USA > Washington DC > Washington DC > A new and comprehensive gazetteer of Virginia, and the District of Columbia > Part 69
USA > Virginia > A new and comprehensive gazetteer of Virginia, and the District of Columbia > Part 69
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3d-Is composed of Powhatan, Amelia, Chesterfield, Goochland and Nottoway.
4th -- Is composed of Brunswick, Lunenburg, Mecklenburg and Dinwiddie.
5th-Is composed of Prince Edward, Charlotte, Buckingham and Cumberland.
.. 6th-Is composed of Campbell, Halifax, and Pittsylvania.
7th-Is composed of Franklin, Bedford, Patrick and Henry.
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District 8th-Is composed of York, Mathews, James City, Gloucester, Warwick, Accomac, Northampton and the City of Wil- liamsburg.
9th -- Is composed of Essex, Caroline, King and Queen, King William and Middlesex.
10th -= Is composed of Westmoreland, Richmond, Lancaster, Nor- thumberland, King George, Stafford and Prince William.
11th-Is composed of Henrico, Charles City, Hanover, City of Richmond and New Kent.
". 12th-Is composed of Albemarle, Nelson, Fluvanna, Louisa and Amherst.
" 13th-Is composed of Spottsylvania, Culpeper, Rappahannock, Madison and Orange.
14th-Is composed of Loudoun, Fauquier and Fairfax.
15th-Is composed of Morgan, Jefferson, Berkley, Hampshire and Frederick.
16th-Is composed of Rockingham, Shenandoah, Page, Hardy, Pen- dleton and Bath.
17th-Is composed of Rockbridge, Augusta, Alleghany, Botetourt, Montgomery and Floyd.
18th-Is composed of Wythe, Washington, Grayson, Scott, Lee, Smyth, Tazewell and Russell.
19th-Is composed of Fayette, Nicholas, Greenbrier, Monroe, Giles, Logan, Kanawha and Cabell.
20th -- Is composed of Harrison, Lewis, Wood, Mason, Jackson, Randolph and Pocahontas.
21st-Is composed of Monongalia, Preston, Tyler, Ohio and Brooke.
ELECTORAL DISTRICTS.
By act of Assembly, 1833, this state was divided into twenty-three Elec- toral Districts -- to provide for the appointment of Electors to choose a Pre- sident and Vice-President of the United States, and are as follows, viz:
District 1st-Norfolk, Princess Anne, Nansemond, the borough of Nor- folk, Elizabeth City and the Isle of Wight, shall form one district.
2d -- The counties of Sussex, Southampton, Surry, Prince George, Greensville, and the town of Petersburg, shall form another district.
- 3d -- The counties of Powhatan, Amelia, Chesterfield, Goochland and Nottoway, shall form another district.
= 4th-The counties of Brunswick, Lunenburg, Mecklenburg and Dinwiddie, shall form another district.
5th -- The counties of Prince Edward, Charlotte, Buckingham. Cumberland and Fluvanna, shall form another district.
6th-The counties of Halifax, Campbell and Bedford, shall form unother district.
7th-The counties of Pittsylvania, Franklin, Henry and Patrick, shall form another district.
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District 8th-The counties' of York, Mathews, James City, Gloucester, Warwick, Accomack and Northampton, shall form another district.
. 9th-The counties of King & Queen, King William, Essex, Ca- = roline and Middlesex, shall form another district.
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" 10th-The counties of Westmoreland, Richmond, Lancaster, Nor- thumberland, King George, Stafford and Prince William, shall form another district.
11th-The counties of Henrico, Charles City, Hanover, New Kent, and the City of Richmond, shall form another district.
12th-The counties of. Albemarle, Nelson, Louisa and Amherst, shall form another district.
" - 13th-The counties of Spottsylvania, Culpeper, Rappahannock, Madison and Orange, shall form another district.
. " 14th-The counties of Fauquier, Loudoun and Fairfax, shall form another district.
. .. 15th-The counties of Jefferson, Berkley, Morgan and Hampshire shall form another district.
16th-The counties of Frederick, Shenandoah and Page, shall form another district.
