convicted of a like offence a second time, he shall be sentenced to undergo a confinement in the penitentiary house, for a term not less than one, nor more than two years.

Sect. 6. Sheriffs and other persons employed in transporting criminals, convicted under this act, shall be paid in like manner as those employed in transporting those convicted in the district courts, and witnesses shall receive like compensation with those attending the examining courts. [To commence the first of June, 1803.]

CHAP. VIII.

(See 2 Rev Code, ch. 34, p. 36.

An act to amend an act, entitled, "An act directing the method of proceeding against free persons charged with certain crimes, directing the mode of proceeding on indictments, informations, and prosecutions, on penal statutes, and for preventing vexatious and malicious prosecutions, and moderating amercements, and for other purposes.

Sect. 1. Be it enacted by the general assembly, that from and after the commencement of this act, when any person, not being a slave, shall be charged before a justice of the peace, with any treason, murder, felony, or other crime or offence whatsoever, against this commonwealth, if, in the opinion of such justice, such offence ought to be inquired into, in the courts of this commonwealth, such justice shall take the recognizance of all material witnesses, to appear before the court of his county or corporation, to give evidence against the offender, and immediately, by his warrant, commit the person so charged to the county or corporation jail; and moreover, shall issue his warrant to the sheriff of the county, or sergeant of the corporation, requiring him to summon at least eight, if so many there be, of the justices of the county or corporation to meet at their court-house on a certain day, not less than five nor more than ten days after the date thereof, to hold a court for the examination of the fact; which court, consisting of five members at least, shall consider whether, as the case may ap pear to them, the prisoner may be discharged from farther prosecution, or may be tried in the county or corporation, or in the district court; and shall thereupon proceed in the same manner as prescribed by the act, entitled, An act, chrecting the mothod of proceeding against free persons charged with certain crimes, declaring the mode of proceeding on indictments. informations and prosecutions, on penal sta tutes, and for preventing vexatious and, malicious prosecutions, and . moderating amercements." If any justice, before whom any person is charged with any such crime or offence, shall commit such person to jail, and neglect or refuse to issue his warrant immediately, for summoning the justices of his county or corporation to hold a court for the examination of the fact; or if any sheriff or sergeant shall neglect or refuse to obey such warrant, or neglect or refuse to return the warrant to the court so summoned, endorsing thereon the manner in which he has executed the same, every person, so neglecting or refus

See 1 Rev. Code, ch. 74, p. 102.

ing hereafter, shall, in either case, forfeit and pay the sum of one hundred dollars, to the use of the commonwealth, to be recovered by action of debt or information, in any court of record; and moreover, shall be subject to the action of the party aggrieved, in which, if he or she recover, he or she, beside damages, shall recover double

costs.

Sect. 2. When any person shall be sent by a county or corporation court, to the district court, to be tried for treason or felony, the clerk of the court of the county or corporation shall transmit and certify immediately, to the clerk of the district court, a copy or copies of the recognizance or recognizances of each and all the witnesses, recognized to appear at the district court, to give evidence against the pri soner; and if the witness or witnesses, so bound to appear, shall fail to appear, pursuant to his, her, or their recognizance, the district court shall immediately cause his, her, or their default to be recorded; and it shall be lawful for the district court to issue a writ or writs of scire facias, upon which the like proceedings shall be had, as if the recognizance of the witness or witnesses had been taken in the district court: Provided, that the witness or witnesses shall first be summoned to shew cause, if any he, she, or they can, why such scire facias should not be issued. In like manner, the clerk of the court of any county or corporation shall certify and transmit to the clerk of the district court, a copy or copies of the recognizance of any prisoner let to bail, who is to be tried in the district court, and also a copy or copies of the recognizance or recognizances of his or her bail; and if any prisoner let to bail shall fail to appear in the district court, pursuant to his or her recognizance, the district court shall immediately cause his or her default to be recorded, and shall issue a writ or writs of scire facia sagainst the prisoner, and his or her bail, upon which the like proceedings shall be had, as if the prisoner had been let to bail by the district court. The copy or copies of all recognizances so certified and transmitted to the clerks of the district courts, by virtue of this act, shall be admitted and received as evidence in the said courts, in like manner as the original or originals might have been, had they been entered in the district courts. Any clerk failing to perform the duties required of him by this act shall forfeit and pay, for each failure, to the use of the commonwealth, the sum of one hundred dollars, to be recovered by action of debt or information, in any court of record. Any clerk failing to perform the duties required of him by the twentieth section of the before recited act shall forfeit and pay, to the use of the commonwealth, the sum of fifty dollars, to be recovered in any court of record, by action of debt or information.

