Proviso, as to the that circuit is now bound to do: Provided, that nothing herein residence of the contained shall be construed to authorise any judge during the pe judges. riod of such exchange, to reside out of the circuit to which be may have been assigned by law.

Commencement.

'Records, &c. of the superior courts for Mason, Cabell, Rich

mond, Goochland and Greensville counties, where to be kept.

Where offices

6. This act shall commence and be in force from and after s passing thereof.

CHAP. LXVI.

An Act concerning the Records and Papers of certain Superin

1. B

Courts of Law.

[Passed January 15, 1811.]

E it enacted by the General Assembly, That until the county courts of Mason, Cabell, Richmond, Goochland and Green ville shall cause offices for the clerks of the said counties tol erected at their respective court-houses according to law, the sail clerks, who are also clerks of the superior courts of law of the said counties, shall be, and are hereby authorised to keep them cords and papers of the last mentioned courts, and in vacation te transact the business thereof, at such places as they now are, of hereafter may be permitted to keep the records and papers d their county courts.

2. And be it further enacted, That in all cases where offices have not been have not been provided for the clerks of superior courts of law, such clerks may keep the records and papers of the said courts at such places as the judges thereof shall think fit, and so enter of record.

built for clerks of superior courts, records, &c. where to be kept. Commencement.

Preamble.

SeeRev. Code

3. This act shall be in force from the passing thereof.

CHAP. LXVII.

An Act, to amend the Act, entitled an Act for regulating Conveyances, and also to amend the Act, entitled an Act, reducing into ont the several acts concerning Wills, the distribution of Intestales Estates, and the duty of Executors and Administrators.

W

(Passed February 12, 1811.)

HEREAS it has been represented to this General Assem bly, that the 8th section of the "Act for regulating cor 1 vol p. 158, and veyances," and the 37th section of the "Act, reducing into ane Ibid p. 165. the several acts concerning wills, the distribution of intestates' estates, and the duty of executors and administrators" is imper feet, and that many of the clerks of the respective courts of recard within this commonwealth have failed to transmit to the clerk of the general court dockets of writings admitted to be recorded in said courts, and lists of certificates for probats and administrati ons, as by the aforesaid sections they are required-For remedy whereof,

Clerks of courts

the clerk of the

1. Be it enacted by the General Assembly, That it shall be the of record to deli- duty of the clerks of the respective courts of record within this ver, annually, to commonwealth, on or before the first day of June annually, to de general court a liver, or cause to be delivered to the clerk of the general court, a docket of all wri. docket of all writings admitted to be recorded in such courts with tings admitted to in the preceding year, (commencing from the first of January)

record.

containing the dates thereof, and of the acknowledgments and probats, the naines, surnames and additions of the parties thereto in alphabetical order, and the quantities and situations of land, nu

bers and names of slaves and descriptions of personal estate conveyed thereby, in the following form:

Quantities and situations of Kind of When ackn'd. Names of the par- land, number and names of conveyance or proved. slaves & description of personal estate conveyed.

Date

ties, &c.

Form of such docket.

And it shall likewise be the duty of the said clerks respectively Also a list of all to deliver, or cause to be delivered, on or before the said first day certificates for of June. annually, to the clerk of the general court, a list of all probats aud adcertificates for probats and administrations granted in their courts ministrations. respectively within the preceding year, commencing from the said first day of January, in this form:

Date of Penalty of N.me of testa- Names of Names of ad- Names of secucertificate bond. tor or intestate Executors ministratorsrities.

Form of such list

For which said docket and list, the said clerks respectively may Receipt may be

demand of the clerk of the general court his receipt.

demanded.

2. And if any clerk shall fail herein, for every such failure he Penalty on clerks shall forfeit and pay to the commonwealth forty dollars, to be re- for failure. covered on motion, without notice, in the general court, and the Mode of recoonus probandi shall lie on the defendant.

very.

3. And the clerk of the general court shall, after the first day Duty of the clerk of June, and before the sitting of the next general court thereaf of the general ter, in each year, deliver to the attorney general a list of the court, clerks (if any) who shall have failed to deliver, or cause to be delivered to him the dockets of writings and lists of certificates for probats and administrations, agreeably to the directions of this act; and it shall be the duty of the attorney general to proceed to and of the attor. a recovery of the penalty aforesaid.

ney general.

4. And be it further enacted, That it shall be the duty of the clerk of the general court, immediately after the passage of this the clerk of the Farther duty of act, to make out and deliver, or cause to be delivered to the clerks general court. of the respective courts of record within this commonwealth, a statement shewing the years for which said clerks have failed to deliver to him the dockets of writings and lists of certificates for probats and administrations, as directed by the 8th section of the act, entitled "An act for regulating conveyances," and the 37th section of the act, entitled " An act, reducing into one the several acts concerning wills, the distribution of intestates' estates, and the duty of executors and administrators;" for which statement he may demand receipts of the said clerks respectively.