. 17th-The counties of Hardy, Preston, Randolph, Pendleton and Rockingham, shall form another district.
. 18th-The counties of Augusta, Rockbridge, Bath and Alleghany, shall form another district.
19th-The counties of Greenbrier, Nicholas, Pocahontas, Fayette and Monroe, shall form another district.
20th-The counties of Botetourt, Giles, Montgomery, Grayson, Floyd and Wythe, shall form another district.
21st-The counties of Washington, Tazewell, Russell, Scott, Lee and Smyth, shall form another district.
.: . 4 22d-The counties of Kanawha, Mason, Cabell, Logan, Lewis, Harrison and Jackson, shall form another district.
23d-The counties of Brooke, Ohio, Tyler, Monongalia and Wood, shall form another district.
.. 2. Be it further enacted, That the elections for president and vice-presi-
, dent of the United States shall be held and conducted in all respects, accord- ing to the provisions of the said act to provide for the appointment of elec- tors to choose a president and vice-president of the United States, passed at the last session of the general assembly: Provided only, That the voters in said elections shall each vote for twenty three electors, which number shall be composed of one person from cach electoral districts, as arranged by this act.
3. Be it further enacted, That if the exccutive of this commonwealth shall fail to appoint commissioners to conduct the election of electors of pre- sident and vice-president within any county or corporation of this common- wealth, or if no one of the said commissioners so appointed, should attend at the time and place prescribed by law, then it shall and may be lawful for any two justices of the peace of the county within which the election is to be holden; to conduct the said election, and to make returns thereof in' the same manner as if they had been regularly appointed and commissioned for that purpose by the executive of this commonwealth: Provided, how- ever, That the said justices of the peace shall take the oath prescribed by
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law for commissioners appointed by the executive for conducting such elec- tion, before they shall be authorized to perform the duties prescribed by this . act.
VIRGINIA ELECTION LAWS.
" THE election of delegates, and of the eight senators for' one of the four classes of senatorial districts, in the room of those who will be annually dis- . placed, shall be held in the several counties, cities, towns and boroughs on ' their respective court days in the month of April of every future year.
2. No elector shall vote more than once for any senator in the same district, at any one election.
3. Every white male citizen of this commonwealth resident therein, aged twenty-one years and upwards (other than such as have refused to give as- surance of fidelity to the commonwealth) being possessed, or whose tenant for years, at will or at sufferance is possessed of twenty-five acres of land, with a house, the superficial content of the foundation whereof is twelve feet square, or equal to that quantity, and a plantation thereon ; or fifty acres of unimproved land; or a lot or part of a lot of land in a city or town estab- lished by act of general assembly, with a house thereon of the like super- ficial content or quantity, having in such land an estate of freehold at the: least, and (unless the title shall have come to him by descent, devise, mar- riage or marriage settlement) having been so possessed six months, shall be qualified to vote for delegates to serve in general assembly, for the county, city, town, borough or election district respectively, in which the land lieth. If the fifty acres of land, being one entire parcel, lie in several counties, the holder shall vote in that county wherein the greater part of the land lieth only; and if the twenty-five acres of land, being one entire parcel lie in sev- eral counties, the holder shall vote in that county wherein the house stand- eth only. In right of land held by parceners, joint tenants, or tenants in common, qualified to exercise the right of suffrage according to the former constitution and laws, but one vote shall be given by all the holders capable of voting, who may be present, and agree to vote for the same candidate or candidates, unless the quantity of land, in case partition had been made thereof, be sufficient to entitle every holder present to vote separately ; or unless some one or more of the holders may lawfully vote in right of another estate or estates in the same county ; in which case, the others may vote, if holding solely, they might have voted.
