converting, into sepa- rate bask, 84 Act of 183J amended, 81 When loyal stockholder may demand — tiansfer, 84 Wrtifica'e of stock, Low returned and assigned, 84 OATH TO SUPPORT USURPED GOVERNMENT. Act concerning others of state who* have taken, 88 What, when oath taken by officer, 88 Acts to tie void, 88 To whom act applies, 88 i 'ath or aifiimation. how taken, 88 Record evidence not required, 89 150 INDEX. OFFICERS OF PENITENTIARY. Act increasing - salaries of certain, 61 Code amended, ; 61 Salary of superintendent, 61 Salary of assistants, 61-2 Salary of surgeon, 62 Directors, 62 Clerk, salary of, 62 Time act continues, 62 ORDINARIES. Tax on license to, 12 OUTLINE OF TAX BILL. Resolution directing auditor to prepare, 128 PARIS, WILLIAM. Act for relief of securities of, 114 Act amending act, 114 Relief to securities; damages refunded, 114 Act, how construed, 114 Money, how refunded, 114 * PASSPORTS FOR MEMBERS. Resolution requesting governor to ap- ply for, 123 Governor requested to apply for pass- ports fur state officers, 123 PATENT RIGHTS. Tax on license to sell, PENALTIES. For failure to obtain license, How recoverable, PENDLETON, J. D. Appropriation to, PERSONAL PROPERTY. Taxes on, What exempt from taxation, PHYSICIANS AND OTHERS. Tax on license to, PIERCE, W. H. Appropriation to, J? 38 3-4 29-30 20 3b POPULATION OF COUNTIES, CITIES AND TOWNS. How estimated, 29 PRINTER TO SENATE. Act amending Code, to compensate, 61" Code amended, 61 Annual salary of printer, 61 Extra work, when paid for, 6L PRIVATE CORPORATIONS. Tax on, 11 PRIVATE ENTERTAINMENT. Tax on license for, 11 Tax on, PROFITS. 6-7 PROSPECT TAN-YARD COMPANY. Act to incorporate, 104 Company incorporated, Name of company, K'ights and privileges, Power to purchase real estate, Capital, 104 104 104 104 104 Taxes on, PUBLIC BONDS. PUBLTC DEFENCE (SLAVES). Act to provide for, 42-46 Act of 1862 amended, 42 Slaves, how called into service of Con- federate States, 42 Time of service, 42 How apportioned, 42 When governor may exempt counties, 42 Persons, how exempted, 42 Monthly allowauce for slaves, 42 Value of, when paid by confederate government, 42 Compensation for injuries, 42-3 Burden of proof, 43 Hired slaves, how regarded, 43 Notice of requisition, 43 Duty of clerks of courts, 43 Duty of sheriffs, 43 Number of slaves subject to requisi- • tion, how ascertained, 43 Apportionment, how made, 43 Proviso as to soldiers and widows, 43 When slaveholder not exempted, 43 How slaves delivered, 44 When returned, 44 How seized, and when, 44 Expenses, how paid, 44 Fine for withholding slaves, 44 Sheriff to report delinquents, 44 Fine and execution therefor, 44 Detail of slaves, how made, 44 Clerk and sheriff to attend court, 44 Duty of clerk, 44 Duty of governor, 45 Number of slaves, 45 Receipts, how given, 45 Fee of sheriff, 45 Requisition to be equalized, 45 When number and time of service to be forwarded, 45 Slaves to be in charge of overseer or agent, 45 How discharged. 46 Subsistence, 46 Slaves sent voluntarily, 46 Act to be communicated to president, 46 Twelfth section of act amended, 46 How amended, 46 As to impressments, 46 Title amended, 46-7 Resolutions suspending act of 1862 as to certain counties, 122 PUBLIC POUND IN HENRICO. . Act authorizing establishment of, 110 Court to establish public pound, ■ 110 What animals to be confined, 110 Keepers to be appointed, 110 Expenses, how defrayed, 110 Fines imposed, . 110 When stock to be sold, 111 INDEX. 151 Where to be sold, 111 How bills of expenses to be assessed, 1 1 1 What, amount to be paid owners, 1 1 1 Proviso, 111 PUBLIC SHOWS, &c. Tax on license to, 19 RANDOLPH MACON COLLEGE. Act amending act authorizing a military school at,' 109 Act amended ; section as amended, 109 REAL ESTATE AUCTIONEERS. Tax on license to, 16 RECEIPTS IN TREASURY. Tables showing, 140 RECORD OF NAMES AND DEEDS OF CONSPICUOUS MERIT OF VIRGI- NIANS IN MILITARY SERVICE. Resolutions authorizing county courts to prepare, 130 Court authorized to purchase and pre- serve book of record, 130 Adjutant general to prepare books, 130 REDRESS AGAINST NEW ASSESS- MENTS. See 26 REFRESHMENTS IN THEATRES. Tax on license for sale of, 18 REPORTS OF CHARTERED COM- PANIES. When to be made to auditor, 29 REPRESENTATION FOR COUNTIES, COURTHOUSES BEING IN POSSES- SION OF THE ENEMY. Act to provide, 75-6 Where districts partially in power of enemy, 75 When el«ctions cannot be held at court- houses, what, 76 Duty of conductor, 76 Duty of secretary of commonwealth, 76 Time within which to perform duties, 76 RICHMOND. See Council of. RICHMOND IMPORTING AND EX- PORTING COMPANY. Act to incorporate, 102 Company incorporated,. 102 Corporate name, 102 Capital, ■ 102 Affairs of company, how managed, Iu2 Proviso, 102 Act amending act, 103 Company incorporated, 103 Corporate name; powers, 103 Capital, 103 Affairs, how managed, 103 . ROANOKE VALLEY RAIL ROAD. Act for sale of, 85 Power to sell, 85 Notice of .sale, 85 Sale subject to approval of board of public works, 85 Proviso as to validity of sale, 85 Proceeds of sale, 85 ROCKBRIDGE INSURANCE COMPANY. Act to amend charter of, 101 Act of 1861 amended, 101 Twelfth section amended, 102 SALE OF ARDENT SPIRITS IN THEATRES. Tax on license for, . 18^-19 SALE OF PORTER, ALE AND BEER. Tax o*n license for, 19 SALT (PRODUCTION AND DISTRI- BUTION OF). Act to provide for, 52^55 Superintendent of salt works, 52 How elected, 52 How removable, ■ 52 Bond, how given, 52 In case of vacancy, 52 Duties of superintendent, 52-3 Powers of, 53 Board of supervisors, 53 Leases, how confirmed and continued, 53 Exception, 53 Other furnaces, 53 Assistants, how appointed, 53 Salaries of, » 53 Control of transportation, 53 Salt, how distributed, 53 Value of impressed property, bow ascer- tained, 53-4 Dirty of assessors, 54 How, in case owner refuse to appoint assessor, 54 Assessors of real property, how appoint- ed, 54 Appeal, when allowed, 54 No injunction to be granted, 54 Valuation, how paid, 54 Salt, how sold and delivered, 54 Price, how fixed, 54 Surplus, how disposed of, ■ 55 Monthly reports of superintendent, 55 Monthly reports of board of supervi- sors, 55 Amount appropriated, 55 Repealing clause, 55 SAMPLE MERCHANTS. Tax -on license to, 17 SAVINGS BANKS AND INSURANCE COMPANIES. Taxes on, 5 SAVINGS INSTITUTIONS. Tax on charters of, 11 » SAUNDERS, ROBERT. Appropriation to, 36 1-52 INDEX. T:ix on, SEALS. C-IO SENATORS AND DELEGATES. See Election of. SEPARATE ELECTION PRECINCTS. Sic Table of, i,_>i-J SEQUESTRATION LAWS. Tax on estates* passii g under, 7 SERGEANTS OF RICHMOND AND PETERSBURG. Act for relief of, ]I7 Relief gianted, ] )7 Amount appropriated, .1 17 Proviso. 117 SHERIFFS' BONDS. Act concerning, Code amended ftouds of Sheriffs, &c. An omit of liond, When security deemed insufficient, Auditor may petition, New hi.iid, "When court to remove officer, SH K RIFFS' COMM 1SSI0NS. On taxes otliur than licenses, SLAVES. Bought or sold for on. tit. Number of, escaping to enemy, how ascertained, See Public defence. 