6. If any sheriff or other person, having in his hands or being liable for any monies which by existing laws are payable to the treasury, fail or refuse to adjust his account, or to pay over such monies as herein required, the auditor of public accounts shall immediately publish a notice of such default in some newspaper in the city of Wheeling; and if such sheriff or other person shall not within thirty days after such publication, have duly adjusted his account and paid over such monies, he shall forfeit and pay to the commonwealth the sum of five hundred dollars, to be levied by distres; under warrant of the governor, which warrant it shall be the duty of the governor to issue on satisfactory evidence that such default has occurred, directing the same at his discretion to the sheriff of any county, or to a special commissioner or commissioners for the purpose; and the sheriff or other person making default as aforesaid, and his or their securities shall further be liable to judgment in the name of the commonwealth of Virginia, for the amount appearing to be due, with interest thereon from the time of such default till payment, and fifteen per centum upon the principal, as damages, to be recovered by motion on ten days' notice in any court of record in the state.

7. The several commissioners of the revenue and sheriff's, having first taken the oath or affirmation required by the ordinances of this convention, and being otherwise duly qualified, shall proceed with all convenient dispatch, to the discharge of their several duties in relation to the assessment and collection of the public revenue under the existing laws, so far as the same may not be inconsistent with the ordinances of this convention.

8. Ali monies to be paid into the public treasury shall be paid into the Merchants' and Mechanics' Bank of Wheeling, at the city of Wheeling, or one of its branches at Point Pleasant, Clarksburg and Morgantown, or into the North Western Bank of Virginia, at Wheeling, or one of its branches at Parkersburg or Wellsburg; or if east of the Blue Ridge, into the Bank of the Old Dominion, in Alexandria, all monies of the state collected in the counties east of the Blue Ridge of mountains, to the credit of The Treasury of Virginia; and the person so paying the same shall take from the proper officer of such bank or branch a certificate of the fact. The treasurer, on the delivery of such certificate, shall retain and file the same, charging the amount therein specified to the proper bank or branch, and delivering to the person who made the payment at bank, duplicate receipts for the amount so paid, specifying on what account the money was paid. The person making the payment shall forthwith hand over one of the said receipts to the auditor of public accounts, to be retained and filed by him and charged to the treasurer's account; and upon the other receipt, which is to be retained by the person making the payment, the auditor shall endorse as follows: A duplicate hereof has been filed in the auditor's office, and affix his signature and the proper date to such endorsement.

9. No receipt of the treasurer shall be an acquittance or discharge to any person for any sum of money due to the commonwealth, unless such receipt be endorsed by the auditor of public accounts as aforesaid. And any person bound to pay money into the public treasury, who shall pay the same otherwise than according to this ordinance, shall remain liable for such money, and be subject to every fine, penalty or forfeiture to which he would have been subject if he had not paid the same.

10. If the governor, at any time when this convention and the general assembly reorganized under the ordinances thereof, shall not be in session, shall be of opinion that the safety of the public funds requires that no more public monies should be paid into any one or more of the depositories specified in the eighth section, or that the monies which may be in the same to the credit of the treasury should be withdrawn, he may announce the fact by proclamation, to be published in some newspaper in the city of Wheeling, and in the city of Alexandria; and in the proclamation he may, if it be necessary, designate another depository or depositories at which monies due the commonwealth may thereafter be paid. And after such proclamation published it shall not be lawful to pay any sum of money on state account into any depository or depositories to which such payment shall be thereby forbidden; and the auditor of public accounts and the treasurer, if required by the gov ernor, shall cause the monies held by such depository or depositories to be transferred to some other lawful depository or depositories of the public funds. But all such proclamations and orders of the governor shall, as soon as possible, be submitted to this convention or to the general assembly, for their revision.

11. Any person claiming to receive money from the public treasury shall apply to the auditor of public accounts for a warrant for the same. And the auditor, if he find such money to be due by the state, and that the payment thereof has been authorized by any ordinance of this convention, or act of the general assembly as reorganized under the ordinances of this convention, shall issue his warrant therefor upon the treasurer, specifying on what account the money is to be paid, and to what appropriation the same is chargeable. And the treasurer, on the presentation of said warrant to him, shall, if satisfied that said warrant has been authorized as aforesaid, endorse upon said warrant his check, directed to some one of the depositories in which there shall be money to the credit of the treasury, which check shall be payable to the order of the person entitled to receive the amount therein specified. The treasurer shall, however, at no time draw a check on any bank, branch, or other depos itory, unless there be money enough therein, to the credit of the treasury, to pay such check. And no bank, branch or other depository, holding money to the credit of the treasury, shall pay any check drawn by the treasurer unless the same be endorsed upon a warrant, authorizing the same, issued by the auditor of public accounts.

12. This ordinance shall take effect from its passage. It may be altered or repealed by the general assembly.

ARTHUR I. BOREMAN, President.

G. L. Cranmer, Secretary.

An ORDINANCE fixing the compensation of certain officers therein mentioned.

Passed June 21, 1861.

The People of Virginia, by their Delegates assembled in Convention at Wheeling, do ordain that the compensation of the several officers herein mentioned shall be as follows:

Of the governor, at the rate of three thousand dollars per annum;

Of the attorney general, at the rate of one thousand dollars per annum ;

Of the secretary of the commonwealth, at the rate of fifteen hundred dollars

per annum;

Of the auditor of public accounts, at the rate of two thousand dollars per

annum;

Of the treasurer, at the rate of fifteen hundred dollars per annum;

Of the president of the senate, the speaker of the house of delegates, and the president of this convention, eight dollars to each for every day's attendance;

Of the other members of the senate, house of delegates, and of this convention, four dollars to each one for every day's attendance; but no person shall receive compensation for the same day both as a member of this convention and of the legislature;

Of the secretary of this convention, eight dollars for each day's attendance, out of which he is to pay his assistant;

Of the sergeant-at-arms attending this convention, and sergeant-at-arms for the Legislature, four dollars for each day's attendance; and two dollars per day for each door keeper and police officer employed; and one dollar per day for each of the pages.

