Commencement

        7. This act shall be in force from its passage, and shall continue in force for twelve months after the ratification of a treaty of peace between the United States and the Confederate States of America.

CHAP. 12.--An ACT to amend and re-enact the 14th section of chapter 14 of the Code of Virginia, as amended and re-enacted by an act entitled an act to amend the 1st, 2d, 3d, 4th, 5th, 13th, 14th and 16th sections of chapter 14; the 14th section of chapter 21; the 27th section of chapter 23, and the 10th section of chapter 66 of the Code of Virginia (edition of 1860), so as to increase the salaries of certain Officers of the Government, passed October 13th, 1863.

        Passed October 26, 1863.

        Act of 1863 amended

        1. Be it enacted by the general assembly, that the fourteenth section of chapter fourteen of the Code of Virginia, as amended and re-enacted by the first section of an act entitled an act to amend the first, second, third, fourth, fifth, thirteenth, fourteenth and sixteenth sections of chapter fourteen; the fourteenth section of chapter twenty-one; the twenty-seventh section of chapter twenty-three, and the

tenth section of chapter sixty-six of the Code of Virginia (edition of eighteen hundred and sixty), so as to increase the salaries of certain officers of the government, passed October thirteenth, eighteen hundred and sixty-three, be amended and re-enacted so as to read as follows:

        Pay of sergeant at arms and doorkeepers

        Clerks of committees

        How appointed

        Their duties

        "§ 14. The sergeant at arms of the senate and the sergeant at arms of the house of delegates shall each receive the sum of fifty dollars per week during the session of the general assembly. Each of said sergeants shall be allowed for taking any person into custody by the order of the house, two dollars; for every day he detains such person in custody, two dollars; and for the travel of himself or a messenger to take any person into custody by such order, eight cents per mile going and the same returning. The doorkeepers of both houses shall receive the sum of fifty dollars each week, during the session of the general assembly. The clerks of the several standing committees in each house shall be allowed for their services fifty dollars per week until discharged; that is to say: In the senate, the clerk of the committee of roads and internal navigation; the clerk of the committees on general laws and of confederate relations; the clerk of the committees for courts of justice and finance; and the clerk of the committees on public institutions, of privileges and elections and on banks. And in the house of delegates, the clerk of the committees for courts of justice and of schools and colleges; the clerk of the committees of propositions and of claims; the clerk of the committee on finance; the clerk of the committees of privileges and elections and on agriculture and manufactures; the clerk of the committees on banks and on military affairs, and the clerk of the committees of roads and internal navigation and on the penitentiary. The said clerks shall be appointed by the clerk of the senate and the clerk of the house of delegates respectively, and shall perform the duties of clerks of any other committees in their respective houses, and any similar service that may be required of them, without additional compensation."

        Commencement

        2. This act shall be in force from its passage.

Chap. 13.--An ACT amending and re-enacting the 1st and 3d sections of chapter 10 of the Code of Virginia (edition of 1860), so as to extend the time within which a person intending to contest the election of another as Senator or Delegate, may give notice.

        Passed October 30, 1863.

        Code amended

        1. Be it enacted by the general assembly, that the first and third sections of chapter ten of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows:

        When notice may be given

        List of votes

        Objections

        Eligibility

        "§ 1. Any person intending to contest the election of another, as senator or delegate to the general assembly, shall, within twenty days after the day on which the result of the election shall be ascertained, declared and certified, as provided by law, give to the other notice thereof in writing, and a list of the votes he will dispute, with his objections to each, and of the votes improperly rejected, for which he will contend. If he object to the legality of the election, or eligibility of the person elected, the notice shall set forth the objections; and the person whose election is contested shall, within twenty days after receiving such notice, deliver to his adversary a like list of votes which he will dispute, with his objections, and of the votes improperly rejected, which he will claim, and notice of his objections, if any he has, to the eligibility of the contesting party. Each party shall append to the list of votes he intends to dispute or claim, an oath to the following effect: 'I do swear, that I have reason to believe the persons whose names are above mentioned, are

not legally qualified (or are qualified, as the case may be) to vote in the county of. (or corporation or district of).'"

        In special elections

        Depositions

        "§ 3. Where, however, such contest arises upon a special election to fill a vacancy, held at any other time than the general election day, the notice, with specifications as above, shall be given by the contesting party within ten days after the day on which the result of the election shall be ascertained, declared and certified, as provided by law; and by the party whose right is contested, within five days after receiving such notice; and they shall respectively begin to take depositions within ten days, and finish them within twenty days after the result of the election is declared and certified as aforesaid, unless further time shall be allowed by a resolution of the house in which the contest exists, or unless the legislature shall adjourn before the time aforesaid shall have expired; in which case the parties may continue to take depositions until within thirty days of the next meeting of the general assembly."

        Commencement

        2. This act shall be in force from its passage.

CHAP. 14.--An ACT to suppress Gaming.

        Passed October 16, 1863.

