CHAP. 246.-An ACT concerning the expenses of criminal prosecutions.* [Passed February 12th, 1825.] expenses section of act of make up state prosecutions. What shall be comprehended 1. Be it enacted, That so much of the thirty-first section of an Part of the 31st act, entitled," an act to reduce into one act the several acts con- February 26th, cerning the method of proceeding against free persons charged with 1819, repealed. certain crimes, declaring the mode of proceeding on indictments, informations and prosecutions on penal statutes, and for preventing vexatious and malicious prosecutions and moderating amercements,' which passed February the twenty-sixth, eighteen hundred and nineteen, as requires the auditor of public accounts to transmit to the sheriff of the county, or sergeant of the corporation, where the estate of any convict may be, an account of the expenses of his or her prosecution, shall be, and the same is hereby repealed; and Clerks of courts to where any person is hereafter convicted upon any prosecution, the ments of expenexpenses of which are by law required to be paid out of the estate ses of criminal of such convict, it shall be the duty of the clerk of the court, in which the conviction shall have taken place, (as soon as may be after such conviction,) to make up a statement of all the of the prosecution with which the commonwealth may be charge- therein. able, as well in the court in which the conviction took place, as in all the preliminary proceedings, together with all jail fees and charges for dieting and guards, accruing before conviction; and to Executions for the issue execution for the amount thereof, in the name of the common- sued in name of wealth, against the goods and chattels, lands and tenements, of the commonwealth. said convict, directed to the sheriff of any county, or the sergeant of any corporation, where the goods and chattels, lands or tenements, or any part thereof, of the said convict, may be found; on Duty of sheriff or which he shall endorse that "no security of any kind is to be taken," and shall cause the same to be delivered to the sheriff or sergeant to whom any such execution is directed. (a) Where the con- Clerks of inferior viction shall have been in a superior court of law, and any prelimi- expenses of prelinary proceedings in the prosecution shall have been had in an in- minary proceedings. ferior court, it shall be the duty of the clerk of the inferior court to certify to the clerk of the superior court of law, all the expenses of such preliminary proceedings incurred in the prosecution, and chargeable to the commonwealth; and when any expenses shall Duty of courts in have been incurred for guards, at any time prior to the conviction, ses of guards. it shall be the duty of the court allowing such expenses to enter of record, at the time of such allowance, on account of what particular prisoner they, or any part of them, have been allowed.(b) amount to be is sergeant. courts to certify relation to expen sergeant. able into treasury. 2. Be it further enacted, That the sheriff or sergeant to whom Duty of sheriff or any such execution is directed shall receive the same and levy and collect the amount, and make return thereof, as upon any other execution of a similar kind; and shall account for and pay into the Money when paypublic treasury, for the use of the commonwealth, at the time prescribed by law for the payment of fines and amercements, all money made within the preceding twelve months, upon any such execution, and shall be entitled to the same commissions, and be subject to the same pains and penalties for failure in any of the duties hereby required of him, and the same mode of recovery, mutatis mutandis, as in cases of execution for fines and amercements put into his hands. (c) *Acts 1824-5, ch. 11, p. 16. (a) 1 Rev. Code 1819, ch. 169, § 31, p. 608. (b) Ibid. § 32. (c) 2 Rev. Code 1819, ch. 190, § 5, p. 59; see, also, ante. ch. 266, § 1. Claims for ser prosecutions disallowed, if not presented before 3. Be it further enacted, That if any person having a claim on vices in relation to the commonwealth, for any services in relation to a criminal prosecution, the expense whereof ought to be taxed in the bill of costs, execution issued. shall, without good cause, fail to present such claim for allowance, before the execution for the costs shall have issued, in manner herein directed, such claim shall be disallowed. Clerks to trans tions to auditor, annually. 4. Be it further enacted, That the clerk of any court, by whom mit lists of execu- such execution may have issued, shall annually, at the time he transmits to the auditor of public accounts a list of fines and amercements, also transmit a list, in the like form, and to the like effect, of all executions issued by virtue of this act, and returned by the sheriff or sergeant to whom directed, in the preceding year, accompanied by such remarks as may be necessary to the proper understanding of the same; and for failure shall be subject to the same penalty, to be recovered in the same manner as is prescribed by law for a failure to transmit a list of fines and amercements. (d) Penalty for neglect. Services by clerks under this act, to part of their pub be considered as lic services. Commencement. Power given and other proper up deserters under any treaty be tween United States and foreign nations. 5. Be it further enacted, That all services performed by any clerk, by direction of this act, shall be considered and taken as a part of his public services; and no other or further fee or reward whatever shall be charged by him, or paid by the commonwealth therefor, than the allowance made by law for his public services. 6. This act shall commence and be in force from and after the first day of June next. CHAP. 247.-An ACT to limit, in certain cases, the operation of the act passed January 21st, 1801, entitled, "an act in addition to the act, entitled, 'an act to amend the penal laws of this commonwealth.'"* (Passed February 23d, 1828.) 