Proofs of the

case might require, under the seal of the Commonwealth, to nine able and discreet persons directed, giving them or any three or more of them full power and authority to meet at some convenient place by them to be appointed, and to adjourn from time to time as they shall think fit, and to summon, hear and examine all witnesses at the instance of any person whatsoever touching the premises, and to take their depositions in writing, and to return the same with such commission or commissions to the executive, which depositions were by them to be laid before the General Assembly at the next session; to the end, that such effectual relief might be given to the sufferers by the loss of the said records as should seem just and reasonable.

And whereas a commission hath issued under the seal of the Commonwealth to Samuel Duval and eight others of the county of Henrico directed, pursuant to the said act, who have made a return of their proceedings in the premises, whereby it doth appear that they have examined divers witnesses to sundry deeds, wills and other matters, and that the several deeds, wilis and other matters have been well and sufficiently proved:

Be it enacted by the General Assembly, That from and lost records of after the passing of this act, the proofs of the several posHenrico coun- sessions, purchases, deeds, wills and other matters in the ty to be given in evidence. return aforesaid of the said commissioners mentioned, shall and may be given in evidence in any court of law or equity, and shall avail for the benefit and advantage of all persons claiming under them, as much as the same can or aught to avail:

Copies of the wills and deeds,

SECT. 2. And it shall and may be lawful for the clerk of the said county of Henrico to record the several copies of wills and deeds in the said return mentioned, which have been proved to be true copies, though not attested by any sworn clerk.

and the comSECT. 3. And it shall be the duty of the court of the missioners re- said county of Henrico, to cause the return aforesaid, to turn, to be re- be entered by the clerk thereof, in some book of office to corded by the him belonging; for which service, the said court shall determine what is a reasonable compensation to the said clerk, to be demanded as other fees are from the persons him therefor. interested, the said court having regard to the fee bill.

clerk of Hen

rico,

allowance to

CHAP. XXI.

An act reducing the Taxes of the present year.

(Passed the 27th of November, 1789.)

1st November

1789,

and the new

SECT. 1. BE it enacted by the General Assembly, That Revenue taxes all taxes which became due under any law of revenue, becoming due whether on lands, slaves or other property, on the first day of November, in the year one thousand seven hundred and eighty-nine, and all taxes which have arisen taxes, arising or shali arise since that day before the passing of this between that act, or shall arise after the passing of this act until the day and 1st of first day of November, in the year one thousand seven hundred and ninety, under the act intituled "An act im- one fourth. 1790, reduced posing new taxes," shall be reduced one fourth below the amount of all such taxes, as fixed by the act of the last session of Assembly, intitled "An act for preventing impositions in the collection of taxes," that is to say, one half below the amount of all such taxes, as fixed by the aforesaid laws of revenue, and the said act "imposing

new taxes."

where the full amount has

SECT. 2. All sheriffs, collectors, clerks, and public Surplus to be officers are required in the collection and receipt of the restored abovementioned taxes, to govern themselves according to the reduction aforesaid, and where more than the re- been received. duced amount aforesaid shall have been received, to restore the surplus thereof to the person or persons intitled thereto.

SECT. 3. Nothing herein before contained, shall be certain taxes construed to extend to the taxes imposed by an act passed excepted. at the October session, in the year one thousand seven hundred and eighty-four, intitled "An act to explain and amend the act to levy certain taxes in aid of the public revenue;" to the fees of the register's office, or to any tax on tobacco or billiard tables.

SECT. 4. Any warrants heretofore issued, or which What warshall hereafter issue for the salaries of the officers of civil rants receivable in disgovernment, for interest on the certificates granted to the charge of the officers and soldiers, land and naval, on continental and taxes so restate establishments for their arrears of pay and depre- reduced, ciation, for pensions heretofore granted and remaining unpaid, for the contingent expences of government, for the interest of the state loan office debt, and of the paper money of this commonwealth funded, for the expences of criminal prosecutions, except for guards in the respective

counties and corporations, to apprehenders of horsestealers, for slaves executed, for the shares in the Potowmack and James River companies, for the post at the point of fork and the lunatic hospital, shall be receivable as specie in discharge of any of the taxes so reduced as aforesaid, which became due on the first day of November one thousand seven hundred and eighty-nine, or which shall become due before the first day of November in the year one thousand seven hundred and ninety. And the several sheriffs and collectors upon the payment of such warrants into the treasury, shall have credit for the same accordingly. Provided nevertheless, that specie those, collect- only shall be receivable from the clerks of the several courts, for discharge of the several taxes to be collected by them.

Except of

ed by the

clerks of

courts.