        Code amended

        1. Be it enacted by the general assembly, that the first, second and fourth sections of chapter one hundred and ninety-eight of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows:

        Penalty for unlawful gaming Infamous offence

        Whipping

        Property forfeited

        When property may be seized

        Amount to person making seizure

        "§ 1. A free person who shall keep or exhibit a gaming table, commonly called A B C, or E O table, or faro bank, or table of like kind, under any denomination, whether the game or table be played with cards, or any evasive substitute for cards, dice, or otherwise, or who shall be a partner, or concerned in interest, or employed or engaged in any manner in the keeping or exhibiting such table or bank, or who shall permit the keeping or exhibition of such table or bank in any room or apartment of his house or premises, shall, upon conviction thereof, be deemed to be guilty of an infamous offence, in the meaning of the constitution of this state, and shall be confined in jail not less than two nor more than twelve months, and be fined not less than one hundred dollars nor more than one thousand dollars, and may, at the discretion of the court, be subjected to stripes on his bare back, not exceeding thirty-nine; and all the right, title and interest, legal or equitable, of such person in any real property, including the lot and premises thereto attached, in or upon which such gaming may be carried on, shall be absolutely forfeited to and vested in the commonwealth. Any such table or faro bank, and all money found thereon, or other property staked or exhibited to allure persons to bet at such table, and all household or other personal property used or employed in such gaming house, may be seized by order of a court, or under warrant of a justice, mayor of a city or town, or judge in vacation; and the money so seized, after deducting therefrom one-half for the person or persons making the seizure, shall be forfeited, as provided in the twenty-fourth section of chapter fifty-one of the Code (edition of eighteen hundred and sixty), in respect to the forfeiture declared by that chapter: provided, that twenty per centum of the entire value of the property forfeited shall, in each case of conviction, be payable to the commonwealth's attorney who prosecuted the case.

        Penalty for renting houses for gambling Hiring slaves

        Fines

        Property, when forfeited

        "§ 2. Be it further enacted, that any person who shall knowingly rent to any person any real property for such unlawful gaming, with intention to allow the use of the same for the purpose aforesaid, or any person who shall knowingly hire any slave to any such person, with intention to allow such slave to be employed in any service connected with such gaming, shall be fined not less than one hundred

dollars nor more than one thousand dollars; and upon conviction, all their right, title and interest, legal or equitable, in any such real estate, and their right to such slave, shall be absolutely forfeited to and vest in the commonwealth."

        "§ 4. If a free person bet or play at any such table or bank as is mentioned in the first section, or if at any ordinary, race field or other public place, he play at any game except bowles, chess, backgammon, draughts, or a licensed game, or bet on the sides of those who play, he shall be fined not less than one hundred dollars nor more than one thousand dollars, and shall, if required by the court, give security for his good behavior for one year, or in default thereof, may be imprisoned not more than three months."

        Free negro, when to be sold

        2. Be it further enacted, that any free negro who shall knowingly be engaged as a servant, and employed as such in any house or other place kept for such unlawful gaming, shall, upon conviction, be declared to be a slave for life, and sold into slavery. The trial and proceedings against such negro shall be the same, as far as applicable, as that prescribed by law for selling free negroes into slavery.

        Duty of court as to forfeited property

        3. It shall be the duty of the court in which a conviction may be made, to order any property forfeited under this act to be sold for cash, and after paying all the expenses attending such sale, order one-half of the net proceeds to be paid to the informer, if there shall be an informer, and the residue to be paid into the treasury.

        How, as to equitable title

        Conveyance, how made

        4. If only an equitable right or title to real estate shall be forfeited under this act, the purchaser shall be substituted by suit in equity to all the rights and remedies of the person convicted, in respect to such real estate. In all cases in which the person convicted is seized of the title in fee simple, or possessed of a less estate than the freehold in the real estate so sold, the court shall, upon payment of the purchase money into the treasury, order a conveyance to be made to the purchaser.

        Corroborative evidence

        5. No conviction shall be had under this act, upon the testimony of any informer, without other or corroborative evidence, unless such informer shall disclaim any right to the proceeds of any forfeiture under this act.

        When search and examination of suspected premises

        Proceedings after search

        When officer to seize property

        Order as to safe-keeping

        6. It shall be the duty of every justice of the peace, or mayor of a city, who has probable cause to suspect that any house is kept for the purpose of exhibiting any game prohibited by this act, to issue his warrant, directed according to law, for the search and examination of the premises; and if upon such search and examination it shall appear that such house is kept for the purpose of exhibiting and carrying on such unlawful gaming, or if it shall appear upon proof that such gaming has been exhibited and carried on, at any time within ten days previous to such search and examination, within such house, it shall be the duty of the officer to seize and take possession of all property liable to forfeiture under this act, and to hold the same subject to the orders of the justice or mayor issuing the warrant. And it shall be the duty of the justice or mayor to order the same to be held safely, to abide the orders of the court in which the prosecution may be had, except that gaming tables and money so seized may be disposed of as herein provided.

        Duty of attorney for commonwealth

        7. It shall be the duty of the attorney for the commonwealth to file with the indictment or information a description in writing of the property liable to forfeiture; and upon conviction, the court shall immediately cause a rule to be served upon the owner to show cause against the forfeiture; and upon the return of the rule, the court shall proceed, without other pleadings, to determine the question of forfeiture.

        Commencement

        8. This act shall be in force from its passage.

CHAP. 15--An ACT to amend and re-enact an act passed March 11th, 1863, entitled an act to amend the 39th section of chapter 184 of the Code of Virginia (edition of 1860) so as to increase the Compensation of Clerks and Sheriffs for Public Services.

        Passed October 30, 1863.

        Code amended

        1. Be it enacted by the general assembly, that the act passed March the eleventh, eighteen hundred and sixty-three, entitled an act to amend the thirty-ninth section of chapter one hundred and eighty-four of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows:

        Amount to clerks, &c

        Exception as to Petersburg and Richmond

        "§ 39. There shall be chargeable in every county or corporation such sum as the court thereof may, for services to the public of the county, city or town, allow its clerk and the sheriff or sergeant attending it, not exceeding for one year four hundred dollars to its clerk, and seventy-five dollars to its sheriff or sergeant; and the corporation courts of Richmond and Petersburg may make such allowance as they may deem proper to their respective clerks and sergeants, for services for which no other compensation is made by law."

        Commencement

        2. This act shall be in force from its passage.

CHAP. 16.--An ACT to amend and re-enact the 17th section of the 61st chapter of the Code of Virginia, giving priority of Transportation for Food to Consumers.

        Passed October 31, 1863.