5. And it shall be the duty of the said clerks respectively, with- Clerks of courts in five months after receiving the said statement from the clerk of of record to make the general court, to make out and deliver, or cause to be deliver. out and deliver ed to the clerk of the general court, a docket of the writings, and which ought here lists of certificates for probats and administrations, which shall tofore to have appear by the said statement of the elerk of the general court not been furnished,

K

dockets and lists

ceipt. Penalty for fai

to have been delivered to him, as directed by the aforesaid sec ons of the acts aforesaid; for which they may respectively demad May demand re- the receipt of the clerk of the general court. And if any elet shall fail herein, he shall forfeit and pay to the commonweal fifty dollars, to be recovered in the general court, on motio Mode of reco- without notice, by the attorney general, and the onus probani shall lie on the defendant.

lure.

very.

Successor of a 6. And where any clerk shall have departed this life, having clerk to perform failed to deliver, or cause to be delivered to the clerk of the gens duties omitted by ral court, the dockets of writings and lists of certificates, as him;

quired of him by the 8th and 37th sections of the before recited acts, it shall be the duty of the successor of such deceased cleri to perform all the duties which his predecessor would have bea bound to do, by the aforesaid sections, in relation to the said dock for which he may ets of writings and lists of certificates, &c. for which services hu demand fees of may demand and receive of the executor or administrator of the his executor or said deceased clerk, the same fees as are allowed by law to the

administrator.

Rep'ling clause.

Commencement.

clerk of the general court for recording the same.

7. All aets, and parts of acts coming within the purview d this act, shall be, and the same are hereby repealed.

8. This act shall commence and be in force from and after the passing thereof.

CHAP. LXVIII.

See 21 R.C.pa. An Act, to amend the Act, entitled an Act to amend the several 95, and acts of 1805, ch. 63.

Preamble.

this common

Laws concerning Slaves.*
[Passed January 17, 1811.]

WHEREAS many inconveniences have arisen from the opera

tion of an act passed on the 25th of January, one thousand eight hundred and six, entitled, " An act to amend the several laws concerning slaves:" For remedy whereof,

Persons, citizens 1. Be it enacted by the General Assembly, That all persons, ciand residents of tizens of this commonwealth, and residing therein, who now are wealth, authoris or hereafter may be entitled, by marriage, deseent or devise to ed to bring in any slave or slaves in any other of the United States of America, slaves held by or in any of the territories thereof, shall be at liberty to remove marriage, inher such slave or slaves into this state, and to keep the same therein; from any other any thing in the above recited act to the contrary notwithstanding: of the U. States, Provided, that such person or persons, within sixty days after the or from any of removal of any such slave or slaves into this commonwealth, shall the territories thereof.

itance or devise,

produce and offer for record to the court of the county or corpora Under certain re. tion, in which he, she or they may reside, a certificate from the gulations.

court of the county or corporation, from which such slave or slaves shall have been removed; or if there be no such county or corporation court, a certificate from some other court of record, having jurisdiction over the place from which such removal may have been; specifying the manner in which such person or persons shall have acquired title to such slave or slaves, containing a description of their persons and names, and duly authenticated in the manner prescribed by law for the authentication of deeds executel

See Rev'd Code, by persons residing out of this state, and to be recorded in the 1 vol. p. 157, § 5. courts of this commonwealth. The clerk of the court to which to record such such certificate is offered, shall record the same, and for the recording thereof, shall be entitled to the same fee, as is now allow- His fee. ed by law for recording deeds conveying personal property only.

2. This act shall commence from and after the passing there- Commencement of, and be, and continue in force for and during the term of two and duration. years and no longer.

CHAP. LXIX.

An Act authorising the Executive to appoint Commissioners, to unite with Commissioners to be appointed on the part of the United States, in running a Line between the Lands reserved by, and the Lands ceded by this Commonwealth in the State of Ohio.

W

HEREAS

[Passed February 13, 1811.]

it is expedient that a line should be permanent- Preamble.

ly established between the lands reserved by this commonwealth for the benefit of the officers and soldiers of the Virginia line, and lying between the rivers Scioto and Miami, in the state of Ohio, and the other lands ceded by this commonwealth to the United States, by deed bearing date the first day of March, in the year one thousand seven hundred and eighty four;

ed States.

