Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-05

perils enonatng from The measures of the Nuiifers
Who would have believed few years ago, that such
clause would ever have been necessary, a policy in
curing vessels trading from port another own
happy land? But 80 ii is!'
The following correct copy OF the Rcplerin Act Just
passed by the Legislature. amended in the Seuatc
AN ACT
TO carry into effect in part, am Ordinance to Nuify GER
tain Acts oil the Congress of the United States pupor
ing TO be laws laying duties importation foreign
commodities passed in Convention oil this State at CO.
lunbta, ON the 2ith day OF November, in the year of
our Lord one thousand, eight hundred and birty-two.
WHEREAS, by the said Ordinances il is declared and
ordained 'that the several and parts of Acts Of the
Congress oil The United States, purpong be laws for
the imposing Of duties and imports on tho importation of
cregn commodities and having actual operation and
effect within the United States especially an act
entitled an Act i'll alteration of the several imposing
duties on imports approved the nineteenth day OF Nav
one thousand eight hundred and eight; and
act entitled an act to alter and amend the several acts i'm
posing duties IMPORTS approved the fourteenth day
oil jury, one thousand eight hundred and thirty two are
unauthorized by the Constitution of the United States and
violate the true meaning and intent thereof and are null
ana VOID, and no law, nor binding upon this State, eff.
citizens And whereas also by the said Orli.
nance it is ordained that shall be the duty of the epis
ature TO adopt such measures pass such Acts as NAV
be necessary TO give full effect that Ordinance and 10
prevent the enforcement and the operation of the
said Acts and parts OF Acts OF the Congress Of the United
States, within the limits OF this State from after the
first day of February next now, FORE TO carry into
effect in part, the said Ordinance,
Sec. l. BE it enacted on the Senate and House OF
Representatives., 1,oo met and sitting IN General Assem-
0 ana 6y the authority Of the same, That from and af.
ter the first Monday in February next if any goods
wares merchandise, shall be seized detained under
pretence OF securing the duties imposed by any of the
said several Acts of Acts the Congress of the
United States so annulled by the Ordinance aforesaid
or Tor TIC n-payment OF any such duties under any
process order decree, mesne, final other prete
contrary to the true intent meaning of the said Oi-
nance, the person persons 10 whom the said goods
wares or merchandise consigned who may be law
FULLY entitled TO the possession of the same nav upon
making affidavit OF such seizure detention proceed to
recover possession thereof and damages by re-
pevn aud the proceedings therein, shall be as in other
cases OF repevin according the laws usages of this
STATE, except modified altered by this Act or such
person may any other manner auho.
rsed by law in cases OF unlawful seizure detention oil
personal property.
Sec. 2. Be ii further enacted That before tbe Sheriff
snail deliver the said goods 10 the plaintiff replevin il
snai be his duty TO take from the said planli bond
WIN good and sufficient security i'm the penal sum of the
In value OF the said goods, with the condition he
will prosecute the said suit with effect will well and
truly abide and fulfil the final judgment and determination
of the Court therein.
Sec o. BE further enacted, That in case of refusal
10 deliver the said goods OF removal of the any
way, that the writ of replevin cannot be execute IN
the return OF the Sheriff that effect and an affidavit made
before any Justice OF the Quorum the said goods had
oeeh seized and detained and OF the refusal deliver the
same or that the had been as aforesaid and
OF The value thereo the plaintiff in repevn NAV sue out
wth the nature OF capias in withernam, authorizing
and requiring the Shero any of the districts of this State
10 me personal estate OF the person persons
refusing TO deliver the said goods removing the same
hat me said process cannot be executed And the Sheriff
snail thereuPon seize and take his any
ona estate OF the defendant defendants to the amount
OF double the value sworn as aforesaid and hold the
same at the proper expense the owner or owners
Of until the said goods are produced and delivered TO The
said Sheriff Provided, That nothing i'm This clause con-
anea stall be in any manner construed TO deprive the
oheH oil any right and power which he has by law in
the execution OF the writ of replevin
Sec BE At further enacted, That it, after the deli
very oil The said goods by the Sheriff the Plaintiff i'm re-
pevin, attempt should made to re or TO seize
the same or the same should be actually re- captured or
seZed under the pretence of securing the duties
oy any oil The several Acts Of Congress aforesaid on for
the nonpaym9nt OF any such duties under any process
ouer or Decree or other pretex contrary the
tent and meaning OF the Ordinance IL sha he
the duty of the Sheriff. affidavit made to that effect 10
prevent such re-capture seizure to edever the
goods to the Plaintiff in rcplevin, the may be- and
the Sheriff shall have the power and authority for
that purpose as lie had in the original execution Of The
writ of repevn.
See o. BE further enacted By The outhoritv afoye-
s0d That any person shall pay any of the duties i'm
posed by either of the of Congress aforesaid the
son SO paying may back the same oge her wi
he interest thereon, IN an action for money had
ceved IN any Court OF competent jurisdiction provided
that such action be brought within year from the time
OF said payment.
Sec g. BE IL further enacted, 6y the duhorify afoye
sad That any shall be arrested or imprisoned
by virtue oil any order execution for the enforcement
satisfaction oil any Judgment decree obtained i'm any
Feueai Cou Tor duties claimed under the of
gress so annued aforesaid, upon any other pro-
ceedng, contrary 10 the true intent and meaning of the
said Ordinance he shall be entitled all the benefits and
privileges secured to the citizen in case of arrest
or imprisonment by the statute made OF force in this State
commonly called the Habeas Corpus act and he NAV
also maintain an action for such unlawful arrest or i'm
prisonment- "
Sec a. BE uJurther enacted by the authority afore-
Sud mat any real or personal Of any person
shall seized or levied sold by virtue of any en
iacas or Other process for the enforcement satisfaction
OF any Judgment decree obtained in any Federal Court
Tor duties claimed under the of Congress SO annued
as Aforesaid such seizure levy sale shall be held and
garded IN the courts of this State illegal and such sale
SHALL III no wise diyest, any manner impair the tie
OF The Defendant in such suit action to the
thus sold. ~ >
Sec. g. BE further enacted That if any Clerk Com
missioner Master or Register, shall furnish record or
copy oil record III this Office, of in law edui-
w. wherein IS drawn in question the authority of said Or
dnance or the validity OF the acts Of the Legislature
to give effect thereto the validity of the said acts d
such record to be taken Ter any purpose he shall be guilty
oil nisdeneanour and upon conviction thereof be nun.
sed by hne not exceeding thousand nor less than one
hundred dollars, and by imprisonment not exceeding one
year nor less than month.
sec D. ne HJWther enacted, That if any person shall
d'sobey osruc or resist any process granted or allowed
by this act, shall eoign secrete or wuIy remove anV
gooIs, wares or merchandise do other as Il
prevent the same from being repevied according TO the
provisions OF the first section Of this act such person. his
aiders anu abeors shall be guilty of misdemeanor and
upon conviction thereof shall be punished by fine not
ceedog i've thousand dollars, than one thousand
dollars, aud be imprisoned for exceeding two
years. nor less than six months besides being liable 10
dlctne, or other proceeding allowed by law, for any
other offence involved in the commission of said INSIDE
meanor.
Sec 10. be 10 further enacted, That should any per
son. AFTER the delivery Of any goods by the Sheriff to the
P'anh IN rePevin herein provided capture or seize
or attempt to recapue sciZc the same under prefence
OF securing the duties imposed by the several acts
oil Congress, said for the of any
such dues or under process order decree
pretex contrary TO the intent aud meaning of the
uNN -