62 (5; iSi 6J t>:i 30-31 SLAVES AND SIMILAR SUBJECTS. How taxed, lib SOUTHERN FEMALE COLLEGE OF PETERSBURG. Act to iucorpoiate, 1C8 Institution incoi pointed, U;s Trustees to hold property, iocs 31 oW managed, 108 Quoiuin, 1(18 How vacancy fill d, 1UH Ticasiuei' to leteive moneys, Jtti To give bond, 1U9 Amount ol joint stock subscription, 109 1'ivideuds, lltj Power to collect subscriptions, lo9 SPOTSYLVANIA COUNTY. Act to legalize proceedings ut court of, 103 I'n amble, ]ui> Proceedings legalized, loo* STATE TROOPS AND RANGERS. Act transferring, to confederate goveru- n.ent, 39-41 Goveini r directed to transfer, "50 I'mler what acts. Mi) When langeis n.ay elect major, i5J Company officers how elected, 40 Maitalioi.s and legm cuts, lu>w formed, 40 Field officers, liow chosen, 4J Battalions, when formed, 40 What tieiil officers discharged, 40 How regiments, «fce. u.tiateied into seivice, 40 How leci ived, 40 Who ma}' be discharged, 40 Inventoiy of arms, &e , how taken, 4J How iransli-rred to coniederate govern- ment, 40 Statit* oftio is, how appointed, 4U Anns, &.C., how valued, 40 Va. nation, how paid by confederate government, 41 Enlistments, when to cea a e, 41 Payments of ti oops not allowed after transfer, 41. "Wlun pay and radons not to be received, 41 13 STALLIONS. Tax on license to owners ol, STATEMENT OF RAIL ROAD Or llCERS, How made, 8 STUART, BUCHANAN & CO. (SALT). Resolution confirming oout.act wnh, liJ 127-sill V47 \-£l ]s>7 }z7 Wi 1*3 1*3 1*8 U6 Ul V4i Contract, Pal ties. Term of lease, Description ot real property, Furnaces, Salt water, Personal property, Wa» s to furnaces, Ai bitiatioii, Payments, how made, tMgnatutes, Contract confirmed, SUBSTITUTES. See Discharge horn active military service. Tax on, SUITS. SUTLERS. Tax on license to, S'»UTH SIDE RAIL ROAD COMPANY. Act to convert into stock interest due by. to state, 8u Amount t f interest to be converted, 8o Proviso us to pretiiied stock, rt.i Time of con in 'iicemelrt and comple- tion of woi.k, 8.1 j TAXES. SPIRITUOUS AND MALT LIQUORS. Act imposing, Act to amend act of iti-u, 66 j On persJus and property Distillation prohibited, 86 ; Bi ik charters, tax on, Penalties, 8/ j Baak dividends, " Pr viso as to existing contracts, * 87 IVyikI*. public, " 9 '23 •3-:] I 10 4 4 See A.coliol. Chatters of gas companies, &c, tax on, 11 IXDES. 153 Charters of manufacturing companies, tax on, • ' 10-]I Charter* of private corporation:;, tax on, 1 1 Charters of .savings banks, " 11 Collateral inheritances, 7 Deeds, " JO Dividend* of companies not incorpo- rated by this state, tax on, 5 Dividends of steam boat and such like companies, tax oir, 4-5 Estates sequestered, tax on, 7 Express companies, " 8-9 Free negroes, " 4 Income, " 5-6 Internal improvement companies, tax on, 7-8 See Statement of rail road officers. Lands and lots, taxes on, 3 Personal property, " 3-4 Profits, " ■ 6-7 Kate of taxes on profits, 6-7 liedress against erroneous assessment, 6 Savings banks and insurance companies, taxes on, 5 Seals, 9-10 Suits, 9 Statement of rail road officers, 8 Toll bridges and ferries, taxes on, 7 Transfer of statu stock, " 10 Unorganized companies, " 1 i "White males, '* 4 Wills and administrations, " 10 Licenses. Agents, book, 17 Agents for hiring negroes, 18 Agents for icutiug bouses, 18 Ardent spirits, to distill or rectify, 13-14 Attorneys at law — See Physicians. Auctioneers, general, 15-16 Auctioneers of negroes, 16 Auctioneers of real estate, 16 Auditor, power of, to reform assessments, 23 See Miners and manufacturers. Bagatelle tables, 13 Barbers, 21 Billiard tables, 12-13 Bowlingalleys, • 12 Brokers, $ 19 Carriages, buggies, &c. 20 Certificate ot commissioner, when license, 23 Commission merchants, 15 Commissioner to return obligations to auditor, when, 22-3 Commissioner, when liable, '23 See Mmers and manufacturers. Common crier, 16 Cook shops and eating houses, 12 Daguerreian artists, 20 Hawkers and peddlers, 21 Horses, mules, &c. sold for profit, 20 Insurance companies, 2d License, to whom not to be issued, 21 License to commence business as manu- facturer, 22-3 Livery stables, 13 Manufacture of porter, &c. 19 Medicines, 17 Merchants, ,14 Merchant's commission. 15 Merchant's license to sell ardent spirits, 14-15 Merchants, sample, 17 11 Merchant tailors. Miners and manufacturers, Penalty for failure to obtain license. Kate of taxation on, License to commence business, How enforced, Certificate, when license, Tax, when quadrupled, Assessment, how reformed, 15 21 -2 22 22 22 23 23 ' 23 23 Commissioner liable for false certificate, 23 Ordinaries, 12 Patent rights, 17 Penalt es on manufacturers for failing to obtain license, . 22 Physicians, attorneys at law, &c. 20 Private entertainments, 12 Public shows, &c. 17 Kate of taxation on manufactures, 22 Refreshments in theatres, Iw Sales of ardent spirits in theatres, 18 Sale of porter, ale and beer, 19 Slaves bought or sold for profit, 21 Sial lions, 18 Telegraph companies, 20-21 Theatrical performances, 17 General provisions. Agricultural productions, when taxed, 28-7 Aliens, how licenses may issue to, 31 Auditor to publish section of act, 33 Banks and insurance companies to report to auditor, 23 Commissions to sheriffs and collectors on license tax, 32 Commissions to sheriffs, 30-31 Commissioner's compensation, '61 Confederate States treasury notes, what receivable, 33 Corporation tax on, 23 Deduction from commissioner's compen- sation, 25 Deputy collectors, how appointed, 33 Domestic manufactures, how taxed, . 27 Double tax, when, 25 Effect of change of firm, 27-8 Erroneous assessment, 23 Forms for tax payers, 21 Insolvents, how collected, 28 Licenses, how granted, 27 License to sutlers, &c. 28 License to merchant, a beginner, 28-9 License, where exercised, 24 Limitation of license, 24 List for auditor, clerk, &c, fees of com- missioner for, 31 Market value of stocks to be taxed, 24 Number of slaves escaping to be as- Yertained, 31 Personal property exempt, 29-30 Penalty for lVduie to obtain license, "24 Penalties, .how recoverable, 32-3 Population of counties, how estimated, • 29 h'edress against new assessment, 26 Slaves and similar subjects, how taxed, 25 Tax on corporations, 23 Tax tickets. 24 Taxes, when distrained for, 33-4 Value of lauds and lots not to be changed, 25 When may be changed, 26 When agricultural productions to be taxed, 26-7 154 INDEX. When double tax imposed, 25 When forms to be furnished, 24 Wheu tax tickets to be made out, 24 When taxes may be distrained tor, 33 Where license privilege to be exercised, 24 TAX BILL. Resolution explanatory of, 126 TAX TICKETS. When to be made out, 24 TELEGRAPH COMPANIES. See Tax bill, • 126 License to, 17 TERMS OF COURTS. Tables showing, 137-3J THEATRICAL PERFORMANCES. Tax on license for, IS THORNTON, S. T. Act for relief of, 112 Preamble, 112 Court to authorize removal of slaves, 1 i2 Proviso, 112 Bond and security, 1 i 2 To report to court annually, 112 Court may require new bond, 112 Penalty for failure to give bond, 112 TOBACCO. Act to limit production of, 70-71 Preamble, 70 Production of tobacco limited, 7U Number of plants to each hand, 70 List of field hands to be rendered on oath, 70 Proviso as to crop, 70 Liat, how returned, 70 Penalty for violating 1st section, 70 AmouutNof tine, 70 Forfeiture, how disposed of, . 