Duty of the General Court in cafe of fuch neglect. Perfons convicted of ioned for one year. County or Corporation, fhall do execution of this act, every one upon pain of twenty pounds, to be paid to the Commonwealth, as often as they fhall be found in default of the execution of the faid act. V. AND on fuch default of the Juftices and Sheriff, Under-Sheriff, or Ser. jeant, a commiffion fhall go from the General Court at the inftance of the party grieved, to enquire as well of the truth of the cafe, and of the original matter for the party complainant, as of the default or defaults of the faid juftices, Sheriff, Under-Sheriff, or Serjeant, in this behalf fuppofed, to be directed to fufficient and indifferent perfons at the nomination of the Judges; and the faid Commiffioners prefently fhall return into the General Court the inquests and matters before them in this behalf taken and found: Per VI. BUT no perfons convicted of a riot, rout, and unlawful affembly, fhall Riots, may be impri- be imprisoned for fuch offence by a longer space of time than one year. fons legally convicted of a riot, rout, or unlawful assembly, otherwife than in the manner directed by this Aft, fhall be punished by imprisonment and amercement, at the difcretion of a Jury, under the like limitation. Mode of protesting inland bills of exchange. Form of the protest. CHAP. XXIX. An Act preferibing a Method of protesting Inland Bills of Exchange, and allowing Affignees of Obligations to bring Actions thereupon in their own Names.t I. B [Paffed the 4th of December, 1786.1] E it enacted by the General Affembly, That if a Bill of Exchange, for the fum of five pounds, or upwards, dated at any place in Virginia, drawn upon a perfon at any other place therein, expreffed to be for value received, and payable at a certain number of days, weeks, or months after date, being prefented to the perfon, upon whom it fhall be drawn, fhall not be accepted by fubfcribing his name, with his proper hand to the acceptance, written at the foot, or on the back of the Bill, or being accepted in that manner, and not otherwise, shall not be paid before the expiration of three days after it fhall become due, the perfon to whom it fhall be payable, or his Agent, or Affigns, may cause the Bill to be protested by a Notary Public, or if there be no fuch, by any other perfon in prefence of two or more credible witneffes, for nonacceptance, in the form or to the effect following, written under a fair copy of the Bill: place of abode of the above named Notice to the drawer, and which the faid Payee neglecting to proteft or give notice, liable to cofts and damages. New bills to be given Or for non-payment after acceptance, in the fame form or to the fame effect, II. IF the Bill fhall be loft, or fhall mifcarry, the Drawer shall fign and dewhen the first are loft liver another of the fame tenor, fufficient fecurity being given to indemnify him against all perfons who may claim under the former. Action of debt may be III. AN action of debt may be maintained upon a Note or Writing, by maintained on a note or which the perfon figning the fame, fhall promise or oblige himself to pay a fum writing for money or of money or quantity of tobacco to another. tobacco. IV. ASSIGNMENTS of Bonds, Bills, and Promiffory Notes, and other Affignmen's of bonds, writings obligatory, for payment of money or tobacco, fhall be valid; and fignees may fue in their an Aflignee of any fuch, may thereupon maintain an action of debt, in his bills, &c. valid, and as + Commenced 1st July, 1787. See Aas 1786, ch. 115. Explained and amended in 1795, ch. 14. I 1786, ch. 68. own name, but shall allow all just discounts, not only against himfelf, but own names, allowing againft the Affignor, before notice of the affignment was given to the juft discounts. Defendant. CHAP. XXX. An Act against conveying or taking pretenced Titles.+ [Paffed the 6th of December, 1786.1] E it enacted by the General Assembly, That no perfon fhall convey or take, Punishment of thofe ments, unlels the perfon conveying or bargaining to convey, or thofe under whom he claims, fhall have been in poffeffion of the fame, or of the reverfion or remainder thereof, one whole year next before; and he who offendeth herein knowingly, fhall forfeit the whole value of the lands or tenements; the one moiety to the Commonwealth, and the other to him who will fue as well for himself as for the Commonwealth: But any perfon lawfully poffeffed of lands or tenements, or of the reverfion or remainder thereof, may nevertheless take or bargain to take the pretenced title of any other perfon, fo far, and fo far only, as it may confirm his former eftate. pretenfed titles to lands or te nements. L. BE CHAP. XXXI. An Act against Ufury.