4. Every white male citizen of the commonwealth, resident therein, aged twenty-one years and upwards, being qualified to exercise the right of suf- frage, according to the fourteenth section of the third article of the constitu- tion, shall be qualified to vote for members of the general assembly, in the manner therein prescribed. If the land in the said constitution mentioned and referred to, being one entire parcel, lie in several counties, and be in- sufficient in value to entitle the person interested therein to vote in all the said counties, such person, whether he be possessed of an estate of freehold or leasehold; whether he be tenant in common, joint tenant or parcener, shall vote in that county wherein the greater part of the land lieth only; and any citizen claiming the right to vote, in consequence of being entitled to a reversion, or vested remainder in fee, expectant on an estate for life.or
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lives, in land, which, being one entire parcel, may happen to lie in several counties, and be insufficient in value to entitle such citizen to vote in all the said counties, shall vote in that county wherein the greater part of the land lieth only. In case of two or more tenants in common, joint tenants or par . ceners, in possession, reversion or remainder, having an interest in land, the value whereof shall be insufficient to entitle them all to vote, and who, not being qualified to exercise the right of suffrage, according to the former constitution and laws, have had that right conferred upon them by the pre- sent constitution, their vote or votes shall in such case be given in manner following, that is to say : if the value of land be sufficient to entitle them to one vote only, the same shall be given by all the said tenants in common, joint tenants or parceners, capable of voting, who may be present, and agree to vote for the same candidate or candidates. Ifthe value of the land be suf- ficient to entitle them to more than one vote, the votes to which they are en- titled, shall be given by all the said tenants in common, joint tenants or par- cener's, capable of voting, who may be present, and agree as to the candi- date or candidates to whom the said votes shall be given. No one of any number of such tenants in common, joint tenants or parceners, shall give more than one vote at the same election ; nor shall any greater number of votes be given by such tenants in common, joint tentants or parceners, than the value of the undivided land held by them may entitle them to give, ac- cording to the constitution. When a vote or votes shall have been given as aforesaid, by such tenants in common, joint tenants or parceners, the whole of the said tenants in common, joint tenants and parceners, not having been present, and not having agreed to the said vote or votes, if he or they, who were absent at the giving of the said vote or votes, should afterwards appear at the said election, before the taking of the votes is at an end, and to the of- ficer conducting the said election, object to the said votes as given, the same shall be stricken from the poll. When an election shall be held at differ- ent places in the same county, and such tenants in common, joint tenants or parceners, entitled to only one vote, shall be polled at different places, and for a different candidate or candidates, their votes shall be stricken from the poll. When an election shall be held at different places in the same coun- ty, and such tenants in common, joint tenants or parceners, entitled to give more votes than one, shall give their votes at different places, and in oppo- sition to each other, the said votes shall be stricken from the poll, if it shall appear that all the said tenants in common, joint tenants or parceners, did not agree, before such votes were polled, to whom they should be given. In case of two or more of such tenants in common, joint tenants or parce- ners in possession, reversion or remainder, having interest in land, the va- lue whereof shall be insufficient to entitle them all to vote, if some one of more of them may lawfully vote in right of another estate or estates in the same county, the others may vote in the same manner as if he or they, holding such other estate or estates in the same county, had no interest whatever in the undivded land belonging to the said tenants in common, joint tenants or parceners.
5. If any person shall vote a second time at any election for members of general assembly ; or if any person shall claim and exercise the right of suf. frage, in consequence of having paid a part of the revenue of the common- wealth, with which he may have been, by his own procurement, falsely as- sessed; each and every such person shall, for his offence, forfeit and pay to the commonwealth, for the benefit of the literary fund, the sum of thirty three
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dollars thirty-three cents, recoverable by motion in the superior or inferior. court of law held for the county, city, town or borough, in which the offence is committed, in the name and on behalf of the president and directors of the literary fund, provided ten days notice shall have been given of such motion.
6. Every elector going to, abiding at, and returning from, an election; shall be privileged from arrest one day for every twenty miles he shall ne- cessarily travel, exclusive of the day of election; and any process, against such elector, executed during such privilege, shall be void.
