Right of appeal given the commonwealth. Attorney's fee. to obtain hawkers' license. Vendue masters, auctioneers, and venders of lottery tickets, to obtain 2. Be it further enacted, That in all prosecutions for the violation of any act relating to the revenue, the commonwealth shall have the right to appeal, or obtain a writ of error; and for that purpose, may require a bill of exceptions to be signed and made a part of the record, in the same manner as the defendant might do; and such appeal or writ of error shall be proceeded in and decided upon by the superior court or general court, as the case may be, at the next term, unless for good cause shewn to the contrary; and in all prosecutions under the revenue laws in the inferior courts when a conviction shall be had, an attorney's fee of five dollars shall be allowed and taxed in the bill of costs. (b) Persons trading 3. Be it further enacted, That all persons trading on the rivers on water-courses, and water-courses of this state, and vending goods, wares and merchandizes, shall be deemed and taken to be hawkers and pedlars, within the meaning of the several acts concerning hawkers and pedlars trading on land; and shall be required to pay a tax and obPenalty for failure. tain a license as such; and on failure so to do, shall be subject to the penalties prescribed by law for such dealings in other cases.(c) 4. Be it further enacted, That vendue masters, auctioneers, and venders of lottery tickets, shall be, and are hereby required to obtain licenses to carry on their respective pursuits, in the same manner as merchants' licenses are obtained; and on failure so to do, every vendue master or auctioneer, who shall sell at auction any goods, wares and merchandizes, and every person who shall sell any lottery ticket, or share thereof, or any policy, guarantee or assurance of the prize, or part of the prize, to be drawn by any lottery ticket, without having obtained such license, shall, for every Penalty for failure. such offence, be subject to the same penalty as merchants selling foreign goods, wares or merchandize, without license, to be recovered in the same manner. (d) licenses. Commissioner of the revenue for Richmond; his salary. Oath of venders of state lottery tickets. 5. Be it further enacted, That the commissioner of the revenue for the city of Richmond shall hereafter receive a sum not exceeding three hundred dollars, to be certified and paid as in other cases.(e) 6. And be it further enacted, That every person obtaining a license to sell lottery tickets in lotteries authorized by the laws of this commonwealth only, shall first make affidavit before the commissioner of the revenue, that he will not, during the period for which such license may be granted, be directly or indirectly concerned in the sale of any ticket or tickets in any lottery or lotteries not so authorized, without obtaining a license for that purpose: Venders of foreign And every person who shall pay the tax and obtain a license for the lottery tickets ob- sale of foreign lottery tickets, shall, during the period for which such license may be granted, be exempted from all penalties prescribed by law for the sale of such tickets. (f) taining license, exempt from penalties for selling such tickets. Commencement. 7. This act shall be in force from the passing thereof. (b) Altered from acts 1827-8, ch. 3, § 4, p. 7; ante. ch. 274, § 4. (c) Taken from acts 1825-6, ch. 1, § 3, p. 5. (d) See ante. ch. 270, § 15, authorizing sales of decedents' estates, of estates by trustees, or under decrees or judgments of courts, to be made without license. See also ante. ch. 222, note to the title. (e) Increased from acts 1824-5, ch. 5, p. 7; ante. ch. 272, § 3. CHAP. 276.-An ACT concerning United States' pensioners." (Passed January 4th, 1827.) pensioners ex county seals. 1. Be it enacted by the general assembly of Virginia, That here- United States' after no pensioner of the United States shall be liable to pay any empted from the tax to the commonwealth, for affixing the county seal to any certi- payment of tax on ficate required by the laws of the United States, to enable such pensioner to obtain, or continue his pension; and it shall be the duty Clerks to affix tho of the clerk to affix the said seal, when so required, to such certi- seals free of charge. ficate, without receiving the said tax. 2. This act shall commence and be in force from the passing Commencement. thereof. CHAP. 277.-An ACT to invest the Washington monument fund.t Whereas it appears to the general assembly of Virginia, that the Preamble. loans. 1. Be it therefore enacted, That the governor of this common- Fund to be investwealth, by and with the advice of the council of state, shall be, and ed in stock or hereby is authorized to invest the money at this time in the treasury of the state, known by the name of "The Washington Monument Fund," in six per cent. or other stock, or in loans to individuals or to corporate bodies, on good and sufficient security, real and personal, at an interest of six per cent. per annum, to be paid semiannually, as may seem to the executive best; and that the profits Profits to be semiarising from such investment of the said fund, shall also be semi-annually invested. annually invested, or as soon thereafter as the same can profitably be done. to be kept by trea surer. 2. Be it further enacted, That the treasurer of this common- Separate accounts wealth shall keep separate accounts for the Washington monument fund, and shall report annually to the legislature the particular condition of the fund. erected, when 3. Be it further enacted, That as soon as the said fund shall Monument to be become sufficient, in the opinion of the legislature, to effect the fund sufficient. original object of the donors of the fund, a monument shall be erected to Washington, in the manner prescribed in the resolutions of the sixteenth day of February, eighteen hundred and sixteen, or in such other manner, and at such other place, as may to the legislature seem best. 4. This act shall commence and be in force from and after its Commencement. passage. CHAP. 278.