§ [Paffed the 8th of December, 1786.||] E it enated by the General Affembly, That no perfon fhall hereafter, up- Rate of legal intereft z on any Contract, take directly or indirectly, for loan of any money, wares, or merchandife, or other commodity, above the value of five pounds, for the forbearance of one hundred pounds for a year, and after that rate for a veyances, &c. for a greater rate, void. greater or leffer fum, or for a longer or fhorter time; and all Bonds, Contracts, Bonds, contracts, conCovenants, Conveyances, or Affurances hereafter to be made, for payment or delivery of any money, or goods, fo to be lent, on which a higher intereft is referved or taken, than is hereby allowed, fhall be utterly void. II. IF any perfon fhall, by any way or means of any corrupt bargain, loan, Penalty on perfons takexchange, fhift, covin, device, or deceit, take, accept or receive, for the loan of, ing a greater rate. or giving day of payment for money, wares, merchandise, or other commodity, above the rate of five pounds for one hundred pounds for one year, every perfon fo offending, fhall forfeit double the value of the money, wares, merchandife, or commodity fo lent, exchanged, or shifted; one moiety to the use of the Commonwealth, and the other to the informer, to be recovered with cofts. III. ANY Borrower of money, or goods, may exhibit a Bill in Chancery How relief may be ob against the Lender, and compel him to discover upon oath, the money or thing tained against ufurious really lent, and all bargains, contracts, or fhifts which fhall have paffed between contracts. them, relative to fuch loan, or the re-payment thereof, and the interest or confideration for the fame; and if thereupon, it fhall appear, that more than lawful interest was reserved, the Lender fhall be obliged to accept his principal money, without any intereft, or other confideration, and pay costs, but shall be difcharged of all other penalties of this A&t. IV. EVERY Broker, Solicitor, or Driver of Bargains, who fhall hereafter Rates of brokerage on directly or indirectly, take or receive more than the rate or value of five fhil- loans. lings, for brokerage, or foliciting the loan or forbearance of one hundred pounds for a year, or above one fhilling for making or renewing the Bond or Bill, for fuch loan or forbearance, or for any Counter-Bond or Bill, concerning the fame, fhall forfeit for every offence, twenty pounds to the Commonwealth and informer, to be recovered and divided, as herein before is mentioned. + Commenced 1ft July, 1787. See Acts of 1786, ch. 115. I 1786, cb. 51. Commenced A July, 1787. See Acts of 1785, ch. 115. Amended 1795, ch. 16. 1786, cb. 55. • Altered by Act of 1796, ch. 16-there 6 per cent, made lawful intereft. General Affembly, begun and held at the Public Buildings, in the City of Richmond, on Monday, the 15th Day of October, in the Year of our Lord, 1787. CHAP. XXXII. An Act to fupply the Defect of Evidence of the Royal Affent to certain As of Preamble. I. What evidence may be received of the royal af fent to certain Acts pafted under the former government. Preamble. County Courts to adwills, bonds and other papers which have been recorded, or filed where the records have been destroyed. mit to record deeds, W [Paffed the 14th of December, 1787.+] WHEREAS divers Acts of the General Affembly of Virginia, as well public as private, were paffed during the former regal Government, with claufes therein for their fufpenfion, until the Royal approbation thereof respectively should be obtained, a notification of which affent when tranímitted hither from Great-Britain, was registered in the Council books of that time; but as most of those books were loft or deftroyed during the late war, períons who may be interested to prove the fact of fuch affent having been obtained, are deprived of that highest fpecies of evidence, whereoy many citizens may be involved in expensive and troublesome contentions, and in the private cafes purchafers may lofe not only their purchase-money, but valuable improvements : For remedy wherein, II. BE it enacted by the General Affembly, That from and after the paffing. of this Act, when in any Court of Law or Equity a question thall arife, whether an Act of Affembly paffed with a claufe fufpending fuch Act until the Royal approbation thereof was obtained, hath received fuch approbation, every fuch queftion fhall be difcuffed upon fuch evidence and circumftances as may be produced by the parties, without requiring either party to fhew the official aflent to fuch Act, or