When the taxes to be

distrained for,

and when and

SECT. 5. No distress shall be made for any tax which became due on the first day of November, in the year one thousand seven hundred and eighty-nine, until the first day of May, in the year one thousand seven hundred and ninety.

SECT. 6. All the taxes so received as aforesaid, shall how to be ac- be accounted for and paid in the same manner, and under counted for, the same penalties, as the laws, under which they respecand paid. tively arise, prescribe, except that the revenue taxes may be accounted for and paid into the public treasury at any time before the first day of October, in the year one thousand seven hundred and ninety.

SECT. 7. So much of all and every act as comes within the purview of this act, is hereby repealed.

Benefit of

allowed to

CHAP. XXII.

An act concerning the Benefit of Clergy.

(Passed the 27th of November, 1789.)

SECT. 1. BE it enacted and declared by the General clergy, in what Assembly, That the benefit of clergy shall not be allowoffences, not ed to principals in the first degree, First, in murder; seprincipals in condly, or in burglary; thirdly, or in arson at common the first de- law; fourthly, or for the wilful burning of any courthouse, or county or public prison, or of the office of the clerk of any court within this Commonwealth; fifthly, or for the felonious taking of any goods or chattels out

gree,

of any church, chapel or meeting-house belonging thereto; sixthly, or for the robbing of any person or persons in their dwelling houses or dwelling place, the owner or dweller in the same house or dwelling place, his wife, his children, or servants, then being within and put in fear and dread by the same; seventhly, or for the robbing of any person or persons in or near about any highway; eighthly, or for the felonious stealing of any horse, gelding or mare; ninthly, or for the felonious breaking of any dwelling house by day, and taking away of any goods or chattels, being in any dwelling house, the owner or any person being therein and put in fear.

SECT. 2. The benefit of clergy shall not be allowed to or in the seprincipals in the second degree, in any of the cases cond degree; abovementioned.

ed to accessa

SECT. 3. It shall not be allowed to accessories before In what offenthe fact, first, in murder; secondly, or burglary; thirdly, ces, not allowor arson at common law; fourthly, or for the wilful burn-ries before the ing of any court house or county or public prison, or of fact; the office of the clerk of any court within this Commonwealth: fifthly, or for the robbing of any person or persons in their dwelling houses or dwelling places, the owner or dweller in the same dwelling house or dwelling place, his wife, his children or servants then being within and put in fear and dread by the same; sixthly, or for the robbing of any person or persons in or near about any highway.

SECT. 4. It shall be allowed to principals and acces. When allowsaries in all offences which would otherwise be without ed, unless exclergy, whether the same be newly created by any act of pressly taken away by act of the General Assembly, or exist under the common law, assembly; unless it be taken away by the express words of some

act of assembly.

SECT. 5. It shall not be allowed to any person more How often ; than once, except in the following case, that is to say: Whensoever any person shall have been admitted to the benefit of clergy, such admission shall not operate as a pardon or discharge for other offences of a clergyable nature, committed by him before that admission to the benefit of clergy, but he shall be again allowed the benefit of clergy for every other offence of a clergyable nature committed by him before that admission to the benefit of clergy, and shall be burned in the hand for every such offence.

SECT. 6. But if any person who shall have been once

Females inti

admitted to the benefit of clergy, shall before that admission have committed any offence, in which the benefit of clergy is not allowed by law, or shall after that admission, commit any offence in which the benefit of clergy is even allowed by law, he shall suffer death without the benefit of clergy.

SECT. 7. A female shall in all cases receive the same tled to it, in judgment and stand in the same condition with respect like manner as to the benefit of clergy, as a male.

males,

And slaves as

Not taken

SECT. 8. A slave shall in all cases receive the same free negroes judgment and stand in the same condition with respect or mulattoes. to the benefit of clergy, as a free negro or mulatto SECT. 9. Nothing in this act contained shall be construed to take away the benefit of clergy, from any offence, in which it is now allowed by any act of the General Assembly, or to allow it in any offence, from which it is now expressly taken away by any act of the General Assembly.

away by this act, when expressly allow

ed by any other, or alJowed, when expressly taken away.

Witnesses

CHAP. XXIII.

An act giving damages against witnesses who fail to appear according to summons.

(Passed the 28th of November, 1789.)

BE it enacted by the General Assembly, That if any failing to ap- person upon whom process out of any court within this pear, subject, Commonwealth, shall be served to testify or depose conto damages, at the suit of the cerning any cause or matter depending therein, shall not party injured. appear according to the tenor of the said process, not

having a lawful and reasonable excuse, let or impediment to the contrary, such person so making default, shall yield such recompence to the party grieved, as in an action on the case founded upon this act, shall be awarded and adjudged according to the loss and hindrance which the party who procured such process shall sustain, by reason of the non-appearance of said witness.