1803. ed, or shall take it contrary to this act, or shall make or sign a false return, or shall falsify the polls or tickets by erasure or alteration, he or they so offending, shall for every such offence, forfeit and pay the sum of three hundred dollars, to be recovered with costs in an action of debt, before any court of record, by any person who will sue for the same. After the said return shall be made, it shall be Duty of commis- the duty of the said commissioners to seal up all the tickets or votes sioners after reby them received in manner herein directed, and endorse their turn. names upon the cover as aforesaid, which shall be preserved by one of the said commissioners, and shall, if demanded under an order from the governor, with the advice of council, within six months of the said election, be forthwith delivered under the penalty before prescribed in other cases of misconduct; but if the said tickets or votes shall not be so demanded within six months, the commissioner holding the same shall no longer be considered as answerable Governor and for them. The governor with the advice of council, is hereby emcouncil to defray powered to defray by order on the treasury, all reasonable expenses which attend the execution of this act, and also the expense which may be incurred by transmitting the said returns to the executive, wherever it shall appear that it was necessary to employ a special messenger for that purpose. expenses attending the execution of this act. Where electors fail to attend, shall be filled. may 3. And be it further enacted, That the twenty-four persons having the greatest number of votes under this act, shall be the electors how the vacancy of a president and vice-president of the United States, for and on behalf of this state; provided they attend for that purpose at the capitol, in the city of Richmond, and at the time appointed by law; but if it shall so happen that any one or more of the said electors chosen by the people under the authority of this act shall from any cause whatever, fail to attend at the place appointed by the said act for the meeting of the electors at three o'clock in the afternoon on the day preceding the day appointed for their meeting by the act of congress, it shall then be lawful for the senate and house of delegates, and they are hereby required by joint ballot, to proceed to supply such vacancy or vacancies, until the number of twenty-four electors for the purpose aforesaid is completed; but if the legislature shall not be in session on such day, it shall be lawful for the vernor, with the advice of council to supply such vacancy or vacancies; which elector or electors so appointed, shall be entitled to vote for a president and vice-president of the United States, in the same manner as if he or they had been chosen in the manner before prescribed. Provided nevertheless, That if any elector or electors chosen by the people under the authority of this act, shall attend at the hour of ten in the morning of the day appointed for their meeting as aforesaid, then the appointments made for the purpose of supplying such supposed vacancy shall be void and of no effect. Proviso. Repealing clause. Further proviso. Commencement. go 4. All acts and parts of acts that come within the purview of this act, shall be, and the same are hereby repealed. 5. Provided that nothing herein contained shall be so construed as to authorise any compensation to be made to the commissioners to be appointed under this act. 6. This act shall commence and be in force from and after the passing thereof. CHAP. XXXII. An Act to amend an act concerning the manufacture of tobacco.* BE [Passed January 24, 1804.] 1803. bacco without a 19 E it enacted by the General Assembly, That if any person shall Penalty for ma presume to stem or manufacture tobacco without having ob- nufacturing totained a license in the manner prescribed by the act passed the license. twentieth of January, one thousand eight hundred and one, he shall for every such offence forfeit and pay the sum of one hundred dollars, to be recovered by an action on the case, wherein the defendant shall be ruled to bail, in the name of the deputy attorney of the county or corporation in which such offence shall be committed, for the use of the commonwealth; the expenses of which prosecution shall be certified by the court in which the prosecution was carried on, and the auditor is hereby authorised to grant a warrant upon the treasurer for the same. And the said offender shall moreover forfeit and pay the sum of ten dollars for every ten pounds of tobacco so by him or her stemmed or manufactured, to be recovered by a warrant before any justice of the peace for the county or corporation in which the offence shall be committed, one half of which fine shall be to the use of the informer, and the other half shall be applied towards lessening the county or corporation levy; and moreover, it shall be the duty of the magistrate before whom such warrant shall be tried, to order all the tobacco found in such stemmery or manufactory, together with every sort or kind of implement employed in the same, to be seized and kept by the proper officer of the county or corporation, until the next court to be held for the same, when it shall be the duty of the said court to direct the same to be publicly sold, the proceeds of which sale shall be applied one half to the use of the informer, and the other half to be applied towards lessening the county or corporation levy. 2. It shall be the duty of the county or corporation courts in which Inspectors to be any licenses to stem or manufacture tobacco shall have been grant- appointed. ed, to appoint, at their sessions in the month of April in each year, a fit and suitable person to act as inspector of the said county or corporation for one year, whose duty it shall be to inspect all manu- Their duty. factured tobacco within the same, and if, in his opinion, such tobacco be good, clean and merchantable, he shall pass the same, stamp or mark the cask wherein it is packed or prized, and grant a certificate, that the same has been inspected according to law. He shall inspect no tobacco, for which the manufacturer shall not produce a manifest, and is hereby authorised and directed, to seize such tobacco wherever it may be found, dispose thereof, and pay the money arising therefrom, into the public treasury. The compensation for his Their pay. services shall be fixed by the court which made his appointment, to be paid by the stemmer or manufacturer according to the services actually performed. 