his successor, if any there be; if none, by the recorder; if no recorder, then by the senior alderman capable of attending. If a recorder, being the proper returning officer, shall have died, or be unable to attend, the said duties shall be performed by the mayor, if any; if none, by the senior alderman capable of attending. If a magistrate or alderman, being the proper returning officer, shall have died, or be unable to attend, the said duties shall be performed by the magistrate or alderman next in seniority, and capable of attending. And if there shall be no person hereby authorized, who shall be able to attend and perform the said duties, then the clerk of the county, city, town or borough, as the case may be, shall be bound in all things promptly to perform the duties aforesaid. perform duties re 57. Any officer failing to perform any duty by this act required, Penalty on all offifor failing to perform which no specific penalty hath been herein cers for failing to before prescribed by this act, shall, for such failure, forfeit and pay quired by this act. to the commonwealth, for the benefit of the literary fund, a sum not exceeding one hundred dollars, nor less than fifty dollars. And in Officer on whom all cases in which penalties imposed by this act may be attempted penalty is imposto be enforced, the defendant shall be entitled, if he desire it, to by jury. have the benefit of the trial by jury. ed, may be tried how to be held 53. The election of members of the house of representatives of Elections of memthe congress of the United States, shall continue to be held in the bers of congress, manner, and according to the principles prescribed by the laws now and conducted, in force in relation thereto; except that all persons now authorized and at what time. to vote for members of the house of delegates, shall hereafter be allowed to vote in such elections; and except also, that the said elections shall be held in the several counties, cities, towns and boroughs, on their respective court days in the month of August of the present year, and on their respective court days in the month of April, in the year eighteen hundred and thirty-three; and also, on their respective court days in the month of April, in every second year thereafter; and except also, that the officers holding and Officers required conducting such elections for members of congress shall, before such election commences, take an oath to conduct the election fairly, in the like form with that prescribed by the twelfth* section * The section refer of this act, to be taken by the sheriff or other officer conducting venth. elections of members of the general assembly.(e) to take oaths. red to is the ele 59. All acts and parts of acts, coming within the purview of this Repealing clause. act, shall be, and the same are hereby repealed: Provided, That nothing herein contained shall be construed to affect any rights or remedies, fines, penalties or amercements, heretofore accrued or incurred. 60. This act shall commence and be in force from the passing Commencement. thereof. CHAP. 89.-An ACT to amend an act concerning general elections in this commonwealth.* (Passed March 19th, 1832.) Whereas doubts have arisen in regard to the proper construction Preamble. of the act concerning general elections, passed April the second, (e) For the mode of conducting elections of members of congress, see 1 Rev. Code 1819, ch. 50, pp. 151-154. For the congressional districts, ante. ch. 87; acts 1822-3, ch. 40, p. 41. *Acts 1831-2, ch. 30, p. 27. house keepers, tax-payers, and not to vote out of &c. where they live. eighteen hundred and thirty-one, and certain defects are found to exist therein for remedy whereof, Electors voting as 1. Be it enacted by the general assembly, That it shall not be lawful hereafter for any elector in any election district to vote for heads of families, a delegate to represent the said election district, out of the county, the county, city, city, town or borough, in which the said elector shall actually live, if he offers to vote on the ground of having been assessed with a part of the revenue, and actually paid the same, and of being a Voting upon land- housekeeper and head of a family; or in case he shall offer to vote as a freeholder or leaseholder, or upon any interest whatever derived from land, it shall not be lawful for any such elector to vote for a delegate as aforesaid, out of the county, city, town or borough, in which such land may lie.(a) ed interest, to vote where the land lies. Elections limited to three days. Time allowed officers to examine 2. No election for members of the general assembly, or for representatives in congress, shall hereafter continue more than three days in any one place, or upon any one occasion.(b) 3. Three days instead of two, shall hereafter be allowed, if neand correct polls. Cessary, to the commissioners, sheriff and other officers, whose duty it is, according to the provisions of the twelfth section of the before mentioned act, to examine and correct the polls taken at the courthouse of any county, and the several places where separate elections are authorized within the same, to make such examination and correction, in the manner, and for the purposes therein directed.(c) Members to charge mileage by most direct route. Commencement. Allowance to wit nesses hereafter committee of ei attending any ther house, &c. 4. Every member of either house of assembly shall hereafter be entitled to mileage for travelling to and from his residence to the place where such assembly shall be held, according to the most direct route usually travelled from one place to the other, and no more.(d) 5. This act shall be in force from its passing. CHAP. 90.-An ACT concerning witnesses attending either house of the neral assembly, and committees thereof.