        Code amended

        1. Be it enacted by the general assembly, that the seventeenth section of chapter sixty-one of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows:

        When rail road company to transport

        Order of time of transportation

        Priority of transportation

        Express freight not to be charged

        "§ 17. So soon as any portion of a rail road may be ready for transportation, the rail road company may, by its officers and agents, or by contractors, transport persons and property on the same; for which purpose, there shall be kept in good order such locomotives, cars and other things as may be proper. The company shall have the exclusive right of transportation on its road, and shall, upon the payment or tender of the lawful rates of freight or toll, transport to, and deliver at any depot, or other regular stopping place indicated by the owner, such articles as shall be delivered or offered at any depot or other receiving place, in proper condition to be transported. The property of all persons shall, as far as practicable, be transported in the order of time in which it shall be delivered or offered, and the freight or tolls paid or tendered: provided, that it shall be the duty of every such company, during the present war, under regulations to be prescribed or approved by the board of public works, to give priority of transportation to articles intended for food, in the hands of, or purchased by consumers, or in the hands of, or purchased by cities, counties and corporations, and designed for gratuitous distribution, or for sale at prices not exceeding the cost and charges: and provided further, that the articles embraced by the preceding proviso shall not be subject to express freight, but shall be transported at the rates prescribed for such articles when carried as ordinary freight."

        Commencement

        2. This act shall be in force from its passage.

CHAP. 17.--An ACT to amend and re-enact section 11 of chapter 208 of the Code of Virginia.

        Passed October 30, 1863.

        Code amended

        1. Be it enacted by the general assembly, that the eleventh section of chapter two hundred and eight of the Code of Virginia be amended and re-enacted so as to read as follows:

        Board of jurors

        "§ 11. When in a criminal case the jury are kept together beyond the day on which they are impanneled, the court shall direct its officer to furnish them with suitable board and lodging while so confined. The expenses thereof, not exceeding three dollars per day for each juror, shall be paid out of the treasury, when allowed by the court."

        Commencement

        2. This act shall be in force from its passage.

CHAP. 18.--An ACT to amend and re-enact the 4th, 5th and 56th sections of the 87th chapter of the Code of Virginia.

        Passed October 10, 1863.

        Code amended

        1. Be it enacted by the general assembly, that the fourth, fifth and fifty-sixth sections of chapter eighty-seven of the Code of Virginia be amended and re-enacted so as to read as follows:

        Rates of rent

        What for state

        "§ 4. For each hogshead of tobacco received, inspected, stored or delivered out at any such warehouse, rent shall be paid to the inspectors at the following rates, to wit: Three dollars, if the warehouse be in, and two dollars and fifty cents, if it be not in Richmond, Petersburg, Alexandria, Lynchburg, Farmville, Danville or Clarkesville; which rent shall be for the exclusive use of the proprietors of the warehouse, if it be built of brick or stone, with fire proof covering; but if not so built, fifty cents out of every such three dollars or two dollars and fifty cents, shall be for the state.

        Rates of charges for tobacco

        "§ 5. There shall also be paid to the inspectors at any warehouse, for the use of the proprietor, for all tobacco lying therein more than twelve months, at the rate of thirty cents per month for each hogshead, for each month from and after the passage of this act."

        When value recovered in case of damage by fire

        Proviso

        "§ 56. If any tobacco stored in any warehouse belonging to the state be damaged by fire at any time while remaining in said warehouse, the owner may in like manner recover the amount of his damages; but if said tobacco should be so damaged after remaining in the warehouse more than a year, then the damage so recovered shall not exceed in amount the value of the tobacco at the time when the same was received for inspection."

        Commencement

        2. This act shall be in force from its passage, and until six months after the ratification of a treaty of peace between the Confederate States and the United States.

CHAP. 19.--An ACT to amend and re-enact the 9th section of the 57th chapter of the Code of Virginia (edition of 1860).

        Passed October 29, 1863.

        Code amended

        1. Be it enacted by the general assembly, that section nine, chapter fifty-seven of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows:

        How meeting of stockholders constituted

        When to adjourn

        Proviso

        "§ 9. To constitute a meeting of stockholders other than the annual meeting of stockholders of a bank of circulation, there must be present those who can give a majority of all the votes which could be given by all the stockholders. If a sufficient number fail to attend at the time and place for a meeting, those who do attend may adjourn from time to time until a meeting shall be regularly constituted. The annual meeting of the stockholders of a bank of circulation may be held by any number that may be present. A meeting of stockholders may adjourn from time to time until its business is completed: provided, that if during the existing war with the United States a majority of all the votes cannot be present as aforesaid, because stockholders are within the lines of the public enemy, such meeting may be held, if there shall be present those who can give a majority of all the votes which could be given by stockholders other than the commonwealth."

        Commencement

        2. This act shall be in force from its passage.

CHAP. 20.--An ACT to amend the act passed February 13th, 1862, entitled an act to amend section 14 of chapter 163 of the Code, in relation to the Removal of the Records and Papers of Courts.

        Passed October 1, 1863.

        Code and Act of 1862 amended

        1. Be it enacted by the general assembly, that the fourteenth section of chapter one hundred and sixty-three of the Code of Virginia, as amended by the act passed February thirteenth, eighteen hundred and sixty-two, entitled an act to amend section fourteen of chapter one hundred and sixty-three of the Code, in relation to the removal of the records and papers of courts, be amended and re-enacted so as to read as follows:

        Records not to be removed

        When may be removed

        What in case of death of clerk

        "§ 14. None of the records or papers of a court shall be removed by the clerk, nor allowed by the court to be removed out of the county or corporation wherein the clerk's office is kept, except on an occasion of invasion or insurrection, actual or threatened, where, in the opinion of the court, or in a very sudden case, of the clerk, the same will be endangered: after which, they are to be returned as soon as the danger ceases; and except in such other cases as are specially provided by law. And in the event of the death of the clerk of the circuit or county court, or of both courts, before such return, it shall be the duty of the surviving clerk of either of said courts, or the clerk pro tempore of either, to take charge of said records and papers, and retain them, subject to all the responsibilities of the former custodian. Any clerk violating this section, shall forfeit six hundred dollars."

