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pay.

Repealing claufe.

Commencement of this

act.

as aforefaid, to receive any number of lashes, not exceeding twenty, on his or her bare back; and in cafe one company of patrollers fhall not be fufficient, more companies may in like manner be ordered for the fame fervice. And af ter every patrole, the officer of every party fhall, once in every month at least, return a report in writing upon oath, to the court of the county, in which he fhall refide; and if the faid court shall adjudge the faid patrollers to have performed their duty according to law, they are thereupon empowered and required to levy fifty cents for every twelve hours each of them shall fo patrole; and every officer failing to appoint patrollers according to the directions of this act, fhall forfeit and pay twenty dollars for every fuch failure, which fines fhall be laid, collected and accounted for, and appropriated as is herein directed, for laying, accounting for, and appropriating the feveral fines and penalties by this act directed.

XXVII. AND be it further enacted, That all acts and parts of acts, com ing within the purview of this act, fhall be, and the fame are hereby re pealed.

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

CHAP. CLIII.

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An Act fupplementary to the Act, to amend the Act for regulating the Militia of this Commonwealth.

1.

BE

[Paffed the 10th of December, 1793.]

E it enacted by the General Affembly, That the governor with the advice of council, fhall be, and he is hereby authorised and required, to commiffion the feveral major-generals, brigadier-generals and adjutant-general appointed, or who may be hereafter appointed, purfuant to the act “ For regulating the militia of this commonwealth."

II. AND be it farther ena ted, That each and every officer appointed, or who may hereafter be appointed and commiffioned in the manner aforefaid, fhall, previous to their entering on the execution of their respective offices, take the following oath, (to be administered by a juftice of the peace, or the court of the county or corporation in which they refpectively refide) to wit: I, do fwear, that I will be faithful and true to the commonwealth of Virginia, of which I proffs myself to be a citizen, and that I will faithfully and jufly execute the office of of the militia of Virginia, according to the best of my skill and judgment: So help me GOD." III. THIS act hall commence and be in force, from and after the paffing thereof.

CHAP. CLIV.

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An Act to amend the A&i, intituled, " An A& for reducing into one, the several.
Alts for regulating the Inspection of Tobacco.t
[Paffed the 6th of December, 1795.]

Ε

BE

E it enacted by the General Affembly, That where any infpected tobac co shall be brought from an upper to a lower warehouse for the purpofe of floreage, and fhall remain undemanded in the fame for eighteen months from the time of its reception therein, the infpectors at fuch lower warehouse thall advertise, fell and account for the fame in like manner, and under the like regulations as is prefcribed by the twenty-eighth fection of the act, intituled, "An act for reducing into one, the feveral acts of Affembly for the Inspection of

tobacco."

II. AND be it further enacted, That where any warehouse established by the former or prefent feffion of Affembly, or which fhall be established by any future feffion of Affembly, fhall happen to be burnt, the lofs fuftained thereby fhall be made good and repaid to the feveral perfons injured, by the General Affembly; and no infpector or infpectors fhall be held accountable for the fame, in contequence of any receipt by him or them given. Provided always, That if the receipt for tobacco fo burnt and destroyed fhall be of an older date than twelve months, and in cafe of infpected tobacco brought to a lower warehouse for

↑ See ch. 135.

ftoreage, fhall be of an older date than fix months, the tobacco shall not be paid for by the public, but the owner or proprietor thereof shall bear the lofs.

III. AND be it further enacted, That it shall and may be lawful for the Infpectors to receive infpectors annually to prefent to the auditor of public accounts, a certificate the full amount of their co infpected, if shipped, from the courts of the counties wherein the warehouses are refpectively fitua- falaries when the tobacted, afcertaining the quantity of tobacco received into fuch warehoufe or ware- would have produced a houfes, and alfo the quantity shipped in each year; and thereupon if it shall fufficiency. appear to the auditor that provided all the tobacco fo received within the space of the year, had been shipped by the owners, that there would have been a fufficient fum received to have difcharged their respective falaries as eftablished by law, then and in fuch cafe it shall and may be lawful for the auditor to iffue his warrant for the amount of their respective falaries, to be paid out of any money in the public treaftry, arifing from the furplus on tobacco; any law to the contrary notwithstanding.

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

act.

CHAP. CLV.

An A♬ to amend the Act, intituled, " An A& reducing into one, the feveral Atts for

regulating the Inspection of Flour and Bread."+

[Paffed the 4th of December, 1793.]

Bweighed, and the tare marked thereon.

& tare marked thereon

Calks to be weighed,

Penalty for a false taxe.