Sect. 3. If any person charged with any crime or offence against the commonwealth shall be acquitted or discharged from further prosecution, by the court of the county or corporation in which the offence is or may by law be examinable, he or she shall not thereafter be examined, questioned, or tried, for the same crime or offence, but may plead such acquittal or discharge in bar of any other or further examination or trial for the same crime or offence, any law, custom, usage, or opinion, to the contrary, in any wise notwithstanding.

Sect. 4. A court held by virtue of this or the before recited act, for the examinination of any person charged with any crime or offence

against the commonwealth, may, for good cause shewn, adjourn to any subsequent day: Provided, that they shall not adjourn for a longer period than three days, except on the application of the prisoner, and then for not more than ten days from the day of adjournment, at which time such proceedings shall be had, as if the court had proceeded to the examination of the fact at their first sitting.

Sect. 5. Before any person charged with treason or felony shall be tried before a district court, he or she shall be examined, in the manner prescribed by law, by the court of the county or corporation wherein the offence was committed.

Sect. 6. After the verdict of twelve men, no judgment on any indictment or information, for felony or any other offence whatsoever, shall be stayed or reversed, for any supposed defect or imperfection in any such indictment or information, so as the felony or offence therein charged to have been committed or done be plainly, and in substance, set forth with convenient certainty, so as to enable the court to give judgment thereupon, according to the very right of the cause, any former law, custom, or usage, to the contrary notwithstanding.

Sect. 7. Nothing in this act contained shall be so construed as to apply to any indictment or information already filed and now depending, or in any manner to repeal the act directing the mode of suing out and prosecuting writs of habeas corpus, or the act directing what prisoners shall be let to bail.

Sect. 8. All acts and parts of acts within the purview of this act are hereby repealed. [To commence the first of April, 1803.]

CHAP. IX.

(Sec 2 Rev. Code, ch. 41, p. 70.)

An act to amend the act, entitled, " An act to amend the penal laws of this commonwealth," and for other purposes, passed February first, 1804.

Sect. 1. Be it enacted by the general assembly, that the term of confinement in the penitentiary of every free person convicted of robbery, burglary, or horse stealing, or as accessory thereto, shall be not less than five years, nor more than ten years; and of every such person convicted of arson, (g) or as accessory thereto, shall be not less than ten years, nor more than twenty-one years.

Sect. 2. So much of the act, entitled, "An act to amend the penal laws of this commonwealth," (h) as directs an account to be kept between the public and each convict in the penitentiary, shall be and the same is hereby repealed; but it shall be hereafter in the discretion of the inspectors, on the discharge of any prisoner, to make him an allowance not exceeding thirty dollars, if, in their judgment, such prisoner shall have been industrious, and conducted himself in an orderly man

ner.

(g) Arson is now punishable with death. See act of 1804, ch. 5, sect. 8, p. 7. post, ch. 10. (h) See ant. ch. 1, sect. 32. By act of 1804, entitled, “An act allowing a claim to Edward Burgess, and for other purposes" (ch. 98, sect. 1, 2, p. 57.) the provisions of this act are declared not to extend to such prisoners as had created a debit against the commonwealth before the passing thero

Sect. 3. The trial of prisoners escaping from the penitentiary shall in future be had for such escape, before the district court holden in the city of Richmond;* and prisoners, so escaping, shall remain in the penitentiary, and be treated as other convicts, after their apprehension, until such trial shall take place; upon which trials, the copies of the records transmitted to the keeper of the penitentiary, relative to the former trials of such prisoners, shall be produced and filed of record in the said district court.

Sect. 4. All free persons, accused of petty larceny, shall be tried in the court of that county wherein such offence was committed, in the manner prescribed by the act, entitled, "An act to amend the several laws concerning the penitentiary;"† and upon conviction of an offender, he or she shall be punished by stripes, on his or her bare back, not less than ten, nor more than forty, for any one offence, or by confinement in the penitentiary house, for a term not less than eigh teen months, at the discretion of the jury before whom such person shall be tried.

Sect. 5. The inspectors of the penitentiary, the governor and council, and the attorney general, shall constitute a board, with full power to make such regulations for the internal government of the penitentiary, as may to them from time to time appear expedient, to which regulations the keeper and all the officers shall strictly conform. (i) [To commence the first of April, 1804.]