        Commencement

        2. This act shall be in force from its passage.

CHAP. 21.--An ACT amending and re-enacting section 9, chapter 160 of the Code of Virginia (edition of 1860).

        Passed October 21, 1863.

        Code amended

        1. Be it enacted by the general assembly, that section nine of chapter one hundred and sixty of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows:

        Section 9 of chapter 160 amended

        When appellate jurisdiction exercised

        "§ 9. The sessions and terms of the supreme court of appeals, and the powers and duties of the court at each place of session, shall continue according to the laws in force at or since the adoption of the constitution, except that the court, at one place of session, may also, if it see fit, appoint and take bond from the clerk of the court at the other place; and except likewise that the appellate jurisdiction of said court in any criminal case, or in any case of habeas corpus, may be exercised at either place of session, no matter in what county or corporation the circuit court may have been held which rendered the judgment in such case; and a criminal case, or a case of habeas corpus, pending in said court at one place, may at any time, by its order, be transferred to the other, and be there heard and determined."

        Commencement

        2. This act shall be in force from its passage.

CHAP. 22.--An ACT authorizing Special Terms of the Circuit Courts to be held to carry into effect the provisions of the law to prevent the unlawful distillation of Whiskey or other Spirituous or Malt Liquors.

        Passed September 30, 1863.

        Special terms, how held

        1. Be it enacted by the general assembly, that if the judge of any circuit court of the state shall deem it necessary to hold a special term in any county in his circuit, to carry into effect the provisions of the law to prevent the unlawful distillation of whiskey, or other spirituous or malt liquors, out of grain, potatoes, sugar, molasses, sugar cane, molasses cane or sorghum, it shall be lawful for him to

appoint a special term of the court, and to issue his warrant for holding the same, as is prescribed by the twenty-ninth section of chapter one hundred and fifty-eight of the Code of eighteen hundred and sixty; at which term the court may exercise the like jurisdiction as might be exercised under the said laws at a regular term of the said court.

        Mode of procedure

        2. The mode of proceeding upon presentments, indictments or informations charging offences against the said laws, may be as is now prescribed by law in such cases, or as prescribed by section twenty-third of chapter two hundred and seven of the Code of eighteen hundred and sixty, as to the offences therein referred to, as the court may deem best.

        Commencement

        3. This act shall be in force from its passage.

CHAP. 23.--An ACT amending the Road Law of the Commonwealth.

        Passed October 3, 1863.

        Section 28 of chapter 52 of Code amended

        1. Be it enacted by the general assembly of Virginia, that the twenty-eighth section of the fifty-second chapter of the Code of Virginia be amended and re-enacted so as to read as follows:

        When persons to work on roads

        Penalties for failure

        Proviso

        "§ 28. Every person appointed under either of the two preceding sections, shall, either in person or by a sufficient substitute, when required by the proper surveyor, attend with proper tools, and work the road on such days as the surveyor may direct. For every day on which there may be a failure, not less than two dollars nor more than four dollars, as a magistrate may determine, shall be paid to the surveyor within twenty days thereafter, by the person in default, if a person of full age; or if he be an infant, by his parent or guardian; or if he be a servant or slave, by his overseer, if he be under one; otherwise, by his master. If the money be not paid, it shall be recoverable by the surveyor, with costs, before a justice. Any money received by a surveyor under this section, after the payment of costs, shall be applied to the improvement of the road of which he is surveyor: provided, that the county court of any county, the magistrates being duly summoned for the purpose, may have power to direct the surveyor not to call for hands to labor upon any road, whenever the number of hands liable to such call may be so reduced in number as that their employment in work upon such road will cause serious injury to the agricultural operations of the people living in the vicinity of said road: and provided further, that any order so made by the said court, shall be a bar to any proceedings against such surveyor for a failure to keep his road in the condition required by law."

        Commencement

        2. This act shall be in force from its passage.

CHAP. 24.--An ACT to provide for the Trial of Friendly Suits in Chancery for Partition; &c., arising in Counties in the possession of the enemy, or threatened with invasion.

        Passed October 29, 1863.

        When friendly suits in chancery may be tried in another county

        When copies to be certified

        1. Be it enacted by the general assembly, that whenever any county or corporation in this state shall be in the possession of the enemy, or shall be threatened with invasion, or whenever the existing state of war shall make it difficult or unsafe for the jurisdiction of the courts to be exercised therein all suits in chancery arising in said counties or corporations for partition, or for the sale and division of property, or any other proceedings in chancery, in which the rights of the parties are not controverted, may be instituted and proceeded in to a final decree in the circuit court of a county in an adjoining circuit not so situated: provided, that copies of all decrees entered in such causes shall be certified to the clerk of the circuit court of the

county or corporation in which such cause would have been instituted and tried but for the passage of this act.

        Commencement

        2. This act shall be in force from its passage.

CHAP. 25.--An ACT to authorize the Transfer of Causes from the Circuit Court for the City of Williamsburg and County of James City to other Circuit Courts.

        Passed October 23, 1863.