70 Penalty for violating 2d section, 71 Duties of judges and attorneys, • 7J Duty of commissioners, 71 Continuance of act, 71 TOBACCO INSPECTORS (FEES OF). Act increasing; Code amended, o.7 Fees to inspectors, 5d Continuance of act, . 58 Tax on, TOLL BRIDGES. TRANSFER OF STATE STOCK. Tax on, 10 - TRANSFER OF PRISONERS. Transfer directed, 121 TRANSPORTATION OF SALT. On rail roads and canals, 126 TRIAL. See Circuit courts. UNORGANIZED COMPANIES. How taxed, 11 USURPED GOVERNMENT. See Oath to support, 88 VALUE OF LANDS AND LOTS. Not generally to be changed, 25 When may be changed, 25 VIRGINIA MILITARY INSTITUTE. Act amending 2d and 5th sections ot chapter 34 of Code, 60 Code amended, 60 Board of visitors, how appointed, 60 Board a corporation, 60 Code amended, 60 Expenses of board, 60 r Preamble and resolutions as to disorderly practices at. 122 Condemnation expressed, 122 Insti action to officers, 122 Disapprobation of conduct of, 122 Requhenient of officers, 122 Duty of officers, 122 VIRGINIA SOLDIERS. See Agency for receiving and forward- ing supplies to. VOTING BY SOLDIERS. See Election laws. WHITE MALES. Tax on, % ... 4 WILLS AND -ADMINISTRATIONS. Taxes on, 10 WOMEN OF VIRGINIA. Resolution in honor of, 121 Patriotism appreciated, Ml Regarded with highest admiration, 121 Resolution to be entered on ; >utUit!s, X4L ZARVOVA, COL. See Transfer of prisoners. R. T. THE MEf With the amended ILL OF RIGHTS AS Adopted by the REF.OftM CONVENTION OF 1850-51 And amended 5by the convention of iseo-ei* When, on the 15th of May 1776, the Convention of Virginia instructed thoir delegates in Congress to propose to that body to declare the United Colonies free and independent States, it, at the same time, appointed a committee to prepare a declaration of rights and such a plan of government as would be most likely to maintain peace and order in the Co- lony and secure substantial and equal liberty to the people. On subsequent days the com- mittee was enlarged; Mr George Mason was added to it on the 18th. The declaration of rights was on the 27th reported by Mr. Archibald Gary, the chairman of the committee, and, after being twice read, was ordered to be printed for the perusal of members. It was considered in committee of the whole on the 29th of May and the 3d, 4th, 5th and 10th of June. It was then reported to the house with amendments. On the 11th the convention considered the amendments, and having agreed thereto, ordered that the declaration (with, the amendments) be fairly transcribed and read a third time. This having been done on the 12th^ the declaration was then read a third time and passed nem. con. A manuscript copy of the first draft of the declaration, just as it wSs drawn by Mr. Mason,* is in the library of Virginia. The declaration as it passed was adopted without alteration by th« Convention of 1829-30, and re-adopted with amendments by. t lie Convention of 1859-51, and as amended is as follows : t / • A Declaration of Rights made by the Representatives of the good people of Vir- ginia, assembled in full and free Convention, which rights do pertain to tficm and their posterity as the basis and. foundation of government. 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity.; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. 2. That all power is vested in, and consequently derived from, the people; thai istrates are their trustees and servants, and at all times amenable to them. 3, That government is, or ought to be, instituted for the common benefit, pro- tection and security of the people, nation, or community: of all the various modes and forms of government, that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-administration ; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right, to reform, alter, or abolish it, in such manner as shall be judged most conducive to- the public weal. 4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the ofures of Magistrate, Legislator, or Judge, £o be hereditary. * Va. Hist. Reg Jan. 184!) , p 29. tSee Acts 1852, p. 320-21. 'Sections amended are 5, G, 8 and 11. The Bill of Kig-M* ax orijioallypa?*^ ia found in the Revised Code of 1819, p. 31-2, aad Code of 1849, p 32, 33, 34, 1st iditioa, 4 VIRGINIA BILL OF RIGHTS. *5. That the legislative, executive and judicial powers should he separate and distinct; and that the members thereof may he restrained from oppression, by feel- ing and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies he supplied by frequent, certain, and regular elections, in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct. f 6. That all elections ought to be free : and that all men, having sufficient evi- dence of permanent common interest with, and attachment to, the community, have the right of*suffrage. and cannot be taxed or deprived of their property for. public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good. 7. That all power of suspending laws, or the execution of laws, by any autho- rity, without the consent of the representatives of the people, is injurious to their rights, and ought not to be exercised. J8. That, in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidencaagainst himself; that no man be deprived of his liberty, except by the law of the lanfl or the judgment of his peers. 9. That excessive bail ought not to be required, nor excessive fine& imposed, nor cruel and unusual punishments inflicted. 10. That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a faci committed, or to seize any person or persons not named, or Avhose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted. 11. That, in controversies respecting property, and in suits between man and man, the ancient trial by jury of twelve men is preferable to any other, and ought to be held sacred. T 12. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments. 13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defence of a free state ; that standing ar- mies, in time of peace, should be avoided, as dangerous to liberty ; and that in all cases, the military should be under strict subordination to, and governed rry, the civil power. * Amended. Acts 1852, p, 321, § 5. The 5th section, without amendment, read : " That the legislative and executive powers of the state should be separate and distinct from the, judiciary, and that the mem- bers of the two first" &.C. t Amend-d. Acts 1852, p. 321, § fi. The 6th section was: "That election of members to serve as re- presentatives of the people in assembly" &c. J Amended. Acts 1852, p. 321, § 8, 11. In the 8th and 11th sections, the words "of {waive men" in- serted after the word "jury." VIRGINIA BILL OF RIGHTS. 5 14. That the people have a right to uniform government ; and therefore, that no government separate from, or independent of, the government of Virginia, ought to he erected or established within the limits thereof. * 15. That no free government, or the hlessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by a frequent recurrence to fundamental principles. 