|Pages 291-312||Pages 337-349|
|[Chan. Rev. p. 56.]|
|I. FOR forming the citizens of Williamsburg, borough of Norfolk, and the professors and students of William and Mary college, into a militia, and better disciplining them: Be it enacted by the General Assembly, That all male persons between the ages of sixteen and fifty years, within the limits of the said city or borough, except the persons exempted by an act passed this present general assembly, intituled "An act for regulating and disciplining the militia," and such of the professors and students of William and Mary college as would otherwise be part of the militia of James City county, in which the college is situate, shall, by the commanding officers of the said city and borough, be enrolled and formed into companies of not less than thirty two nor more than sixty eight, rank and file; and each company shall be commanded by a captain, two lieutenants, and an ensign, and the whole by a colonel and major, who shall reside within the said city, or shall be a freeholder of the said borough, and before they enter upon the execution of their office shall take the following oath: "I do swear, that I will be faithful and true to the commonwealth of Virginia, of which I profess myself to be a citizen, and that I will faithfully and justly execute the office of in the militia of according to the best of my skill and judgment. So help me God."|| Militia of Williamsburg & Norfolk, and
professors & students of William and Mary college, how organized. |
|II. And the militia of the said city and borough, with the professors and students of the said college, shall be mustered, trained, and employed, at the same times, and in the same manner, and the officers and privates thereof respectively shall be armed with the same weapons, and be subject to the same orders, regulations, and penalties, as the militia of a county, and the officers and privates thereof are, and ought to be, by the before mentioned act, and by another act also, passed this present general assembly, intituled "An act for providing against invasions and insurrections."||Subject to the general militia laws.|
|And all former acts and ordinances relating to the militia of the said city and borough are declared to be repealed.|
An act for the more regular laying off the borough of Norfolk.
|WHEREAS the irregular manner in which the borough of Norfolk was laid off rendered the streets and lots inconvenient, and prejudicial to the health of the inhabitants, and the buildings therein having lately been totally destroyed, it is now practicable to lay out the same in a more regular and commodious manner.||Preamble.|
|Be it therefore enacted by the General Assembly, That Richard Kello, Edwin Gray, Joseph Prentis, Robert Andrews, and Daniel Fisher, gentlemen, shall be, and they are hereby appointed, commissioners for the more regular laying out the said borough, who shall, before they enter on the execution of their office, take the following oath before the mayor, one of the aldermen of the said borough, or some justice of the peace for the county of Norfolk, that is to say: "I do swear, that I will, to the best of my skill and judgment, well and truly, without favour, affection, or partiality, discharge the duty of a commissioner for laying out the borough of Norfolk agreeable to an act of assembly intituled An act for the more regular laying off the borough of Norfolk. So help me God." And the said commissioners, or any three of them, shall and may proceed, with all convenient speed, to the execution of their said office, and employ a clerk, who shall be sworn by one of the commissioners, well aud truly to demean himself as such, without favour, affection, or partiality, and shall be allowed such sum as the commissioners may think adequate to his services. And the said commissioners, together with the surveyors, chain-carriers, and other persons by them employed, shall have full power to enter on any of the lands in the said borough, and cause a survey thereof to be taken, as it is now laid|| Commissioners for laying off Norfolk, more regularly.
|off, from which they shall form such plan as to them shall appear most proper, distinguishing therein the particular parcels and quantities of land which may be taken from any of the proprietors to enlarge the present, or to make new streets, and also distinguishing the lands which it shall be necessary to take from one proprietor and give to another.|
|And for ascertaining the value of the lands necessary to be taken for making new streets, and in order that a just assessment may be made, the said commissioners shall issue their order to the sheriff of the county of Norfolk to summon an impartial jury of freeholders of his county, who shall obey the same, and attend at the meeting of the said commissioners on the day in the said order mentioned. And the jury so summoned, being first sworn by any one of the said commissioners, shall value the said lands, publick and private, within the said borough, and after such valuation return the same to the commissioners aforesaid, who shall cause such inquisition and valuation to be entered amongst their proceedings. And for defraying the expenses incurred, the said commissioners are hereby empowered to assess every lot or parcel of land in the said borough in proportion to the value thereof, which assessment shall be paid by the respective proprietors to such person as shall be appointed by the said commissioners to collect the same, who shall give bond and security, payable to the mayor, or his successours, for the use of the said borough, faithfully to perform his duty.|| Value of lands, taken for streets, how
|That each commissioner shall be allowed twenty five shillings per day during his attendance, and sixpence per mile in travelling to and from the said borough, besides his ferriages. And the said commissioners shall settle the allowance to be made to the person employed to survey and plan the town, not exceeding twenty five shillings per day, and to the chain carriers not exceeding five shillings per day each. And the said sheriff shall be allowed twenty shillings per day for each day he shall attend; and each juryman shall be paid six shillings per day for his attendance. Which several allowances shall be by the said mayor, or his successour, paid out of the monies so assessed and collected. And the said commissioners shall return an account of their proceedings to the next general assembly, and state therein in what manner compensation ought to be made|| Compensation to commissioners & others. |
Proceedings to be reported to general assembly.