        When cause may be removed

        Notice, how given

        1. Be it enacted by the general assembly, that any cause now depending and undetermined in the circuit court for the city of Williamsburg and county of James City, which cannot be held by reason of the presence or proximity of the public enemy to the place where such court is now required by law to be held, may, during the continuance of the present war, by and with the consent of the parties thereto, or, where such consent cannot be obtained, after notice of ten days, personally served by the plaintiff upon the defendant, or by defendant upon the plaintiff, or by publication of notice in some newspaper published in the city of Richmond, once a week for four weeks successively, be transferred to, and docketed in the circuit court of the city of Richmond, or such other circuit court as may be agreed upon between the parties; or in the absence of such agreement, in the nearest circuit court of the judicial district that may be capable of transacting its business.

        Suit, how proceeded in

        When cause remanded

        2. And be it further enacted, that any cause which may be transferred to, and docketed in any court of this commonwealth, in accordance with the preceding section, shall be proceeded with in said court as if the same had originated therein: provided, that the court shall be of opinion that the interests of the parties will not be prejudiced thereby: and provided further, that the court wherein any cause may be docketed under the preceding section, may at any time order its removal to the court in which it originated, when said court shall become capable of transacting its own business.

        When cause returned

        3. Any cause which may, under this act, be proceeded in to final judgment or decree, shall, by order of the court, as soon as can be done in safety, be returned to the court in which it originated, with duly certified copies of all orders, decrees and judgments which may have been pronounced and entered therein.

        Commencement

        4. This act shall be in force from its passage.

CHAP. 26.--An ACT to amend and re-enact section 4 of an act entitled an act to provide for Trial of Persons charged with Offences committed in Counties in the possession of the enemy, or threatened with immediate invasion, passed March 27th, 1862.

        Passed October 8, 1863.

        Act of 1862 amended

        1. Be it enacted by the general assembly, that section four of an act entitled an act to provide for the trial of persons charged with offences committed in counties in the possession of the enemy, or threatened with immediate invasion, passed March twenty-seventh, eighteen hundred and sixty-two, be amended and re-enacted so as to read as follows:

        Where to be confined

        Proviso as to bail

        "§ 4. When any such action shall be taken as is provided for in either of the foregoing sections, the person charged with the offence shall be hereafter confined in the jail of the county to which the case shall be removed: provided, however, that in addition to the right to bail, which such person may have under existing laws, he shall, before an examining court, whenever a continuance has been granted to the commonwealth for three successive terms, or whenever it shall appear that without default of the prisoner no examination has been

had for the period within which three successive terms of said court, or the court of the county from which he was removed, are prescribed to be held, be entitled to bail, unless it shall appear that a felony has been committed, and strong suspicion of guilt falls on him: and whenever before such court a continuance has been granted to the commonwealth for four successive terms, or without default of the prisoner, no examination has been had for the period within which four successive terms of said court, or the court of the county from which he was removed, are prescribed by law to be held, he shall be entitled to bail as a matter of right; and any judge of a circuit court may in vacation admit such person to bail, upon the grounds for which an examining court is herein before authorized to admit him to bail: and provided further, that he shall, at a circuit court, if not indicted at or before the second term of the court at which he is held to answer, in addition to his right to bail under existing laws, be entitled to bail, unless it shall appear that a felony has been committed, and strong suspicion of guilt falls on him: and if not indicted at the third term of said court, he shall be admitted to bail as a matter of right."

        When bail granted as of right

        Power of circuit judge

        Proviso

        Commencement

        2. This act shall be in force from its passage.

CHAP. 27.--An ACT to increase Jailors' Fees for keeping and supporting Prisoners.

        Passed October 2, 1863.

        Act of 1863 amended

        1. Be it enacted by the general assembly, that the first section of an act passed seventeenth March eighteen hundred and sixty-three, entitled an act to amend and re-enact the first section of an act entitled an act to increase jailors' fees for keeping and supporting prisoners, passed September twenty-fourth, eighteen hundred and sixty-two, be amended and re-enacted so as to read as follows:

        Fees of jailors

        "§ 1. Jailors shall hereafter be allowed one dollar per day keeping and supporting persons confined in the jails of this commonwealth, and a fair proportion of said sum for any time less than twenty-four hours; and in all cases the allowance shall be made on an account stating the time for which the person or persons remained in jail: provided, that the county and corporation courts of the commonwealth may establish, in their discretion, a different rate, not less than thirty-five cents nor more than two dollars and fifty cents per diem."

        Commencement

        2. This act shall be in force from its passage.

CHAP. 28.--An ACT to amend the act passed February 13th, 1863, entitled an act amending and re-enacting the 1st and 2d sections of an act entitled an act to repeal the Fence Law of Virginia as to certain Counties, and to authorize the County Courts to dispense with enclosures in other Counties, passed October 3d, 1862, and to legalize the action of County Courts held under said law.

        Passed October 9, 1863.

        Section 2 of Act of 1863 amended

        1. Be it enacted by the general assembly, that the second section of the act passed October the third, eighteen hundred and sixty-two, as amended by an act passed February the thirteenth, eighteen hundred and sixty-three, entitled an act amending and re-enacting the first and second sections of an act entitled an act to repeal the fence law of Virginia as to certain counties, and to authorize the county courts to dispense with enclosures in other counties, passed October the third, eighteen hundred and sixty-two, and to legalize the action of county courts held under said law, be amended and re-enacted so as to read as follows:

        Power of courts

        "§2. Be it further enacted, that the county courts of the counties of Augusta, Frederick, Clarke, Warren, Culpeper, Rappahannock, Norfolk, Princess Anne, Mercer, Shenandoah, Page, Prince William, Spotsylvania, Hampshire, Berkeley, Caroline, Rockingham, Richmond, Westmoreland, Loudoun, Jefferson, Orange, Essex, King & Queen, Goochland, Giles, Bland, Fairfax, Greenbrier, New Kent, Charles City, James City, Prince George, Nansemond, Highland, Hardy and King William shall have power, all the justices having been summoned, and a majority thereof being present, to dispense with the existing laws in regard to enclosures, so far as their respective counties may be concerned, or such parts thereof, to be described by metes and bounds, as in their discretion they may deem it expedient to exempt from the operation of such law."

