1. § 1. Every person by law required to give assurance of fidelity shall for that purpose take an oath in this form: 1, do declare myself a citizen of the commonwealth of Virginia; 1 rclinquish and renounce the character of subject or citizen of any prince or other state whatsoever; and abjure all allegiance which may be claimed by such prince or other state; and I do swear to be faithful and true to the said commonwealth of Virginia, so long as I continue a citizen thereof. So help me God. May 1779, c. 5, 10 Stat. Larg. 22. 2. § 2. No person shall have power to act in any office, legislative, executive or judiciary, before he shall have given such assurance; and shall, moreover, have taken such of the following oaths, if another be not specially prescribed, as is adapted to his case. The oath of governor: I, elected governor of Virginia by the representatives thereof, do solemnly promise and swear, that I will, to the best of my skill and judgment, execute the said office, diligently and faithfully, according to law, without favour, affection or partiality; that I will, to the utmost of my power, protect the citizens of the commonwealth in the secure enjoyment of all their rights, franchises and privileges, and will constantly endeavour that the laws and ordinances of the commonwealth be duly observed; and that law and justice, in mercy, be executed in all judgments; and lastly, that I will peaceably and quietly resign the government to which I have been elected, at the several periods to which my continuance in the said office is or shall be limited by law and the constitution. So help me God. May 1776, c. 3, 9 Stat. Larg. 119; May 1779, c. 5, 10 Stat. Larg. 22. The oath of a privy councillor: I, elected one of the privy council of Virginia by the representatives thereof, do solemnly promise and swear, that I will, to the best of my skill and judgment, execute the said office, diligently and faithfully, according to law, without favour, affection or partiality, and that I will keep secret such proceedings and orders of the privy council, as the board shall direct to be concealed, unless the same be called for by the general assembly. So help me God. Ibid. The oath of one not specially directed to take any other: I, do solemnly promise and swear, that I will faithfully, impartially and justly perform the duty of my office of according to the best of my skill and judgment. So help me God. Ibid. 3. 3. Every person who shall be appointed to any office or place,(a) civil or military, under this commonwealth, shall, before he enters on the duties of his office or place, in addition to the oath now prescribed by law, take the following: I do solemnly swear, (or affirm, as the case may be,) that I have not fought a duel, nor sent or accepted a challenge to fight a duel, the probable issue of which, might have been the death of the challenger or challenged, nor been a second to either party, nor in any manner aided or assisted in such duel, nor (a) An attorney at law is not bound to take this oath as a preliminary to his admission to practice law; the practice of the law, not being an office or place under the Commonwealth. Ex parte Leigh, 1 Munf. 468. Tucker, J. dissent. Act of January 7, 1818–January 1, 1820. R. C. ch. 28. been knowingly the bearer of such challenge or acceptance, since the passage of the act, entitled "an act to amend an act, entitled an act to suppress duelling,' ," and that I will not be so engaged or concerned, directly or indirectly, in or about any such duel, during my continuance in office. So help me God. Act March 1, 1831, c. 37, § 3, Ses. Acts 1830-31, p. 103; Sup. R. C. c. 228, p. 282. 4. § 4. The said oaths to be taken by a member or officer of either house of general assembly, shall be administered by any member of the privy council, and the taking thereof shall be certified to the clerk of such house; and the said oaths to be taken by any other person, if it be not otherwise directed, shall be administered in some court of record, or by any judge or justice thereof, and the taking thereof shall be recorded in the said court. 5. § 5. Any person refusing to take an oath in the manner the same hath heretofore been usually administered, and declaring religious scruples to be the true and only reason for such refusal, if he or she shall use the solemnity and ceremony, and repeat the formulary observed on similar occasions by those of the church or religious society of which such person professeth himself or herself to be a member, or to join in communion with, or shall use the solemnity and ceremony, and repeat the formularly which, in his or her opinion, is or ought to be observed on such occasions, according to the religion in which such person professeth to believe,(1) he or she shall thereupon be deemed as competent a witness, or be as duly qualified to execute an office, or perform any other act, to the sanction whereof an oath is or shall be required by law, and shall be subject to the same rules, derive the same advantages, or incur the same penalties or forfeitures, as if he or she had sworn. In presentments, indictments, inquisitions, verdicts, examinations or other forms, the words "upon their oath," or "sworn" may be left out, and instead of them, "in solemn form," or "charged," (whichever may be adapted to the case,) may be inserted; but if the ancient form be adhered to, it shall not be adjudged error. May 1779, c. 7, 10 Stat. Larg. 28; 1792, c. 57, R. C.; Dec. 1806, c. 90, ed. 1808. (1) But the belief in the existence of a God, in the obligation of an oath, and in a future state of rewards and punishments, are essentials to the constitution of a witness. Curtis v. Strong, 4 Day, 51; Jack son v. Grindley, 18 Johns. 