L E it enacted, That all casks wherein 'flour, shall be packed, shall be
put
And if any perfon shall
a falfe or wrong tare on any cafk of flour, to the disadvantage of the purchafer,
he or the fhall forfeit for every cafk fo falfely tared, eighty-three cents, and the
infpector, or his deputy, or affistant, upon fufpicion, or at the request of the pur-
chafer, fhall and is hereby required to unpack any cafk of flour, and if the cafk
wherein flour is packed, be falfely tared, the miller or bolter fhall pay the
charges of unpacking and repacking, over and above the penalties impofed by
this act, and by the act, intituled, "An a&t reducing into one, the feveral acts
for regulating the infpection of flour and bread," but otherwife the faid charges
fhall be paid by the infpector or the purchafer, if the trial be made at his re-
queft. The penalty hereby impofed, fhall and may be recovered, and fhall be How recoverable.
payable
as in the faid recited act is directed, of, and concerning the penalties
therein imposed.

monwealth,

for.

how to be

That of the penalpart II. THAT part of the penalties which is to go to the use of the commonwealth, shall be paid to the inspector at the place where the offence fhall be dif- ties payable to the com covered, who shall annually to the court of his county, held in the month of Sep-collected and accounted zember, render a fair and just account thereof, upon oath, a copy whereof fhail be certified by the faid court, and being fo certified, fhall be tranfmitted to the auditor of public accounts, by their clerk, who fhall debit the faid inspector therewith, and the faid infpector shall annually pay the amount thereof, after deducting a commiffion after the rate of fix per centum, into the public treasury, on or before the first day of January in each year; and in cafe of failure to make such payment, the balance due, may be recovered in like manner, as the public taxes are now recoverable from delinquent fheriffs. An account in like manner, shall be rendered by each inspector, at the next September court held in his county, of all the penalties heretofore paid to him, to be certified and tranfmitted as aforefaid, and he shall thereafter pay the part belonging to the commonwealth, in like manner, and he fhall be entitled to the fame commiffion, and be liable in cafe of failure of payment, to the fame proceedings, as is herein before directed and prescribed in other cafes.

III. EVERY infpector failing to render the account herein before required, at the time, and in the manner herein before mentioned, shall be incapable of being re-appointed to the faid office of infpector of flour, by his faid county

court.

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Penalty on inspectors Counts of penalties re fai ing to render acceived.

Preamble.

Part of the act of 1792 repealed.

Fees allowed to the clerk of the high court of chancery.

CHAP. CLVI.

An At for amending the Act, intituled, "An Act for reducing into one, the fever ral Acts concerning the Fees of certain Officers, and de laring the Mode of dif charging the faid Fees and County Levies."

I.

[Paffed the 4th of December, 1793.]

WHEREAS that part of the fixteenth fection of the act of last feffion

of Affembly, intituled, "An Act reducing into one the feveral acts concerning the fees of certain officers, and declaring the mode of difcharging the laid fees and county levies," which empowers the judges of the fuperior courts (the general court excepted) to make fuch allowances from time to time to their refpective officers as they fhall think reasonable, taking into account the time paft for which no allowance hath been made by the General Affembly, hath been conftrued to empower the judges of the district courts to make the faid allowances:

II. BE it therefore enacted, That the faid part of the fixteenth fection fhall be, and is hereby repealed; except fo far as it may relate to the high court of appeals and high court of chancery.

III. AND whereas it appears that fundry fervices of the clerk of the high court of chancery, formerly provided for, are not noticed in the faid recited act of the laft feffion of Affembly; Be it further enacted, that it shall and may be lawful for the clerk of the faid high court of chancery, in addition to the fees allowed him by the faid recited act, to demand, receive, and take the feveral fees hereinafter mentioned and allowed for any bufinefs by him done fince the paffage of the faid recited act, or hereafter to be done by virtue of his faid office, that is to fay:

For every writ of fuperfedeas or fire facias,

Dols. Cts.

0 43

For taking bond on iffuing a writ of supersedeas, certiorari, or for an ap-
peal, or any other bond,

0 43

For every other writ whatsoever,

0 35

For entering the sheriff's return in the rule book,

0 35

For entering fecurity for cofts for perfons out of the country,

For entering the perfonal appearance of the plaintiff or defendant, or the
appearance of an attorney for either party,

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For filing papers for each party,

0 26

For docketing every caufe on the docket (to be charged but once)
For entering every continuance on the docket,

O 18

0 18

For every trial, fwearing the jury and witneffes, and recording a gene-
ral verdi,

For the filing a declaration and every plea or demurrer in any cause to
the making up of an iffue, directed by the high court of chancery, to
be tried at the bar of the faid court,

• 35

0 87

For adminiftering an oath or affirmation in court, except witnesses to 2
jury,

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IV. AND whereas it also appears that fome of the fees to public notaries, formerly provided for by law, have been omitted in the act of laft feffion, intituled, An act for appointing public notaries" Be it therefore further enacted, that it fhall and may be lawful for every public notary, in addition to the fees allowed him by the faid laft recited act, to demand, receive, and take the fol lowing fees, to wit; for every atteftation, proteftation, and all other inftruments of publication, under his feal of office, the fum of eighty-feven cents,

and no more.

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

• See ch. 115.

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