        Commencement

        2. This act shall be in force from its passage.

CHAP. 29.--An ACT to authorize the Arrest of Deserters by the Civil Authorities.

        Passed October 27, 1863.

        Deserters, how to be arrested

        Arrest notified

        Deserter committed to jail

        1. Be it enacted by the general assembly, that all conservators of the peace in this commonwealth are hereby authorized and required to arrest deserters from the army and navy of the Confederate States, whenever and wherever they may be found; and they shall promptly notify the nearest confederate officer, or the adjutant general, or the secretary of war, of such arrest, and shall commit the said deserter to the jail of the county, city or town in which he is arrested, until he can be delivered to the confederate authorities.

        Posse comitatus, when summoned

        2. The said conservators of the peace, in making such arrest, may summon so many of the people of their county or corporation, or require the nearest commissioned officer of state forces to call out such portion of his command as may be sufficient to aid him, and may proceed in the manner prescribed in the twenty-fourth section of the forty-ninth chapter of the Code.

        Penalties

        3. Any conservator of the peace neglecting or refusing to perform the duties imposed by this act shall be fined, at the discretion of the jury, not less than thirty nor exceeding five hundred dollars for each offence.

        Commencement

        4. This act shall be in force from its passage.

CHAP. 30.--An ACT to provide for the Appointment of General Agents and Storekeepers for Counties and Corporations.

        Passed October 27, 1863.

        General agents and storekeepers, how appointed

        1. Be it enacted by the general assembly, that it shall be lawful for the court of any county or corporation, all of the acting justices thereof having been duly summoned, and a majority of them being present and assenting to the provisions of this act, to appoint a general agent and storekeeper, and such sub-agents as may be deemed necessary, with the duties herein after assigned; which agents shall be chosen from persons who are exempt from military duty.

        County court may borrow money

        Court to prescribe articles to be purchased

        To whom articles not to be sold

        Penalty

        2. The court of any such county or corporation may, upon the credit thereof, at any regular term, all the justices thereof having been duly summoned, and a majority of them being present, borrow, for the purpose of carrying into effect the objects of this act, an amount of money, not exceeding at any one time ten thousand dollars for every one thousand of white population, and at a rate of interest not exceeding six per centum; and said court shall have authority to prescribe the articles to be purchased, and to fix the compensation of the agent, and to adopt rules and regulations for the

sale and distribution of such articles to the citizens in such quantities and in such manner as shall best conduce to the relief of the distress and wants of the community: provided, that no article shall be sold to any person who may buy to sell again; and if such sale be made, the said agent and purchaser shall each be liable to a penalty of three times the value of the article sold; to be recovered by information or indictment, and the amount thereof paid into the county treasury.

        Books of agent, how inspected

        3. The court of any such county or corporation, at any regular term thereof, may inspect the books and papers of such agent and storekeeper, and cause his accounts to be settled in such manner as the court may direct.

        To whom articles to be sold

        Price therefor

        4. It shall be the duty of such general agent and storekeeper, under regulations prescribed by the court, to purchase and sell to the residents of such county or corporation, or otherwise dispose of articles of prime necessity; the sale to be at prices equal, as near as may be, to the aggregate amount of the prime cost, the cost of transportation, necessary expenses of sale of each article, the compensation for such agent, and the interest on the money borrowed, and the taxes that may be imposed.

        Oath and bond of agent

        5. Every such agent and storekeeper, before entering upon the discharge of his duties, shall take an oath before the clerk of such court for the faithful performance thereof, and enter into a bond in a penalty adequate, and with security sufficient, to be judged of by the court, with condition for the faithful performance of his duties as such agent and storekeeper; and such bond may be put in suit from time to time, at the relation and for the benefit of such county or corporation, or any person injured by a breach of the condition thereof.

        Transportation

        6. All of the rail roads throughout this state shall provide transportation for all goods purchased by such agents, in preference to all other articles, except army supplies.

        As to counties in power of enemy

        7. That in counties where, in consequence of the presence of, or a threatened invasion by the public enemy, the provisions of sections one and two of this act cannot be carried into effect, it may be lawful for five or more of the acting justices thereof, a majority agreeing, to convene in said county at a place of safety from the enemy, who shall be clothed with all the powers to act in the premises, that are given to a majority of the justices of a county, under the first and second sections of this act.

        Commencement

        8. This act shall be in force from its passage.

CHAP. 31.--An ACT for the Relief of the Indigent Soldiers and Sailors of the State of Virginia who have been or may be disabled in the Military Service, and the Widows and Minor Children of Soldiers and Sailors who have died or may hereafter die in said Service, and of the Indigent Families of those now in the Service.

        Passed October 31, 1863.

        Lists of whom to be made

        List, how returned

        How examined and added to

        1. Be it enacted by the general assembly, that it shall be the duty of the county and corporation courts of this commonwealth to order the sheriffs and sergeants of such counties and corporations to make a list of all indigent soldiers and sailors enlisted from their respective counties or corporations in the confederate service or state service, who have been or may be disabled or honorably discharged, and of then families, and of the families of those who may be now in the service, and of the widows and minor children of such as may have died or may hereafter die in the service; and said list shall be returned and deposited in the clerk's office of such counties and corporations, at the next regular term thereafter. And it shall be the duty of the magistrates in each magisterial district to report a list of said persons and families in their respective districts to the said term

of the county courts; and said courts shall then, and from time to time thereafter, at any regular term thereof, examine said list, and add to it or strike from it such names as it shall deem just and proper.