a certificate from the Council books that such affent was registered therein; any law, ufage, or cuftom, to the contrary notwithftanding. CHAP. XXXIII. An Act for the Relief of Perfons who have been, or may be injured by the Deftruction of the Records of County Courts. I. [Paffed the 17th of December, 1787.1] HEREAS the records of feveral County Cours within this Com W and other papers of consequence, have or may W deftroyed by fraud, accident, or otherwife, to the great injury of the Citizens of this Commonwealth: For relief, therefore, of fuch perfons whofe eftates, titles, or interests have been, or may be affected thereby ; II. BE it enacted by the General Affembly, That the Courts of the Counties where any tuch lofes may have accrued, or thall hereafter accrue, when any original deeds, with an indorfement of the acknowledgment or proof thereof, and order for recording the fame, attefted by the Clerk of the Court, or the copies of any deeds with the indoriement fo attefted, or any wills, with the indorfement of the proof and the order for recording the fame to attefted, or of any judgment, decree, or order of Court, in like manner attested, or of any inventory or other document before admitted to recora in fuch Court, and of all bonds, bills, notes, and all other papers neceffarily filed in the office of fuch County, (the original of the fame being loft, or otherwife deftroyed) fhall be produced to them, fhall order the Clerk again to record all fuch original deeds, copies of deeds, or wills, with the faid endorsements respectively; and ali fuch copies of judgments, decrees, and orders of the Court of their County, or of inventories or other documents; and the faid Clerk, when he shall have recorded any thing in pursuance of this Act, fhall indorte on the line that the original had been lost or destroyed, and fhall make an entry to the fame effect on the record with the thing recorded, which thall have the fame ope ration and effect in Law, to all intents and purpoles, as the original record would have had. III. AND be it alfo enacted, That the Clerks of the fever: 1 Counties Clerk's fees for recordfhall do and perform the fervices in this A&t mentioned, for the fame fees that ing them. are allowed by law in other cafes, for a copy of any thing herein beforementioned; and in like manner, fhall take no other or greater fee for recording any deed which hath been already recorded, or fhall be made only by occafion of the misfortune aforesaid, for fettling the right or title of any person or perfons whatsoever, to lands and tenements, flaves, or goods and chattels, than in other cafes is, or fhall be allowed by Law for the copy of any such deed; any law, ufage, or custom, to the contrary notwithstanding. IV. AND be it further enacted, That it fhall and may be lawful for the Governor and Council Governor, with the advice of Council, to iffue one or more commiffions, as to appoint commiffionthe cafe may require, under the feal of the Commonwealth, to nine able and ers to take depofitions difcreet perfons directed, giving them, or any of them full power and autho- refpecting records derity to meet at fome convenient place, by them to be appointed, and to adjourn from time to time as they thall think fit, and to fummon, hear, and examine all witneffes, at the inftance of any perfon, touching the premiles, and Atroyed. to take their depositions in writing, and to return the fame with fuch commif- Depofitions to be laid fion or commiffions, to the Executive; which depofitions fhall be by them laid before the General Afbefore the General Affembly at the next Seffion, to the end that they may be fembly. enabled to grant fuch effectual relief to the fufferers by the lots of the faid records as to them fhall feem juft and reasonable. And the faid commiflioners fhall have power to appoint fome perfon fkilled in clerkship, to attend them for keeping a journal of their proceedings, and drawing the depofitions aforefaid; which perfon fhall be paid for his fervices by each County respectively. I. W CHAP. XXXIV. An Act to authorife the Establishment of Fire Companies. [Paffed the 7th of January, 1788.