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wen where one of the

parties lives out of the ftate and has no agent

therein.

published the writing annexed to fuch commiffion, as his laft will and teftament, or that fome other perfon figned it by his direction; that he was of difpofing mind and memory, and that he or they fubfcribed their names thereto in his prefence, and at his request, fuch oath or affirmation shall have the fame operation, and the will be recorded in like manner, as if fuch oath or affirmation had been made in the court from whence fuch commiffion iffued.

XVI. AND whereas great inconvenience may arife to the fuitors in the feveral courts of this commonwealth, who are litigant with perfons refiding without this commonwealth, and have not agents or attornies within the fame, by the death or removal of witneffes, whofe depofitions cannot legally be taken for want of notice to fuch abíent perfons:

How notice is to be giXVII. BE it therefore enacted, That when any commiffion fhall be obtained, to take the depofition of a witnefs in a fuit depending in any of the courts of this commonwealth, where the plaintiff or defendant in fuch fuit doth not. refide within the fame, or hath not an agent or attorney within the fame, to whom nouce of the time and place of taking fuch depofition can be given, then the person obtaining fuch commiffion, having published in the Virginia Gazette, or in any other public newspaper printed within this commonwealth, four weeks fucceflively, the time and place, when and where, the witness is to be examined, and the name of the witness, together with the names of the parties to the fuit in which fuch witnefs is to be examined, it shall and may be lawful for any plaintiff or defendant as aforefaid, to proceed to take any depofition authorised by the commiffion iffuing from the court agreeable to law, where the fuit depends as aforefaid; and fuch depofition when taken and returned to the clerk's office agreeable to the rules of the court from whence the commiffion iffued, fhail there be filed and allowed to be read in evidence in the fame manner, and under the like reftrictions as if notice had been duly given to the oppofite party; any law, ufage, or custom, to the contrary in any wife notwithftanding: and the printer may demand and receive the fum of two dollars for publishing fuch advertisement four weeks, which fhall be taxed in the bill of costs, if the party chargeable therewith fhall prevail in the ftit.

Repealing claufe.

Commencement of this

Aa.

XVIII. ALL and every act and acts, clauses and parts of acts, for, or concerning any matter or thing within the purview of this act, fhall be, and the fame are hereby repealed.

XIX. THIS act shall commence in force, from and after the paffing thereof.

Felony to fteal tobacco on the highway.

Commencement of this

Act.

I.

CHAP. CXLII.

An Act concerning ftealing Tobacco on the Highways.

[Paffed the 15th of December, 1792.]

E it enacted by the General Affembly, That all and every person and

B perfons, that thall at any time after the commencement of this act, ei

ther in the night or day, take, fteal and carry away, any hogfhead or cask of tobacco, which thall be lying on or near any public highway, or any part of the tobacco contained in the fame hogfhead or cafk, although the faid hogfhead or cafk may not be in the poffeffion of the owner thereof, fhall be adjudged a felon, and be punished as in other cafes of felony.

II. THIS act shall commence and be in force, from and after the passing thereof.

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Actions on the cafe may

lic debtors for recovery of money, &c. due to the commonwealth.

I.

An Act declaring what Remedy the Commonwealth fhall have in certain Cafes. [Paffed the 25th of December, 1792.]

B

E it enacted, That whenfoever any perfon or perfons heretofore have, or hereafter may receive, any fum or fums of money or tobacco, or any be brought against pub- kind of public fecurities whatsoever, which of right do or fhall appertain to this commonwealth, and fuch perfon or perfons fhall refufe or neglect to pay fuch money, tobacco, or public fecurities, or any part thereof, to fuch officer of this commonwealth, to whom by law the fame ought to be paid; then and in that cafe it shall and may be lawful for the governor, with the advice of the council of state, to institute; an action upon the cafe against such person or per

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Security entitled to judgqunt against the principal for the same oh white many which he has theen adjudged to pay. Kimsly. Groe

1.