98. It was held, however, in the case of Hunscomb v. Hunscomb, 15 Mass. R. 184, that the disbelief of a future state of existence goes only to the credibility of a witness. As to the mode or formulary, see a curious discourse attributed to Trott, C. J. Sou. Car. (1709,) 1 Hall's Jurisp. 1, and Omichund v. Barker, 1 Atk. 21, 2 Eq. Cas. Abr., 1 Wils 84, Wills's R. 538. 89 1.1. No senator or delegate shall, during the time for which he was elected, be appointed to any civil office under the authority of the commonwealth, which shall have been created, or the emoluments whereof shall have been increased or decreased during such time. Act of January 16, 1819-January 1, 1820. R. C. ch. 27. 2. § 1. No person holding or accepting any office or place, or any commission or appointment whatsoever, legislative, executive or judicial, civil or military, under the authority of the United States, whether any pay or emolument be attached to such office, place, commission or appointment, or otherwise, or accepting or receiving any emolument whatsoever from the United States, shall be capable of holding any office, legislative, executive or judicial,(1) or any other office, place or appointment of trust or profit under the government of this commonwealth: Provided, That nothing herein contained shall be so construed as to prevent members of congress from sitting as county court magistrates, or from holding offices in the militia, or so as to exclude any person receiving a pension from the United States, in consequence of any wound received in war, from any office under this commonwealth, on account of such pension; or, so as to create any exclusion whatsoever, of militia officers or soldiers, on account of the recompense they may receive from the United States, when called out into actual duty. From Jan'y 9, 1799; Dec. 8, 1788, 2 Stat. Larg. 154. [See ante, tit. JUSTICES OF THE PEACE, No. 5.] Act of October 19, 1792. R. C. ch. 145. 3. § 1. If any person or persons shall bargain or sell any office or offices, or deputation of any office or offices, or any part or parcel of any of them, or receive or take any money, fee or reward, or any other profit, directly or indirectly, or take any promise, agreement, covenant, bond or any assurance to receive or have any money, fee or reward, or other profit, directly or indirectly, for any office or offices, or for the deputation of any office or offices, or any part of any of them, or for a vote in appointing to any office or offices, or the deputation of any office or offices, to the intent that any person shall have, exercise or enjoy any office or offices, or deputation of any office or offices, or any part or parcel of them, which shall in any wise touch or concern the administration of the executive government, or the administration or execution of justice, or the receipt or payment of the public revenue, or which shall concern or touch any clerkship in a court of record, all and every person or persons so offending, shall be incapable of appointing or voting for the appointment to any such office, and shall be adjudged a disabled person in law, to all intents and purposes, to have, occupy or enjoy the office in virtue of which he (1) A justice of the peace becoming a mail contractor and carrier is thereby disqualified from holding and exercising his office. Com. v. Israel, 1 Virg. Cas. 317; the Com. v. Sherrard, 4 Leigh, 643. Quære, what operation had this stat. on the act of Jos. Mayo, justice of the peace of Henrico, in Pool's case, post. title SEAMEN, No. 1, note (a). Act of October 19, 1792. R. C. ch. 145. holds, or shall hold, the right of appointing or voting for the appointment to such office, and shall moreover be amerced and imprisoned at the discretion of a jury; and, if a member of either house of assembly, he shall moreover be expelled from the same, and forever after disabled from being elected a member of the general assembly.† See 5 and 6 Edw. 6, c. 16. See 49 Geo. 3, c. 126, § 3, 4, &c. 4. § 2. Every person who shall, directly or indirectly, give or pay any money, fee or reward, or shall make any promise, agreement, bond or assurance to give any money, fee or reward whatsoever, for any vote or appointment to any office which concerns the administration of the executive government, or the administration or execution of justice, or the receipt or payment of the public revenue, or for the clerkship in any court of record, or for the deputation or deputations to any of the said offices, shall be utterly incapable of serving in any such office. 