38 Judgment SECT. 17. A judgment on confession, shall be equal confessed, ef- to a release of errors. fect of it. These regu SECT. 18. For removing all doubts concerning the courts, to which this act may apply: Be it further enacted, That all things herein contained, lations to be shall be the rules of decision and proceeding in all courts whatsoever within this Commonwealth. the rules of decision in all courts within this Common wealth. Preamble. the taxes in case of the CHAP. XXIX. An act authorizing deputy sheriffs in case of the death of their high sheriffs to collect and distrain for arrearages of Taxes. (Passed the 7th of December, 1789.) WHEREAS it is represented that many sheriffs have departed this life before the expiration of the time for which they had by law a right to act, and before their deputy sheriffs had made the collection of the public taxes, which became due in the life time of the high sheriffs; and it is doubted whether the deputies in such cases, have power to collect, and distrain for the taxes: Be it therefore enacted by the General Assembly, That Deputy sheriff's to collect it shall and may be lawful for all deputy sheriffs, to collect and make distress for any taxes, which may be due death of their at the time of the death of their high sheriffs, and shall principals. be accountable for the same in like manner, as if the sheriff had lived. Additions of defendants es CHAP. XXX. An act declaring the mode of proceeding in certain criminal cases. (Passed the 9th of December, 1789.) SECT. 1. FOR declaring the course of proceeding in tate, degree, certain criminal cases, Be it enacted by the General As&c. in certain sembly, That in every original writ of actions personal, actions and in dictments; and in indictments, in which the exigent shall be awarded, in the names of the defendants, in such writs original and indictments, additions shall be made of their estate or degree or mystery, and of the counties of which they were or be, or in which they be or were conversant, and if on the process upon the said original writs or indictments in which the said additions be omitted, any outlawries be pronounced, that they be void, frustrate Omission of and holden for none: and before the outlawries be them,effect of. pronounced, the said writs and indictments shall be abated by the exception of the party, wherein the said additions be omitted. SECT. 2. Provided always, That though the said writs Surplusage of of actions personal be not according to the records and additions, not deeds by reason of surplusage of the additions aforesaid, for that cause they shall not be abated. to abate such writs, &c. the common SECT. 3. Whensoever an inquest be about to be taken Jurors how in any court, in which inquest the Commonwealth is a challenged, in party, if he who appears and sues in behalf of the Com- inquests for monwealth, will challenge any of the jurors, he shall wealth; assign a cause certain for his challenge, and the truth of such challenge shall be judged of by the court; and if such challenge be sufficient, the juror shall be rejected, or if insufficient he shall be admitted, and in either case the inquest shall be proceeded in. How many. SECT. 4. No person arraigned for treason, shall be ad- may be mitted to a peremptory challenge, above the number of challenged, twenty-four, nor shall any person arraigned for murder by persons or felony, be admitted to a peremptory challenge above arraigned for the number of twenty. treason or fe lony. SECT. 5. In any inquisition or indictment, the words Words "force "force and arms," or any particular words descriptive and arms" in of any particular kind of force or arms, shall not of ne- indictments, cessity be put or comprized. &c. not neces sary. one, feloni SECT. 6. Where any person shall be feloniously where offenstricken or poisoned in one county, and shall die of the der to be exsame stroke or poisoning in another county, the offender amined, when shall be examined according to law, by the court of the ously stricken County where such stroke was given or poison adminis- or poisoned tered, and he shall be tried in the court of the district in one county in which such county lies. SECT. 7. In like manner an accessary to a murder or felony committed, shall be examined by the court of that county and tried in the court of that district, in which he became accessary, and shall answer upon his arraign dies in another. Where acces saries shall be examined and tried. Approvers, in no cases to be admitted. Actions, &c. within what ment, and receive such judgment, order, execution, pains and penalties, as are used in other cases of murder or felony. SECT. 8. Approvers shall never be admitted in any case whatsoever. SECT 9. All actions, suits, bills, indictments or inon penal laws, formations which shall be had, brought, sued or exhibited upon any penal act of Assembly, not affecting life or limb made or to be made, shall be had, brought, sued or exhibited within one year next after the offence committed against such penal act and not after. time to be commenced. A person arraigned for treason or fe lony, standing mute, or peremptorily challenging more jurors than he legal SECT. 10 Whensoever in treason or felony, any person shall stand mute on his arraignment, or persists after being admonished by the court, in not answering to the indictment, or in peremptorily challenging above the number of jurors, which by law he may be allowed to challenge peremptorily, or shall be outlawed, he shall be considered as convicted; and the same judgment and execution, disabilities and forfeitures shall take place and be awarded, as if he had been convicted by verdict as convicted. or confession of the crime. ly may, or outlawed, to be considered Process in ca- SECT. 11. Process in capital or other penal cases pital or other shall be the same, as hath been hitherto practised acpenal cases. cording to law. None to take the goods, of SECT. 12. No sheriff, under sheriff, nor escheator, nor any arrested any other person, shall take or seize the goods of any on suspicion person arrested or imprisoned for suspicion of treason, of treason, murder or felony before that the same person so arrestmurder