1. Be it enacted by the General Assembly, and it is hereby enact- Three commissied, That the governor of this commonwealth be, and he is hereby oners to be apempowered, by and with the advice of the privy council or council pointed to act with an equal of state, to appoint three commissioners, who, or any two of number on the whom, acting in conjunction with an equal number of commission- part of the Uniters to be appointed on the part of the United States, shall run a To run a line beline for the purpose aforesaid, so as to distinguish clearly, through-tween the lands out the whole course of the said line, the lands reserved as afore- ceded and the said, from the other lands ceded as aforesaid, according to the lands reserved true intent and meaning of the said deed of cession. And the bet- by Virginia, in ter to enable the commissioners aforesaid to discharge the duties A surveyor to be hereby assigned to them, the governor, by and with the advice of appointed to ascouncil, is also authorised to appoint a surveyor to aid them in sist them. running said line, who shall be entitled to the same compensation, tion. and take the same oath as a commissioner.

Ohio.

His compensa

2. Be it farther enacted, That the line which may be run by Line to be estabthe commissioners appointed by virtue of this act, and the com- lished, unless dismissioners acting on the part of the United States. shall be con- approved by the Legislature with. sidered hereafter as the true line between the lands reserved as in a certain pe aforesaid, and the lands ceded as aforesaid; unless the legislature riod. of this commonwealth shall, during its first or second session, after the report of the said commissioners shall have been made to the executive, disapprove the same: Provided however, that Proviso. nothing in this section contained shall be obligatory, unless the act of the Congress of the United States, under which the commissioners of the United States may be appointed, shall contain a provision to the same effect.

3. Be it farther enacted, That the commissioners who may be Commissioners appointed by virtue of this act shall be entitled to sixteen cents compensation. for every mile they may travel from their respective places of abode to the point at which the said line shall commence, and the sum of six dollars per diem, during the time for which they may be actually engaged in running the said line.

4. Each commissioner who may be appointed by virtue of this Oath to be taken. act shall take an oath before the governor and council, or before

:

Commencement.

Forfeited lands

the court of the county in which he resides, to be certified by the clerk of the court to the governor and council, that he will hose ly. impartially and diligently perform the duty prescribed by ta

act.

5. This act shall be in force from the passing thereof.

CHAP. LXX.

An Act concerning Lands forfeited for the non-payment of

1.

B

Taxes due thereon.* [Passed February 14, 1811.]

E to remain the it enacted by the General Assembly, That all lands whi property of the shall become forfeited to commonwealth. an act, entitled, " An act providing for the redemption of certa. this commonwealth, by virtue

22, of the sessi

(Ste Acts of lands forfeited by the non-payment of the taxes thereon," and 1808, ch. 14, pa. virtue of one other act, entitled, " An act to compel persons. ons acts-and acts own lands in this commonwealth to cause the same to be enter of 1809, ch. 16, in the books of the commissioners of the revenue, and for ou pa. 17, of the ses- purposes," shall remain the property of the commonwealth, as No such forfei- be subjeet to such future disposition as may hereafter by law be ture to accrue, if directed: Provided, That no forfeiture of such lands shall acer taxes be paid with in any case where the arrears of taxes, with ten per centum rest, on or before annum interest thereupon, shall be paid into the treasury on the first of Nov. before the first day of November 1811; and that

sions acts)

ten per cent inte.

1811.

no forfeiture d

any lands occasioned by the failure of any tenant for life to pay Forfeiture occa- the taxes due thereon shall operate on any other estate except that sioned by failure of such tenant for life, unless such estate be found to be insuficient of tenant for life, to operate on his to pay the arrears of taxes due thereon : estate only, if it be rights of infants, femes covert, and persons of unsound mind shall And provided, that the sufficient to pay not be affected by this act, until eighteen months after such disabi Proviso, in favor lities shall have ceased..

the taxes

of infants, &c.

2. And be it further enacted, That nothing contained in the net Lands, already last above, recited shall be so construed as to require that any books of the com- lands, already entered, and now remaining on

entered on the

missioners, not to
be re-entered.

Rep'ling clause.

Commencement.

commissioners of the revenue in this commonwealth, shall be re entered thereon.

3. And be it farther enacted, That so much of the above real ed acts as comes within the purview of this act, shall be, and the same is hereby repealed.

4. This act shall commence and be in force from the passing thereof.

СПАР. LXXI.

See R.C. 2d An Act, to amend the Act, entitled an Act, to prevent the destruction of Oysters within this Commonwealth.

volume, page 28,

and acts of 1803,

ch. 51.

Penalties for us

ing improper in- 1.

[Passed January 9, 1911.]

BE it enacted by the General Assembly, That if any person shall use any drag, scoop or rake, or other instrument, ex catching oysters, cept tongs, such as have been generally used for the purpose of catching oysters within the waters of this state, every person offending, and being thereof convicted before a magistrate of ef ther of the counties adjoining the water course in which the of fence has been committed, shall forthwith pay the sura of twenty