University of Virginia Library

1838.

Chapter 18 is entitled, "An Act regulating and restraining the
terms upon which credits shall be allowed by merchants, tradesmen
and others to the students of the universities and colleges of the
state." Passed March 10, 1838. It follows:

"1. Be it enacted by the general assembly, That no merchant,
confectioner or other dealer, no tailor, shoemaker or other tradesman,
no tavern keeper, or keeper of any house of entertainment, no
keeper of a livery stable, hack, horse, or other means of transportation,
shall, by himself or by his agent, sell or let for hire to any
student of the University of Virginia, or of the University of
William and Mary, or of Hampden Sydney, Washington or Randolph
Macon College, or of any other college within this commonwealth,
which may hereafter be established by law, or to any other
person, except his parent or guardian for the use of such student,
any goods, wares, merchandise, clothing, meat, drink, entertainment,
hack or other carriage, horse, or other riding animal, or other thing
in the way of his trade, business or occupation, unless the thing so
sold or let shall be paid for at the time of such sale or letting, or
shall have been so sold or let in strict pursuance of authority in
writing previously given by the president, chairman or other officer
of the institution to which such student belongs, duly authorized by
its laws to give such license; nor shall any person whatever, unless
in strict pursuance of such written authority, lend to any such student,
or to any other person, except his parent or guardian, for his
use, any sum of money, or give to him, or to such other person for his
use, any letter of credit, or in any other manner authorize him to
contract any debt. And if any person shall offend herein, he shall
be without remedy at law or in equity, to recover from such student,
his parent or guardian, or other person, anything whatever on account
of the thing so sold or let to such student, or other person
for his use; and the person so offending shall moreover forfeit and
pay to the university or college to which such student may belong,
the whole value of the thing so sold or let, or the whole amount of
the money so lent, or of the debt contracted under such letter of
credit, or of other authority as aforesaid; and shall moreover forfeit

and pay to such university or college the sum of $20.00 for
each offense; which penalties may be recovered by action of debt,
action on the case, information or indictment in any court of
Record, having jurisdiction over the county or corporation wherein
the offender may reside, or wherein the university or college suing
may be situated; Provided, however, that if any such sale, letting or
loan shall be made, or any such credit shall be given, by any agent
without the knowledge or consent of his principal, and such principal
shall within ten days after he shall be informed thereof, give
notice in writing to the president, chairman or other proper officer
of the University or College to which the student belongs, of such
sale, letting, loan, or credit, and of the true amount and date thereof,
then such principal shall not be deemed guilty of any offense
under this act, nor be subject to the penalties hereby given to such
university or college, but the offending agent alone shall be subject
to them: Provided, moreover, That if any such sale or letting for
hire shall be made with a bona fide expectation on the part of him
making it that immediate payment is to be made therefor, then
although the thing so sold or let for hire shall not have been paid
for at the time, if within ten days thereafter he shall give notice
in writing to the president, chairman, or other proper officer of the
university or college to which the student belongs, of such sale or
letting, and the time, amount and date thereof, the person making
such sale or letting shall not be deemed guilty of any offense under
this act, nor be subject to the penalties hereby given to such university
or college.

2. And be it further enacted, That any person offending as
aforesaid shall be deemed guilty of a misdemeanor, punishable according
to the course of the common law, and shall be deemed
guilty of a breach of good behavior; and any justice of the peace
within this commonwealth, who from his own observation, or from
the observation of others, shall have good cause to believe that an
offense against the law has been committed, shall have power, and
it shall be his duty to cause the supposed offender to be brought
before him, with such witnesses as may probably give evidence of
the offense; and if it shall thereupon appear that such offense has
been committed, he shall bind such offender in a recognizance
with proper sureties to appear before the next superior court of the
county or corporation having cognizance of the offense, or before

such court then in session, to answer such offense, and in the meantime
to be of good behavior; and he shall moreover bind all the
witnesses whom he may deem material, in a proper recognizance
to appear at the same court. And if any such offender shall fail
to enter into such recognizance, he shall be committed to jail, there
to remain until discharged by due course of law. The proceedings
of the justice herein, together with the recognizances taken by him,
shall forthwith be returned to the court aforesaid.

3. And be it further enacted, That if any person convicted of
an offense against this act, either at the suit of a college or university,
or at the suit of the commonwealth, shall, at the time of
such conviction, be a merchant or tavern keeper, or engaged in any
other of the trades or occupations mentioned in the first section of
this act, in pursuance of a license granted under the laws of this
commonwealth, or shall have been engaged in any such trade or
occupation, under such license at the time when the offense was
committed his license shall be held null and void from the period
of such conviction, and he shall be absolutely disqualified for one
year thereafter, from carrying on the same trade or occupation under
any other license; and such forfeiture and disqualification shall
be the legal consequence of such conviction, whether it be so expressed
in the judgment or not.

4. And be it further enacted, That this act shall be constantly
given in charge to the grand jury, by the judges of the circuit superior
courts, respectively, in those counties in which the universities
and colleges aforesaid are respectively situated.

5. All prosecutions under this act, and all actions for the
penalties hereby given, must be commenced within five years next
after the offenses respectively shall be committed, and not after.

6. This act shall commence and be in force from and after the
first day of September next." Acts of 1838, pp. 29-31.

Note. This act is given in full, as showing the strong reprobation
of the crediting of students by merchants, at that time.