16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or vio- lence ; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience ; and that it is the mutual duty of all To practice Christian forbearance, love, and charity towards each other, \ I CONSTITUTION OF VIRGINIA • Mr. Archibald Cary, from the committee appointed for the purpose, reported on the 24th flf June 177(5 a plan of government for the colony. It was then read the first time, read a second time on the 26th, and considered in committee. of the whole on that day and on the 27th and 98th. It was then reported to the house with amendments, which were read twice and agreed to. After being fairly transcribed, it was read a third time on the 29th and passed unanimously.* This constitution or form of government was originally drawn up by George Mason. t Mr. Jefferson had put a draft of one into the hands of Mr. Wythe, who reached Williams- burg after the other was committed to the committee of the whole. Two or three parts of Mr. Jefferson's plan were, with little alteration, inserted in the other; and his preamble was also adopted.}: 4 The constitution so resolved upon may be seen in the 9th volume of Hening's Statutes at Large, page 112 to 1 19, and in the editions of the Code of Virginia published from 177t» to 1819. At the end of it, in the Code of 1819, will be seen a note of Mr. Leigh as to the form of the colonial government for which it was substituted. This constitution was in fbrce until superseded by the amended constitution or form of government for Virginia, which, on the 15th of January 1830, was submitted and proposed to the people of Viiginia by their delegates and representatives, in convention assembled. This amended constitution continued in force until January 1852. A convention to form a new constitution was called. It assembled on the 14th October 1850, and the present, constitution was adopted on the 1st of August 1851. It was ratified by the people on the 4th Thursday in October following. On the second Monday of the succeeding December an election was held for the legislature, governor, lieutenant governor and attorney general. The first general assembly convened on the second Monday in January (the 12th day of the month), and the first governor and \lievitenant governor qualified on the IGih of January 1852. The constitution thus formed and put into operation is as follows : ARTICLE I. Preamble. Bill of rights. Force of bill of right3. ARTICLE II. Division of power*. Division of powers between department*. ARTICLE III. Qualification of voters. Eight of suffrage. Cities and towiiH to be laid off into wards. Places for elections. Citizens to vote in their wards. Exemption of voters. How votes are given. ARTICLE IV. Legislative departnunt. Legislature, how composed. Hi use of delegates, how ebrsen. Number of di-legates to each county, city or election district. 3. Senate, how elected. Betitrniug officers, when and where to meet. Senate classified. Term of service. 4. Senatorial districts. 5. Apportionment of representation. How sub- mitted to the vote of the people. 6. How long polls to be kept open. When and how certified. Govewtor to communicate result to legislature. When again referred to the people. Reapportionment according to vote of people. 7. Qualification <>f senators and deli gates. Dis- qualification. Removals to vacate office. 8. Legislature, how often to meet. Sessions, how long. Adjournment, how long, and where. Quorum. How attendance enforced. 9. Speaker of house and president of senate. Officers; rules; writs of election, by whom issued. Houses to judge of elections, oo>. and direct the Kilg of estates belonging In infants mid other persons under leg.il disabilities, but shall not, by special legislation, grant relief in such eases, or in any other eise of which the courts or other tribu- nals may have jurisdiction. CONSTITUTION OF VIRGINIA.. .19" t$(t. The general assembly shall provide for the peiindical registration in the several counties, efn'es ami towns, of the voters therein ; and for the annual regis- tration of the births, marriages and deaths in the white population, and of the births and deaths in the colored population of the same, distinguishing between the numbers of the free colored persons and slaves. 37. The general assembly, at intervals of five years from the dates of the re- turns of the census of the Confederate States, shall cause to be taken a census and such statistics of this state as may be prescribed by law; which renens and statistics shall he returned to the secretary of the commonwealth, who shall com- pare and correct the returns and report the same to the general assembly. 33. The manner of conducting and miking returns of elections, of determining contested elections, and of tilling vacancies in office, in cases not specially pro- vided for Ity this constitution, shall he prescribed by law; but special elections to fill vacancies in the office of judge of a-ny court shall be for a full term. And the general assembly m iy declare the cases in which any office shall be deemed va- cant, where no provi.-ion is made for that purpose in this constitution. ARTICLE V. EXECUTIVE DEPARTMENT. Governor. 1. The chief executive power of this commonwealth shall be vested in a governor. He shall hold the office for the term of lour years, to commence on the first day of January next, succeeding his election, and he ineligible to the same office for the term next succeeding that for which he was elected, and to any other office during his term if service. 2. The governor shall be elected by the voters, at the times and places of choosing members of the general assembly. Returns of the elections shall be transmitted, under seal, by the proper officers, to the secretary of the conimon- weaith, who shall deliver them to the speaker of the house of delegates on the first day of the next session of the general assembly. The speaker of the house of delegates shall witlijn one week thereafter, in the presence of a majority of the senate and house of delegates open the said returns, and the votes shall then be counted. The person having the highest number of votes shall be declared elected f but if two or more shall have the highest and an equal number of votes, one- of them shall be chosen governor by the joint vote of the two houses of the general assembly. Contested elections for governor shall be decided by a like vote, and the mode of proceeding in such cases shall be prescribed by law. 3. No person shall be eligible to the office of governor unless lie has attained the age ol thirty years, is a native. citizen of the Confederate States, and has be.n a citizen of Virginia lor five years next preceding liis election. 4. The governor. shall reside at the seat of government; shall receive five thou- sand dollars lor each year of his services, and while in office, shall receive no other emolument fioiu this or any other government. 20 CONSTITUTION OF VIRGINIA. 