|to such persons as may become sufferers by laying out the town in the manner by them proposed.|
|That if any of the said proprietors shall delay or refuse to make payment to such collector of the assessment with which his land shall be made chargeable, after the same shall be demanded, such collector shall cause the same to be levied by distress and sale of the delinquent's effects. And if such collector shall fail or delay to account for and pay to the said mayor, or his successour, within six months after he shall be appointed, all such sums of money as shall be by him received, after deducting at the rate of five per centum, which he shall be allowed for his trouble, on motion made to any court of record by the said mayor or commissioners, such court shall give judgment, and award execution for the same, against such collector and his securities, their executors or administrators; provided such collector, or his securities, their executors or administrators, shall have ten days previous notice of such motion.|| Assessment on proprietors, how collected. |
Penalty on failing to account and pay.
|That in case of the death, or other disability of one or more of the said commissioners, the governour, with the advice of the council, is hereby empowered and desired to nominate and appoint as many commissioners as from time to time shall be under the number of five; which said commissioners, so nominated and appointed, shall be vested with equal powers as those appointed by this act.||Vacancies, in commissioners, how supplied.|
An act to confirm the Kentucky election.
|WHEREAS it appears to this present general assembly, that the commission appointing a sheriff for the county of Kentucky, after the same was taken off the county of Fincastle, did not arrive in time, so as to authorise his holding an election of delegates on the day appointed by law, but that the said sheriff, after the commission did come to hand, appointed and advertised another day for that purpose, on which most of the||Election of delegates, of Kentucky county confirmed, tho' irregular.|
|landholders in the county attended and voted, and that at the conclusion of the poll, after a fair and open election, a majority of voters were found to be in favour of John Todd and Richard Callaway, esquires, the present sitting members; and it appears that a representation, from their peculiar circumstances, is highly interesting to the inhabitants of the said county of Kentucky, at this critical period, an advantage which, from their remote situation, they cannot enjoy, during this session of assembly, if the said election should be declared void:|
|For remedy whereof, Be it enacted, That the said John Todd and Richard Callaway, esquires, shall be deemed and tken to be the proper and legal representatives of the people of Kentucky, in as full and ample a manner as if the election has been held on the day appointed by law; but let it be understood, that this act shall not be drawn into precedent, except in cases of absolute necessity, and to save the right of representation, where remoteness of situation, and other circumstances, shall be precisely similar to the present case.||This act not to be drawn into precedent.|
An act for dissolving the vestries of several parishes.
|WHEREAS it hath been represented to this present general assembly, that the vestry of the parish of Newport, in the county of Isle of Wight, were not elected by the freeholders and housekeepers thereof, and that a majority of the vestry of the parish of Christ Church, in the county of Middlesex, have refused to qualify themselves according to law, and that there are such divisions among the vestry of the parish of Stratton Major, in the county of King and Queen, that the affairs of the said parish have been for some time neglected: Be it therefore enacted by the General Assembly, That the vestries of the said parishes shall be, and the same are hereby respectively dissolved.||Vestries of parishes of Newport, in Isle of Wight of Christ Church, in Middlesex, and of Stratton Major, in King and Queen dissolved.|
|And be it farther enacted, That the freeholders and housekeepers of the said parishes respectively shall meet at some convenient time and place, to be appointed and publickly advertised by the sheriffs of the said counties of Isle of Wight, Middlesex, and King and Queen, at least one month before the fifteenth day of July next, and then and there elect twelve of the most able and discreet persons, being freeholders, and resident in their respective parishes, for vestrymen, in every of the said parishes; who, being so elected, and having, in the courts of their said counties respectively, taken and subscribed the oaths required by law, shall, to all intents and purposes, be deemed and taken to be vestries of their respective parishes.|
|And whereas the levies of the said parish of Stratton Major, for some time last past, have not been laid by the vestry thereof, whereby the creditors of the said parish remain unpaid: Be it therefore enacted, That the vestry of the said parish, to be elected by virtue of the act, shall levy and assess upon the tithable persons of the said parish all such sums of money, and quantities of tobacco, as ought to have been levied and assessed by the said vestry.|
|Provided, That, notwithstanding any thing in this act contained, any suit or suits brought by or against the vestry or churchwardens of either of the said parishes, and now depending, may be prosecuted in the same manner as if this act had never been made.|
|WHEREAS it hath been represented to this present general assembly, that by the resignation and removal of sundry members of the vestry of Botetourt parish, in||Vestry of Botetourt parish, in county of|
