CHAP. XXIV.

An act to provide against the appropriation of money, by resolution of the two Houses of Assembly.

(Passed the 3d of December, 1789.)

WHEREAS, in the passing of those legislative acts, Preamble. which are known under the name of laws as distinguished from other acts, which are commonly called Resolutions, certain forms and solemnities have been established for the purpose of obtaining that deliberation which the matter of laws generally require; and it hath been the practice of the General Assembly, to grant large sums of money by resolutions, which are confirmed on a single reading.

resolution of

Be it enacted by the General Assembly, That no sum of No money to money shall be voted for any use whatsoever by a reso- be voted by lution only, except where, by some previous law, a sum the Assembly, of money shall have been appropriated, and by such re- unless there solution, the whole, or a part thereof, may be particular- hath been an ly applied, in pursuance of the said law. appropriation by law.

CHAP. XXV.

An act to revive in part an act intitled, “An act to increase the reward for killing wolves in certain counties."

(Passed the 4th of December, 1789.)

ties.

BE it enacted by the General Assembly, That the act Act increasing intituled "An act to increase the reward for killing wolves the reward for in certain counties," which expired in the year one thou- killing wolves, sand seven hundred and eighty-five, shall be, and the same is hereby revived so far as the same respects the revived as to counties of Hampshire, Albemarle, Amherst, Fluvanna, certain coun. Orange, Culpepper, Berkeley, Loudoun, Fairfax, Prince William, Buckingham, Pendleton, Frederick, Shenandoah, Fauquier, Hardy, and Charlotte; and shall continue and be in force from and after the passing of this act, for and during the term of three years, and from thence to the end of the next session of Assembly. VOL. XIII.-E

Suborners of witnesses,

CHAP. XXVI.

An act against such as shall procure or commit wilful Perjury, and against Embracery.

(Passed the 1st of December, 1789.)

SECT. 1. BE it enacted by the General Assembly, That all and every person and persons who shall unlawfully how punished; and corruptly procure any witness or witnesses by letters, rewards, promises, or by any other sinister and unJawful labour or means whatsoever, to commit any wilful and corrupt perjury in any matter or cause whatsoever now depending, or which hereafter shall depend in suit and variance by any writ, action, bill, complaint or information in any wise touching or concerning any lands, tenements, or hereditaments, or any goods, chattels, debts or damages, in any of the courts of this Commonwealth, or shall likewise unlawfully and corruptly, procure or suborn any witness or witnesses which shall be sworn to testify in perpetuam rei memoriam, or any criminal prosecution, or in any examination or controversy before a justice or justices of the peace, or before any commissioners appointed to take depositions, that then every such offender or offenders shall for his, her or their said offence, being thereof lawfully convicted, be adjudged to pay a fine not exceeding two hundred pounds, and to suffer imprisonment for the space of one year without bail or mainprize.

P'ersons guilty SECT. 2. And be it further enacted, That if any perof perjury, son or persons, either by the subornation, unlawful prohow punished; curement, sinister persuasion, or means of any other, or by their own act, consent or agreement, wilfully and corruptly commit any manner of wilful perjury by his or their deposition, in any of the courts of this Commonwealth, or before any justice or justices of the peace, or before any commissioners appointed to take depositions, or being examined in perpetuam rei memoriam, that then every person and persons so offending, and being thereof duly convicted, shall for his or their said offence, be adjudged to pay a fine not exceeding one hundred pounds, and to suffer imprisonment by the space of six months their oaths not without bail or mainprize, and the oath of such person in any court. or persons so offending in any of the cases of perjury or

to be received

sub ornation of perjury in this act mentioned, from thenceforth shall not be received in any court within this Commonwealth, until such time as the judgment given against such person or persons shall be reversed.

SECT. 3. If any juror upon any inquest whatsoever, Penalty on a shall take any thing by himself, or another to give his juror taking verdict, and shall be thereof convicted, such juror shall any thing for giving his ver. not thereafter be put on any jury, and shall pay ten dict. times as much, as he shall have taken; whereof one half shall go to him, who will sue for the same, and the other half to the Commonwealth.

SECT. 4. Every embracer who shall procure any ju- Embracers, ror to take gain or profit, shall be punished by fine not how punished. exceeding two hundred pounds, and imprisonment not exceeding one year.

CHAP. XXVII.

An act to fix the time of holding elections for
Representatives to Congress.

(Passed the 1st of December, 1789.)