5. 3. Every such bargain, sale, promise, bond, covenant, agreement and assurance, as before specified, shall be utterly void and of no effect. (a) 6. 4. Provided always, That nothing in this act contained shall be so construed as to prohibit the appointment, qualification and acting of any deputy clerk, or deputy sheriff, (b) who shall be employed to assist their principals in the execution of their respective offices. 7. § 5. Provided always, That if any person or persons shall be convicted of having offended against this act, yet all judgments given, and all other acts executed or done by any such person or persons so offending, by authority or colour of the office or deputation which ought to be forfeited, or not occupied, or not enjoyed, by the person so convicted, after the offence so by such person committed or done, and before such person so offending for the same offence be removed from the exercise, administration and occupation of the said office or deputation, shall be good and sufficient in law, to all intents, constructions and purposes, in such like manner and form as the same should or ought to have remained and been, if this act had never been made. This statute was in force in Virginia at the passage of this act. See Noel v. Fisher, 3 Call, 216, 218. (a) A bond for the sale of an office is void. Noel v. Fisher, 3 Call, 215; Godolphin v. Tudor, 2 Salk. 468, 1 Bro. P. C 135, Toml. ed. and Harrington v. Kloprogge, 2 Chitty's R. 475. This decision was made under the act of 5 and 6 Edw. 6, c. 16. (b) See Hoge v. Trigg, 4 Munf. 151. M'K., sheriff of Scott, farmed his shrievalty to G., whom he appointed his deputy, for a sum in gross, to be paid him by G., who, by the same contract, was to discharge all duties, and to take all emoluments of the office: Held, that such contract is not prohibited by this act of 1792, against buying and selling offices, and is lawful. Carr, J. dissented in an elaborate opinion. Salling v. M'Kinney, 1 Leigh, 42; and see Tappan v. Brown, 9 Wend. 175. ORDINARIES. By whom licensed, and on what terms, 1,2 Or, for the mere purpose of retailing Bond and surety, er of revenue, &c., 3 liquor, 4 Commissioners to report those failing Proceedings thereon, When plea of payment of tax not al- 11 111 111 112 how obtained, 7 Tippling-house keepers, how punished, When to expire, 5 12, 14 How transferred, 5 Rent or value of ordinaries how ascer Duty of justices of peace, under this act, 13 15 Sale of liquor-to sailors, how regu 16, 17 10 When tavern keeper not to recover 18 Act of February 22, 1819-January 1, 1820. R. C. ch. 240. Amended by act of March 1. § 1. Every person intending to set up or keep an ordinary, or house of public entertainment,(1) shall first petition the court of that county or corporation, wherein such ordinary is intended to be, and obtain a license for keeping the same; and the justices of the court, to whom such petition shall be exhibited, shall thereupon consider the convenience of the place proposed, the character of the petitioner for good order, sobriety and honesty, and his ability to provide and keep good and sufficient houses, lodging and entertainment, for travellers, their servants and horses; and if such petition shall appear reasonable, and the court shall be satisfied and enter of record, that the petitioner is a man of good character, not addicted to drunkenness or gaming, and shall be of opinion that he will keep an orderly and useful house of entertainment,' they shall be, and are hereby authorized to grant to such petitioner a license to keep an ordinary. [If the petition be refused by the court, no other court during the same year, unless it consists of a majority of the whole number of (1) Ordinary, house of public entertainment, and tavern, seem to be used throughout this act, to convey the same idea. The terms ordinary and tavern are synonymous, being houses in which diet, &c., is furnish ed at fixed rates, but not lodgings. An inn is a house where the traveller is furnished with every thing he has occasion for whilst on his way; and it is not essential to constitute an inn that there should be stables annexed to it. See Thompson v. Lacy, 3 Barn. & Ad. 283. The act is carefully worded, so as to suppress all mere victualling and tippling houses. The location must be proper, the house commodious for travellers, their servants and horses, the keeper orderly, sober and honest, &c., and the establishment useful. An innkeeper is responsible for money belonging to his guest; there is no difference in this respect between money and goods, the principle of liability being to compel the innkeeper to take care that no improper person be admitted into his house, and to prevent collusion between him and such person. Kent v. Shuckard, 2 Barn. & Adolp. 803, N. T. 1831; Jones v. Tyler, 3 Nevil & If a person conducts himself in a disor- K2.2.3-Mitdball in Comets 1 Lugh 572. regard to sale of tobacco, not unbrand by act of |