|the county of Botetourt, that they have not a sufficient number of members to hold a vestry, by which means the business of the said parish hath been for a considerable time unsettled: Be it therefore enacted by the General Assembly, That from and after the passing of this act the vestry of the parish of Botetourt is hereby dissolved; and the sheriff of the county of Botetourt is hereby required to summon the freeholders of the aforesaid parish, and others entitled to vote, to meet at the courthouse of the said county on the twelfth day of August next, then and there to choose twelve of the most able and discreet persons as a vestry for the said parish. The vestry so chosen, after taking an oath of fidelity to this commonwealth, shall proceed to regulate and settle the business of said parish, and shall have full power and authority to levy all salaries or arrears of salaries, due to the incumbent of the said parish before the first day of January last; also to assess and levy a sum sufficient to enable them to comply with their parochial engagements before that date, and to demand and recover of any collector, or collectors, all arrears of money or tobacco due to the said parish, and put into their hands to collect; and shall also have full power and authority to levy on, and collect of, the inhabitants of the parishes of Montgomery and Washington, all arrears of salaries, or other parish demands, due from them before the parish of Botetourt was divided. And they are hereby required to liquidate and adjust any demands the parishes of Montgomery and Washington may have against the said parish of Botetourt for money paid by them towards the purchase of land for a glebe, or building a church in the said parish, before the division took place.|| Botetourt, dissolved, & a new vestry to be elected.|
|And whereas it is also represented by the vestry of the said parish, that they formerly purchased a tract of land for the purpose of a glebe, but before they had proceeded to erect the necessary buildings thereon another tract was offered them by Mr. Thomas Madison, much more convenient, and with all improvements necessary, that they therefore agreed to purchase the said land, and had also bargained for the disposal of the first mentioned tract; and whereas the said vestry, not being legally empowered to execute conveyances to the purchaser thereof, have petitioned this present general assembly that an act may pass to enable them to execute their said agreements, and make the proper conveyance:||Authorised to sell their glebe and purchase another.|
|Be it therefore farther enacted, That the present members of the vestry of said parish be, and they are hereby empowered to convey the said first mentioned tract of land to the purchaser thereof in fee simple.|
|And be it farther enacted, by the authority aforesaid, That the money arising by the sale thereof be applied towards paying for the land purchased of Mr. Thomas Madison, which shall be appropriated as a glebe for the use and benefit of the minister of the said parish for the time being, for ever.|
|WHEREAS a certain John Barr, late of Northumberland county, being possessed of a negro woman named Rachel and her child also named Rachel, in his own right, was desirous to manumit them, but the consent of the governour and council could not be procured, as required by the laws then and still in force, occasioned by lord Dunmore (the then governor) withdrawing frm his government; and the said Barr, to carry his intention into execution, as far as was then in his power, made his last will and testament in writing, duly published, and in a codicil annexed to, and part of that will, ordered and devised as followeth: "I claim no right, title, or interest, of, in, or to my negro woman Rachel and her child Rachel, and hereby order that the same shall in now wise forever hereafter be considered as part of my estate; and I do hereby give and bequeath unto my brother Zachariah twenty five acres of my land joining Jameson's, Palmer's, and Hurst's lands, with as much of my estate as will build a house thereon, in trust, to and for the benefit, sole use, and profit, of the said negro woman Rachel and her child Rachael, and their heirs and assigns for ever." And the said John Barr, soon afterwards||Emancipation of certain slaves, by a codicil to the will of John Barr, deceased, confirmed.|
|departed this life, and his will, with the codicil aforesaid, was duly proved at Northumberland county court, and disputes have arisen touching the validity of the said will:|
|For remedy herein, and for securing to the said negro woman and her child their freedom, and the benefit of the said devise, Be it enacted by the General Assembly, That the said negro woman Rachel, and her child named Rachel, shall, and are hereby declared to be free, and may enjoy all such rights, privileges, and immunities, as free negroes or mulattoes by the laws of this country do enjoy; and, moreover, shall, and are hereby declared to be capable of taking, holding, and disposing of all such estate as the said John Barr, by the will and codicil aforesaid, hath devised or bequeathed to them, or for their use.|
|Saving to all and every other person, his or their heirs, executors, and administrators (except the vestrymen or churchwardens of the parish of Wicomico, in the county of Northumberland, and those claiming under the said John Barr) any right, title, or claim, they may have to the said negroes, as if this act had never been made. And it is declared, that this act had never been made. And it is declared, that this act shall not be drawn into precedent, except in cases where the circumstances may be precisely similar to those of the present case.||This act not to be drawn into precedent.|