5. He shall take care that the laws be faithfully executed ; communicate to the general assembly at cvejry sesfion the condition of the commonwealth ; recommend to their consideration such measures as he may deem expedient; and convene tlio general assembly on application of a majority of the members of both houses thereof, or when in his opinion the interest of the, commonwealth may require it. He shall be commander-in-ehief of the land and naval forces of the state; have power to embody the militia to repel invasion, suppress insurrection, and enforce the execution of the laws ; conduct, either in person or in such other manner as shall be prescribed by law, all intercourse with other and foreign states ; and, during the recess of the general assembly, fill, pro tempore, all vacancies in those offices for which the constitution and laws make no provision : but his appoint- ments to such vacancies shall be by commissions to expire at the end of thirty days after the commencement of the next session of the general assembly. IIo shall have power to remit fines and penalties in such cases and under such rules and regulations as may be prescribed by law; and, except when the prosecution lias been carried on by the house of delegates, or the law shall otherwise particu- larly direct, to grant reprieves and pardons after conviction, and to commute capital punishment; but he shall communicate to the general assembly, at each session, the particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting or commuting the same. 6. He may require information in writing from the officers in the executive de- partment, upon any subject relating to the duties of their respective offices; and ma}' also require the opinion in writing of the attorney general upon any question Of law connected with his official duties. 7. Commissions and giants shall run in the name of the commonwealth of Vir- ginia, and be attested by the governor, with the seal of the commonwealth annexed. Lieutenant Governor. 8. A lieutenant governor shall be elected at the same time, and for the same term as the governor, and his qualification and the manner of his election in all respects shall be the same. 9. In case of the removal of the governor from office, or of his death, failure to qualify, resignation, removal from the state, or inability to discharge the powers and duties of the office, the said office, with its compensation, shall devolve upon the lieutenant governor ; and the general assembly shall provide by law for the discharge of the executive functions in other necessary cases. 10. The lieutenant governor shall be president of the senate, but phall have no .vote; and while acting as such, shall receive a compensation equal to that allowed to the speaker of the house of delegates. Secretary of the Commonwealth, Treasurer and Auditor. 11. A secretary of the commonwealth, treasurer and an auditor of public ao- •cormte shall be elected by the joint vote of the two houses of the general assembly, awd continue in office for the term of two years, unless sooner removed. . CONSTITUTION OF VIRGINIA. 21 • . 12. The secretary shall keep a record of the official actB of the governor, which shall be signed by the governor and attested by tie secretary ; and when required, he shall lay the same, and any papers, minutes and vouchers pertaining to his office, before either house of the general assembly ; and shall perform such other duties as may be prescribed by law. 13. The powers and duties of the treasurer and auditor shall be such as now are, or may be hereafter prescribed by law. Board of Public Works. 14. There shall be a board of public works, to consist of three commissioners. "The state shall he divided into three districts, containing as nearly as may be equal numbers of voters, and the voters of each district shall elect one commis- sioner, whose term of office shall be six years: but of those first elected, one, to be designated by lot, shall remain in office for two years only, and one other, to be designated in like manner, shall remain in office for four years only. 15. The general assembly, at its first session after the' adoption of this consti- tution, shall provide fur the election and compensation of the commissioners, and the organization of the board. The commissioners first elected shall assemble on a day to be appointed by law, and decide by lot the order in which their terms of service shall expire. . in. The board of public works shall appoint all officers employed on the publie works, and all persons representing the interest of the commonwealth in works of internal improvement, and shall perform such oilier duties as may be prescribed by law. 17. The members of the board of public works may be removed by the con- current vote of a majority of all the members elected to each house of the general. assembly ; but the cause of removal shall be entered on the journal of each house. 18. The general assembly shall have power, by a vote of three-fifths of the members elected to eacli house, to abolish said hoard whenever in their opinion a board of public works shall no longer be necessary. Militia. 19. The manner of appointing militia officers shall be prescribed by law. ARTICLE VI. JUDICIARY DEPARTMENT. 1. There shall be a supreme court of appeals, district courts and circuit courts. The jurisdiction of these tribunals, and of the judges thereof, except so far as the same is conferred by this constitution, shall be r< gulated by law. Judicial Divisions. 2. The state shall be divided into twenty-one judicial circuits, ten districts and live sections. 22 CONSTITUTION OF VIRGINIA. I. The enmities nf Princess Anile, Norfolk, Nanee.monn , ) Isle of Wight. SontVarnpfcraij Greenesville, Surry and Sussex and the city of Norfo k shall constitute the first circuit ' II. The counties of Prince George Pimviddie, Brun-wiik. Mecklenburg. I .nreuhtirft Nottoway. Amelia, Chesterfield and Powhatan aud the city of Petersburg shall constitute the second circuit. III. The counties of Cumberland, Buckingham, Appomattox, Campbell Prince Edward, Charlotte and Halifax and this town of Lynchburg shall constitute ihe third circuit. IV. Tlie counties of Pittsylvania, Bedford, Franklin, Patrick and Henry shall constitute the fourth circuit. V. The counties of Accomack and Northampton shall constitute the fifth circuit. VI. The counties of Elizabeth City, Warwick, \ oik Gloucester. Matthews, Middlesex, Henrico. New Kent, Charles City and James City and the city of Williamsburg sliall con- stitute the sixth circuit. VII. The city of Richmond shall be tlie seventh circuit. VI II. The counties of Lancaster, Nor'nuuiberlaiid; Richmond, Westmoreland, King Geoige, Spotsylvania. Caroline, Hanover, King William, King & Queen and Essex shall Constitute the eighth circuit. IX. The counties of Stafford, Prince "William, Alexandria. I'aiifax, Loudoun, Fau<|uier end Rappahannock shall constitute the ninth circuit. X. The counties of Culpeper, Madison, Greene, Orange, Albemarle, Louisa, Fluvanna and Goochland shall constitute the Lenth circuit.. XI. The counties of Nelson, Amherst, Rockbridge, Augusta aud Bath shall constitute the eleventh circuit. XII The counties of Pendleton, Highland, Rockingham, Page, Shenandoah, Warren and Hardy shall constitute the twelfth circuit. XIII. Tlie counties of Clarke, Frederick, Hampshire, Morgan, Berkeley and Jefferson shall constitute the thirteenth circuit. XIV. 'Hie counties of Monroe, Greenbrier, Pocahontas, Alleghany, BotetouM, Roanoke and Craig shall constitute the fourteenth circuit. XV. The. counties of* Giles, Mercer, Raleigh, Wyoming, Logan, Boone, Fayette aud Ni- cholas shall constitute the fifteenth circuit.