fuch tobacco was intended to be put, may be fo full as not to be able to flow all Tobacco may be rethe tobacco contained in fuch lift, in fuch case it fhall be lawful to fhip the landed or put on board faid tobacco, or any part thereof, on board any other fhip or fhips where the other hips. owner thereof shall think fit; the mafters of fuch fhips endorfing on the faid fifts the marks and numbers of the refpective hogfheads by them taken on board, and giving notice to the infpectors of the warehoufe from which the fame was brought; or if there be no fhip to receive the faid tobacco, then it shall be lawful for the master of the first mentioned ship or veffel, to put the faid tobacco into any warehouse in the diftrict where fuch ship or veffel shall ride, giving immediate notice thereof to the infpectors who ftamped the fame. And the infpectors of that warehouse where fuch tobacco shall be delivered, shall receive from the perfons re-landing fuch tobacco, twenty-five cents for every hogshead fo re-landed, and shall give a receipt for the fame, which money fo received by the infpectors, shall be paid by them to the perfon or perfons entitled to receive the rent of the faid warehouse. XLIX. EVERY mafter of a ship or veffel wherein tobacco shall be laden, shall at the time of clearing, deliver to the collector or other officer of the cultoms, a fair manifeft of all the tobacco on board his ship or veffel, expreffing the marks and numbers of every hogshead or cafk, and the tare and nett weight ftamped thereon, the perfon by whom shipped, and from what warehouse, and shall make oath thereto, and that the fame is a juft and true account of the marks, numbers, tare and nett weight of each refpective hogshead or cafk, as the fame was taken down by the perfon or perfons appointed by him to take the fame before the faid tobacco was flowed away; and no ship or veffel shall be cleared by the collector, or other officer of the cuftoms, before he shall have received fuch lift and manifeft, which shall, by the faid collector, or other offi cer of the customs, be returned, upon oath, on or before the twenty fifth day of October, annually, to the treasurer of this commonwealth for the time being; and every collector failing herein, shall forfeit and pay the fam of three hundred dollars for every fuch failure. Malters of veffels to give in upon oath manilefts of their tobacco when clearing out. L. ALL the penalties and forfeitures in this act contained, and not herein Penalties how to be before particularly appropriated, shall be, one moiety to the commonwealth, recovered. to be applied towards defraying the charges of the execution of this act, and the other half to the perfon who shall inform and fue for the fame; and shall be recovered with coits, by action of debt, or information, in any court of record within this commonwealth, where the penalty exceeds five dollars, or two hundred pounds of tobacco, and where the fame does not exceed thofe fums, before any juftice of the peace of the county where the offence shall be com mitted. LI. IN cafe any warehoufes heretofore or hereafter eftablished shall not When warehouses shall for the space of three fucceeding years receive a fufficient quantity of tobacco be difcontinned. to pay the infpectors' falaries and rents of the warehoufes, the infpection of tobacco at fuch warehouses refpectively, shall be thenceforth difcontinued; unleís the fame shall be fupported at private expenfe. Provided, that this claufe shall not extend to the difcontinuance at one time of two or more warehoufes, which may be in the fame county, or county next adjacent; but in fuch cafes that warehoufe shall be difcontinued to which the fmalleft quantity of tobacco may be brought. LII. THE public printer fhall furnish one copy of this act to the inspectors of each of the warehoufes herein mentioned. LIII. THE acting infpectors of tobacco at the feveral warehoufes fhall be, and they are hereby exempted from militia duty, except in cafe of actual invasion or infurrection. LIV. ALL acts, or parts of afts, coming within the purview of this act, shall be, and are hereby repealed: Provided always, that nothing in this act shall be conftrued to affect any rights, remedies, nnes, forfeitures, penalties or amercements, which have accrued, been veiled, or incurred prior to the commencement of this a. Public printer to fur nifh infpectors with Former acts repealed. LV. THIS act shall commence and be in force, from and after the paffing Commencement of this thereof. aq. Preamble. What shall be deemed treafon. Proof. Punishment. Other cafes which fhall be deemed treason. Attempt to establish a feparate government within the limits of this ftate to be deemed a high crime and mif. demeanor ; Punishmenti Citizens of this com monwealth committing certain crimes in fo reign nations and fleeing to this ftate may be apprehended and furrendered to fuch sation. Citizens of this commonwealth committing certain crimes in any country in amity with the United States may be tried and punished as if the crime had been committed within this commonwealth. CHAP. CXXXVI. An At declaring what shall be Treafon; for punishing certain offences injurious to the Tranquility of the Commonwealth; and