|WHEREAS it is represented to this present general assembly, that from the voluntary contributions of a number of gentlemen, an academy hath been erected in the county of Prince Edward, called and known by the name of Hampden Sidney; that from the prudence,||Trustees of Hampden Sidney academy, authorised to raise a sum of money by lottery.|
|close attention, and faithful management of the teachers and professors of the said academy, it hath gained great reputation, and promises to be of publick utility but it is found, from experience, that the buildings erected from private donations are insufficient for the reception and entertainment of so great a number of students as are already engaged, and are daily applying to be admitted; and the trustees having made application to this assembly for permission to raise a sum of money by a scheme of lottery, to enable them to erect additional buildings proper for their reception:|
|Be it therefore enacted, That it shall and may be lawful for the trustees and directors of the said academy to raise by way of lottery, in such manner, and under such regulations, as to them may appear most conducive to that purpose, any sum or sums of money as to them shall appear to be necessary for completing and carrying into execution that laudable and necessary undertaking, any law to the contrary notwithstanding.|
An act for dividing the county of Cumberland.
|WHEREAS many inconveniencies attend the inhabitants of the county of Cumberland, by reason of the great extent thereof, and the said inhabitants have petitioned this assembly that the said county may be divided:||Cumberland county divided & Powhatan formed.|
|Be it therefore enacted by the General Assembly of the commonwealth of Virginia, That from and after the first day of July next the said county of Cumberland be divided into two distinct counties, by the line which divides the parishes of Littleton and Southam, and that all that part of the said county which lies in the parish of Littleton shall be one distinct county, and retain the name of Cumberland, and that all the other part thereof which lies below the said line, including the whole|| |
|parish of Southam and part of the parish of King William, be called and known by the name of Powhatan.|
|And be it farther enacted, by the authority aforesaid, That from and after the said first day of July a court for the said county of Powhatan be constantly held by the justices thereof upon the third Thursday in every month, in such manner as is by law provided, and shall be by their commissions directed.||Court days.|
|And be it farther enacted, That the justices to be named in the commission of the peace for the said county of Powhatan shall meet on the third Thursday in July next, at such places [place] as shall be appointed by the person commissioned to be sheriff of the said county, of which notice shall be given by the sheriff to each justice so named; and the said justices, or the major part of them being present, having taken the oath required by law, may administer the oath of office to the sheriff to be appointed for the said county, and take his bond according to law, and may likewise proceed to appoint and qualify a clerk of the county, and to fix on a place for holding courts in the said county, and to fix on a place for holding courts in the said county, at or as near the centre thereof as convenience will admit, at which place they shall cause a parcel of ground to be laid off for a town, to be called Scottville, thirteen hundred feet in length, and nine hundred in width, in which shall be six squares of land, three hundred feet square, each separated from each other by streets, one hundred feet wide, and all of them surrounded by a street of the same width. That reasonable satisfaction may be paid for each parcel of land, the clerk of the county shall, by order of the said justices, issue a writ directed to the sheriff of the said county, commanding him to summon and empannel twelve able and discreet freeholders, no ways concerned in interest in the said lands, nor any ways related to the owners or proprietors thereof, to meet on the said land on a certain day to be named in the said writ, not under five nor more than ten days from the date thereof, who shall be sworn by the said sheriff, and shall upon their oaths value and appraise the said parcel of land in so many several and distinct parts as shall be owned by several and distinct owners, and according to their respective interests and estates therein, which valuation the said sheriff shall return under the hands and seals of the jurors to the clerk's office of the said county; and the justices, at the laying their first county levy, shall make provision for paying||Town of Scottville established at Powhatan courthouse.|
|to the several proprietors the sum at which their respective rights were valued. The property of the said lands shall, on the return of the valuation, become vested in the justices and their successours, one square thereof for the use of publick buildings for the county, and the other squares to be by them sold and conveyed to any persons for the purpose of reimbursing the county the costs of the land, of paying for publick buildings, and of lessening their county levy by the poll; the streets to remain for the common use and wayfare of all passengers; the said justices shall immediately, on the return of the said valuation, proceed to erect a courthouse, prison, pillory, and stocks, on the said square reserved for that purpose, and in the meantime shall hold their sessions at such place as they shall from time to time adjourn to.||Lots, how disposed of.|
