public meetings in 1. Be it therefore enacted, That the proceedings of the said pub- Proceedings of lic meetings, and the acts done, or to be done by the said committee, Northampton for in pursuance of the authority vested in them as aforesaid, shall be, removing free neand the same are hereby declared to be valid and obligatory, so far as the same may not violate or contravene any law of this commonwealth. groes, legalized. charged as debt 2. And be it further enacted, That all such sums of money as Money borrowed the said committee have borrowed, or may hereafter borrow, by vir- for such removal tue of the authority aforesaid, not exceeding fifteen thousand dol- upon the county. lars, shall be, and the same are hereby charged as a debt upon the said county of Northampton. levy an amount pal and interest of 3. And be it further enacted, That the county court of said County court to county shall, at the time at which the said court shall lay the county equal to revenue levy, direct the sheriff of the said county, at the time that he col- tax, to pay princilects the revenue tax, in each and every year, until the principal debt. and interest of the said debt shall be discharged, to collect and receive from each and every person liable to pay the said revenue tax, a sum, to be designated by said court, not exceeding the revenue tax; and the said sheriff shall apply the same under the directions of the said court, to the discharge of the principal and interest of the said debt. tax. 4. And be it further enacted, That in collecting the said sums Authority, powers and penalties on for the purposes aforesaid, the sheriff shall possess the same rights, sheriff in collectauthority and powers, and shall proceed in all respects in the man- ing and paying ner which is or shall be directed by law, for the collection of the revenue tax, and shall be subject to the same penalties and forfeitures for refusing or failing to collect or pay the same, as are or shall be imposed by law for neglecting or refusing to collect or pay the parish and county levy, to be moved and recovered in the same manner: Provided, That no higher commission than five per cen- His commission. tum shall be allowed for collecting and paying the said money. 5. This act shall commence and be in force from and after its Commencement. passage. CHAP. 189.-An ACT to amend an act, entitled, "an act regulating the manner of granting licenses to retail ardent spirits, and for other purposes," passed April 13th, 1831.* [Passed February 27th, 1832.] vinous or spirituous liquors, how obtained. towns excepted. 1. Be it enacted by the general assembly, That hereafter no li License to retail censes shall be granted to any person to retail wine, rum or brandy, or other ardent spirits, or a mixture thereof, at his or her store or grocery within this commonwealth, unless it be in an incorporated Incorporated town, without a certificate first obtained from the court having jurisdiction, that such place is one fit and convenient to the neighborhood for the retail of such liquors and it shall be lawful for the Such license, how superior court of law, or for the court of the county or corporation having jurisdiction, at any time during the year for which any li cense and certificate may be granted, upon good cause shewn, to set aside such order or certificate, and revoke such license, on mo *Acts 1831-2, ch. 24, p. 24. Parts of this act strictly belong to a different subject, but it is impossible to separate the sections; and as the principal object of the law appears to be to regulate the conduct of slaves, it is inserted in this place. The act to which this is an amendment, acts 1830-31, ch. 59, p. 130, is omitted in this supplement. This act embraces and extends all its provisions, and repeals them so far as they conflict. revoked. tion of any person, ten days previous notice having been given to such store-keeper, grocer or retailer, and thereupon the right of such store-keeper, grocer or retailer to sell wine, rum, brandy or other ardent spirits, or a mixture thereof, by retail, shall cease and determine.(a) Penalty for pur2. Be it further enacted, That any person who shall purchase or chasing or receiv- receive from a slave, without the consent in writing of his or her ing any thing from slaves without master or mistress, overseer or employer, or agent of either, any written permit. commodity or article, shall, upon conviction, be amerced by a jury in a sum not less than ten, nor more than fifty dollars, and be imprisoned, (if in the opinion of the court it be just,) not less than Prosecutions be- one, nor more than six months: Provided, That nothing herein fore justices of the contained shall be construed to affect, or in any manner limit or peace not to be impaired. impair the laws now in force, which prohibit the trading with slaves, so far as prosecutions touching the same are authorized before jusConviction before tices of the peace; and any conviction before any justice of the shall bar peace, further prosecution for the same offence.(6) any 3. Be it further enacted, That when a certificate for a license under this act, or for a license to keep a tavern or ordinary, shall liquors, once re- have been refused, no other court, during that year, unless it consist of a majority of the whole number of justices, shall have power to grant a certificate in such case. justice to bar further prosecution. When tavern licenses and licenses to retail fused, may be granted. The sale of vinous without written Court to revoke license. Penalty for giving to slaves to pro 4. Be it further enacted, That no person or persons shall sell wine, rum or brandy, or other ardent spirits, or a mixture thereof, to any slave, without the consent in writing of his or her master or mistress, overseer or employer, or agent of either. And any person or persons who shall violate this prohibition, shall, upon conviction thereof, be amerced by a jury in a sum not less than ten, nor more than fifty dollars; and it shall moreover be the duty of the court forthwith to revoke the license of any such person or persons. 