2. The secretary of the commonwealth, auditor of public accounts and treasurer, shall once at least in every quarter submit to the governor their several accounts for office expenses, including printing, stationery, blank books, fuel and other things necessary for the transaction of their official business, which accounts when approved by the governor, and such approval certified in writing, shall be allowed and paid. All expenses incurred by the governor and council in the transaction of official business shall be submitted to the auditor of public accounts in the same manner as other claims against the state.

3. The members of the senate and house of delegates shall be allowed mileage at the rate of ten cents for every mile of necessary travel to be computed by the nearest and most direct route from their several residences to the city of Wheeling.

4. This ordinance shall take effect from its passage, and may be altered or repealed by the general assembly.

G. L. CRANMER, Secretary.

ARTHUR I. BOREMAN, President.

An ORDINANCE recognizing the constitutional duty of the Commonwealth of Virginia to call forth the militia of the State in obedience to the lawful requisition of the government of the United States, "to execute the laws of the Union, suppress insurrections and repel invasions."

Passed June 25, 1861.

Whereas, by the Proclamation of the President of the United States, three regiments of volunteer militia, consisting of infantry or riflemen, have been called into the service of the United States, to aid in the execution of the laws of the Union, and other and additional regiments may in like manner be hereafter lawfully called into the service of the United States for the like purpose;

Now, therefore, the People of Virginia, by their Delegates assembled in Convention at Wheeling, do ordain as follows:

1. That the governor of this commonwealth grant commissions in the usual and prescribed form, to the officers of the several regiments which may have been heretofore, or may hereafter be mustered into the service of the United States; such officers to take rank in their several grades as of the dates of their several elections; the said regiments to be numbered in the order of their organization, and styled "Virginia Volunteer Militia in the service of the United States." Full returns of said regiments shall, as soon as practicable be made to the adjutant general, who shall make due record thereof, and of all commissions issued under this ordinance. Such regiments shall be organized in the mode prescribed by the act of congress of the United States for such case made and provided, and the officers thereof shall be appointed in the mode provided by the existing laws of this commonwealth. 2. This ordinance shall take effect from and after the day of its passage, and may be repealed or amended by the general assembly.

ARTHUR I. BOREMAN, President.

G. L. CRANMER, Secretary.

An ORDINANCE relating to the Collection of the Revenue.

Passed June 25, 1861.

The People of Virginia, by their Delegates assembled in Convention at Wheeling, do ordain as follows:

1. That on all taxes hereafter collected there shall be allowed to the person from whom they are collected, by the officer collecting the same, ten per centum on the amount thereof if such payment be made on or before the fifteenth day of September next; if made after the fifteenth day of September and prior to the fifteenth day of October next, six per centum on the amount paid; and if made after the said fifteenth day of October and prior to the tenth day of November next, three per centum shall be allowed on the amount paid.

2. It shall be the duty of the auditor of the public accounts to credit the accounts of the several sheriffs with the per centage allowed to be deducted from said taxes under the terms of the preceding section: provided, the said sheriffs shall account for and pay over the said taxes collected, within ten days after each respective period stated in said section.

3. This ordinance shall take effect from and after the day of its passage, and may be repealed or amended by the general assembly.

G. L. CRANMER, Secretary.

ARTHUR I. BOREMAN, President.

An ORDINANCE requiring the evidence of the taking certain oaths to be filed in the office of the Secretary of the Commonwealth.

Passed June 25, 1861.

The People of Virginia, by their Delegates assembled in Convention at Wheeling, do ordain as follows:

1. When a person heretofore elected or appointed, or who shall be hereafter elected or appointed, to any office in this state, shall take the oaths required of him in a court of record, he shall procure a transcript from the record of the court, stating the fact of his having taken such oaths; and when he takes such oaths before a judge, notary or justice, he shall procure a certificate of the person administering the same, stating the fact.

2. When the oath prescribed in the ordinance for the reorganization of the state government shall be taken as aforesaid, the person taking the same shall cause the said transcript or certificate to be delivered to the secretary of the commonwealth, who shall file and preserve the same in his office. And if such transcript or certificate be delivered as aforesaid to the secretary of the commonwealth, it shall not be required of the person taking the oath to deliver the transcript or certificate as prescribed by the sixth section of the thirteenth chapter, or by the nineteenth section of the twenty-fourth chapter of the second edition of the code of Virginia.

3. This ordinance shall take effect from its passage, and may be altered or repealed by the general assembly.

G. L. CRANMER, Secretary.

ARTHUR I. BOREMAN, President.

An ORDINANCE providing that the copies of the Ordinances printed under the authority of this Convention, shall be received as evidence.

Passed June 25, 1861.

Be it ordained by the People of Virginia, in Convention assembled at Wheeling :

1. That the secretary of the convention cause one thousand copies of the ordinances of this convention to be printed in a uniform style with the journal, and that the printed copies of said ordinances, thus published under the authority of this convention, shall be received as evidence in the courts of this state, for any purpose for which the original ordinance could be received, and with as much effect. That the governor direct the distribution of said ordinances, thus published, in such manner as shall best subserve the public interests.

2. This ordinance shall take effect from and after its passage.

G. L. CRANMER, Secretary.

ARTHUR I. BOREMAN, President.