|And be it farther enacted, That the justices of the said county of Cumberland shall meet on the fourth Monday in July next, at such place as shall be appointed by the sheriff thereof, of which notice shall be given by the sheriff to each justice; and the court, at their meeting, may appoint the same, or any other place, for holding courts, and also provide for building a courthouse, prison, pillory, and stocks, on some place at or as near the centre of the said county as convenience will admit, at which place they shall cause a parcel of ground to be laid off for a town, to be called Effingham, in like manner, and of the same dimensions, and to be valued, paid for, disposed of, and appropriated, as by this act is directed for the county of Powhatan; and after the building shall be completed, the court shall thenceforth be held at such place.||Town of Effingham, at Cumberland courthouse, established.|
|Provided always, That nothing herein contained shall be construed to hinder the sheriff of the said county of Cumberland, as the same now stands entire and undivided from collecting and making distress for all publick dues or officers fees which shall remain unpaid by the inhabitants of the county of Powhatan at the time of its taking place; and the said sheriff shall be answerable for them, in like manner, as if this act had never been made.|
|And be it farther enacted, That the court of the said county of Cumberland shall have jurisdiction of all actions and suits which shall be depending before them at the time the said division shall take place, and may issue process, and award execution therein, in like|
|manner as if this act had never been made; and in all elections of senators to serve in general assembly, the county of Powhatan shall be of the same district with the county of Cumberland.|
|And be it farther enacted, That the governour, or in his absence the presiding member of the council, shall have power to appoint a person in the said county of Powhatan to be the first sheriff, who shall continue in office as by law directed for other sheriffs.|
An act for dividing the county of Albemarle and parish of Saint Anne.
|FOR dividing the county of Albemarle, Be it enacted by the General Assembly, That after the first day of July next the said county of Albemarle shall be two distinct counties, divided by a line beginning at the most western point of the line of Louisa county, and running thence directly to the lower edge of Stott's ferry, on the Fluvanna river, and all that part which lies south eastward of the said line, together with the islands in the Fluvanna river adjacent thereto, shall be called by the name of Fluvanna county, and all the residue of the said county shall retain the name of Albemarle. The said line shall be run by the surveyor of the said county of Albemarle, at the equal expense of the two counties, to be levied by their respective courts. For the administration of justice in Fluvanna county, after the commencement thereof, a court shall be held therein on the first Thursday in every month. The justices to be named in the commission of the peace for the said county of Fluvanna shall meet on the first Thursday in August next, at the house of Thomas Napier, esq. and having themselves taken the oaths required by law to be administered to the presiding justice by any two other members, and then by him to the other justices, may administer the oath of office to the sheriff to be appointed for the said county, and take his bond according to law, and may likewise proceed to|| Albemarle county divided, and Fluvanna formed. |
|appoint and qualify a clerk of the peace, and to fix on a place for holding courts in the said county, at or as near the centre thereof as convenience will admit, and shall thenceforth proceed to erect the necessary publick buildings at the said place, and shall also appoint such places as they shall think fit for holding courts in the mean time, until such buildings be completed.|
|Provided, That the appointment of a clerk of the peace, and of a place for holding courts, shall not be made unless a majority of the justices be present, if such majority shall have been prevented from attending by bad weather, or accidental rise of water courses; but in such case, the appointments shall be postponed until the next court day, and so from court day to court day, as often as such accidents shall happen. The sheriff or collector of the said county of Albemarle shall nevertheless have power to collect and distrain for any publick dues or fees which shall remain unpaid by the inhabitants of Fluvanna county at the time of its taking place, and shall be answerable for the same in like manner as if the said county of Albemarle had remained entire. The court of the said county of Albemarle shall have jurisdiction of all actions and suits which shall be depending before them at the time the said division shall take place, and may issue process and award execution therein, in like manner as if the said county had remained entire. The governour, or in his absence the presiding member of the council, shall have power to appoint a person in the said county of Fluvanna to be the first sheriff, who shall continue in office as by law directed for other sheriffs. In all elections of senators to serve in general assembly, the said county of Fluvanna shall be of the same district of which the county of Albemarle now is. All that part of the parishes of Saint Anne and Fredericksville, which shall be within the said county of Fluvanna, shall, from the said first day of July, be one distinct parish, to be called by the name of Fluvanna parish; and the freeholders and housekeepers thereof shall meet at some convenient time and place, to be appointed and publickly advertised by the sheriff, so that the said time be before the first day of September next, and then and there elect twelve able and discreet persons, who, on qualifying themselves according to law, shall be a vestry for the said parish. The collectors of the parish of Saint Anne and Fredericksville, respectively, shall have power to|| Fluvanna parish formed of those parts of St. Anne &