-An ACT to amend an act, to reduce into one act the several acts receiving annual 1. Be it enacted by the general assembly, That, on the receipt Duty of auditor on of the annual list of fines, penalties, and amercements, required by lists of fines, &c. law to be transmitted to the auditor, by the clerks of the superior to debit sheriff or *Acts 1826-7, ch. 21, p. 19. other collector with executions not returned. Acts 1827-8, ch. 12, p. 11. Clerks to embrace in next annual lists, executions not returned, which were issued 1820. and inferior courts within this commonwealth, the auditor shall be, and he is hereby authorized and required, to debit the sheriff or other collecting officer, with the amount of every execution which, by the said annual list, shall appear to have been returnable on or before the last day of August in any year, but shall not have been returned, in like manner as if such execution were returned with effect: And the sheriff or other officer shall be compelled to account for, and pay the same, as is now provided in cases where such executions are returned with effect as aforesaid. (a) 2. The clerks of the superior and inferior courts shall embrace in their next annual lists, all such executions as may have been issued since the first day of January, eighteen hundred and twenty, since January 1st, and which shall not be returned at the period of transmitting such lists, as well as such as may be returned within the year, as now required by law and, in all cases hereafter, where, at the time of transmitting the annual lists as aforesaid, executions shall have August, to be em- been issued, and shall not be returnable on or before the last day succeeding lists. of August in any year, the said clerks shall embrace the same in their next succeeding lists. (b) Executions not returnable on or before last day of braced in the next Where no fines in the year, the clerks to certify 3. In all cases where no fines shall be assessed or imposed withare assessed with- in the year ending the thirty-first of August, it shall be the duty of the clerks to certify the fact to the auditor, under the same penalty, recoverable in the same manner, which is now imposed for the failure to transmit a list of fines actually imposed or assessed in their respective courts. that fact. Penalty for neglect. In what cases money shall be re 4. If the sheriff or other collecting officer shall be compelled to funded to sheriff, pay the amount of any execution which shall be charged to him unor other collector. der this act, and it shall afterwards appear by the return on such execution, that nothing was received by him thereon, it shall be lawful for the auditor, and he is hereby authorized, to refund the money so paid by such sheriff or other collecting officer, by warrant on the treasury. Sheriffs receiving tions for fines; to such costs. 5. In all cases where the sheriff or other officer shall have recosts in prosecu-ceived the costs, or any part thereof, in any prosecution for fines, whom, and how he shall pay to the several persons entitled thereto, their respective compellable to pay proportions thereof; and, on failure so to do, he and his securities, or either of them, and their representatives, shall be liable to a motion in a summary way, on ten days notice, in the court where such Provision in favor prosecution may have been had; and where witnesses may hereafter attend in behalf of the commonwealth, in cases of misdemeanor, or prosecutions for breaches of penal laws, and it shall appear that the defendant is acquitted, or by reason of insolvency, or other cause, no costs are recovered, it shall be lawful for the auditor to issue his warrant for, and on account of the attendance of such witnesses, the same being duly certified by the clerks of the respective courts. (c) of witnesses attending for commonwealth in cases of misdemeanor, &c. Prosecutors for breach of penal laws, how far res 6. Be it further enacted, That when, in any case, a prosecution shall be instituted for a breach of any of the penal laws of this ponsible for costs. commonwealth, by any individual who may be endorsed as prosecutor, such individual shall be answerable for all costs which may accrue in consequence of such prosecution, in like manner that (a) See 2 Rev. Code 1819, ch. 190, § 2, 4, 5, pp. 58, 59. (b) Ibid. see ante. ch. 246, § 4. (c) Amended, see ante. ch. 204, § 1, p. 264. parties to civil actions are now answerable: Provided always, That the prosecutor shall, in no case, be liable to pay costs where the defendant or defendants shall have been found guilty.(d) 7. This act shall be in force from and after the passing thereof. Commencement. CHAP. 279.-An ACT regulating the payment of judgments or decrees against the commonwealth.* (Passed March 28th, 1831.) decree against 1. Be it enacted by the general assembly, That no judgment or No judgment or decree of any court of common law or chancery, having jurisdiction commonwealth to in cases against the commonwealth, shall be paid by warrant on the be paid without treasury or otherwise, without a special appropriation by law; any tion. thing in any former law or usage to the contrary notwithstanding. special appropria 2. This act shall be in force from and after the passing thereof. Commencement. CHAP. 280.-An ACT to provide for the appointment of a commissioner on behalf of this commonwealth to prosecute certain claims against the United States.t [Passed April 8th, 1831.] Whereas in the opinion of the general assembly, the state of Vir- Preamble. ginia has a valid and substantial claim on the United States for various large sums of money which have been paid, and which this commonwealth may be bound to pay on account of the services of the troops of our state line during the war of the revolution, and the documents and testimony in relation to the same are dispersed and difficult of access, and it is believed that the public interest will be promoted by the employment of a competent agent or commissioner on behalf of the state, to attend to the prosecution of such claim Therefore, : United States. 