* (Passed February 10th, 1820.) ge 2. Be it further enacted, That whenever hereafter any witness shall attend any committee of either house of the general assembly, or any joint committee of the two houses, or shall attend at the bar of either house, in pursuance of a summons issued by the order of such committee, or of such house; the witness so attending shall be allowed the same per diem compensation, and the same pay for travelling and tolls, as shall be allowed by law to witnesses atClaim, how to be tending the general court. The account of such witness shall be verified by his own oath or affirmation, and shall be authenticated by the certificate of the clerk of that house whose bar, or whose committee he shall attend; or by the certificate of the clerk of the house of delegates, if he shall attend a joint committee. The account thus verified and authenticated, shall be allowed by the auditor, and he shall grant therefor a warrant upon the treasurer, to be verified and au thenticated. (a) See ante. ch. 88, § 3 and 5. (b) Ibid. § 17. (c) Ibid. § 12. (d) See 1 Rev. Code 1819, ch. 52, § 2, p. 166. Acts 1819-20, ch. 55, p. 38. The first section of this act is omitted, being a temporary appropriation for the pay of witnesses attending a committee of the house of delegates for the preceding session. paid out of the appropriation for defraying the expenses of the general assembly. 3. This act shall be in force from the passing thereof. CHAP. 91.-An ACT to regulate the fees of the sergeant at arms to the house of delegates." (Passed February 3d, 1831.) Commencement. of delegates. 1. Be it enacted by the general assembly, That the sergeant at Fees of sergeant arms of the house of delegates shall be allowed twenty-eight dollars at arms to house per week, for his attendance on the house during its session; and also the following fees, to wit: for taking any person into custody, two dollars; for every day he shall be detained in custody, two dollars; for sending a messenger to take any person into custody, by warrant from the speaker, eight cents per mile for going, and the same for returning, besides ferriages. CHAP. 92.-An ACT to amend the act, entitled, "an act for reducing into one act the several acts concerning the court of appeals and special court of appeals."t [Passed April 8th, 1831.] to consist of presi 1. Be it enacted by the general assembly, That the court of ap- Court of appeals peals, from and after the termination of the present session of as dent and four sembly, shall consist of a president and four other judges, to be judges. chosen and commissioned in the manner prescribed by the constitution, and the office of the president shall be so far distinct from that of the other judges of the said court, that vacancies occurring Vacancies in of in the said office of president shall be filled by particular election or fice of president to be supplied by parappointment and commission thereto. The president, and the other ticular election. judges of the court of appeals, shall, before entering on the duties Oath of office. of their office, take the several oaths now required by law to be taken by a judge of the court of appeals; which oaths may be taken Before whom tabefore the governor and council, or any court of record, or any justice of the peace; and a certificate thereof being obtained, shall be entered on the record of the said court of appeals. Any three of Quorum, the five judges shall constitute a court, and in the absence of the president, the eldest judge in commission present, shall be the presiding judge.(a)' ken. at Lewisburg, 2. The said court shall hold a session annually at Lewisburg, in Court to be held the county of Greenbrier, to commence on the first Monday in the when and how month of July, and to continue ninety days, unless the business long. be sooner dispatched, and to be divided into such terms as the court may from time to time direct and appoint, for the hearing and de *Acts 1830-31, ch. 69, p. 134. These fees, prior to this act, were regulated by a rule of the house; the pay is reduced by this act two dollars per week; formerly the sergeants at arms to the senate and house of delegates each re ceived thirty dollars per week; now the first receives thirty, and the last twenty-eight dollars. + Acts 1830-31, ch. 4, p. 37. Act providing an office for the court in the capitol omitted; see acts 1824-5, ch. 27, p. 25. (a) The former court consisted of five judges, of whom the eldest in commission presided. For the oaths to be taken, see 1 Rev. Code 1819, ch. 64, § 1, p. 189; also acts 1830-31, ch. 37, §.3, p. 104, containing the oath against duelling. The oaths prior to this act were administered in open court, by this section various me thods may be adopted. What causes to be tried thereat. Court to be held at Richmond; when to com mence, and how long to continue. What causes to be tried there. termining of all causes which shall or may be brought to the said court, by appeal, writ of error or supersedeas, from or to decrees, judgments, sentences or orders of the courts held in those counties of the commonwealth which lie on the western side of the blue ridge of mountains; and another session at the capitol in the city of Richmond, to continue one hundred and sixty days, unless the business be sooner dispatched, and to commence at such times, and to be divided into such terms as the court shall and may from time to time direct and appoint, for the hearing and determining of all causes which shall or may be brought to the said court by appeal, writ of error or superseadeas, from or to decrees, judgments, sentences or orders of the courts held in those counties of the commonwealth which lie on the eastern side of the said mountains: Proplace by consent vided, That parties to causes arising on either side of the said mounof parties or order tains may by consent carry the same for decision to the court, at its session on the other side thereof. And the said court shall, for good cause shewn, have power and authority to remove any cause now depending on the docket of the same, to the court herein authorized to be held at Lewisburg, there to be tried in the order in Causes in certain which they now stand on the docket: Provided always, That apblue ridge may be peals taken from the courts of the counties of Jefferson, Berkeley, tried at Richmond. Morgan, Hampshire, Frederick, Shenandoah, Hardy and Page, shall Causes may be tried at either of court. counties beyond be tried at the court of appeals held in the city of Richmond, any thing in this act contained to the contrary notwithstanding: Provided further, That by consent of parties entered of record at the time of appeal, any cause from either of the courts of the counties above recited may be tried at Lewisburg.