Fredericksville, lying within the county of Fluvanna. |
|collect and distrain for any dues which shall remain unpaid by the inhabitants of Fluvanna parish at the time of its taking place, and shall be answerable for the same in like manner as if this act had never been made.|
|Part of county of Charlotte, & parish of Cornwall, added to county of Lunenburg, and parish of Cumberland.|
|Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said parish of Cornwall, and county of Charlotte, from collecting and making distress for any levies which may be due and unpaid by the inhabitants thereof; but such sheriff or collector may collect and distrain for the same, and be answerable for them in like manner, as if this act had never been made.|
|* So in original; but it should be "adding."|
|WHEREAS many of the late inhabitants of the borough of Norfolk, who are well affected and friendly to America, have sustained great losses by the destruction of their houses and other property, and it is judged right and just that such of them as suffered for the good of the common cause should receive an adequate satisfaction of the publick:||Preamble.|
|In order, therefore, to administer to them the most speedy and ample justice which the nature of their cases may require, and the circumstances of the country will admit, Be it enacted by the General Assembly, and it is hereby enacted by the authority aforesaid, That Richard Kello, Edwin Gray, Joseph Prentis, Daniel Fisher, Robert Andrews, Carter Braxton, and Cuthbert Bullitt, gentlemen, be, and they are hereby appointed commissioners to inquire into the several claims of the said late inhabitants; and the said commissioners, or any four of them, having first taken an oath before a magistrate well and faithfully to discharge the trust reposed in them by this act, to the best of their judgments, are hereby empowered and required, so soon as they conveniently can, to ascertain the number and estimate the value of the houses and goods which were destroyed in the borough of Norfolk, and its suburbs, in the month of January 1776, distinguishing between such as were destroyed whether by the enemy or others before, and such as were destroyed after the fifteenth of that month, distinguishing also between such proprietors or owners thereof as were friends and such as were enemies to America. And the better to enable them to do this, the said commissioners, or any four of them, are hereby authorised to send for any papers or records, and to summon before them any disinterested witnesses they may think necessary for their information. Every witness so summoned, and attending the said commissioners, shall receive the same allowance for his attendance as is settled by law for a witness attending|| Commissioners appointed to ascertain the losses, by the burning
of Norfolk, in January 1776. |
To distinguish between property destroyed by the enemy, or others; and between proprietors who were friendly, or enemies to America.
|a county court; to be paid by the treasurer on a certificate of the commissioners, or any three of them, out of the publick money in his hands. And every witness failing to attend upon such summon shall for such failure be subject to the same penalty as a witness failing to attend a county court is liable to by law, to be recovered in the court of the county where such witness resides on the motion and in the name of the commissioner first named, for the use of this commonwealth; provided, that the witness have ten days previous notice of such motion, and shall not be able to assign a reasonable excuse for such failure, to be judged of by the said court, and shall also be liable to the action of the party at whose instance such witness was summoned. And if any person whatsoever summoned as a witness, upon his or her appearance before the commissioners, shall refuse to give evidence or oath, or, being restrained by religious principles from taking an oath, solemnly to affirm and declare, to the best of his or her knowledge, every person so refusing shall be committed by the said commissioners to the common jail of the county where the commissioners shall be convened, there to remain without bail or mainprize until he or she will give such evidence; and in case any person, upon such examination, shall wilfully give false testimony, or if any person do unlawfully and corruptly procure or suborn any person, having taken an oath before the commissioners, to give false testimony, he or they, for every such offence, shall suffer as in case of wilful and corrupt perjury.|| |
Their powers, in collecting evidence.
|And be it farther enacted, That the commissioner first named who may be present shall have power to administer proper oaths to any witness; and the said commissioners, or any four of them, shall take the depositions in writing of all witnesses by them examined, and certify the same, together with all other matters appearing to them material, which may occur in the course of their inquiries, to the next session of the general assembly. And the commissioners are hereby authorised to employ a clerk, who shall be sworn by one of them well and truly to discharge the said office, without favour, affection, or partiality. That each commissioner shall be allowed twenty five shillings per day during his attendance, and six pence per mile in travelling to and from the said borough, besides his ferriages, and|| To take depositions, & to report to next assembly. |
|the said clerk shall be allowed such sum as the commissioners may think adequate to his services, which said several allowances shall be paid by the treasurer out of the publick money in his hands.|
An act for altering the bounds of the counties of Montgomery and Washington.