concerning Felonies and Offens ces committed out of the Jurifdiction of the fame. I. [Paffed the 26th of December, 1792.] HEREAS divers opinions may be what cafe fhall be adjudged trea a man do levy war against this commonwealth in the fame, or be adherent to the enemies of the commonwealth within the fame, giving to them aid and comfort in the commonwealth or elsewhere, and thereof be legally convicted of open deed by the evidence of two fufficient and lawful witneffes, or their own voluntary confeffion, the cafes above rehearfed, fhall be judged treafon, which extendeth to the commonwealth; and the perfon fo convicted, shall suffer death without benefit of clergy. a II. ALSO every perfon or perfons who fhall erect or establish, or caufe or procure to be erected or established, any government feparate from, or independent of the government of Virginia, within the limits thereof, unless by act of the legislature of this commonwealth for that purpose first obtained; or who fhall in any fuch ufurped government hold or execute any office, legislative, executive, judiciary, or minifteriat, by whatever name fuch office may be distin guished or called; or who fhall fwear or otherwife folemnly profefs allegiance or fidelity to the fame; or who fhall under pretext of authority derived from, or protection afforded by fuch ufurped government, refift or oppofe the due execution of the laws of this commonwealth, fhall be adjudged guilty of high treason, and shall be proceeded against and punished in the fame manner as other traitors may be proceeded againit and punished by the laws now in force. b III. EVERY perfon who fhall attempt to eftablish fuch government by any other means than with the affent of the legiflature of this commonwealth, and in purfuance of fuch attempts, fhall join with any other perfon or perfons, in any overt act for promoting fuch attempts, or who fhall by writing or advised fpeaking, endeavour to inftigate the people of this commonwealth to erect or eftablifh fuch government without fuch affent as aforefaid, fhall be adjudged guilty of a high crime and mifdemeanor, and on conviction, shall be fubject to fuch pains and penalties, not extending to life or member, as the court before. whom the conviction fhall be, fhall adjudge. b IV. IF any citizen or inhabitant of this commonwealth, fhall go beyond the limits of the United States, within the acknowledged jurifdiction of any civi lized nation, in amity with the United States, and fhall within the fame commit any crime, for which, in the judgment of the United States in Congress affembled, the law of nations or any treaty between the United States and a foreign nation, require him to be furrendered to the offended nation, and shall thereafter flee within the limits of this commonwealth, and the fovereign of the offended nation shall exhibit to the United States in Congrefs affembled, due and fatisfactory evidence of the crime, with a demand of the offender to be tried and punished where the fame was committed, and the United States in Congrefs affembled, fhall thereupon notify fuch demand to the executive of this ftate, and call for the furrender of fuch offender, the governor with the advice of the council of flate, is hereby authorised to cause him to be apprehended, conveyed and delivered to fuch perion or perfons, as the United States in Congrefs affembled, fhall prescribe.c V. IF any citizen of this commonwealth fhall go out of the fame into the territory of any chriftian nation or Indian tribe, in amity with the United States, and fhall there commit murder, houfe burning, robbery, theft, trefpaís, or other crime, which if committed within this commonwealth, would be punishable by the laws thereof, it fhall and may be lawful for any juftice of the peace on proof of fuch offence by the oath of one or more credible witness or witneffes, to iffue his warrant, directed to all fheriffs, under fheriffs and conftables within this commonwealth, commanding them and each of them within their respective counties and precincts, to apprehend fuch offender or offenders, and him, her, or them to bring before fuch justice, or any other juftice of the peace in the fame county, or in the county where the offender may be appre ↑ Amended ch. 168. (a) OA. '76, ch. 3, fec. 1. (6) 1785, ch. 10, fec. 2, 3. (c) Oa. '84, ch. 63, fec. 2. hended; and fuch offender or offenders shall be subject to the fame punishment, and fhall be dealt with in the fame manner as if the offence with which he, she, or they ftand charged, had been committed within the body of fome county of this commonwealth; and fuch offenders may be tried by a jury of by-ftanders, qualified by law to ferve on juries in capital cafes: Provided alfo, That it fhall Provifo as to the time and may be lawful for the magiftrate committing fuch offender (if the circum- of holding the examinftances of the cafe fhall render it abfolutely neceffary) to appoint the time for ing court. holding a court for the examination of fuch offenders at a more diftant period than the law allows with regard to other criminals, provided the fame be held within thirty days after the commitment of the prifoner. a Where the proof is not fufficient to convict the offender, he may be bound to his good