or feed and imprisoned be convicted or attainted of such lony, until lawfully for treason, murder or felony according to law, or else the feited, said goods be otherwise lawfully forfeited, upon pain to Penalty there- forfeit double the value of the goods so taken, to him for, how reco- that is so hurt in that behalf, by action of debt to be purEstates, real sued in any court of record. verable. murder or fe scend and and personal, SECT. 13. Whensoever any person shall happen to be of any attaint- attainted, convicted or outlawed of any treason, mispried of treason, sion of treason, murder or felony whatsoever, there shall lony, to de- in no case be a forfeiture to the Commonwealth of dower or of lands, slaves, or personal estate, but the same pass as estates shall descend and pass in like manner as is by law diNo attainder rected in case of persons dying intestate; nor shall any to work a cor- attainder work a corruption of blood, any law or usage ruption of to the contrary in any wise notwithstanding. of intestates. blood. Reservation of SECT. 14. Saving to all and every other person and the rights of persons, bodies politic and corporate their heirs and sucall persons to estates of cessors, and to every of them (other than to such offend- (other than er, as shall be attainted, convicted or outlawed) all such the offenders) right, title, interest, entry, leases, possession, condition, those attaintprofit, commodity and hereditaments, as they or any of ed. them had, or should, or of right ought to have, before or at the time of the said attainder, conviction or outlawry. any arrested SECT. 15. If any private person have any prisoner in Private per his keeping, arrested for suspicion of felony, treason or sons suffering murder, and the person that is so arrested, escape by for felony, &c. negligent keeping, before that he be brought to the jail, to escape, how then the person from whom such prisoner so escaped, punished. shall be liable to a fiue, on being found guilty on an indictment in the court of that district in which such escape was made. peace, SECT. 16. The judges of the court of appeals, bigh Superior Judges of the court of chancery and general court shall be conserva- courts consertors of the peace throughout the Commonwealth; and vators of the the justices of the peace in each county and corporation throug throughout shall be conservators of the peace within their several the commoncounties and corporations respectively, and the said wealth and judges and justices within the limits aforesaid respective- justices withly shall have power to demand of such persons, as are counties, &c. not of good fame, sufficient surety and mainprize of their may require good behaviour. in their surety of good behaviour of those of bad fame. CHAP. XXXI. An act for establishing certain inspections of Tobacco. (Passed the 5th of December, 1789.) tobacco esta SECT. 1. BE it enacted by the General Assembly, That Inspections of inspections of tobacco shall be and the same are hereby blished on established on the lands of Matthew Walton, on the Salt river, south side of Salt river, at the first yellow bank below the mouth of Long Lick creek, in the county of Nelson, to be called and known by the name of Walton's warehouse; on the lands of Richard Parker on the Beech and the Beech fork, at the mouth of Cartwright's creek, in the county fork, in Nelof Nelson, to be called and known by the name of Parker's warehouse; on the lands of William Barksdale, in on Barksdale's the town of Petersburg, to be called and known by the VOL. XIII.-F son county; Bolling's, Strachan's, and Shore's name of Barksdale's warehouse; on the lands of Robert Bolling, jun. adjoining his present dwelling-house in the town of Petersburg, to be called and known by the name of West-hill warehouse; on the lands of Alexander Glass Strachan, on High street, in the town of Petersburg, to be called and known by the name of High-street warehouse; on the lots of Thomas Shore and George Wilson, in the town of Petersburg, to be called and known by the name of West Brook warehouse; on the lands of John Cockey Owen and David Baird, at or near the mouth of Stuart's creek, on the north side of the Beech fork, in the county of Nelson, to be called and known by the name of Stuart's creek at the Shal- warehouse; on the lands of Bennett Henderson, in the Rivanna river, county of Albemarle, at the place called the Shallows, and at Ballen- on the Rivanna river, to be called and known by the ger's creek in name of Henderson's warehouse; on the lands of WilAlbemarle son Cary Nicholas, at the mouth of Ballenger's creek, county; in the county of Albemarle, to be called and known by nongahela ri- the name of Nicholas's warehouse; and at Morgan's ver, in Monon Town, on Monongahela river, in the county of Monongalia county; galia, to be called and known by the name of Morganat whose ex- Town warehouse; the proprietors whereof shall build pence to be the same at their own expence: built. lows on the and on Mo warehouses, Salaries of the inspectors. No deficiency to be paid by the public SECT. 2. There shall be allowed and paid annually to each of the inspectors at Walton's warehouse, the sum of twenty-five pounds; to each of the inspectors at Parker's warehouse, the sum of twenty-five pounds; to each of the inspectors at Barksdale's warehouse, the sum of sixty pounds; to each of the inspectors at West-hill warehouse, the sum of sixty pounds; to each of the inspectors at High-street warehouse, the sum of sixty pounds; to each of the inspectors at West-Brook warehouse, the sum of sixty pounds; to each of the inspectors at Stuart's creek warehouse, the sum of twenty-five pounds; to each of the inspectors at Henderson's warehouse, the sum of thirty pounds; to each of the inspectors at Nicholas's warehouse, the sum of forty pounds; and to each of the inspectors at Morgan Town warehouse, the sum of fifteen pounds for their salary. SECT. 3. Provided always, That if the quantity of tohacco inspected at the said warehouses, shall not be sufficient to pay the usual charges and the inspectors salaciency of to- ries, the deficiency shall not be paid by the public. where a suffi bacco is not taken. |