|WHEREAS it is represented to this general assembly, that the dividing line between the counties of Montgomery and Washington is inconvenient to many of the inhabitants, and they have petitioned that a more convenient boundary may be laid off between them, Be it enacted, That from and after the first day of September next the dividing lines between the said counties of Montgomery and Washington shall be altered and bounded in the following manner: For the county of Montgomery, the bounds shall be as follows, beginning at a ford on Holstein river, next above captain John Campbell's, at the Royal Oak, and running from thence a due south course to the dividing line between the states of Virginia and North Carolina, and from the ford aforesaid to the westerly end of Morris's Knob, about three miles above the maiden Spring on Clinch, and from thence by a line to be drawn due north until it shall intersect the waters of the great Sandy river, and from thence down the said Sandy river to the Ohio, thence up the Ohio to the line dividing this from Botetourt county, and thence along the liens of Botetourt, and Henry counties, and the Carolina line, to the beginning. And the lands lying westerly of the county of Montgomery, thus bounded, to the county of Kentucky, shall be the county of Washington.||Boundaries between counties of Montgomery & Washington altered.|
|Provided, That nothing herein contained shall be construed to hinder the sheriffs or collectors of the said counties of Montgomery or Washington, as the same now stand, from collecting or making distress for any publick dues and officers fees which shall remain unpaid|
|by the inhabitants of the said counties at the time the said alteration shall take place; but such sheriffs and collectors shall have the same power to collect and distrain for the said dues and fees, and shall be answerable for them in the same manner, as if this act had never been made.|
|And be it farther enacted, That the courts of the said counties of Montgomery and Washington, respectively, shall have jurisdiction over all actions or suits both in law and equity, which shall be depending before them at the time the said alteration shall take place, and may try and determine all such actions and suits, and issue process and award execution thereupon, in the same manner as if this act had never been made.|
|WHEREAS an act of general assembly, intituled "An act for reviving several publick warehouses for the reception of tobacco, and other purposes," is found from experience not to answer the end intended thereby: For remedy whereof, Be it enacted by the General Assembly, That all inspectors shall, at the court held for their county in the month of September annually, or if there be no court in that month, then at the next court held for their county, lay before the court an account, upon oath, of the transfer receipts by them not taken in and received, and after such account exhibited, and oath made, shall sell the tobacco in such receipts contained, deducting the allowance for shrinkage and waste, at publick auction, at the door of the courthouse, between the hours of twelve and two; and the inspectors shall, from time to time, pay the money arising from such sale, in satisfaction for their receipts, to the proprietors thereof. And all inspectors shall keep a just and true account of the tobacco|| Transfer tobacco, when to be accounted for, and how sold.
Inspectors to account for tobacco saved.
|gained or saved upon the allowance made for cask or shrinkage of transfer tobacco, or otherways, and if any tobacco shall be so gained or saved, shall exhibit an account thereof, upon oath, in the same manner as is before directed concerning transfer tobacco not received, and shall also sell the tobacco so gained and saved, in the same manner as is directed for the sale of transfer tobacco, and shall settle the accounts for the money arising by such sale with the court, and pay the amount into the treasury of this commonwealth; and the treasurer for the time being shall account for the same to the general assembly; and no inspector shall convert any tobacco so gained or saved to his own use.|
|And be it farther enacted, That the notes of Fredericksburg and Royston's shall pass in the payment of levies, officers fees, and other tobacco debts, in the county of Culpeper, and the notes of Shockoe's, Byrd's, and Cabin Point, in the county of Dinwiddie.||Currency of certain notes.|
|And whereas it is represented, that the landing of the warehouses at Bray's, in the town of Leeds, is very inconvenient to the publick, Be it therefore enacted, That Thomas Jett, gentleman, proprietor of the said warehouses, shall remove the same to the most convenient place on his lands adjoining to the said town. And that publick warehouses for the receipt and inspection of such tobacco as shall be carried to the same shall be established at the Brick House and Waddy's, in the county of New Kent, and at Bowler's, in the county of Essex, under the same inspection with Piscataway, with an additional salary of five pounds to each of the inspectors; and that the warehouses on Wicomico river, now under one inspection, shall be under two, distinguished by the north and south; and the inspectors at the Brick House shall each receive the salary of thirty pounds, at Waddy's the salary of thirty pounds, at north Wicomico the salary of twenty two pounds, and at south Wicomico the salary of eighteen pounds, to be paid out of the profits arising from their respective warehouses. And there shall be allowed to each of the inspectors at Cedar Point the additional sum of ten pounds per annum but should so much not remain after paying the rents of the warehouses, and other necessary disbursements, then the said inspectors shall receive for their salaries only what shall so remain at their respective inspections.|| Landing at Bray's removed. |
Other warehouses established.