* XVI. The counties of Grayson, Cairo]], Wythe, Floyd. Pulaski and Montgomery shall constitute the sixteenth circuit, t XVII Tl e counties of Smyth, Tazewell, Washington, Russell, Scott and Lee shall con- stitute the seventeenth circuit f XVIII. The counties of Wayne, Cabell, Mason, Jackson, Putnam and Kanawha shall constitute, the eighteenth circuit. $ XiX. The counties of Wood. Wirt, Gilmer, Braxton, Lewis, Ritchie, Doddridge and Plea-ants shall constitute the nineteenth circuit. || XX. The counties of Hancock, Brooke, Ohio, Marshall, Wetzel, Tyler and Monongalia •ehail constitute the twentieth circuit. l XXI. And the counties of Harrison, Marion, Taylor, Preston, Barbour, Randolph and Upshur shall cuustitute the twenty-first circuit. If 3. The first and seeond circuits shall constitute the first district; the third and -fourth circuits the second district; the fifth, sixth and seventh circuits the third •district; the eighth and ninth circuits tlie fourth district; the tenth and eleventh ciicuits the fifth district; the twelfth ami thirteenth circuits the sixtli district; the fourteenth and fifteenth circuits the -seventh district; the sixteenth anil seventeenth circuits tlie eighth district : the eighteenth and nineteenth circuits the ninth dis- trict; and the twentieth and twenty-first circuits the tenth district. *Clay county is attached to flip 15th circuit. Acta 1857-8, ch. 158, § 13, p. 113. AVebster county is at- •tached to V9-60, eh. 47, § 14,'p 156 t Bland c ••nitty is attached to the 16n circuit. Acts 1860-61,. ch 23, § 12. n. 48. + Wi-f county is attached t.. the i7 h circuit. Acts 1855-6 ch 10? § l3, p. 89. McDowell com ty in ■attached to tln-Vmie circuit A-ts 11*57-8, ch. 155, § 12, p 117 Buchanan county is attached to the name •cire-it Acih 1857-8, ch. 150, § 12, p„l i0, Subtle county is attached t.. the 18th circuit. Acts 1856-7 ch 1C9. (j 14. n. 94 j|C tllioun county is attached to the 19t circuit. Acts )t5(>-7 ch. ll8-§ 0, p 91. j\ Tucker county it) attached to the 21ot circuit. Acts 18."6-7, ch. 110, § 13, p. 17. CONSTITUTION OF VIRGINIA. 23 4. TIi*' first and second districts si mil constitute the first, section ; tlje tliird and fourth districts the second section; the fifth nnd sixth districts the tliird section; the seventh fiii't eighth distiicts the fourth section: and tlie ninth and tenth districts the fifth section. 5. Tlie general npsenddv may, at the end of eight years after the adoption of this constitution, and thereafter at intervals of eight years, rearrange tlie said c ; r- cnifs, districts and sections, and place any number of circuits in a o'i-'trict, and of districts in a section ; hut each circuit shall he altogether in one district, and each; district in oik- section ; and there shall not be less than two districts and four cir- cuits in a section, ant! the number of sections shall not be increased or diminished. Circuit. Courts. 6. For each circuit a judge shall be elected by the voters thereof, who shall hold 2iis oflice tor the lenn of i ight years, unless sooner removed in the manner pre- scribed by this constitution. He shall at tlie time of his election he at least thiity 3'caTs of age, and duiing^ his continuance in ofliee shall reside in the circuit of which he is judge 7. A circuit court shall be held at least twice a year by the judge of eacfl cir- cuity in every comity and corporation thereof, wherein a circuit court is now or may hereafter lie established. But the judges in the- same district may be required or authorized to hold the courts of their respective circuits alternately v and a judge of. one circuit to hold a court in an}' other circuit. District Courts. 8. A dis'iict court shall be held at least once a year in evesy district, by the judges of the « ireuits constituting the c-et'ttuii and the judge of the supreme court of appeals for the section of which the district forms a part; any three of whom may hold a court; but no judge shall sit or decide upon any appeal taken from hia own decision. The judge of the supreme court of appeals of one section may sit in the district courts of another section, when required or authorized by law to do so. 9. The district courts shall not have original jurisdiction, except in cases of ha- beas corpus, mandamus and prohibition. . . Court of Appeals. 10. For each section a judge shall be elected by the voters thereof, who shall hold his nthec for the term of twelve years, unless sooner removed in the manner prescribed by this constitution. He shall at the time of his election be at l«ast thirty five years of age, and during his continuance in office reside in the section for which he is elected. 11. The supreme court of appeals shall consist of the five judges so elected, any three of whom may hold a court It shall have appellate jurisdiction 01113% except in cases of habeas corpus, mandamus and prohibition. It shall not lm.ro jurisdiction in civil causes where the mutter in controversy, exclusive of costs, is 24 CONSTITUTION OF VIKGINTA. less in vine or amount than five hundred dol'ars, except in controversies con- cerning the title or boundaries of land, the probate of a Will-, the appointment or qualification of a personal representative, guardian, committee or curator; or con- cerning a mill, road, way, ferry or landing,, or the right of a corporation or of a county to levy tolls or taxes; and except in eases of habeas corpus, mandamus and prohibition, and cases involving freedom or the constitutionalit}' of a law. 12. Special courts of appeals, to consist of not less than three nor more than five judges, may he formed of the judges of the supreme court of appeals and of the circuit courts, or any of them, to try any cases remaining on the dockets' of the present court of appeals when she judges thereof cease to hold their offices; or to try any cases which may he on the dockets of the supreme court of appeals established by this constitution, in respect t«> which a majority of the judges of said court may be so (pituated as to make it improper for them to- sit on the hear- ing thereof. 13. When a judgment or decree is reversed or affirmed by -the supreme court of appeals, the reasons therefor shall be stated in wiiiing, and preserved with the re- cord of the case. * General Provisions. 14. Judges shall be commissioned by the governor, and shall receive fixed and adequate; salaries, which shall not be diminished during their continuance in office. The salary of*a judge of the supreme court of appeals shall not be less than three thousand dollars, and that of a judge of :i circuit court not, less than two thousand dollars per annum, except that, of the judge of the fifth circuit, which shall not be less than fifteen hundred dollars per annum; and each shall receive a reasonable allowance for necessary travel. 15. No judge, during bis term of service, shall hold any other office, appoint- ment or public trust, and the acceptance thereof shall vacate his judicial office; nor shall he, during such term, or within one year thereafter, be eligible to any political office. 