5. Be it further enacted, That if any master, mistress, overseer written permission or other person, shall give written permission to any slave or slaves, cure liquors with whereby the said slave or slaves shall obtain (for his, her or their knowledge of intent to re-sell the Own use) any wine, rum, brandy or other ardent spirits, or a mixture thereof, and shall sell, barter or trade, or procure the same, or any part thereof, to be sold, bartered or traded to any person or persons whatsoever, the said master, mistress, overseer or other person, upon conviction thereof, shall forfeit and pay a sum not less than ten, nor more than fifty dollars: Provided, That the master, mistress or overseer knew, at the time of giving said written permission, that the said wine, rum, brandy or other ardent spirits, or a mixture of either, were to be procured by the slave for the purpose of sale or barter, or would be used for that purpose. same. Offenders against in what time to 6. Be it further enacted, That any person violating this act, may act, how and with- be proceeded against in any court of record of the county or corporation in which the offence shall be committed, within twelve months from the commission of the same, by presentment, indictment or information. be proceeded against. Act to be given in 7. And be it further enacted, That this act shall be given in charge to grand charge to the grand juries of the several county and corporation courts, and superior courts of law within this commonwealth. juries. (a) 2 Rev. Code 1819, ch. 240, § 8, p. 282. Free negroes unlawfully trading with slaves, declared vagrants, acts 1819-20, ch. 26, § 2, p. 23. (b) 1 Rev. Code 1819, ch. 111, § 19, p. 426. 8. All acts and parts of acts, coming within the purview of this Repealing clause. act, shall be, and the same are hereby repealed. 9. This act shall commence and be in force from and after the Commencement. first day of May next. CHAP. 190.-An ACT providing for the recovery of hires of slaves accruing of appeals, &c. ascertained. 1. Be it enacted by the general assembly, That whenever hereaf- Hires of slaves ter a slave or slaves shall be recovered in an action of detinue, in during pendency any of the courts of this commonwealth, and the defendant shall how recoverable. appeal from, or prosecute a writ of error or supersedeas to such judgment, and the said judgment of the court below shall be affirmed, it shall and may be lawful for the plaintiff, or if he be dead, his executor or administrator, or the sheriff, sergeant, or other curator of his estate, to recover from said defendant, or if he be dead, his executor or administrator, or the sheriff, sergeant, or other curator of his estate, the value of the hires of such slave or slaves which shall have accrued from the date of the verdict upon which such judgment shall have been rendered, to be ascertained by the verdict of Value how to be a jury upon a writ of enquiry, to be awarded and executed, in the court below, which shall have rendered such judgment. In executing such writ of enquiry, it shall be competent for the plaintiff and defendant to offer evidence as to the value of such hires, and the court shall have power, for good cause, on motion of either party, to continue the trial thereof. Upon which verdict the said court shall render judgment for the amount thereof, together with the costs of executing such writ of enquiry, including an attorney's fee: Pro- Notice of motion vided, The defendant, or if he be dead, his executor or administra- for writ of enquiry tor, or the sheriff, sergeant or other curator of his estate, have four weeks notice of the motion for award of such writ of enquiry, before the execution thereof: And provided, That the said court Court may grant shall have power to grant a new trial of such writ of enquiry, in new trial. the same manner as in suits depending in said court; and that Judgment of affirnothing herein contained shall be construed to hinder or delay exe- delayed. cution upon the judgment of affirmance, which shall issue as heretofore: And provided also, That the plaintiff shall recover no more Amount of costs costs than damages. CHAP. 191.-An ACT prescribing the duty of clerks of county courts, and the form of certificates for owners of slaves to be removed to the state of Louisiana.f (Passed January 30th, 1830.) to be given. mance not to be recoverable. obtained by persons removing ana. 1. Be it enacted by the general assembly, That when any person Certificates to be or persons shall be about to remove from the state of Virginia to the state of Louisiana, a slave which he, she or they have acquired slaves to Louisititle to by purchase, gift, marriage, bequest or inheritance, and shall produce, before the clerk of any county court in the state, two freeholders of the county, known to the clerk to be respectable men, who will, in his presence, make and sign a certificate in the following form, or to the following effect, to wit: "We, A. B., and Form of certificate C. D., freeholders in the county of in the state of Virginia, *Acts 1830-31, ch. 34, p. 102. f Acts 1829-30, ch. 17, p. 22. of freeholders. Form of affidavit of freeholders. court. do hereby certify, that a negro (or mulatto) man, woman, boy or girl And which freeholders will moreover make an affidavit, or declaration on oath, before some justice of the county, in the presence of the said clerk, in the following form, or to the following effect: county, to