3. And if any person shall presume to sell tobacco stemmed or Penalty for sellmanufactured, within this commonwealth, without the inspector's ing without a certificate, he shall be subject to the like penalty of ten dollars for certificate. every ten pounds of manufactured tobacco, so by him sold, or of fered to be sold, to be recovered in like manner as directed by this act. • Sée Revised Code, vol. 1, ch. 278, pa. 409.-Also, post ch. 73, sec. 4. 1808. 4. Nothing herein contained shall be so construed as to prevent planters or farmers in country places, from stemming or manufacNot to affect far- turing tobacco, the produce of their own farms or plantations; nor mers in any coun- shall this act extend to any county westward of the Blue Ridge, nor to any county in which there is no inspection established by law. ty west of the Blue Ridge. Casks to be bran ded, Commencement. Slaves to be registered in cer. in cases. 5. Be it further enacted, That every person so manufacturing, shall cause to be branded upon the cask containing the tobacco so stemmed or manufactured, his own name and the name of the coun ty in which he shall reside; which said brand or mark shall justify any person in selling the same, notwithstanding the provisions contained in section sixth of this act, 6. This act shall commence and be in force from and after the passing thereof. CHAP. XXXIII. An Act directing the registering the names, ages and sexes of Slaves in certain cases. 1. BE [Passed January 24, 1804.] E it enacted by the General Assembly, That in all cases where any slave or slaves shall be allotted to any widow for her dower or shall be devised to her for life in lieu thereof; or shall be held by any person for his or her life only or the life of any other person or persons, every such person entitled to such life estate, or his or her guardian, if he or she be an infant, shall within sixty days after coming to the possession of any such slave or slaves, cause to be lodged with the clerk of the court of that county wherein he or she resides, a list containing the names of all such slaves, deFenalty for nc. scribing their ages and sexes, under the penalty of fifty dollars for glect. How the penalty each slave; that such clerk shall record the said list in a well bound book to be kept for that purpose; for which he shall receive from the person furnishing any such list a fee of one dollar; that the increase of all such slaves, shall, within the like time from their births in like manner be registered with the said clerk, under the like penalty, and for a farther fee in each case of twenty-five cents. That in case of the intermarriage of any such widow, her husband shall from that time perform all the duties required of her by this act, under the like penalties. 2. That all the penalties incurred by this act shall go and accrue shall be applied. to any party aggrieved, to be recovered with costs by action of debt, bill, plaint, or otherwise, in any court of record. Commencement. Free persons charged with criminal offences how to be committed. 3. This act shall commence and be in force from and after the first day of June next. CHAP. XXXIV, An Act to amend an act, entituled, "An act directing the method of pro- 1. BE it enacted by the General Assembly, That from and after the commencement of this act, when any person, not being + This refers to the 2d section in consequence of the engrossed bill being amended. • Amended, post chap. 51. + See Revised Code, vol. 1, ch. 74, pa. 103-ch, 264, sec. 2, pa. 402, a slave, shall be charged before a justice of the peace with any treason, murder, felony, or other crime or offence whatsoever against this commonwealth, if, in the opinion of such justice, such offence ought to be enquired into, in the courts of this commonwealth, such justice shall take the recognizance of all material witnesses, to appear before the court of his county or corporation, to give evidence against the offender, and immediately by his warrant, commit the person so charged, to the county or corporation jail; and moreover, shall issue his warrant to the sheriff of the county, or sergeant of the corporation, requiring him to summon at least eight, if so many there be, of the justices of the county or corporation, to meet at their courthouse on a certain day, not less than five nor more than ten days after the date thereof, to hold a court for the examination of 1803. ces and sheriff's the fact; which court, consisting of five members at least, shall con- How the fact to sider whether, as the case may appear to them, the prisoner may be be enquired inte discharged from farther prosecution, or may be tried in the county or corporation, or in the district court; and shall thereupon proceed in the same manner as prescribed by the act, entituled, “An act, directing the method of proceeding against free persons charged with certain crimes, declaring the mode of proceeding on indictments, informations and prosecutions on penal statutes, and for preventing vexatious and malicious prosecutions, and moderating amercements." If any justice before whom any person is charged Penalty on justiwith any such crime or offence, shall commit such person to jail, and neglect or refuse to issue his warrant immediately for summon- forneglect of duing the justices of his county or corporation, to hold a court for the