16. No election of judge shall be held within thirty days of the time of holding any election of electors of president and vice-president of the Confederate States, of members of congress or of the general assemmy. 17. Judges may be removed from office Ivy a concurrent vote of both houses of the general assembly, birr a majority of all the members elected to each .house must concur in such vote; and the c:i'ise of removal shall be entered on the jour- nal of each house. • The judge against whom the general assembly may be about to proceed, shall receive notice thereof, accompanied/ by a copy of the causes al- leged for his removal, at least twenty days before the day on which either house of the general assembly shall act thereupon. 18. The officers of the supreme court of appeals and of the district courts shall be appointed by the said courts respectively, or by the judges thereof in vacation. Their duties, compensation and tenure of office shall be prescribed by law. "19 The voters of each county or corporation in which a circuit court is held shall elect a clerk of such court, who«e term of office ?diall be six years. The at- CONSTITUTION OF VIRGINIA. 25 tomcy for the common wealth, elected for a county or corporation wherein a circuit court is directed to be held, shall he attorney for the commonwealth for that court; but in case a circuit court is held for a city or for a county and a city, there shall be an attorney for the commonwealth for Mich, to be elected by the voters of such city or county and city, and to cmtinue in office for the term of four years. The duties and compensation of these officers, and the mode of removing them from office, shall be prescribed by law. 20. When a vacancj' shall occur in the office of clerk of any court, such court may appoint a clerk pro tempore, who shall discharge the duties of the office until the vacancy is filled. 21. The general assembly shall provide for the compensation of jurors, but ap- propriations for that purpose shall not he made from the state treasnrj 7 , except in prosecutions for felony and misdemeanor. 22. At every election of a governor, an attorney general shall he elected by the voters of the commonwealth for the. term of four years. He shall be commissioned by the governor, shail perform such duties and receive such compensation as may be prescribed by law, and be removable in the manner prescribed for the removal Jot judges. 23. Judges and all other officers, whether elected or appointed, shall continue to discharge the duties of their respective offices after their terms of service have expired, until their successors are qualified. 24. Writs shall run in the name of the commonwealth of Virginia, and he at- tested by the clerks of the several courts. Indictments shall conclude, against the peace and dignity of the commonwealth. County Courts'. 25. These shall be in each county of the commonwealth a county court, which shall be held monthly, by not less than three nor more than five justices, except when the law shall require the presence of a greater number. 2G. The jurisdiction of the said courts shall be the same as that of the existing county courts, except so far as it is modified by this constitution, or may be changed by law. 27. Each county shall be laid off into districts, as nearly equal as may be in territory and population. In each district there shall he elected, by the voters thereof, four justices of the peace, who shall be commissioned by the governor, re- side in their respective districts, and hold their offices for the term of four years. The justices so elected shall choose one of their own body, who shall be the pre- siding justice of tiie county court, and whose duty it shall he to attend each term of said court. The other justices shall be classified by law for the performance of their duties in court. 28. The justices shall receive for their services in court a per diem compensa- tion, to be ascertained by law, and paid out of \\\q county treasury; and shall not receive any fee or emolument for other judicial services. 2G CONSTITUTION OF VIRGINIA. 29. The power and jurisdiction of justices of the peace within their respective counties shall he prescribed by law. , County Officers. 80. The voters of each county shall elect a clerk of the county court, a surveyor, an attorney for the commonwealth, a sheriff, and so many c unniissiouers of the revenue as may he authorized by law, who shall h.ld their respective offices as follows: Theeleik and the surveyor for the term of six years; the attorney for the term of four years; the sheriff and tin- commissioners for the term of two years. Constables and overseers of the poor shall he elected by the voters, as may be pie- scribed by law. 31. The officers mentioned in the preceding section, except the attorneys, shall reside in the counties or districts for which they were respectively elected. No person elected for two successive terms to the office of sheriff, shall lie re- eligible to the same office for the next succeeding term; nor shall he, (lining his term of service, or within one year thereafter, be eligible to any political office. 32. The justices of the peace, sheriffs, attorneys for the commonwealth, clerks of the circuit and county courts, and all other county officers, shall be subject to indictment for malfeasance, misfeasance or neglect of official duty; and upon con- viction thereof, their offices shall become vacant. Corporation Courts and Officers. 33. The general assembly may vest such jurisdiction as shall be deemed neccs-- sary in corporation couits, and in ihe magistrates who may belong to the corporate bodj*. 34. All officers appertaining to tlie cities and other municipal corporations, shall be elected l»y the qualified voters, or appointed by the constituted authorities of such cities or corporations, as may be prescribed by law. Done in convention, in the city of Richnrnnd, on the first day of August, in the year of our Lord one thousand eight hundred and fifty-one, and in the seventy-sixth year of the commonwealth of Virginia. • JOHN Y. MASON, PresH of the Convention. S. D. WHTTTLK, Secretary of the Convention. SCHEDULE Sen. . ). Duty nf presidint ef convention. 2. Cm BTifmioti. tiijv pul>lish people for ratification or re- j cjinu.. 4. Iw&nhifinnti for ascertaining sense nf voters. 5. Result, It' w asd rtfiini d nil | ri'd: inn d ("Sp- in rsi 1 election for legislature and execuhve officers. 6. Eleetion, hi w conducted. 7. Return nf noli* 8. Officers, whi-ri a>'d where t" assemble. 9. L' ('Mature, whtn aiid where to assemble. Their oaths. ,. Per. 10. Legislature under former constitution, abro- prme". 11. Term ( utiv office 'o expire Other officers, how lorg to remain in < ffice. 15. H"W long eourts-t" continue. Laws to remain in force, how loi g lfi Legislature to carry constitution into effect. 1. It shall be the duty of Hie president of this convention, immediately on its adjournment, to certify, to tin- governor si cony of the bill of rights and. constitu- tion adopted, together with this schedule. 