+] WHEREAS the danger to which the feveral towns within this Com- Preamble. of Fire-Companies duly organized, and it is neceffary that fuch companies be incorporated, in order to give them their full effect: Be it enacted, that it fhall Fire Companies, how be lawful for any number of perfons refident within any Town, Borough, or to be formed. Corporation, within this Commonwealth, exceeding forty perfons, to form themselves into a company or companies for the purpose of extinguifhing fire, who, on having their names and fubfcriptions recorded in the Court of the County or Corporation where they refide, are hereby authorised to make fuch May establish rules for rales and regulations as to a majority of the fait company or companies may their government. feem proper and neceffary for the procuring of Engines, and other neceflary implements for working the faid Engines, and exercifing the companies raifed. And that all fines and forfeitures for non-attendance or delinquency impofed Fines incurred by the by the faid regulations, not exceeding twenty-five fhillings, thall be reco- members, how rerable before a fingle Magistrate on proof of fuch delinquency, which faid verable. fes and forfeitures fhall be applied to the purposes of their inflitutions. II. PROVIDED always, That all Bye-laws or rules to be made by virtue of this Act, which are contrary to the Conftitution or Laws of the Commonwealth, thall be null and void. reco Bye-laws not to contra vene the conftitution cr laws. General Affembly, begun and held at the Public Buildings, in the L CHAP. XXXV. As Act to prevent the Importation of Convicts into this Commonwealth. [Paffed the 13th of November, 1789.1] WHEREAS it has been reprefented to this General Affembly, by the Wed States in Congrels, that a practice has prevailed for lone time 1 1788, ch. -2 1788. Preamble. No felons convict, un der fentence of death, or other legal difability to be brought into the ftate. Punishment of thofe fer them for sale. paft, of importing felons convict into this State, under various pretences, which faid felons convict fo imported have been fold and difperfed among the people of this State, whereby much injury hath been done to the morals, as well as the health, of our fellow-citizens: For remedy whereof, Be it enacted, that from and after the first day of January next, no Captain or Master of any vessel, or any other perfon, coming into this Commonwealth, by land or by water, fhall import, or bring with him, any person who shall have been a felon convict, or under sentence of death, or any other legal difability incurred by a criminal prosecution, or who shall be delivered to him from any prifon or place of confinement, in any place out of the United States. II. AND be it further enacted, That every Captain or Mafter of a vessel, who bring them or of- or any other perfon, who shall prefume to import, or bring into this Commonwealth, by land or by water, or fhall fell or offer for fale, any fuch person as above defcribed, shall fuffer three months imprisonment, without bail or mainprize, and forfeit and pay for every fuch perfon fo brought and imported, or fold or offered for fale, the penalty of fifty pounds current money of Virginia, one half to the Commonwealth, and the other half to the person who fhall give information thereof; which faid penalty fhall be recovered by action of debt, or information in any Court of Record, in which the Defendant fhall be ruled to give special bail. Preamble. Officers under the U nited States incapable of holding offices under the Government of the State. CHAP. XXXVI. An Act to difable certain Officers under the Continental Government from holding [Paffed the 8th of December, 1788.+] I. WHEREAS, the good people of this Commonwealth, in Convention affembled, did, on the twenty-fifth day of June laft, ratify a Conftitution for the Government of the United States of America, the operations of which will foon commence; and whereas it is judged expedient and neceffary that all those who fhall be employed in the adminiftration of the faid Government, ought to be difqualified from holding or adminiftering any office or place whatsoever under the Government of this Commonwealth: II. BE it therefore enacted by the General Affembly, That the members of the Congress of the United States, and all perfons who shall hold any Legislative, Executive, or Judicial Office, or other Lucrative Office whatfoever, under the authority of the United States, fhall be ineligible to, and incapable of holding any Seat in either Houfe of the General Affembly, or any Legislative, Executive, or Judicial Office, or other Lucrative Office whatfoever under the GoDifqualification not to vernment of this Commonwealth. Provided nevertheless, that fuch difquaextend to Militia Offi- lification fhall not extend to militia Officers, or the Magiftrates of County cers or Magistrates. Courts. CHAP. XXXVII. Governor to caufe credentials to be delivered to the Senators. Form of credentials; An Act concerning the Credentials of the Senators, of this Commonwealth in Congress. [Paffed the 22d of December, 1788.1] I. ↑ 1788, ch. 38. * 1788, ch. 55. |