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An Act prescribing the punishment of offences committed on railroads. 1835 48 (1835)

handle is hein.slavery/ssactsva0496 and id is 1 raw text is: 48                   Writs of Error.--Ofences on RailRoads.
CnAt. 71.-An ACT regulatig the mode of obta'nng w rit of error in criml-
nalprosecutions for misdemeanors.
(Passed March I, 1836.)
Writs or error in  1. Be it enacted by the general assembly, That in all criminal
climinalPre- prosecutions for misdemeanors, which may hereafter be commenced
vacation,  and prosecuted to a judgment in any of the county or corporation
courts of this commonwealth, the defendant or defendants in said
prosecutions, or either of them, may apply to any one of the judges
of the general court of Virginia for a writ of error to said judgment
in vacation, in the same manner that applications are now made in
term time; and the jtdge to whom such application may be made,
may award the said writ in vacation, in the same manner and upon
the same terms that writs of error are now awarded in term time.
Commencement.  2. This act shall commence and be in force from the passing
thereof.
CnrP. 72. An ACT prescribing the punishment of offences committed on
rail-roads.
(Passed March 23, 1836.)
D n , to nit.  1. Be it enacted by the general assembly, That if any person or
vered   c   persons shall wilfully, by any means whatsoever, injure, impair or
destroy any part of any rail-road now constructed, or which may
hereafter be constructed by authority of the legislature of this com-
monwealth, or any of the necessary works, buildings, machines,
wagons, vehicles or carriages belonging to any of the said compa-
nies, lie, she or they shall forfeit and pay to the company sustaining
such injury, three times the actual damages so sustained, to be sued
for and recovered with full costs, before any tribunal having cogni-
zance of the same, by action of debt, in the name and for the use
of the company so injured.
Punishment for  2, And be it further enacted, That if any person or persons
dituringorob, shall wilfully and maliciously remove or disturb any of the con-
structing raii-an
roads.      structions or fixtures, or place designedly and with evil intent, any
obstruction on the line of any rail-road now constructed, or hereaf-
ter constructed by the authority aforesaid, so as to jeopardize the
safety and endanger the lives of persons travelling upon such rail-
road, such person or persons so offending shall be deemed to be
guilty of a high crime and misdemeanor, and upon conviction
thereof shall be imprisoned in the common jail and penitentiary
Punishment oa  house, for a term not less than two nor more than five years; and
slave,     if such person or persons be a slave or slaves, lie, she or they shall
suffer death without the benefit of clergy.
Other remedies  3. And be it further enacted, That nothing herein contained
for trepaueso.  shall prevent any rail-road company now incorporated or hereafter
incorporated, from pursuing any other remedies and enforcing any
other penalties provided by.law and their respective acts of incor-
poration for trespasses on their property.
]amagefor inj.  4. Au'l be it further enacted, That if the driver or drivers of any
iproperty,O 'b  r stage, coach, or rail-road car, or the conductor of any boat, shall
vereoeratgs, hereafter, by wilful misconduct, or negligence, inflict any injury or
iboa,, how recov- damage to any person or persons, or the property of any person or
ored.       persons, or the property of any corporate body, created by the laws
of the United States, or of any state of this Union, the person or
persons in whose employ such driver or drivers, or conductor may
be, at the time of inflicting such injury or damage, shall be liable

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