443.

fons, their executors or adminiftrators, for money, tobacco, or public fecurities, (as the cafe may be) had and received to the ufe of the commonwealth; which action fhall be inftituted in the name of the governor for the time being, and his fucceffors, for the ufe of the commonwealth, and fhall not abate by the death, refignation, or removal from office of the governor, in whofe name it shall be brought.

II. WHERE fuch fuit fhall be brought against any public officer, fuch offi- No official bend to be cer fhall not be permitted to plead any official bond, or any condition or cove- pleaded in abatement of nant therein, either in abatement or bar thereof.

bar thereof.

III. THIS act fhall commence and be in force, from and after the paffing Commencement of this thereof.

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I.

CHAP. CXLIV.

An Act for appointing Public Notaries.

[Paffed the 27th of December, 1792.]

WHEREAS it will be for the cafe and convenience of the inhabitants Preamble.

of this commonwealth, and all others trading hither, that public no

taries should be appointed:

II. BE it therefore enacted, That the governor, with advice of council for Public notaries, how to the time being, is hereby empowered and required to nominate and appoint fo be appointed. many notaries public as to him thall feem neceffary; and upon the death, refignation, or removal of any fuch notaries public, to appoint others in his or their room; which faid notaries public fhall hold their refpective offices during good behaviour, and fhall ufe and exercise the faid office of notary public for fuch places, and within fuch limits and precincts as the governor and council fhall direct, to whofe proteftations, atteftations and other inftruments of pub

lication due crédence is hereby given. Provided nevertheless, That every no- To give bond and fecu tary public fhall previous to his executing the faid office, give bond to the go- rity, and take oaths of vernor for the time being, in the penalty of fifteen hundred dollars, condition- fidelity and of office. ed for the due discharge of his faid office; and fhall in the high court of chancery, the general court, or the county court of his precinct, take the oath of fidelity to this commonwealth, and alfo an oath that he will without favor or partiality, honeftly, diligently and faithfully difcharge the duties of a notary public.

III. AND be it further enacted, That every public notary fhall and may Their fees. demand and receive for recording in a book to be kept for that purpofe, each

atteftation, protestation, and all other inftruments of publication, the fum of

eighty-three cents and no more.

IV. THIS act fhall commence in force, from and after the paffing Commencement of this thereof.

act.

CHAP. CXLV.

An Ad to empower Securities to recover Damages in a Summary Way.t

I.

B

[Paffed the 27th of December, 1792.]

E it enacted, That in all cafes where judgment hath been, or fhall Summary remedy for hereafter be entered up in any of the courts of record within this com- fecurities in notes or obmonwealth, against any perfon or perfons as fecurity or fecurities, their heirs, ligations against their principals. executors, or adminiftrators, upon any note, bill, bond, or obligation, and the amount of fuch judgment, or any part thereof hath been paid or discharged by fuch fecurity or fecurities, his, her, or their heirs, executors or adminiftrators, it hall and may be lawful for fuch fecurity or fecurities, his, her, or their exebutors or administrators, to obtain judgment by motion against fuch principal, obligor or obligors, his, her, or their heirs, executors or adminiftrators, for the full amount of what fhall have been paid by the fecurity or fecurities, his, her, or their executors or adminiftrators, in any court where fuch judgment may have been entered up against fuch fecurity or fecurities, his, her, or their heirs, executors or administrators. a

II. AND be it further enacted, That where the principal obligor or obligors, have or hereafter shall become infolvent, and there have been, or fhall be † Amended chs. 174 and 175. (a) 1786, ch. 15.

Nr

For one fecurity against another jointly bound

with him.

Securities not to fuffer judgments to go against them by confeffion or default to the injury of

the principals.