1. Be it enacted by the general assembly, That the governor of Commissioner to this commonwealth shall appoint some competent person as commisbe appointed to investigate claims sioner, for and on behalf of this commonwealth, whose duty it shall of state upon be to prepare the testimony and documents touching the claims of His duty. Virginia upon the United States, on account of monies paid, or for which Virginia may be liable, to the officers and soldiers of her state line during the revolution, their heirs, executors, administrators or assigns; and it shall furthermore be the duty of such commissioner to attend personally to the preparation and prosecution of such claim or claims, under the direction of the governor, and to communicate with him from time to time, as to the progress which may be made therein. And such commissioner shall receive as a His compensation. compensation for his trouble and services a commission of one per centum on the amount which may be recovered on account of said claims and paid by the United States: Provided nevertheless, That Proviso. if the amount so recovered shall not be sufficient to afford by said commission, to the commissioner aforesaid, two thousand dollars per annum, or at such rate for the time he may be so employed in the service of this state, then whatever deficiency there may be, shall be allowed and paid to the said commissioner by the auditor of public accounts, out of any monies in the treasury not otherwise (d) 1 Rev. Code 1819, ch. 128, § 23, p. 494; ibid. ch. 169, § 45, 46, 47, p. 611, and § 66, p. 615. *Acts 1839-31, ch. 57, Subjected to con Sum to be advanced. appropriated. The said commissioner shall in all respects touching trol of governor. his said duties, be subject to the control of the governor of this commonwealth, who shall have power, if the claims aforesaid be not adjusted within a reasonable time, and there is no probability of effecting the same, to discontinue the services of said commissioner. The said commissioner shall receive the sum of one thousand dollars immediately after his appointment, but shall receive nothing more from the treasury of the commonwealth, until the result of the claims aforesaid shall be ascertained; such sum shall be deCommissioner to ducted on the final settlement with such commissioner; and such commissioner shall in like manner be charged with the settlement and recovery of any claims of this commonwealth remaining unsettled on account of the expenses of the late war, on the terms heretofore prescribed. attend to other unsettled claims. Commencement. Auditor to appoint agents to sell lands of public ecution, and purchased by commonwealth. Such agents to 2. This act shall be in force from and after the passing thereof. CHAP. 281.-An ACT to amend an act, entitled, "an act to reduce into one the several acts concerning the recovery of debts due to the public, and the sale of lands for judgments on behalf of the commonwealth." (Passed February 28th, 1821.) 1. Be it enacted by the general assembly, That the auditor of public accounts shall be, and he is hereby authorized and required, debtors, under ex- to appoint fit and proper persons as agents, for the purpose of selling under his direction and control, all tracts or parcels of land, taken under execution against public debtors, and purchased by the commonwealth. Every agent so appointed by him, shall give bond to the governor for the time being, with such security as shall be approved by the executive, conditioned for the faithful performance. of his duties, and for the punctual payment of all monies which Their compensa- shall come into his hands by virtue of his office; and shall be allowed such compensation for his services as the executive shall deem just and adequate, not to exceed ten per centum on the money actually paid into the treasury. (a) give bond and security. tion. Auditor may em power them to su the common wealth. 2. The auditor may invest such agents with power and authority perintend collec- to superintend the collection of all debts and arrearages due the tion of debts due commonwealth, in cases where, in his opinion, such agency will conduce to the public interest; and where, from information, he shall believe that the interest of the commonwealth will be promoted, he shall be, and is hereby, empowered to stipulate, through such To allow debtors agents, with public debtors for the payment by instalments, of debts ments; giving ad- due the commonwealth, in consideration of such additional securiditional security, ty and indemnity as shall be offered by such debtors, and accepted Compensation for by him. The compensation allowed to such agents shall in like manner be adjudged by the executive, and shall not exceed twenty per centum on the money actually paid into the treasury. to pay by instal &c. such services. Auditor to appoint lic taxes; and when. 3. And be it further enacted, That, hereafter, it shall be the duty collectors of pub- of the auditor to appoint collectors of the public taxes, in all cases where the sheriffs of the counties and corporations in this commonwealth have failed to perform that duty. Such collectors shall have a reasonable time allowed them by the auditor, for making the Bond and security. collection, and shall, before they act, give bond and security, be Time allowed them for collect ing. *Acts 1820-21, ch. 5, p. 9. (a) See 2 Rev. Code 1819, ch. 189, § 16, p. 53. When property may be removed for sale to adjacent counties, see acts 1824-5, ch. 6, p. 8; post. ch. 283. |