7. And it shall be the duty of the sheriff or other officer conducting such. election, not to enter on the poll the vote of any person who may offer to vote, unless he believes such person to be qualified to vote, or unless such person shall take an oath, which the said sheriff or other officer conducting said election, is hereby authorised to administer, or make solemn affirma- tion before the said sheriff or other officer conducting the said election, in this form: " I, A. B. do swear, (or do solemnly affirm, as the case may be,) that I do in my conscience believe myself to be duly qualified to vote for a delegate or delegates for the county, city, town, borough, or election district of , or for a senator for the district of which the county, city, town, borough, or election district of is a part, to serve in the general. as- sembly of this commonwealth : So help me God." Of which oath or affir- mation, a note shall be made in the poll book opposite, and referring to, the name of the person swearing or affirming. The making such oath or af -. firmation, or any other oath or affirmation by this act required, falsely, shall be perjury.
8. In the case of an election of a delegate or delegates for a county, city, town, or borough, the candidate or candidatrs appearing to have the greatest number of votes, shall be considered elected; or when the greatest number of votes for several candidates, if it be an election of a delegate or delegates for a county, city, town or borough, shall be equal to one another, the she- riff or other officer who conducted the election at the court house, may and shall declare which of the candidates he will elect, notwithstanding his vote as an elector may have been previously entered on the poll.
9. The officers conducting elections at the court-house of each county, city, town, or borough, within the senatorial districts of this commonwealth, shall meet at the times and places herein above directed, and from the said polls of their respective counties, cities, towns. and boroughs, shall certify as the senator elected, the man who shall have the greatest number of votes in the whole district; and if the greatest number of votes for several persons to be a senator be equal to one another, and the votes of the returning offi- cers be equal also, it shall be decided by a lot taken by such returning offl- cers at their said meeting; a copy of which certificate shall be forthwith set up by them at the front door of the court-house of the county, city, town, or. borough, at which their said meeting may be held, informing the public of. . the name of the senator elected in manner aforesaid; and another copy. thereof shall be by them delivered to the clerk of the said county, city, town, or borough, to be by him safely kept and preserved in his office; and the. said clerk shall suffer any candidate or elector, at any time, to take a copy thereof.
10. No elcetor shall be admitted to a poll a second time nt one and the same election, although at the first time he shall not have voted for as many candidates as by law he might have voted for. If the electors, who appear, be so numerous, that they cannot all be polled before sun-setting; or if by rain or rise of water courses, many of the electors may have been hindered
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from attending, the sheriff, or under sheriff, or other proper officer conduct- ing such election at the court-house, and the superintendents of any sepa- rate poll, (if such cause shall exist at any separate poll, for the adjournment thereof,) may and shall, by request of any one or more of the candidates or their agents, adjourn the proceeding on the poll until the next day, and so from day to day, for three days, (Sundays excluded,) giving public notice thereof by proclamation, at the door of the court-house or other place of holding such election, and shall, on the last day of the election, conclude the poll according to the directions aforesaid; but if the poll to be held at any such election, is not closed on the first day, the same shall be kept open two days thereafter,
11. In all cases whatsoever, where by law the sheriff is directed to hold an election, in case of the death of the said sheriff, or other officer, whose duty it shall be to conduct such election, or where there shall be no such officer, the senior magistrate, and in his absence, inability, or incapacity, by being a candidate, the second, and so in succession to the junior magistrate, is hereby authorised empowered and required to perform the duties of the sheriff, prescribed by law in similar cases. And if the mayor of any town, city or borough, entitled to representation in the general assembly, shall, by death or any other cause whatever, be unable to attend and conduct the election according to the provisions of this act, the recorder, or if there be no recorder, or he be unable to attend, the senior alderman capable of at- tending, shall attend and conduct such election according to law. .