1. Be it enacted by the general assembly, That whensoever the judges, justices, United States shall have entered into a treaty with any foreign naofficers, to deliver tion, the stipulations of which shall bind the contracting parties, reciprocally, to cause to be arrested and delivered up to their respective consuls, vice consuls, or other agents, any person or persons, not being a citizen or citizens of the United States, who shall have deserted from the vessels of either of the said parties within the ports of the other, it may be lawful for any judge, justice of the peace, or other competent officer within this commonwealth, to aid and assist in causing the person or persons so deserting from such foreign vessel, in any of the ports of this state, to be arrested and delivered up in compliance with the terms and provisions of such treaty, and in the mode which may be thereby prescribed: And prosecuted there- such judge, justice, or other officer shall not, for so aiding and assisting, be liable to be prosecuted under the act passed January the twenty-first, eighteen hundred and one, entitled, "an act in addition to the act, entitled, 'an act to amend the penal laws of this commonwealth;'" any thing therein contained to the contrary notwithstanding. Not liable to be for. Commencement. 2. This act shall be in force from and after the passing thereof. (d) See post. ch. 278. Former law, 2 Rev. Code 1819, ch. 190, § 4, p. 59. Acts 1827-8, ch. 38, p. 30. Former law, 1 Rev. Code 1819, ch. 161, pp. 589, 590. CHAP. 248.-An ACT to amend the act, to reduce into one the several acts concerning the auditor and treasurer.* (Passed February 25th, 1820.) tor. lists of unsatisfied 1. Be it enacted by the general assembly, That the auditor of Accounts to be public accounts shall keep a general ledger of accounts, into which kept by the audiall the balances due to or from this commonwealth, shall be brought at the end of each fiscal year; the unsettled accounts on the said book shall be balanced, and the balances carried forward to the books of the succeeding year. And it shall, moreover, be the du- His duty to lay ty of the auditor to lay before the general assembly, at each session, claims before the a list of all unsatisfied claims due to or from this commonwealth, general assembly. corresponding with the balances struck on his books at the termination of the last fiscal year, with such marginal notes as will shew the nature of the debt, the steps taken to enforce payment, and the prospect of collection in cases of claims due to the commonwealth. The auditor shall, on the last day of each quarter of the To compare the fiscal year in each year, compare the books of his office with those books of his office of the treasury department, and, after having carefully entered all treasury. the receipts and disbursements up to that time, strike the balance on his books, shewing the amount of money in the hands of the treasurer due to the commonwealth, and carry the said balance for ward to the next year. (a) with those of the surer. the books kept by 2. And be it further enacted, That the treasurer shall keep a Accounts to be general ledger of accounts, into which he shall post all the receipts kept by the trea and disbursements at his office, arranging the receipts and disbursements under the heads to which they properly belong: he shall Comparison to be open on the said ledger a general account of receipts and dieburse- made by him with ments, which last mentioned account he shall compare with the the auditor. books, kept by the auditor in his office, on the last day of each quarter of the fiscal year in each year, and, after having made them to correspond, shall strike the balance on the said account, shewing the amount at that time, in his hands, due to the commonwealth, which balance shall be carried forward on the books to the general account for the next quarter. The treasurer shall keep ac- Accounts to be counts on the books of his office with the different banks in which kept with the the public revenue or money is deposited, on which balances shall be struck at the aforesaid periods, shewing the amount in bank to the credit of the commonwealth at the end of each quarter; and he shall moreover keep a general cash account, which shall be balanced at the aforesaid periods, shewing the balance in the treasury office at the end of each quarter.(b) banks. mine settlements and treasurer. 3. And be it further enacted, That the executive shall appoint a Committee of excommittee of their body, whose duty it shall be to repair to the ecutive to exatreasury office at the end of each of the quarters aforesaid, for the made by auditor purpose of examining the settlement made by the auditor and treasurer; detecting errors in such settlement, if there be any; ascertaining the money on deposite in the banks, and the money in the treasury, which committee shall make report thereof to the execu *Acts 1819-20, ch. 9, p. 11. (a) Amended, acts 1826-7, ch. 10, p. 13; post. ch. 249. All reports to legislature to be made on the first day of the session, ante. ch. 14, p. 31. Former law prescribing the duties, &c. of the auditor, 2 Rev. Code 1819, ch. 174, pp. 1,6. See, also, acts 1828-9, ch. 4, p. 7; post. ch. 251. Acts 1822-3, ch. 5, p. 10; post. ch. 254. (b)2 Rev. Code 1819, ch. 174, § 12, p. 4. See acts 1828-9, ch. 4, pp. 7, 8; post. ch. 251. Executive, when tive; and if it shall appear, to their satisfaction, that the treasurer empowered to re- has misapplied public money or treasure committed to his care, it move the treasu rer from office. Office hours in treasurer's and auditor's offices. Commencement. Accounts, how to be kept by the auditor. Notice by the auditor of intended absence froin Richmond, to whom to be given. shall be the duty of the executive, and they are hereby required, forthwith to displace him from office, and appoint a successor to continue in office until an appointment be made by the general assembly.