Summary remedy of common bail against the defendant,

Commencement of this

a&.

two or more fecurities jointly bound with the faid principal obligor or obligors in any bond, bill, note, or other obligation, for the payment of money or other thing, and judgment hath been or hereafter fhall be obtained against one or more of fuch fecurities, it shall and may be lawful for the court before whom fuch judgment was or fhall be obtained, upon motion of the party or parties a gainst whom judgment hath been entered up as fecurities aforelaid, to grant judgment and award execution against all and every of the obligors and their legal reprefentatives, for their and each of their respective fhares and proportions of the faid debt.

II. AND be it further enacted, That no fecurity or fecurities, his, her, or their executors or adminiftrators, fhall be fuffered to confefs judgment, or suffer judgment to go by default, fo as to diftrefs his, her, or their principal, or principals, if fuch principal or principals will enter hi n, her, or themfelves, a defendant or defendants to the fuit, and tender to the faid fecurity or fecurities, his, her, or their executors or administrators, other good and fufficient collateral fecurity, to be approved of by the court before whom the fuit shall be depending.

IV. AND be it further enaded, That in all cafes where judgment hath been, or fhall hereafter be entered up in any of the courts of record in this commonwealth, against any perfon as common bail for the appearance of another, to defend any fuit depending in fuch court, and the amount of fuch judgment or any part thereof hath been paid or discharged by fuch common bail, his, her, or their heirs, executors, or adminiftrators, it shall and may be lawful for fuch common bail, his, her, or their heirs, executors, or administrators, to obtain judgment by motion against the perfon or perfons for whofe appearance they were bound, his, her, or their heirs, executors, or adminiftrators, for the full amount of what shall have been paid by the faid common bail, his, or her heirs, executors, or administrators, in any court where judgment may have been entered up against such common bail. Provided always, that no judgment fhall be obtained by motion as aforefaid, unless the party or parties against whom the fame is prayed, fhall have ten days previous notice thereof.

V. THIS act fhall commence and be in force, from and after the paffing thereof.

Preamble,

Arrangement of the militia in brigades and divifions.

f.

CHAP. CXLVI.

An At for regulating the Militia of this Commonwealth.†

[Paffed the 22d of December, 1792.]

THEREAS the Congrefs of the United States, did at their laft feffion,

1. WHI

act provide for

tional defence, by establishing an uniform militia throughout the United States," and it is expedient for this legiflature to carry the fame into effect fo far as it refpects this ftate :

II. BE it therefore enacted, That the counties of Accomack, Northampton, Princess Anne and Norfolk, fhall compofe one brigade; the counties of Nanfe mond, Isle of Wight, Southampton, Surry, Suffix and Prince George, one brigade; the counties of Elizabeth City, Warwick, York, James City, Charles City, NeweKent, Henrico and Hanover, one brigade; the counties of Gloucester, Mathews, Middlefex, Effex, King William, King and Queen, Lancaster, Northumberland, Richmond and leftmoreland, one brigade; and the faid brigades fhall compofe one divifion. That the counties of Loudoun and Fairfax fhall compole one brigade; the counties of Fauquier, Prince William, Stafford and King George, one brigade; the counties of Culpeper, Orange, Spotsylvania and Careline, one brigade; the counties of Louifa, Goochland, Fluvanna, Albemarle and Amberst, one brigade; and the faid brigades fhall compofe another divifion. The counties of Frederick and Berkeley shall compofe one brigade; the counties of Ro. ingham, Augufta and Shenandoah, one brigade; the counties of Wythe, Ruffell, Washington, Lee, Grayfon and Montgomery, one brigadethe-counties of Betetourt, Rockbridge, Greenbrier, Bath and Kanawha, one brigade; the counties of Hampshire, Hardy, Pendleton, Randolph, Harrison, Monongalia and Ohio, one brigade; and the faid brigades fhall compofe another divifion. The counties of Henry, Patrick, Franklin, Campbell and Bedford, shall compofe one brigade;

↑ Amended cbs. 152 and 153.

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