CHAP. 32.--An ACT changing the line between the 75th and 130th regiments of Virginia militia. (Passed January 23, 1838.) tween 75th and 1. Be it enacted by the general assembly, That the line as here- Dividing line botofore existing between the seventy-fifth and one hundred and thir- 130th regiments. tieth regiments of Virginia militia be so altered that the line between the counties of Montgomery and Floyd be made the line between said regiments. in bounds to be 2. And be it further enacted, That that portion of militia re- Residents of siding in the county of Montgomery who were heretofore enrolled Montgomery with in the one hundred and thirtieth regiment, shall hereafter be en- enrolled in 75th rolled in the seventy-fifth regiment, and shall be exempt from all pains and penalties for failing to perform militia duty in the said one hundred and thirtieth regimeut. 3. This act shall be in force from its passage. CHAP. 33.-An ACT appointing the places of training of the officers of the 139th and 104th regiments. (Passed March 19, 1838.) regiment. Commencement. cers of 139th re 1. Be it enacted by the general assembly, That the training of Trainings of offithe officers of the one hundred and thirty-ninth regiment of Vir-giment, where ginia militia in the county of Randolph, shall hereafter be held at and when. the place of the regimental muster of the said regiment; the times of the said training to be appointed by the commandant of the said regiment, and the same to be conducted in the like manner as if held at the courthouse of the county. 104th regiment, 2. Be it further enacted, That the training of the officers of the Trainings for one hundred and fourth regiment of Virginia militia in the county where and when. of Preston, shall hereafter be held at the town of Brandonville in said county; the time of the said training to be appointed by the commandant of the said regiment, and the same to be governed and conducted in the like manner as if held at the courthouse of said county. 3. This act shall be in force from the passing thereof. CHAP. 34.-An ACT concerning certain volunteer companies of the fourth regiment of Virginia militia. (Passed April 7, 1838.) Commencement. Whereas it appears to the general assembly that the colonel com- Preamble. mandant of the fourth regiment of Virginia militia, upon the requisition of the sheriff of Ohio county, made on the fifth day of June, eighteen hundred and thirty-six, ordered into service the Wheeling guards, the City blues, and the Wheeling riflemen, three infantry companies attached to said regiment, and that said companies did continue in actual service from the fifth to the fifteenth day of August, eighteen hundred and thirty-six, in guarding the jail and protecting the persons and property of the citizens of said county, for which it is right that they should receive the usual pay of the militia when in actual service: for guarding Ohio 1. Be it therefore enacted, That the auditor of public accounts Wheeling volunis hereby authorized and required to issue and deliver to the colonel teers allowed pay of said regiment, or his order, a warrant upon the treasury for the jail. sum of one thousand and ninety-nine dollars, payable out of any money therein not otherwise appropriated: Provided, That the auditor shall first take bond with good security, in the penalty of two How to be distributed. Commencement. Mileage of mem fied. thousand dollars, payable to the governor or chief magistrate of this commonwealth, conditioned for the faithful distribution of the said sum of money as hereinafter directed. 2. Be it further enacted, That the said colonel of the said regiment shall distribute the said sum of money between the said three companies in proportion to the number of officers and privates employed in each company, and shall pay the same into the treasury of each company for the use and benefit of said companies. 3. This act shall be in force from the passing thereof. CHAP. 35.--An ACT regulating the mileage of members of the general assembly, and for other purposes. (Passed April 6, 1338) 1. Be it enacted by the general assembly, That the members of bers of assembly. the senate and house of delegates shall be entitled to and receive for travelling to and from the seat of government, at the rate of four dollars for every twenty miles; the number of miles to be computed from the courthouses of the counties in which the said members respectively reside, to the seat of government, and until otherwise Distances speci- prescribed by law, shall be as follows: The county of Accomack two hundred and sixteen miles, Albemarle eighty miles, Alleghany two hundred, Amelia forty-seven, Amherst one hundred and thirtysix, Augusta one hundred and twenty-one, Bath one hundred and seventy-five, Bedford one hundred and forty-five, Berkeley one hundred and seventy, Botetourt one hundred and sixty-seven, Braxton three hundred and eighteen, Lewis two hundred and ninety-five, Brooke three hundred and seventy-three, Brunswick sixty-nine, Buckingham eighty, Cabell three hundred and sixty-three, Campbell one hundred and twenty, Caroline forty-four, Charles City thirty, New Kent thirty, Charlotte one hundred, Chesterfield fourteen, Clarke one hundred and forty-six, Warren one hundred and forty, Culpeper one hundred, Cumberland fifty-five, Dinwiddie forty, Elizabeth City ninety-six, Warwick eighty-one, Essex fifty, Fairfax one hundred and twenty-nine, Fauquier one hundred and seven, Fayette two hundred and eighty-five, Nicholas two hundred and eighty-five, Fluvanna fifty-nine, Floyd two hundred and twentyfive, Franklin one hundred and eighty-five, Frederick one