examination of the fact; or if any sheriff or sergeant shall neglect or refuse to obey such warrant, or neglect or refuse to return the warrant to the court so summoned, endorsing thereon the manner in which he has executed the same, every person so neglecting or refusing hereafter, shall, in either case, forfeit and pay the sum of one hundred dollars to the use of the commonwealth, to be recovered How to be reco by action of debt or information, in any court of record and more- vered. over, shall be subject to the action of the party aggrieved, in which, if he or she recover, he or she, besides damages, shali recover double costs. ty. Witness's re Proceedings 2. Be it further enacted, that when any person shall be sent by a county or corporation court, to the district court to be tried for cognizances to be transmitted treason or felony, the clerk of the court of the county or corporati- to district courts on, shall transmit an certify immediately, to the clerk of the district court, a copy or copies of the recognizance or recognizances, of each and all the witnesses, recognized to appear at the district court, to give evidence against the prisoner; and if the witness or witnesses, so bound to appear, shall fail to appear, pursuant to his, her or their recognizance, the district court shall immediately cause his, her or their default to be recorded; and it shall be lawful for the district court to issue a writ or writs of scire facias, upon which the like proceedings thereon in case shall be had as if the recognizance of the witness or witnesses had been of a breach. taken in the district court: Provided, that the witness or witnesses, shall first be summoned to shew cause, if any he, she or they can, why such scire facias should not be issued. In like manner, the clerk of the court of any county or corporation, shall certify and transmit ers recognizan to the clerk of the district court, a copy or copies of the recognizance ces, which are of any prisoner let to bail, who is to be tried in the district court, and ted to district also a copy or copies of the recognizance or recognizances of his courts. Also on prison to be transmit. 1803. or her bail; and if any prisoner lct to bail shall fail to appear in the district court, pursuant to his or her recognizance, the district court shall immediately cause his or her default to be recorded, and shall issue a writ or writs of scire facias against the prisoner and his or her bail, upon which the like proceedings shall be had, as if the prisoner had been let to bail by the district court. The copy or copies of all recognizances so certified and transmitted to the clerks of the district courts, by virtue of this act, shall be admitted and received as evidence in the said courts, in like manner as the original or originals might have been, had they been entered into in the district Penalty on clerks courts. Any clerk failing to perform the duties required of him for neglect of du- by this act, shall forfeit and pay for each failure, to the use of the Prisoners not more than once commonwealth, the sum of one hundred dollars, to be recovered by action of debt or information, in any court of record. Any clerk failing to perform the duties required of him by the twentieth section of the before recited act, shall forfeit and pay to the use of the commonwealth the sum of fifty dollars, to be recovered in any court of record by action of debt or information. 3. Be it further enacted, That if any person charged with any to be examined crime or offence against the commonwealth, shall be acquitted or for same offence discharged from further prosecution by the court of the county or corporation in which the offence is or may by law be examinable, he or she shall not thereafter be examined, questioned or tried for the same crime or offence, but may plead such acquittal or discharge in bar of any other or further examination or trial for the same crime or offence, any law, custom, usage, or opinion, to the contrary, in any wise notwithstanding. subsequent day If necessary. Examining court 4. Be it further enacted, That a court held by virtue of this, or may adjourn to a the before recited act, for the examination of any person charged with any crime or offence against the commonwealth, may, for good cause shewn, adjourn to any subsequent day: Provided, That they shall not adjourn for a longer period than three days, except on the application of the prisoner, and then for not more than ten days from the day of adjournment, at which time such proceedings shall be had as if the court had proceeded to the examination of the fact, at their first sitting. Criminal not to be tried in dis ferior courts. 5. Be it further enacted, That before any person charged with trict Court till treason or felony, shall be tried before a district court, he or she examined in in. shall be examined in the manner prescribed by law, by the court of the county or corporation, wherein the offence was committed. Judgment after 6. Be it further enacted, That after the verdict of twelve men, verdict not to be no judgment on any indictment or information, for felony, or any in indictment if other offence whatsoever, shall be stayed or reversed, for any supstayed for defect offence is plainly posed defect or imperfection in any such indictment or information, stated. This act not to cases. so as the felony or offence therein charged to have been committed or done, be plainly and in substance set forth with convenient certainty, so as to enable the court to give judgment thereupon, according to the very right of the cause, any former law, custom or usage to the contrary notwithstanding. 7. Nothing in this act contained shall be so construed as to apply apply to certain to any indictment or information already filed and now depending, or in any manner to repeal the act directing the mode of suing out and prosecuting writs of habeas corpus or the act directing what prisoners shall be let to bail. |