        Allowance, how made

        How charged

        2. It shall be the duty of said courts to make an allowance, in money or supplies, to the persons and families mentioned in the first section of this act, of such liberal amount and in such proportion as they may think just and sufficient for their maintenance; and said allowance shall be charged on the county, city or town; and provision shall be made for its payment, in the manner prescribed by law for sums legally chargeable on counties, cities and towns.

        In case of refugees

        Accounts, how certified

        When paid out of the treasury

        3. Whenever any county court shall be satisfied that any such soldiers and sailors were, at the date of their enlistment, residents of any county of the commonwealth, and whose families may have been, or may hereafter be driven from their homes, by fear of the public enemy, and are residing in such county, it shall be the duty of such court to enroll such soldiers and sailors and their families, according to the provisions of the first section of this act, and to make the same provision for their support as for those soldiers and sailors and their families described in said section. The said county court shall state and certify their account for the support of such refugee soldiers and sailors and their families, and forward the same to the auditor of public accounts; and it shall be the duty of the auditor to pay said accounts by warrants upon the treasurer of the commonwealth.

        Agents and their duties

        When impressments may be made

        Who shall be deemed a speculator

        How collision prevented between county and impressing agents of confederate government

        Estimates, how made

        When agent may sell to others

        Exception as to merchants

        Exception as to impressment of family supplies

        When justices to be convened

        4. The said courts may, at any regular term thereof, appoint an agent or agents, whose duty it shall be to purchase, upon the order of said courts, a supply of such articles deemed necessary for the support of the persons and families mentioned in the first and third sections of this act, at rates to be agreed upon by the vendor and the agent, under instruction of said courts; or if the said courts shall deem it prudent and necessary, may authorize its agent or agents to impress, upon its order, a stated quantity of necessaries for the persons and families mentioned in the said first and third sections of this act, at prices not exceeding those prescribed by the commissioners appointed for the state of Virginia, under the act of the congress of the Confederate States regulating impressments, preferring in said impressment articles in the hands of persons who may have purchased the same for purposes of speculation: and said courts shall have the authority to prescribe the articles to be purchased, and to fix the compensation of the agent or agents, and to adopt rules and regulations for the proper care of such articles so purchased or impressed, and for the distribution of the same in such quantities and in such manner as shall best conduce to the relief of the distress and wants of the persons and families mentioned in the said first and third sections. Any person shall be held and deemed a speculator within the meaning of this act, who shall purchase any of the necessaries of life for profit by resale, or who shall purchase or hold the same when not needed for the consumption of his or her family during the then ensuing twelve months. Where the confederate government has an impressing agent in any county, it shall be the duty of the county court, in order to prevent collision, at once to cause an estimate to be made of the amount of supplies so needed by the persons mentioned in the first and third sections, and also of the amount needed for such other residents of such county as may not have supplies adequate to their necessities, who shall make affidavit as to such deficiency. It shall be the duty of the said county agent to report the aggregate amount of said estimates to the impressing officer of the Confederate States for said county, and endeavor so to arrange with the said agent as that a sufficiency for the said purpose, of the surplus products of said county, may be turned over by the confederate agent to the said agent of the county court, who shall proceed to sell so much thereof as may have been obtained for that purpose, at cost, to the persons not mentioned

in the first and third sections of this act, adding the expenses of transportation and proper allowance for wastage: provided, that when the owner of property impressed is dissatisfied with the price, he may appeal to the county court, whose decision shall be final; but the agent may take possession of the property impressed immediately on the appeal being taken: provided, that so much of the act as defines who shall be held and deemed a speculator, shall not be so construed as to apply to a licensed merchant who only buys and sells such goods, wares and merchandise as he is authorized to do by virtue of his license; nor to a farmer who only holds such necessaries of life as are of his own production; but such articles deemed necessaries of life owned by any such merchant or farmer shall be liable to impressment in like manner as if owned by any person other than one held and deemed a speculator under this act: and provided further, that no impressment shall be made of any supplies laid in and necessary for the support of any family for a period not exceeding twelve months: and provided further, that no such order of impressment shall be made except at a term of said court to which all the justices of said county have been previously summoned: and provided further, whenever the said county agent or agents shall report to the clerk of said court his or their inability to procure by purchase at rates not exceeding those prescribed by the schedule of prices fixed by the commissioners for the state of Virginia, under the act of the confederate congress regulating impressments, the supplies necessary for the support of the persons and families aforesaid, the clerk of such court shall issue a summons to convene the justices of said county at the next regular term of such court.

        Oath and bond of agents

        5. Every such agent, before entering upon the discharge of his duties, shall take an oath before the clerk of said court for the faithful performance thereof, and enter into a bond, in a penalty adequate and with security sufficient, to be judged of by the court, with conditions for the faithful performance of his duties as such agent; and such bond may be put in suit from time to time, at the relation and for the benefit of such county and corporation, or of any person injured by a breach of the conditions thereof.

        Penalties for failure to carry out provisions of act

        How disposed of

        6. Be it further enacted, that if said county or corporation courts or said sheriffs or sergeants shall willfully neglect or refuse to perform the duties herein before imposed, the magistrates composing said court, and said sheriffs or sergeants who so neglect or refuse to perform their said duty, shall be fined severally the sum of one hundred dollars for each term of said courts at which they may be so in default; to be recovered by presentment, indictment or information in the circuit court of said counties or corporations: and such sums so recovered shall be set apart as a portion of the fund to be raised by such counties and corporations for the support of the persons and families mentioned in the first and third sections of this act.

        How provisions of act executed

        7. Be it further enacted, that for the purpose of carrying the provisions of this act into effect in counties partly held or threatened by the public enemy, and when the court thereof cannot be held at the courthouse of such county, it shall be lawful for any five or more of the acting justices thereof to assemble at some place in said county other than the courthouse thereof, who, so assembled, shall be regarded in all respects as the county court of said county for the purpose of carrying into effect the provisions of this act.