hundred and fifty, Giles two hundred and fifty, Mercer two hundred and seventy, Greene ninety, Gloucester eighty, Goochland twenty-eight, Grayson two hundred and eighty, Greenbrier two hundred and twenty-one, Greensville sixty-three, Halifax one hundred and thirty, Hampshire two hundred, Hanover twenty, Hardy two hundred and eighteen, Harrison two hundred and ninety-five, Henry two hundred, Isle of Wight ninety, James City sixty, York seventy-two, Williamsburg sixty, Jefferson one hundred and sixty, Kanawha three hundred and twenty-five, King & Queen forty, King George eightythree, King William twenty-seven, Lancaster ninety, Richmond sixty, Lee four hundred and five, Logan three hundred and twentyfour, Loudoun one hundred and fifty, Louisa fifty-four, Lunenburg seventy-five, Madison one hundred, Marshall three hundred and fifty, Mathews one hundred, Middlesex eighty-three, Mason three hundred and eighty, Jackson three hundred and sixty-two, Mecklenburg one hundred and ten, Monongalia three hundred, Monroe two hundred and twenty-three, Montgomery two hundred and fif teen, Morgan one hundred eighty-six, Nansemond one hundred and two, Nelson one hundred and ten, Norfolk borough one hundred and sixteen, Norfolk county one hundred and sixteen, Northampton one hundred and seventy-four, Northumberland eighty-five, Nottoway sixty, Ohio three hundred and fifty-seven, Orange eighty, Page one hundred and forty, Patrick two hundred and thirty-five, Pendleton one hundred and seventy, Petersburg twenty-two, Pittsylvania one hundred and sixty, Pocahontas two hundred, Powhatan thirty-two, Preston two hundred and seventy, Prince Edward eighty, Princess Anne one hundred and thirty-seven, Prince George thirty, Prince William one hundred and two, Randolph two hundred and forty-five, Rappahannock one hundred and twenty-five, Rockbridge one hundred and fifty-six, Rockingham one hundred and thirty, Russell three hundred and thirty-two, Scott three hundred and seventy, Shenandoah one hundred and sixty, Smyth two hundred and eighty-six, Southampton seventy-five, Spottsylvania seventy, Stafford seventy-three, Surry sixty-seven, Sussex fifty, Tazewell three hundred, Tyler three hundred and thirty-seven, Washington three hundred and nine, Westmoreland seventy, Wood three hundred and seventy, and Wythe two hundred and fifty-seven miles. And when Mileage how comany member shall reside nearer to or further from the city of Rich- puted for members mond than the courthouse of his county may be, he shall state to nearer than courtthe clerk of the house of which he is a member, the true difference between such distances, and the same shall be added to or deducted from the mileage herein before mentioned, as the case may be. residing beyond or houses. other place than 2. Be it further enacted, That whenever the general assembly How computed to shall be required to meet at, or shall adjourn to any other place Richmond. than the seat of government, the mileage allowed said members shall be computed from the respective courthouses in the counties in which they reside, to the place at which they are so required, or shall have been adjourned to meet, according to the nearest ascertained mail route between the points so designated. 3. Be it further enacted, That whenever hereafter new counties Distances for new shall be created, the mileage allowed the member representing said counties comcounty, or election district to which said county is attached, shall be computed in the manner prescribed in the second section of this act. puted. &c. disallowed. 4. Be it further enacted, That the sum so allowed for mileage, Ferriages, tolls, shall be considered as including all ferriages, tolls and other charges, and no other or greater sum shall be allowed or received than is herein specified or provided for. and other officers. 5. Be it further enacted, That in the allowance of mileage to Mileage of judges the judges of the general court, for travelling to that court, and in all other cases in which it may be lawful to allow mileage to any other person for travelling or conveying prisoners to the city of Richmond, the auditor shall be governed by the distances herein prescribed for the allowance of mileage to the members of the general assembly. 6. This act shall be in force from the passage thereof. CHAP. 36.-An ACT to amend an act, entitled, "an act concerning general elections in this commonwealth. (Passed March 19, 1838.) Commencement. superintendents of 1. Be it enacted by the general assembly, That the sheriff or de- Who to qualify puty sheriff appointed to conduct a separate election in any county elections. of this commonwealth shall be, and he is hereby authorized to ad Penalty on returning officers for minister the oath or affirmation prescribed by law to the superintendents or cominissioners appointed to superintend such separate election before they enter upon the duties enjoined upon them by law." 66 2. Be it further enacted, That if any sheriff, deputy sheriff, withholding polls. mayor, recorder or other returning officer of elections designated in an act, entitled, an act concerning general elections in this commonwealth," passed April second, eighteen hundred and thirtyone, shall wilfully and corruptly withhold the polls which he is required by law to return in any election which may be hereafter held in this commonwealth, in addition to the penalty imposed by the fifty-seventh section of the act aforesaid, shall be guilty of a misdemeanor, punishable by fine not less than five hundred dollars, and by imprisonment not less than six months, to be ascertained by a jury in a prosecution by information or indictment to be instituted in any court of record in the county of which the polls or any part thereof are so withheld. Commencement. Separate elections in Amelia. Rules and regalations. 