WHEREAS the act intitled, "An act for the election of representatives, pursuant to the constitution of government of the United States," is confined to the election of representatives holden on the second day of February, which was in the year of our Lord one thousand seven hundred and eighty-nine.

gress when to

Be it enacted by the General Assembly, That the above Elections of recited act shall be extended to future elections, with the representa tives in Conalterations and amendments following, that is to say: First, the election of representatives shall be holden on be holden; the first Monday in September, in the year one thousand seven hundred and ninety, and one thousand seven hundred and ninety-two, and in every second year thereafter; and the two years for which any future represen- Periods from tative may serve, shall bear date from the second day of which future February, in the year one thousand seven hundred and representaninety-one, one thousand seven hundred and ninetythree, and in every second year thereafter: Secondly, When the executive authority of this state, shall in pursuance of the constitution of the United States issue a

tives are to

serve;

Elections to writ of election to fill any vacancy happening in the re-
supply vacan- presentation thereof, the place and manner of holding
cies, when
and how to be such election, and all the rules and regulations relating
thereto shall be the same, as are prescribed by the above
recited act.

holden.

For what defects in pro

CHAP. XXVIII.

An act concerning jeofails and certain proceedings in civil cases.

(Passed the 4th of December, 1789.)

SECT. 1. BE it enacted by the General Assembly, That no judgment after a verdict of twelve men, shall be staycess or pleaded or reversed, for any defect or fault in any writ origiing judgments shall not be nal or judicial, or for a variance in the writ from the dereversed. claration or other proceedings; or for any mispleading, insufficient pleading, discontinuance, misjoining of the issue, or lack of a warrant of attorney; or for the appearance of either party being under the age of twentyone years, by attorney, if the verdict be for him and not to his prejudice; or for not alleging any deed, letters testamentary, or commission of administration, to be brought into court: or for omission of the words " with force and arms," or "against the peace," or for mistake of the christian name, or surname of either party, sum of money, quantity of merchandise, day, month or year in the declaration, or pleading, (the name, sum, quantity or time being right in any part of the record or proceeding;) or for omission of the averment, "this he is ready to verify," or "this he is ready to verify by the record," or for not alledging as appeareth by the record, or for omitting the averment of any matter, without proving which, the jury ought not to have given such a verdict; or for not alledging that the suit or action is within the jurisdiction of the court; or for any informality in entering up the judgment by the clerk; neither shall any judgment entered upon confession, or by nil dicit, or, non sum informatus, be reversed, nor a judgment after enquiry of damages, be stayed or reversed, for any omission or fault, which would not have been a good cause to stay or reverse the judgment if there had been a verdict.

SECT. 2. Where a demurrer shall be joined in any ac- What defects to be regardtion, the court shall not regard any other defect or impered in case of fection in the writ, return, declaration or pleading, than demurrers. what shall be specially alledged in the demurrer as causes thereof, unless something so essential to the action or defence, as that judgment, according to law, and the very right of the cause, cannot be given, shall be omitted.

SECT. 3. Private acts of Assembly may be given in evidence without pleading them specially.

SECT. 4. Juries de medietate linguæ may be directed by the court to be summoned.

Private acts of

Assembly may be given in evidence. Juries de medietate linguæ.

Jurors, how to give evidence; how punished for a contempt

SECT. 5. Jurors knowing any thing relative to the point in issue, shall disclose the same in open court. SECT. 6. Any juror guilty of a contempt to the court, shall be fined by the court any sum not exceeding ten of the court. pounds.

Juries may take with

tho' not under

SECT. 7. Papers read in evidence though not under them papers seal, may be carried from the bar by the jury. SECT. 8. No sheriff shall converse with a juror but seal;

by order of the court.

When sheriff may converse

SECT. 9. Interpreters may be sworn, truly to interpret, with them. when necessary.

Interpreters

Nonsuits,

SECT. 10. Every person desirous of suffering a non- may be sworn. suit on trial, shall be barred therefrom, unless he do so when to be before the jury retire from the bar.

suffered.

SECT. 11. Not more than two new trials shall be New trials,

granted to the same party in the same cause.

SECT. 12. After issue joined in an ejectment on

how many allowed.

the Exceptions to

ejectment, when to be made.

title only, no exception of form or substance shall be ta- declarations in ken to the declaration in any court whatsoever. SECT. 13. Any instrument to which the person making the same, shall affix a scroll by way of seal, shall be adjudged and holden to be of the same force and obligation, as if it were actually sealed.

Scrolls by way of seals, valid.

Verdicts in detinue, what omissions, in en- them may be

remedied and how,

SECT. 14. If in detinue the verdict should omit price or value, the court may at any time award a writ of quiry to ascertain the same. SECT. 15. If on an issue concerning several things in Omission in one count in detinue, no verdict be found for part of them, of any them, it shall not be error, but the plaintiff shall be bar- articles in the red of his title to the things omitted.

count, not to vitiate them.

SECT. 16. Where there are several counts, one of where one, which is faulty, and intire damages are given, the ver- of several dict shall be good; but the defendant may apply to the counts, is faulcourt, to instruct the jury to disregard such faulty count. shall be good.

ty, the verdict