CHAP. X.

(See 1 Rev. Code, ch. 55, p. 79.)

An act further to amend the penal laws of this commonwealth, passed January twenty-ninth, 1805.

Sect. 1. Be it enacted by the general assembly, that the thirty-fourth section of an act, passed on the thirteenth day of November, in the year one thousand seven hundred and ninety-two, entitled, "An act directing the method of proceeding against free persons charged with certain crimes, declaring the mode of proceeding on indictments, informations and prosecutions, on penal statutes, and for preventing vexatious and malicious prosecutions, and moderating amercements,” (k) shall be, and the same hereby is repealed.

Sect. 2. All actions, suits, bills, indictments, or informations, which shall be had, brought, sued, or exhibited, upon any penal law, where the punishment to be inflicted upon the offender, on conviction, shall neither be death nor imprisonment in the jail and penitentiary house, shall be had, brought, sued, exhibited, or moved, within one year next after the offence committed, and not after; except where a longer or shorter time for the commencement of such suit or prosecution is, or shall be fixed by law.

* This power now devolves on the circuit court holden at Richmond. See 2 Rev. Code, ch. 121, sect. 9. p. 155.

+ Ant. ch. 7, sect. 3, 4.

(i) This clause repealed. See post. ch. 12, sect. 1.

(k) 1 Rev. Code, ch. 74, p. 106.

Sect. 3. Every indictment or information, for perjury, subornation of perjury, or such forgeries or publications thereof, as may not be punishable by death, or imprisonment in the jail or penitentiary house, shall be exhibited or moved within three years next after the time of committing the offence, and not after.

Sect. 4. If any person shall steal any hog, shoat, or pig, such person shall be adjudged to be guilty of petty larceny, and shall have the same trial and punishment, as in other cases of petty larceny. (1)

Sect. 5. If any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly act or assist in the false making, forging or counterfeiting, any bill or note of the bank of Virginia, with intention to defraud either the corporation of the president, directors and company of the bank of Virginia, or any person whatsoever; or shall pass or tender, or offer to pass or exchange, or shall cause or procure to be passed or tendered, or offered to be passed or exchanged, any such bill or note of the bank of Virginia, knowing the same to be false, forged or counterfeited, then every such person, being thereof lawfully convicted, shall be punished with confinement in the jail and penitentiary house, at hard labour, for not less than ten, nor more than twenty years. (m)

Sect. 6. In all prosecutions for offences under this act, the president, cashier and other officers of the said bank of Virginia, or either of its offices of discount and deposit, and all stockholders, shall be deemed and admitted as competent witnesses.

Sect 7. All and every person and persons, who shall at any time, either in the night or the day, maliciously, unlawfully and willingly, burn or set fire to any house or houses whatsoever, in a town, or shall aid, abet, assist, council, hire or command any person or persons to commit any of the said offences, being thereof lawfully convicted, and either of the said offences shall actually have been committed, shall be deemed guilty of felony, and shall suffer death as a felon.

Sect. 8. If any person shall commit arson, being thereof lawfully convicted, he shall be deemed guilty of felony, and shall suffer death.

Sect. 9. All and every person and persons, who shall at any time, cither in the night or the day, maliciously, unlawful y, and willingly, burn or set fire to any barn, stable, corn-house, tobacco-house, stack of wheat, barley, oats, corn, or other grain, or any stack of fodder, straw, or hay; or shall aid, abet, assist, counsel, hire, or command, any person or persons to commit any of the said offences, being thereof lawfully convicted, and either of the said offences shall actually have been committed, shall be deemed guilty of a misdemeanor, and shall be sentenced to undergo a confinement in the jail or penitentiary house, for any time not less than two, or more than five years; and shall, moreover, pay the full value of the property burnt or destroyed, to the owner or owners thereof.

Sect. 10. Whosoever shall voluntarily, and of purpose, slit the ear or lip of another, with intent to mark or disfigure such person, every

(1) See, as to the mode of trial for petty larceny, act of 1803 (2 Rev. Code, ch. 41, sect. 4, p. 70. ant, ch. 9.) act of 1802, 2 Rev. Code, ch. 21, sect. 3, 4, p. 24. ant. ch. 7.

(m) See act of 1806 (2 Rev. Code, ch. 91, p. 118. post. ch. 11.) the punishment for obtaining notes ar money from the bank, by means of forged checks or orders, or for counterfeiting the seal of the bank, or for committing thefts or robberies of bank notes.