12. On complaint to either house of assembly, of an undue election or re- turn of any member to their house, which complaint shall be lodged against such member within ten days after the meeting of the assembly, where the contested election shall have been held at the stated annual period, or within thirty days after the day on which the election shall have commenced, (if it be the election of a delegate, ) or within thirty days after the day on which the last election in the senatorial district shall have commenced, (if it be the election of a senator,) where such election shall have been held in conse- quence of an intermediate vacancy, and such house shall be in session, or if not in session, within twenty days after the meeting of the general assembly, such house shall forthwith appoint some day for trying the same, as shortly as shall be consistent with fair enquiry, whereof notice shall be given by the speaker to the party against whom the complaint is, if he be absent, which day of trial may be lengthened from time to time, on good cause shewn to the house, and notice to the absent party. On the day appointed for the trial, the committee of privileges and elections shall proceed in the said disputed election, and report to the house of which they are members, their opinion thereon, before they proceed to any other business; and the said house shall, on receipt of the said report, immediately proceed to deter- mine thereon, and either confirm or disagree to such report, as to them shall seem just. If any person sworn before the said committee, shall give or withhold any evidence, under such circumstances as would have consti- tuted the same to be perjury, if done in the presence of a court of record, the same shall be deemed perjury. . If upon such trial, in the case of a contest- ed election of a delegate, it shall appear that equal numbers of qualified electors shall have voted for the petitioner and the sitting member, and the officer who conducted the election at the court-house of the county, city, town, or borough, (if it be the election of a delegato from a county, city, town, or borough, ) ora majority of the returning officers of the election district, (if it be the election of a delegate from an election district,) shall swear, or
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solemnly affirm, that if such equality had appeared at the election in the former case, or at the time of their meeting to make the return in the latter case, he or they would have declared the petitioner elected, such petitioner shall be deemed duly elected, and his name, instead of the name of the sitting member, (which shall be erased,) shall be inserted in the certificate of return. If upon such trial, in the case of a contested election of a senator, it shall appear that equal numbers of qualified electors shall have voted for the pe- titioner and the sitting member, and a majority of the officers who made the return upon such election, shall swear, or solemnly affirm, that if such equa- lity had appeared at the time of their meeting to make the said return, they would have declared the petitioner elected, such petitioner shall be deemed duly elected, and his name, instead of the name of the sitting member, (which shall be erased,) shall be inserted in the certificate of return.
13. The officers directed to make certificates of elections as aforesaid, shall cause them to be delivered, those of delegates, to the clerk of the house of delegates, and those of senators, to the clerk of the senate, one day at least before the succeeding session of general assembly.
14. For election of a delegate or senator, when a vacancy shall occur by death or resignation, during the recess of the general assembly, a writ or writs shall be issued by the governor: and in all other cases of vacancy, such writ or writs shall be issued by the speaker of that house whereof he was a member; but if the vacancy be occasioned by acceptance of an office, the writ or writs shall not be issued without the special order of the house. And the officer or officers to whom such writ or writs shall be directed, so soon after the receipt thereof as he or they may be able, shall give to the electors notice thereof, as well as of the time and place of election, by ad- vertisement to be affixed at four of the most convenient places in the county, city, town or borough, and shall cause the election to be made in the man- ner herein before prescribed, and shall have the same power of adjourning the proceeding upon the poll, as in case of a general election.
15. Any person who shall be a candidate for any county, city, town, bo- rough, election district or senatorial district, to serve, if elected, in the gene- ral assembly, who shall, directly or indirectly, give or agree to give, any elector or pretended elector, money, meat, drink, or other reward, in order to be elected, or for having been elected, or who shall treat, directly or indi- rectly, being a candidate for such or any other county, city, town, borough, or election district, or senatorial district, upon due proof thereof to either house, shall be expelled. Provided, nevertheless, That nothing herein con- tained shall be so construed, as to prevent any candidate from his usual in- tercourse of friendship with his neighbors at his own house.
16. If any sheriff or other officer conducting an election, shall, directly or indirectly, so interfere in the election of senators or delegates, as to shew partiality for any of the candidates, he shall forfeit and pay the sum of six hundred and sixty-six dollars sixty-six cents, to be recovered by bill, plaint or information, in any court of record, one moiety to the use of the inform- er, and the other to the use of the commonwealth, for the benefit of the lite- rary fund.
17. All and every member and members of the general assembly are, and ought to be and forever shall be, in their persons, servants and estates, both real and personal, free, exempt and privileged from all arrests, attach- ments, exceutions, and all other process whatsoever, save only for treason,' felony, or breach of the peace, during his or their attendance upon the gene-
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