The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1823-03-07


courts of this commonwealth, the aud
itor shall ba authorised and required ia
debit tile si1erlh or other collecting officer,
with the amount OF every execution, which,
by the said annual Iisl, shall appeal Ia have
been returHabe on or before ihe list day of
August Ia any year, hut shalt not have been
returned ia Ike manner, ~ it such ,xeeu-
ton were returned With effect and the
sherli, az other officer, shall be compelled
to account for, and pay the SAINT, as il now
provided ~ raises where such cxrcL .ous
ara returned with effect as afuresaid.--
The clerks Of the superior and inferior
courts, shal. embrace, IN their nekt annual
lists, oil SUCH executions as may have been
issued since the lsi day of January. l820,
and which shall not ba returned at the
period of transmitting such lists, rs well as
such as may be returned within the year
as now required by law aud, in all cases
hereafter, where, At the time of transmitting
the annual lists as aforesaid, executions
shall have been issued, aud shall not ho
retumabe on or before the last day of
August IN any year, the said clerks shall
embrace the same, in their nRxt SUI cCedua
lists. Ia all cases where no fines shall be
assessed or imposed within the yearending
the 5lst Of August, IL shall he the duty of
the clerks IL certify the fact TO the auditor,
under the same penalty, recoverable III the
same manner, which IS now imposed for the
failure TO transmit list of fines actually
imposed Qr assessed in their respective
courts. II the sheriff, or other collecting
officer, shall be compelled TO pay the
amount of any execution which shall be
charged 10 him under this act, aud II shall
afterwards appear by the return on such
execution, that nothing was received by
him thereon, il sllall be lawful for the
auditor to refund the money SO paid by
such sheriff or other collecting officer, by
warrant on the treasury. In all cases
where the sheriff, or other officer, shall
have received the costs or any part thereof,
III any prosecution for fines, he shall pay
10 the several persons entitled thereto,
their respective proportions thereof, and
on failure 80 la DO, he, and his securities,
or either of them, sind their representatives,
shat ba liable 10 motion, In a summary
way, ON ten days notice, in the court where
such prosecution may have been had : aud
where witnesses may hereafter attend in
behalf OF the commonwealth, IN cases of
mlsdemeanor or prosecutions for breaches
of penal laws, aud il shall appear that the
defendant Is acquitted, or by reason Of
Insolvency or other cause, no costs are
recovered, II shall be lawful for the auditor
To issue his warrant for, and on account of,
the attendance of such witnesses, the same
being duly certified by the clerks of the
respective courts. When, IN any cusc, IA
prosecution shall be instituted for breach
of any of the penal laws of this common
wealth, by any individual who may h
end0r4r AZ prosecutor, such individual
shall be answerable forall costs which may
accrue IN consequence oi such prosecution,
IN like manner as parties to civil actions
are now answesablc Provided always,
that the prosecutor shall, in no case, be
liable to pay costs where the defendant
or defendants shall have been found guilty.
81. An act concerning the pr0bat of willis
IN certain cases. According to this act, II
shall he lawful for any court, when viii
is produced to them for prohat, and any
witness attcsting the same shall appear 10
be IN confinement III Jail or IN prison rules,
upon any cttli process, IN any other county
or corporation of this commonwealth, to
ISSUE IN open court, commission or COM
missions annexed To such will, directed to
that county or corporation ia which such
confinement IS had, authorship aud reques.
ting the taking and certifying of the aucs-
tailon Ut such witness in SAID " Ill where
upon, IL shall be the duty of that court 10
cause said witness To lle brought before il
1 liISfnHN ni fhp Gh,rtH and sba
eyldcIce of his or her attestati0n, which
evidence shall BIZ catered of record in the
court where taken, and certified TO the court
from which the sad commission or com
missions issued shall b. received 10 c,.
dence Oh the question OF ppobat, aud have
Tie same elect as If il had been given per.
sq0ally by the witness IN the court from
whence such commission Issued. No last
vii AND TESTAMENT shall be good aud valid
10 pass any estate, right, tide or interest, in
possession, retrrsion or remainder, IN
lands, teuemcuts,o r Embellishments, or anuul-
ties or rents charged upon or issuing out
of them, unless such last VIII AMI tesla
mcnt be signed by the testalor or tcltatrix,
or by some other person ia his or her pre-
sence, aud by his Dr her direction, and,
moreover, if not wholly wrItlen by himself
or herself, be allestcdby two or more f,di-
bic witnesses subscribing their names IN
hs or her prcsrncc.
SO. An act, increasing The stock Of the
Lynchburg aud Salem Turnpike Company,
aud authorising the Board Of Public Works
10 subscribe for part Of the stock OF ihat
company.
8l. An act, farther TO amend the several
laws concerning the appointment Of har-
bormastcrs, aud declaring their duties.
%. An act appointing commissioners to
open, and keep in relelir, a road from
Turks run, in the county of Augusta, n
cross the south mountain, at Germans
Gap, 10 Moorman'a river ia the county OF