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How judges may be removed.

6. Judges may be removed from office by a concurrent vote of both houses of the general assembly; but two-thirds of the members present must concur in such vote, and the cause of removal Notice to be given. shall be entered on the journals of each. The judge against whom

Justices of the peace how appointed.

Attorney general, bow appointed.

how; tenure of office to be prescribed by law.

the legislature may be about to proceed, shall receive notice thereof, accompanied with a copy of the causes alleged for his removal, at least twenty days before the day on which either house of the general assembly shall act thereupon.

7. On the creation of any new county, justices of the peace shall be appointed, in the first instance, in such manner as may be prescribed by law. When vacancies shall occur in any county, or it shall, for any cause, be deemed necessary to increase the number, appointments shall be made by the governor, on the recommendation of the respective county courts.

8. The attorney general shall be appointed by joint vote of the two houses of the general assembly, and commissioned by the governor, and shall hold his office, during the pleasure of the general Clerks of courts assembly. The clerks of the several courts, when vacancies shall occur, shall be appointed by their respective courts, and the tenure of office, as well of those now in office, as those who may be hereafter appointed, shall be prescribed by law The sheriffs and coroners shall be nominated by the respective county courts, and when approved by the governor, shall be commissioned by him. The justices shall appoint constables. And all fees of the aforesaid officers shall be regulated by law.

Sheriffs, coroners, and constables, how appointed:

fees of officers be regulated by

law.

to

Writs how to run and be tested. Indictments how to conclude.

9. Writs shall run in the name of the commonwealth of Virginia, and bear teste by the clerks of the several courts. Indictments shall conclude, Against the peace and dignity of the commonwealth.

Treasurer to be elected.

ARTICLE VI.

A treasurer shall be appointed annually by joint vote of both houses.

ARTICLE VII.

Governor and

The executive department of the government shall remain as at council to remain present organized, and the governor and privy councillors shall governor be elect- continue in office, until a governor, elected under this constitution,

in office until new

ed.

All others until

successors appointed.

shall come into office; and all other persons in office, when this constitution shall be adopted, except as is herein otherwise expressly directed, shall continue in office, until successors shall be appointed, or the law shall otherwise provide; and all the courts of justice now courts to continue existing, shall continue with their present jurisdiction, until and except so far as, the judicial system may or shall be hereafter otherwise organized by the legislature.

Jurisdiction of

until altered by law.

Done in convention in the city of Richmond, on the fifteenth day of January, in the year of our Lord one thousand eight hundred and thirty, and in the fifty-fourth year of the Indepen dence of the United States of America.

PHILIP P. BARBOUR,

President of the Convention.

D. BRIGGS,

Secretary of the Convention.

SCHEDULE.

Ordered, That the roll containing the draft of the amended constitution adopted by this convention, and by it submitted to the people of this commonwealth, for their ratification or rejection, be enclosed by the secretary in a case proper for its preservation, and deposited among the archives of the council of state.

Ordered, That the secretary do cause the journal of the proceedings of this convention to be fairly entered in a well bound book, and after the same shall have been signed by the president, and attested by the secretary, that he deposit the same, together with all the original documents in the possession of the convention, and connected with its proceedings, among the archives of the council of state; and further, that he cause ten printed copies of the said journal to be well bound, and deposited in the public library.

Ordered, That the president of the convention do certify a true copy of the amended constitution to the general assembly now in session; and that the general assembly be and they are hereby requested to make any additional provisions by law, which may be necessary and proper for submitting the same to the voters thereby qualified to vote for members of the general assembly at the next April elections, and for organizing the government under the amended constitution, in case it shall be approved and ratified by such voters.

CHAP. 6.-An ACT ceding to the United States the lands on Old Point Com-
fort, and the shoal called the Rip Raps.*
(Passed March 1st, 1821.)

Whereas it is shewn to the present general assembly, that the Preamble.
government of the United States is solicitous that certain lands at
Old Point Comfort, and at the shoal called the Rip Raps, should be,
with the right of property and entire jurisdiction thereon, vested in
the said United States for the purpose of fortification, and other
objects of national defence:

the cession by

1. Be it enacted by the general assembly, That it shall be lawful Governor to make and proper for the governor of this commonwealth, by conveyance deed, or deeds in writing under his hand and the seal of the state, to transfer, assign and make over unto the said United States the right of property and title, as well as all the jurisdiction which this commonwealth possesses over the lands and shoal at Old Point Comfort and the Rip Raps: Provided, The cession at Old Point Quantity of land Comfort shall not exceed two hundred and fifty acres, and the ces- to be ceded. sion of the shoal at the Rip Raps shall not exceed fifteen acres : And provided, also, That the said cession shall not be construed or Proviso as to protaken, so as to prevent the officers of this state from executing any state officers. process, or discharging any other legal functions, within the jurisdiction or territory herein directed to be ceded, nor to prevent, abolish or restrain the right and privilege of fishery hitherto enjoyed and used by the citizens of this commonwealth within the limits aforesaid: And provided further, That nothing in the deed of con- Present road to veyance, required by the first section of this act, shall authorize tinued. the discontinuance of the present road to the fort, or in any manner