2. Upon the receipt of such certified copy, the governor shall forthwith announce the fact by proclamation, to be published in such newspapers of the state as may be deemed requisite for general information ; and shall annex to his proclamation a copy of the bill of rights and constitution, together with this seh< J dnh?; which proclamation, bill of rights, constitution and schedule shall be pnhlished in the manner indicated, for the period of one month; jind ten printed copies thereof shall, by the secretary of the commonwealth, be immediately Iransnlitted by mail to the cleik of each county and corporation court in this commonwealth, to he by such cleik submitted to the examination of any person de.-iiing the same. 3. Tlii- officers authorized by existing laws to conduct general dictions shall, at the places appointed for holding the same, open a" poll-book on the fourth Thurs- day in October next, to be headed "The Constitution as amended and Schedule," and to contain two separate columns^ the first column to be headed "For Ratify- ing;" the other to be headed "For Rejecting." And such officers, keeping said polls open for the space of three days, shall then and there receive and record in said poll-lxiok the votes fur and against this constitution and schedule, ol all per- sons qualified, under the existing or amended constitution, to exercise the right of suffrage. 4. The taking of the polls, the duties to he performed by the officers, the privi- lege of the voters, and the penalties attaching for misconduct on the part of any person, shall be in all things as prescribed by the second, third, fourth, seventh, eighth and ninth sections of the act of the general assembly passed Match the fourth, one thousand eight bundled and fifty, entitled "An act to take the sense of the people upon the call of a convention, and providing for organizing the same," so far as the provisions of said si ctions may be applicable. 2S SCHEDULE. 5. It shall be the duty of the governor, upon receiving the returns of said offi- cers, to ascertain the result thereof, and forthwith to declare the same by his pro- clamation, stating the aggregate vote in the state for and against the ratification of the amended constitution and schedule, which shall he published at lea^t>onco a week until the second Monday in December next, in such newspapers as in his opinion will be best calculated to diffuse general information thereof*; and if it appear that a majority of ihe votes cast is in favor of ratification, the governor, at the same time, and in like manner, shall make proclamation mr holding, on the day last mentioned, a general election throughout the state for delegates and sena- tors to the general assembly, according to the apportionment and distiicts pre- scribed in this constitution; and also for the election. of a governor, lieutenant governor and attorney general. G. The officers authorized by existing laws to hold and conduct general elec- tions, shall hold and conduct the elections herein required; and such officers and all other persons shall he governed and emit rolled therein by the provisions of said laws, so far as the same may be applicable to and necessary for the proper con- ducting of the said elections. Duplicate polls shall be separately kept for go- vernor and lieutenant governor, for attorney general, and lor senators and dele- gates to the general assembly, which shall he verified by the oaths of the officers conducting the elections. 7. The verified duplicate polls for governor, lieutenant governor and attorney general shall be deposited with the clerks of the several counties and cities, who shall retain one in their respective offices, and transmit the other by mail to the secretary of the commonwealth. 8. In the election of senators and delegates for districts formed of more than one county and city, the officers conducting the same at the court-In. use of the several counties and cities forming each district shall assemhle, on the eighth day after the commencement of the said election, at the court-house of the county or city first, named as one of the counties of the district; shall compare the polls and ascertain the result, and shall deliver and return certificates of election according to the laws now in force. 0. The members of the general assembly so elected shall meet at the capitol in the city of Richmond On the second Monday in January in the year one thousand eight hundred and fifty two, and then and them organize as the General Assembly of Virginia; but before such organization, they shall respectively take the oath of fidelity to the commonwealth, and the other oaths of office required by the laws now in force. 10. The election of members of the general assembly under this constitution shall vacate the seats 'of those elected under the present constitution. 11. The official terms of the delegates first elected to the general assembly under this constitution shall expire on the 30th day of June, in the year one thou- sand eight hundred and fifty-three. 12. The official terms of the first governor, lieutenant governor and attorney general elected under ibis constitution shall expire on the thirty- first day of De- cember, in the year one thousand eight hundred and fifty-live. SCHEDULE. 29 13. The present judges _ of the supreme court of appeals and of fhe circuit courts, and their successors, who may be appointed under the existing constitution, shall remain in office until such time as the law ma} r prescribe for, the commence- ment of the official terms of the judges under the amended constitution, and no longer; which time shall not be more than six months after the termination of the first session of the general assembly under the amended constitution. 14. The executive department of the government shall remain as at present organized ; and the governor and councillors of state and their successors appointed under tho existing constitution shall continue in office until a governor elected under this constitution shall be qualified ; and all other persons in office when this tonstiiution is adopted, except as is herein otherwise expressly directed, shall con- tinue in office until their successors are qualified; and vacancies in office, hap- pening before auch qualification, shall be filled in the manner now prescribed by law. 15. All the courts of justice now existing shall continue with their present jurisdiction until and except so far as the judicial system may or shall be other- wise organized ; and all laws in force when this constitution is adopted, and not inconsistent therewith, and all rights, prosecutions, actions, claims and contracts shall remain and continue as if this constitution was not adopted. 16. Tho general assembly shall pass all laws necessary for carrying this consti- tution into full effect and operation. Done in convention, in the city of Richmond, on the first day of August, in tho year of our Lord one thousand eight hundred and fifty-one, aud in tho seventy-sixth year of the commonwealth of Virginia. D. WHITTLE, Secretary of the Convention, JOHN Y. MASON, Preset of the Convention. .' RARE BOOK COLLECTION THE LIBRARY OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL 2273 Conf.