        Act to be given in charge to juries

        Commencement

        8. This act shall be given in charge to the grand juries of the circuit courts of said counties and corporations, and shall be in force from its passage, and shall continue in force until six months after the ratification of a treaty of peace between the Confederate States and the United States.

CHAP. 32.--An ACT to repeal so much of the Ordinance of the Convention of April 24th, 1861, as provides for a Pay Department of Virginia Forces.

        Passed October 31, 1863.

        Ordinance repeated

        1. Be it enacted by the general assembly, that so much of the ordinance of the convention of April twenty-fourth, eighteen hundred and sixty-one, as provides for a pay department to the forces of Virginia, be and the same is hereby repealed.

        Unfinished business, how transacted

        2. That from and after the first day of January eighteen hundred and sixty-four, the unfinished business of said department shall be turned over to the auditing board, together with all papers, documents and vouchers pertaining thereto; and thereafter all the duties of the pay department shall be performed by the said auditing board, in conformity with the practice and rules of the confederate service; and the commissions of all officers in the pay department, other than the paymaster general, are hereby canceled from the first day of January eighteen hundred and sixty-four.

        Commencement

        3. This act shall take effect and be in force from and after its passage.

CHAP. 33.--An ACT requiring certain Rail Road Companies to provide for the Transportation of Fuel in certain cases.

        Passed October 31, 1863.

        1. Be it enacted by the general assembly of Virginia, that every rail road company subject to the provisions of the sixty-first chapter of the Code (edition of eighteen hundred and sixty), shall conform to the following regulations:

        Fuel, when to be transported

        2. Whenever any person shall give notice in writing to the superintendent of any such rail road, that he has delivered at any depot or switch upon the said road not less than eight cords of wood or eight tons of coal, consigned to some city, town, village or chartered institution of learning upon the line of said road, and that he is prepared to load the same upon the cars within six hours after such cars shall be ready to receive it, it shall be the duty of said superintendent to provide forthwith sufficient transportation for the same.

        Compensation for rail road companies

        How fixed

        3. The said rail road companies shall be entitled to receive, for the transportation of such fuel, an addition of twenty-five per centum upon the rates of freight per ton per mile allowed them by law, and shall be entitled moreover to demand from any shipper referred to in the second section of this act, the delivery at the place of shipment, and at the value thereof at such place, of one-fourth part of all such fuel, to be applied to the use of such road. In case of any disagreement between such company and the shipper of such fuel as to the price thereof, such company shall be entitled to employ the provisions of the fifty-sixth chapter of the Code (edition of eighteen hundred and sixty) in fixing the valuation thereof.

        Fines

        Proviso as to Virginia and Tennessee rail road

        4. If any such company shall fail to perform the duties imposed thereon by this act, it shall be subject to a fine of five hundred dollars in every case; to be recovered in any court having jurisdiction, by presentment, information or indictment. One-half of such fine shall be paid to the informer or prosecutor, and the balance to the commonwealth, according to the provisions of the forty-third chapter of the Code (edition of eighteen hundred and sixty): provided, that the board of public works, in order to secure the transportation of salt, and of fuel for the salt furnaces, may, in their discretion, exempt, for such period of time as said board may order, the Virginia and Tennessee rail road from the provisions of this act.

        Commencement

        5. This act shall be in force from its passage.

CHAP. 34.--An ACT to authorize the Governor to hire Free Negro and other Convicts to work in Coal-pits.

        Passed October 31, 1863.

        When governor may hire free negro and slave convicts

        1. Be it enacted by the general assembly, that it shall be lawful for the governor of this commonwealth to hire the free negro and slave convicts at any time in the penitentiary, to the owners of coal-pits, to work in said pits in any county of this state, and the money arising therefrom to pay into the public treasury to the credit of the penitentiary.

        When white convicts

        2. Be it further enacted, that the governor shall also be authorized to hire, to work in said coal-pits, as many able-bodied white male convicts in said penitentiary as can be spared from the workshops therein, not exceeding one hundred and fifty: the proceeds of such hire to be paid into the public treasury to the credit of the penitentiary, monthly or quarterly, as to the governor may seem proper.

        Governor to stipulate for safe keeping and return of convicts

        3. Be it further enacted, that it shall be the duty of the governor, in making contracts with the owners of coal-pits, to provide for the safe-keeping and return to the penitentiary of convicts hired under the provisions of this act.

        Commencement

        4. This act shall commence and be in force from its passage.

CHAP. 35.--An ACT to amend and re-enact the act passed March 11th, 1863, in relation to the unnecessary Consumption of Grain by Distillers and other Manufacturers of Spirituous and Malt Liquors.

        Passed October 31, 1863.

        Act of 1863 amended

        Be it enacted by the general assembly, that the act passed March eleventh, eighteen hundred and sixty-three, entitled an act to amend and re-enact an act entitled an act to amend and re-enact an act entitled an act to prevent the unnecessary consumption of grain by distillers and other manufacturers of spirituous and malt liquors, passed October second, eighteen hundred and sixty-two, be and the same is hereby amended and re-enacted so as to read as follows:

        Distillation prohibited

        Penalties

        1. It shall not be lawful for any person hereafter to make or cause to be made any whiskey, or other spirituous or malt liquors, out of any corn, wheat, rye or other grain, or out of dried fruit, potatoes, sugar, molasses, sugar cane, molasses cane or sorghum; and any person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined for every offence not less than one hundred dollars nor more than five thousand dollars, and be subject to imprisonment in the county jail not exceeding twelve months, at the discretion of the court.

        No contracts to be executed

        2. No person, firm or company shall hereafter execute, in whole or in part, any contract, heretofore or hereafter made with the confederate government, or with any agent of said government, for making or causing to be made any whiskey or othe