be. haviour. Certain offences com mitted by citizens a gainst the commonwealth or its citizens out of the jurifdiction thereof may be enquir ed into and tried in general court, VI. WHERE fufficient proof fhall not appear to the court before whom fuch offender fhall be examined, to convict him or her of the charge, it fhall and may be lawful for fuch court (if the circumitances of the cafe fhall, in the opinion of the court require it) to bind fuch offender to his or her good behaviour, in fuch fum and for fuch time as the faid court shall judge reasonable. a VII. ALL high treafons, mifprifions, and concealments of high treasons and other offences against this commonwealth, (except piracies and felonies on the high feas) committed by any citizen of this commonwealth, in any place out of the jurifdiction of the courts of common law in this commonwealth, and all felonies committed by citizen against citizen in any fuch place other than the high feas, shall be enquired into, heard, determined, and judged in the general court, in the fame manner as offences committed within the body of a county are triable in a district court; and fuch as fhall be convict of any fuch offence, fhall fuffer fuch pains, penalties, judgment, and execution, as if they had been attainted and convicted of fuch offence done within the body of a county. b VIII. ALL and every statute and ftatutes, act and acts, claufe or claufes Repealing clause. thereof, within the purview of this act, (except as hereinafter provided) shall be, and are hereby repealed: Provided always, that nothing in this act contained shall be construed to repeal the faid ftatutes or acts, for fo much thereof as relates to any offence within the purview thereof, committed or done before the commencement of this act. Provifo. IX. THIS act shall commence and be in force, from and after the paffing Commencement of this thereof. act. CHAP. CXXXVII. An A for preventing Trafpaffes; declaring what shall be deemed a lawful Inclofure; for preventing Infection of Horned Cattle, and Laffes from Drivers thereof paffing through the Commonwealth. [Paffed the 26th of December, 1792.] E it enacted by the General Affembly, That if any horfes, mares, cattle, Bhogs, fheep, or goats, what diall be a lawful fence. with a strong and found fence, five feet high, and fo clofe that the beafts breaking into the fame, could not creep through, or with an hedge two feet high, upon a ditch three feet deep, and three feet broad, or inftead of fuch hedge, a rail fence of two feet and an half high, the hedge or fence being fo close that none of the creatures aforefaid can creep through, which fhall be accounted a lawful fence, the owner of fuch horfes, mares, cattle, hogs, fheep, or goats, or any one Penalty on the owners of them, fhall for the firft trefpafs fo committed, make reparation to the party of beafts breaking such' injured, for the true value of the damage he shall fuftain, and for every treipafs afterwards, double damages; to be recovered with cofts, in any court of record: Provided, That for a third offence, for any one of the beafts aforefaid Where the party inbreaking into fuch inclofures, it shall be at the election of the party injured, jured, may fue for dato fue for his damages, or to kill and destroy the beats fo trefpalling, without mages or deftroy the being anfwerable for the fame. c inciofures. beafts. How the fence shall be 1. AND that the condition of the fence at the time the trefpafs committed may be proved to a Jury upon trial, Be it enacted, That upon complaint made viewed. by the party injured, before any juflice of the peace of that county wherein fuch trefpafs shall be, fuch juftice is hereby empowered and required to iffue his order without delay, to three honeft houfe-keepers of the neighbourhood, no ways telated to the party injured, nor interested concerning the trefpaís, reciting the » (a) 02. 1784, cb. 63, fec. 3, 4 (b) 1786, ch. 46. (c) 1748, ch. 15, fec. li Penalty for hurting beafts in grounds not fufficiently fenced. Reward for taking up beafts known to have barked fruit trees. or other veffels. complaint, and requiring them to view the fence where the trefpafs is complained of, and to take memorandums of the fame, and their testimony in fuch cafe, shall be good evidence to the jury touching the lawfulness of the fence. a III. IF any perfon damnified for want of fuch fufficient fence, shall hurt, wound, lame, kill, or deftroy, or caufe to be hurt, wounded, lamed, killed, or deftroyed, by shooting, hunting with dogs, or otherwife, any of the kind or breed of hories, cattle, sheep, hogs, or goats, he, she, or they fo offending, shall pay and fatisfy to the owner of the creature fo hurt, wounded, lamed, killed, or deftrayed, double damages, with cofts; recoverable as aforefaid. a IV. ALL owners of horles, mares, cattle, and other beafts, which they know to have barked fruit trees, shall keep the fame within their o vn fenced ground; and if any perfon shall take up any horfe, mare, kine, or other bealt, known by the owner to have barked fruit trees, and shall deliver the fame to fuch owner, he or she shall pay the taker up, two dollars for every fuch beaft fo taken up and delivered; recoverable with cots, before any justice