|And be it farther enacted, That should any tobacco be suffered to remain in any warehouse more than twelve months after the same is inspected, the proprietor of such warehouse shall receive from the exporter of such tobacco an additional rent, at the rate of ten pence per annum for each hogshead, to be paid to the inspectors before such tobacco is delivered.||Additional rent for tobacco remaining over 12 months.|
|And be it farther enacted, That if any tobacco shall be stolen out of any warehouse without the default of the inspectors, the loss shall be sustained by the owner or owners thereof.||Tobacco stolen without default of inspectors, owners to bear the loss.|
|And if any tobacco shall be found on board any vessel in bulk or parcels, such tobacco shall not only be forfeited, and may be seized by any person or persons whatsoever, but the master or skipper offending herein shall forfeit and pay five pounds for every hundred weight of such tobacco, and so proportionably for a greater or lesser quantity, to be recovered before two justices of the peace where the penalty shall not exceed five pounds, and where it shall exceed that sum, the same shall be recovered, with costs, by action of debt, in any court of record, by the party searching for and finding such tobacco.||Penalty on masters of vessels, on board of which tobacco is found in parcels.|
|Provided nevertheless, That no person shall incur the penalty of this act by removing tobacco in bulk or parcels as aforesaid from one plantation to another, or to some publick warehouse for inspection.||Proviso.|
|And be it farther enacted, That the three shillings heretofore payable upon the delivery of each note shall in future be demandable at the time of inspecting and passing the said tobacco, and that so much of the said recited act as is within the purview of this act be and is hereby repealed; and all other parts of the said recited acts, together with this act, shall be and remain in force until the first day of October one thousand seven hundred and seventy eight.||Inspection fee, to be paid at passing tobacco.|
| CHAP. XXX.
An act to establish several new ferries and for discontinuing others.
|[Chan. Rev. p. 57.]|
|I. WHEREAS it is represented to this present general assembly, that publick ferries at the places hereafter mentioned will be of great advantage to travellers, and others: Be it therefore enacted by the General Assembly, That publick ferries be constantly kept at the following places, and the rates for passing the same shall be as follows, that is to say: From the land of William Howard, in the county of Amherst, over Rockfish river, at or near the mouth thereof, to the land of the said William Howard, in the county of Amherst, over Rockfish river, at or near the mouth thereof, to the land of the said William Howard on the opposite shore, in the county of Albemarle, the price for a man two pence, and for a horse the same; from the lands of the said William Howard, on each side of Rockfish river, in the said counties of Amherst and Albemarle, across the Fluvanna river, to the lands of Thomas Anderson, in the county of Buckingham, and from the said Anderson's to the said Howard's as aforesaid, the price for a man three pence, and for a horse the same; from the lands of John Dix, in the county of Pittsylvania, across Dan river, to his land on the opposite shore, the price for a man three pence, and for a horse the same; and from the land of George Watkins, in the county of Halifax, on the north side of Banister river, to the land of John Murphy, on the opposite shore, the price for a man two pence, and for a horse the same; and for the transportation of wheel carriages, tobacco, cattle, and other beasts, at any of the places aforesaid, the ferry keeper may demand and take the following rates, that is to say: For every coach, chariot, or waggon, and the driver thereof, the same as for six horses; for every cart or four wheel chaise, and the driver thereof, the same as for four horses; for every two wheel chaise or chair, the same as for two horses; and for every hogshead of tobacco, as for one horse; for every head of neat cattle, as for one horse; for every sheep, goat or lamb, one fifth part of the ferriage for one horse; and for every hog, one fourth part of the ferriage of one horse, according to the prices herein before settled at such ferries respectively, and no more. And if any ferry keeper|| New ferries established. |
|shall presume to demand or receive, from any person or persons whatsoever, any greater rates than are hereby allowed for the carriage or ferriage of any thing whatsoever, he or they, for every such offence, shall forfeit and pay to the party grieved the ferriages demanded or received, and ten shillings, to be recovered with costs before any justice of the peace, of the county where such offence shall be committed.||Penalty for exceeding legal rates.|
|II. And whereas the public ferries from the land of Benjamin Howard, across Fluvanna river, to the land of Neil Campbell, in the county of Albemarle, and from the land of John Dix, across Dan river, to the land of Robert Payne, in the county of Pittsylvania, have been found inconvenient: Be it therefore farther enacted, That the said ferries shall henceforth be discontinued.||Ferries discontinued.|
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