(c) 4. Be it further enacted, That office hours for transacting business in the treasurer's and auditor's offices, shall be as follows: from the first day of April to the first day of November, the offices shall be opened at eight o'clock, and from the first day of November to the first day of April, they shall be opened at nine o'clock, and shall not close sooner than three o'clock on any day. 5. This act shall commence and be in force from the passing thereof. CHAP. 249.-An ACT to amend an act, entitled, "an act to amend the act to 1. Be it enacted by the general assembly, That so much of the first section of an act, entitled, an act to amend the act to reduce into one the several acts concerning the auditor and treasurer," passed February the twenty-fifth, eighteen hundred and twenty, as requires the balances due to and from the commonwealth, at the end of each fiscal year, to be carried forward to a new ledger at the beginning of the next year, shall be, and the same is hereby repealed. But, the unsettled accounts on the books of the auditor shall be balanced at the end of each year as now required, and the balances due to and from the commonwealth shall be carried to the account of the next year, on the same ledger, as long as the same will contain the accounts; and when it becomes necessary to open a new ledger, all balances due to and from the commonwealth, shall be transferred thereto in the manner now required by law, so as clearly and distinctly to shew on the books of the current year, all balances due to and from the commonwealth. So much only of the said act as is hereby specially named, shall be repealed; every other provision thereof shall be and remain in full force, as if this act had not passed. CHAP. 250.-An ACT to amend the eighth section of the act, entitled, "an act to reduce into one the several acts concerning the auditor and treasurer."t (Passed February 3d, 1823.) 1. Be it enacted by the general assembly, That, in case of any necessary absence of the auditor of public accounts from the city of Richmond, he shall notify the governor, or in his absence, the lieutenant-governor, or any two members of the privy council, of such intended absence, who (as the case may be) shall authorize the chief clerk in the office to discharge all the duties of the department during the absence of the auditor. (c) Rev. Code 1819, ch. 174, § 18, p. 5. Acts 1826-7, ch. 10, p. 13. Former laws, 2 Rev. Code 1819, ch. 174, § 2, p. 2. Act to which this is amendment, ante. ch. 248, § 1. Auditor to keep separate account of contingent expenses of courts, &c. acts 1822-3, ch. 5, p. 10; post. ch. 254. See also acts 1828-9, ch. 4, pp. 7, 8; post. ch. 251. f Acts 1822-3, ch. 4, p. 9. Section of former act repealed, 2 Rev. Code 1819, ch. 174, § 8, p. 3. 2. So much of the eighth section of the act, entitled, "an act Repealing clause. to reduce into one the several acts concerning the auditor and treasurer," as comes within the purview of this act, shall be, and the same is hereby repealed. 3. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. 251.-An ACT to prescribe the mode of paying public monies into and out of the treasury.* (Passed February 16th, 1829.) commonwealth to mond. scribed. 1. Be it enacted by the general assembly, That all monies due Monies due to the or payable to the commonwealth, the president and directors of the be paid into the James river company, the board of public works, and the president banks in Richand directors of the literary fund, shall be paid by the person or persons liable to pay the same, or his, her or their agent or agents, into the bank of Virginia, or the Farmers' bank of Virginia, in the city of Richmond, in the manner hereinafter prescribed, and not otherwise; that is to say, all and every such person and persons, The mode proshall first obtain a warrant from the auditor of public accounts, or the second auditor, as the case may be, directing the treasurer to receive the sum so to be paid. The treasurer shall make an order upon the said warrant, requiring the cashier of one of the said banks to receive the sum therein mentioned; and upon receiving the same, the cashier, teller, or other proper officer, or clerk of the bank, shall give a certificate on the same warrant, that the said sum of money has been paid by the person liable therefor, into such bank, to the credit of the treasurer. Upon the return of the warrant, order and certificate aforesaid, the treasurer shall give a receipt to the proper person for the sum so paid: and upon delivering the same to the auditor, or to the second auditor, whichsoever shall have issued the warrant, he shall grant a receipt therefor, in the manner now prescribed by law. (a) ing payment in any other way. 2. Be it further enacted, That if any sheriff, collector, public Penalty for makofficer, or other person, liable to pay any money to the commonwealth, the president and directors of the James river company, the board of public works, or the president and directors of the literary fund, or on any other account whatsoever, shall pay the same to the treasurer, otherwise than according to the provisions of this act, every such sheriff, collector, officer and other person, shall remain liable for such sum of money, and for all fines, penalties and forfeitures, for failing to pay the same: And every such sum Money so paid, of money, fine, penalty and forfeiture, shall be recoverable in the how recoverable. manner now prescribed by law for the failure to pay money into the treasury in such cases. in the name of the 3. Be it further enacted, That all monies of the commonwealth, Public monies to and of the corporations before named, shall hereafter be kept in the be kept in bank, banks aforesaid, in the name of the treasurer of the commonwealth. treasurer, in one The balances now remaining in the said banks, of the several acgeneral account. counts of the corporations aforesaid, shall be transferred to the general account of the treasurer; and no other account of public monies shall be kept by him in either bank, except the said general |