*Acts 1820-21, ch. 73, pp. 102, 103. This act is printed among the private acts of this year, but following the order and arrangement of the Revised Code it is inserted here.

cess executed by

fort not discon

Pilots not pre

vented from erect-
ing beacons.
In what event
lands and shoal
may be revested

in the common-
wealth.

Commencement.

Governor authorized to cede to

the United States jurisdiction over a piece of land, for

house.

prevent the pilots from erecting such marks and beacons as may be deemed necessary.

2. And be it further enacted, That, should the said United States at any time abandon the said lands and shoal, or appropriate them to any other purposes than those indicated in the preamble to this act, that then and in that case, the same shall revert to, and revest in, this commonwealth.

3. This act shall commence and be in force from and after the passing thereof.

CHAP. 7.-An ACT authorizing the governor of this commonwealth to cede to the United States, the jurisdiction over certain land on Smith's island for the purpose of building a light-house.*

[Passed February 6th, 1827.]

1. Be it enacted by the general assembly, That it shall and may be lawful for the governor of this commonwealth, and he is hereby fully authorized, for and in behalf of this commonwealth, by proper builting a light deeds and instruments of writing, under his hand and the seal of the commonwealth, to convey, transfer, assign and make over to the United States, all the jurisdiction which this commonwealth possesses, over a certain piece or parcel of land, not exceeding six acres, lying on the eastern extremity of Smith's island, in the county of Northampton, and purchased by the United States for the erection of a light-house, and the appurtenant buildings thereto : Provided, That a light-house shall be erected, kept in repair, and supported at the expense of the United States, on the said piece or parcel of land.

Proviso.

When jurisdiction

the common

wealth.

2. If a light-house shall not be erected thereon within the space ceded to revert to of five years after the cession aforesaid, by this commonwealth, or if, at any time thereafter, the said light-house and buildings appurtenant thereto, shall be suffered to fall into decay, or be rendered useless as to the purposes aforesaid, and so continue for the space of five years, then and in those cases, the jurisdiction over such territory, hereby directed to be vested in the United States, shall revert to this commonwealth, and be subject to the jurisdiction of Commonwealth's the same, in like manner as if this act had never been made: Proofficers not to be vided, That nothing herein contained, shall be so construed as to prevent the officers of this state from executing any process whatever, within the jurisdiction hereby directed to be ceded to the Land to be used United States: And provided also, That the said land shall be emfor no other pur- ployed and applied to no other purpose, and for no other use, than the erection of a light-house, and the buildings appurtenant thereto, and the accommodation of the persons employed therein, and that no establishment or arts shall be authorized or permitted thereon, by the United States, in contravention of the laws of Virginia to prevent gaming, and to suppress tippling-houses.

prevented from executing process.

pose whatever.

Commencement.

3. This act shall commence and be in force from the passing thereof.

*Acts 1826-7, ch. 16, p. 16.

CHAP. 8.-An ACT authorizing the government of the United States to purchase certain lands on Smith's Point, and for other purposes.*

(Passed February 26th, 1828.)

Whereas it is represented to the general assembly, that it may be Preamble. necessary for the government of the United States to re-build the light-house on Smith's Point, in the county of Northumberland, on an enlarged scale, or to alter the site thereof, and of the appurtenant buildings:

chase land to re

1. Be it therefore enacted by the general assembly, That it may United States aube lawful for the government of the United States to purchase from thorized to purthe proprietor, or proprietors of the land lying on, or adjoining build light-house. Smith's Point, in the county of Northumberland, as much land as may be necessary for the purposes of re-building the said lighthouse, altering the site thereof, and for the erection of such other buildings appurtenant thereto as may be necessary: Provided, the quantity of land so purchased shall not exceed four acres.

said land, ceded.