(b) 3. The first session of the said court next after the termination of the present session of assembly, shall be held on the tenth day thereafter, at the capitol in the city of Richmond, and the court shall then proceed to appoint a clerk for its sessions to be held at Richmond, and a clerk for its sessions to be held at Lewisburg, in the county aforesaid. And the clerks so appointed shall be required to take the same oaths, and to give the like bonds with surety for the due discharge of their duties respectively, as are required by the laws now in force to be taken and given by the clerk of the court of appeals; and they shall be bound to perform the like duties respectively, and be entitled to the same fees, and to the same remedies and means of collecting and enforcing payment thereof, and be subject to the same penalties and recoveries for neglect or malfeasances in office, to which the clerk of the court of appeals, by the laws now in force, is or would be bound, entitled or subject.(c) 4. Be it further enacted, That the judges of the said courts shall make such allowance to the said clerks as may be deemed reasonable, provided the same shall not exceed one thousand dollars for each clerk for any one year, in lieu of any other compensation from the state. (b) Formerly the court was required to be held at the capitol in Richmond, at least two hundred and fifty days in the year, or the whole year, if necessary. The first term of the court at Lewisburg was changed to August, but the act making the change being temporary, is omitted. (c) For the mode of appointing clerks, see acts 1830-31, ch. 19, p. 78. For their tenure of office and manner of removal, ibid. ch. 20, § 1, 2. Term of service, when to commence, ibid. ch. 20, § 3. 5. The said court shall also have the like power to appoint a tip- Tipstaff and crter staff and crier to attend its sessions at the places aforesaid respec- and allowances for to be appointed, tively; and the like power also to make allowances to its officers for their services to their services, and allowances for defraying the expenses of the court at its sessions at the places aforesaid respectively, which the court heretofore had and exercised in respect to the sessions thereof held at Richmond.(d) be made. Richmond. 6. The causes now pending in the court of appeals shall be re- Causes now pendtained to be heard and determined at the session of the court herein ing to be tried at above provided to be held at the city of Richmond: Provided, By consent, may That the court may, by consent of the parties to any of the said be carried to Lewpending causes, order the same to be transferred to be heard and determined at the session of the court herein above appointed to be held at Lewisburg, in the county aforesaid. 7. This act shall be in force from and after its passing. CHAP. 93.-An ACT concerning the adjutant general, and for other purposes." (Passed March 6th, 1821.) isburg. Commencement. court of appeals, 3. Be it further enacted, That after the term of service of the Sheriff of Henrico present incumbent shall have expired, the sheriff of the county of not to attend the Henrico shall not be required to attend the sittings of the court of after the present sheriff goes out of appeals for this commonwealth; and that all powers heretofore office. vested in the sheriff aforesaid, in relation to the execution of the orders of said court, shall be, from the expiration of the term aforesaid, vested in and exercised by the tipstaff of the said court of appeals. (a) CHAP. 94.-An ACT to fix the salaries of the judges of the court of appeals.t (Passed April 9th, 1831.) court of appeals. 1. Be it enacted by the general assembly, That the judges of the Salaries of presicourt of appeals shall receive, for their annual salaries, in quarterly dent, and judges of payments, after they shall have been audited according to law, the following sums of money: the president of the court of appeals, twenty-seven hundred and fifty dollars; and the other four judges of the court of appeals, twenty-five hundred dollars each; and in addi- Mileage. tion thereto, the president and other judges of the said court of appeals shall receive four dollars each for every twenty miles they may be compelled to travel to and from the respective courts which they are required by law to attend. CHAP. 95.-An ACT providing for special courts of appeals. 1. Be it enacted by the general assembly, That whenever a ma- Special court of appeals for what jority of all of the judges of the court of appeals are interested in any cause, and how (d) Act requiring sheriff of Henrico county to act as sheriff to the court of appeals, repealed, post. ch. 93; acts 1820-21, ch. 8, § 3. *Acts 1820-21, ch. 8, p. 11. First and second sections relating to the adju-` tant general and the vaccine agent, inserted under their appropriate titles. (a) See ante. ch. 92, § 4; acts 1830-31, ch. 4, p. 38. For act making it the duty of the sheriff to attend, see 1 Rev. Code 1819, ch. 64, § 8, p. 192. Acts 1830-31, ch. 6, p. 39. Former laws made no distinction between the salaries of the judges and the president of the court. + Acts 1831-2, ch. 47, p. 39. Former laws, 1 Rev. Code 1819, ch. 64, § 5, 6, 7, pp. 190 to 192, and ch. 65, p. 195. constituted. |