wit: "The above named A. B. and C. D. personally appeared before me, a justice of the peace, for the county aforesaid, in the state of Virginia, and declared on oath that they have known the slave named and described in the foregoing certificate for several years, and that he (or she) has not been guilty, nor been convicted of any crimes within their knowledge; but that he (or she) has a good moral character, and has not been in the habit of running away. Given under my hand and seal, this day of "(L. S.) Form of certificate It shall be the duty of the clerk of any county court to give to the of clerk of county owner of any such slave a certificate in the following form, or to the following effect, to wit: "I, G. H., clerk of the county court of , in the state of Virginia, do hereby certify, that the fore-, going certificate was signed and given, and the foregoing affidavit or declaration on oath was made by the above named freeholders in my presence; that they are men of good character, and are not the venders; that I. S., before whom the above affidavit or declaration on oath was made, is a justice of the peace in this county, and is duly authorized to administer an oath; and that the said A. B. and C. D. are respectable and well known freeholders in this county. Given under my hand, and the seal of the county court, this day of Form of certificate tice. do here And the presiding justice of the county court is hereby of presiding jus- authorized and required to subjoin to the certificate of the clerk a certificate in the following form, or to the following effect, viz: "1, S. B., the presiding justice of the county court of by certify, that I. S., who has signed the foregoing certificate, and annexed thereto the seal of the county court of is the clerk of the said court, and of which court I am the presiding justice. Given under my hand and seal, this day of (L. S.)" Fees of clerks. For which service in each case, the clerk shall be allowed and paid Commencement. one dollar. 2. This act shall be in force from its passage. CHAP. 192.-An ACT to amend the revised acts concerning rent and the penitentiary house.* [Passed December 31st, 1819.] 66 an act to re- Preamble. Whereas in the ninth section of the act, entitled, duce into one the several acts for the "better securing the payment of rents, and preventing the fraudulent practices of tenants, and to regulate the practice of suing out and prosecuting writs of replevin," which passed on the twelfth of January, in the year eighteen hundred and eighteen, and in the fourth section of the act, entitled, "an act to reduce into one act the several acts and parts of acts for establishing a penitentiary house, and for the punishment of crimes," which passed on the sixth day of March, in the year eighteen hundred and nineteen, mistakes have occurred, which might create some doubt in the interpretation of the said acts; for remedy whereof, 1. Be it enacted by the general assembly, That whenever any Oath to be taken landlord or lessor, or his agent, shall desire to sue out the process on suing out atby landlord, &c. of attachment, provided for by the said ninth section, the oath re- tachment for rent. quired thereby shall be dispensed with, provided that such landlord, lessor, or agent, shall make oath or affirmation what rent the tenant is to pay, at what time the same will be due, and that he has just cause to suspect, and verily believes, that such tenant will remove his or her effects from the leased tenement before the time of payment; and thereupon the said landlord, lessor, or agent, shall be entitled to such attachment, in the same manner as if he had made the oath required by the said ninth section.(a) 4. This act shall be in force from the passing thereof. CHAP. 193.-An ACT to amend an act reducing into one the several acts for the better securing the payment of rents, and preventing the fraudulent prac tices of tenants, and to regulate the practice of suing out and prosecuting writs of replevin t (Passed February 15th, 1823.) Commencement. lowed landlord 1. Be it enacted by the general assembly, That when any tenant Attachment alshall have actually removed his effects from the leased tenements within thirty days before the rent reserved thereon hath become due, so that there be after removal of tenant's effects, not left on such tenement property liable to distress sufficient to se- before the rent recure the payment of the rent so reserved, it shall be lawful for the served is duo. landlord or lessor, or the agent or attorney in fact of such landlord ⚫ or lessor, to obtain an attachment at any time within thirty days after such removal, and levy the same on the effects of the said tenant, wherever they may be found; and in all other respects to Proceeding thereproceed in the same manner as is prescribed by the act, entitled, on. an act to amend an act reducing into one the several acts for the better securing the payment of rents, and preventing the fraudulent "Acts 1819-20, ch. 20, p. 18. By this act the executive were required to cause it to be printed and distributed with the Revised Code, as far as practicable, annexing the same to the first volume; it is accordingly annexed to some of the volumes, but others having been distributed prior to the passage of this act, it was necessarily omitted. The preamble and first section are inserted here; the remainder, relating to the penitentiary, is inserted in its proper place. (a) 1 Rev. Code 1819, ch. 113, § 9, p. 448. Attachment allowed landlord after the removal of tenant's effects, post. ch. 193, § 1; acts 1822-3, ch. 29, p. 29. See also, post. ch. 194, § 2, where the tenant may contest the right of landlord to sue out attachment for rent not due; acts 1826-7, ch. 27, p. 26: + Acts 1822-3, ch. 29. p. 29 |