2. And be it further enacted, That whenever the contemplated Jurisdiction over purchase shall have been made, the United States shall have, possess, and exercise, all the jurisdiction and authority over the land so as aforesaid purchased, which this commonwealth possesses over the same: Provided, however, That nothing herein contained, shall State officers not to be prevented be so construed as to prevent the officers of this commonwealth from executing from executing any process whatsoever, within the jurisdiction process. hereby intended to be ceded to the United States; nor to prevent the courts of this commonwealth from taking cognizance of any matter or cause whatsoever arising within the said jurisdiction, of which by law they would now be authorized to take cognizance, but the same shall remain in all respects as if this act had not been passed.

to revert to com

3. And if the buildings aforesaid, be not erected on the land Jurisdiction when herein authorized to be purchased, within the space of seven years monwealth. after the said purchase shall have been completed, or if at any time hereafter the same shall be suffered to fall into decay, or be rendered useless as to the purposes aforesaid, and so continue for the space of seven years, or if the United States shall discontinue the light-house at the place aforesaid, then in those cases the jurisdiction which by virtue hereof may become vested in the United States, shall revert to this commonwealth, and be exercised by it, in the same manner as if this act had not been passed.

4. This act shall commence and be in force from and after the Commencement. passage thereof.

CHAP. 9.-An ACT authorizing the government of the United States to pur-
chase Little Watts Island on which to build a light-house.f
(Passed February 11th, 1829.)

Whereas it is represented to the general assembly, that it may Preamble.
be necessary for the government of the United States to build a
light-house on Little' Watts island, in the county of Accomack:

United States au

1. Be it therefore enacted by the general assembly, That it shall Government of be lawful for the government of the United States to purchase from thorized to purthe proprietor or proprietors of the land, constituting said Little chase Little Watts Watts island, lying in the county of Accomack, for the purpose of

* Acts 1827-8, ch. 23, pp. 17, 18.

+ Acts 1828-9, ch. 26, pp. 28, 29.

island.

Jurisdiction of commonwealth

ceded.

Proviso.

When jurisdiction

to revert to the commonwealth.

Commencement.

Jurisdiction over land on Assateague island

States.

building a light-house thereon, and such other buildings appurte nant thereto as may be necessary.

2. Be it further enacted, That whenever the contemplated purchase shall have been made, the government of the United States shall have, possess and exercise all the jurisdiction and authority over the land so as aforesaid purchased, which this commonwealth possesses over the same: Provided, however, That nothing herein contained, shall be so construed as to prevent the officers of this commonwealth from executing any process whatsoever on said island; nor to prevent the courts of this commonwealth from taking cognizance of any matter or cause whatsoever, arising on or within the jurisdiction now exercised by this commonwealth over said island, but the same shall remain in all respects as if this act had not been passed.

3. And be it further enacted, That if the buildings aforesaid be not erected on the land hereby authorized to be purchased, within the space of seven years after the said purchase shall have been completed, or if at any time hereafter, the same is suffered to fall into decay, or be rendered useless for the purposes aforesaid, and so continue for the space of seven years, or if the government of the United States shall discontinue the light-house at the place aforesaid, then in either or any of those cases, the jurisdiction which by virtue of this act may become vested in the government of the United States, shall revert to this commonwealth, and be exercised by it in the same manner as if this act had not been passed.

4. This act shall commence and be in force from and after the passing thereof.

CHAP. 10.-An ACT authorizing the governor of this commonwealth to cede to the United States a certain piece or parcel of land on Assateague island, in the county of Accomack, for the purpose of erecting a light-house thereon." (Passed January 12th, 1832.)

1. Be it enacted by the general assembly, That the governor of this commonwealth be, and he hereby is authorized, for and on ceded to United behalf of the commonwealth, by proper deeds and instruments of writing, under his hand and the seal of the commonwealth, to convey, transfer, assign and make over to the United States all the jurisdiction which this commonwealth possesses over certain lands not exceeding fifty acres, situate on Assateague island, in the county of Accomack, and purchased by the United States, for the purpose of erecting thereon a light-house, and the appurtenant buildings thereto, to be kept in repair and supported at the expense of the Reservation as to United States: Provided, That nothing herein contained shall be so construed as to prevent the officers of this commonwealth from executing all process whatsoever, whether civil or criminal, or discharging any other legal functions within the jurisdiction hereby directed to be ceded to the United States.

serving of process.

When jurisdiction

commonwealth.

2. Be it further enacted, That if a light-house shall not be erectceded, to revert to ed on the lands hereby ceded, within the space of five years from the date of the deed of cession aforesaid, or if the same, having been erected, shall be suffered to fall into decay, or if the United States shall abandon the said lands, or appropriate them to purposes other

*Acts 1831-2, ch. 193, pp. 260, 261. This act is found among the private acts of this session, but for uniformity, it is inserted here.

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