of the peace of the county wherein fuch beaft was taken up, or the owner lives: Provided always, That the taker up, shall, if required, make oath before the fame juftice, that he took up fuch horfe, mare, or other bealt, and that no means were ufed by himself or any other perfon to his knowledge, to fet the fame at large, otherwife he shall lofe the faid reward. a V. EVERY person who without leave of the owner shall take away any Penalty for taking boats boat or other veffel, shall, for every fuch offence, pay ten dollars to the owner thereof, over and above the damage fuch boat or other velfel shall futain, and over and above the charge of bringing back fuch boat or other velel; to be recovered with colts, in any court of record, as aforefail. And if the perfon fo trefpafling shall be a fervaut, he or she shall make the like fatisfaction, by his or her fervice, when the time due to his or her master, or owner, shall be expired. And where there shall be feveral offenders in one trefpafs, every perfon shall be liable for the whole penalty. a VI. AND be it further enacted, That the driving of cattle into, or through the commonwealth, or any part thereof, if it be not to remove them from one plantation to another of the fame owner, or to be cfed at his houfe, shall be deemed a nuifance, unlefs the driver shall produce to any freeholder of a county wherein the drove is palling, who shall require it, a bill of health, figned by fome juftice of the commonwealth, containing the number of the drove, with defcriptions of the cattle, by their fexes, flesh marks, and ear marks or brands, and certifying them to be free from dillemper; or notwithstanding he my produce fuch bill of health, unlefs he shall forthwith obtain another, at the like requifition, if any freeholder shall make affidavit before a justice, that he hath caufe to fufpect fome of the cattle to be dilempered. Such bill of health shall not be given in either cafe, before two difinterested fre. holders appointed by warrant of a juftice, shall have viewed the cattle, and reported them to be free from diftemper. A freeholder refufing to obey fuch warrant, shall be amerced by the juftice granting fuch warrant, in any fum.not exceeding five dollars. if the cattle appear by the report to be diftempered, the owner may impound them, and if he refufe to do fo, or if he fuffer them to efcape from the pound, before a jullice shall have certified that they may be removed without annoying others, the fame justice, or fome other to whom information shall be given of the fact, shall by his order, caufe them to be flaughtered, and the carcales with the hides on, but fo cut or mangled, that none may be tempted to take them up and flay them, to be buried four feet deep. Those who shall be employed in executing fuch orders, shall receive eighty-three cents for every head fo bu ried, to be paid by the county wherein it shall happen. And every perion appointed by the order, who shall refufe or neglect to execute it, shall be amerced in the fum of eighty-three cents for every head fo directed to be buried. Every perfon shall fo retrain his diftempered cattle, or fuch as are under his care, as that they may not go at large off the land to which they belong, and when they die, shall bury them with their hides, in manner aforefaid; and knowingly of fending in either of thofe inftances, shall be amerced in the fum of four dollars for every head they shall neglect so to bury. 6 VII. Ana be it further enacted, That from and after the paffing of this a&t, every driver of nett cattle, shall, immediately after their coming into this commonwealth, go before the next justice of the county, and produce to him a true (b) 1785. ch. 72. fec. 1. (a) 1749, cb. 15, fec. 4, 5, 6. Proceedings again them for failure of the duties hereby enjoined. and perfect manifeft, certified under the hand of a magistrate in the ftate from path thereto. VIII. PROVIDED always, 'That nothing herein contained, shall be con- Provifo as to driving ftrued to extend to any of the inhabitants of this commonwealth who shall buy cattle in certain cafes. any nett cattle, and be driving them ho.ne, or to any perfons coming with their families and focks to lettle in this commonwealth. a Provilo, IX. ALL and every act or ads, coming within the purview of this act, Repealing claufe. fhall be, and the fame are hereby repealed. Provided always, That nothing in this Act shall be contrued to affect any rights, remedies, fines, forfeitures, or penalties, which have accrued, been veiled, or incurred, prior to the commencement of this act. X. THIS act ihail commence and be in force, from and after the paffing Commencement of this thereof. act. CHAP. CXXXVIII. An A&t for the effectual Suppreffion of Vice, and punishing the Disturbers of Re I. ligious Worship and Salbatt Breakers. [Paffed the 25th of December, 1792.] E it enacted by the General Affembly, That if any perfon or perfons shall profanely (wear or curfe, or shall be trunk, he, she, or they, oor fending, for every fuch offence, being thereat convicted by the oath of one or are witnelles (which cath any juice of the peace is hereby empowered and (^) 1748, ck. 34, fec. 24, 34 Punishment for profana wearing, curling, of drunkenness. |