3. This act shall be in force from its passage. CHAP. 37.—An ACT to authorize two separate elections in the county of (Passed March 8, 1838.) 1. Be it enacted by the general assembly, That whenever hereafter an election shall be holden in the county of Amelia, in which all the lawful voters of the county are required to vote, there shall be at the same time a separate poll opened for such election at the old tavern house owned by John T. Jeter, at Painville, in the upper end of said county; and also, there shall be at the same time one other poll opened for such election at the tavern house of doctor Benjamin C. Jones, at the place known as the Cross Roads, in the lower end of said county. "" an 2. Be it further enacted, That the said separate polls shall be conducted according to, and all persons concerned therein governed Sup. Code, pp. 98. by, the rules and regulations prescribed by the act, entitled, 129; acts: 18423, act concerning general elections in this commonwealth," passed the 59; 1834 5, p. 26; second day of April, eighteen hundred and thirty-one, and all subsequent acts and parts of acts concerning general elections in this commonwealth. p. 27; 1833 4, p 1836 7, p. 23; ante, ch. 36. 3. This act shall be in force from its passage. CHAP. 38.-An ACT to change the place of holding a separate election in the county of Fauquier. 1. Be it enacted by the general assembly, That the separate poll authorized to be holden at the house now the residence of J. W. Bronaugh, in the town of Upperville, in the county of Fauquier, shall hereafter be holden at the house now occupied by Mrs. Catlett as a tavern in said town; and should said house hereafter be occupied as a private residence, then the said separate poll shall be holden at such other house in said town as the commissioners appointed to superintend the election shall designate, at least ten days previous to any election. 2. Be it further enacted, That the said separate poll, the place of holding which is so changed, shall be conducted as heretofore 120; acts 1832-3, prescribed by the act, entitled, "an act concerning general elec- Sup. Code, pp. 98tions in this commonwealth," passed the second day of April, eigh- p. 27, 1833-4, p. teen hundred and thirty-one, and all subsequent acts and parts of 59; 1834 5, p 26; acts concerning general elections in this commonwealth. 3. This act shall be in force from the passing thereof. CHAP. 39.-An ACT to change the place of holding a separate election in the county of Giles. (Passed February 8, 1838.) 1836-7, p. 23; ante, ch 36. Commencement. 1. Be it enacted by the general assembly, That the separate poll Separate election in Giles changed. now authorized to be holden at the house of John and Joseph Kirk, on Walker's creek in the county of Giles, shall hereafter be holden at the house of George D. Hoge, in the town of Mechanicksburg in said county. tions. 120; acts 1832 3, 2. Be it further enacted, That the said separate poll shall be Rules and regulaconducted according to, and all persons concerned therein governed by, the rules and regulations prescribed by the act, entitled, "an Sup. Code, pp. 98act concerning general elections in this commonwealth," passed the p 27; 1833-4, p. second day of April, eighteen hundred and thirty-one, and all sub- 59; 1834-5, p. 26; sequent acts and parts of acts concerning general elections in this ch. 36 commonwealth. 1836-7, p. 23; ante, 3. This act shall be in force from and after the passing thereof. Commencement. CHAP. 40.-An ACT to authorize a separate election at Glenn's, in the county of Gloucester. (Passed April 4, 1838.) established in 1. Be it enacted by the general assembly, That whenever here- Separate election after an election shall be holden in the county of Gloucester, in Gloucester. which all the lawful voters of the county are required to vote, there shall be at the same time a separate poll opened for such election at the place called Glenn's, in the house now occupied as a storehouse by Robert C. Owen, in said county. 66 tions. 2. Be it further enacted, That the said separate poll shall be Rules and regulaconducted according to, and all persons concerned therein governed by, the rules and regulations prescribed by the act, entitled, an Sup. Code, pp. 98act concerning general elections in this commonwealth," passed the 20; acts 18:32-3, p. 27; 1833 4, p. second day of April, eighteen hundred and thirty-one, and all sub- 59; 1834-5, p. 26; sequent acts and parts of acts concerning general elections in this ch. 36. commonwealth. 3. This act shall be in force from its passage. CHAP. 41.-An ACT to authorize a separate election at Frankfort in the county of Greenbrier. (Passed February 21, 1838.) 1836 7, p. 23; ante, Commencement. in Greenbrier es 1. Be it enacted by the general assembly, That whenever here- Separate election after an election shall be holden in the county of Greenbrier, in tablished." which all the lawful voters of the county are required to vote, there shall be, at the same time, a separate poll opened for such election, at the tavern house of Joseph W. Pinnell, situate in the town of Frankfort in said county. tions. 2. Be it further enacted, That the said separate poll shall be Rules and regulaconducted according to, and all persons concerned therein governed by, the rules and regulations prescribed by the act, entitled, an Sup. Code, pp. 98act concerning general elections in this commonwealth," passed the p. 27; 1833-4, p. 66 120; acts 1832 3, |