|Pages 476-494||Pages 510-525|
|CHAP. XXIX.||[Chapter LXVIII in original.]|
|I. BE it enacted by the General Assembly, That the governor with the advice of council, be authorized and required to purchase on the best terms he can, either in the country or by importation, in the ensuing year, as many thousand stand of arms and accoutrements brass mounted, of the descriptions directed in the military law, with the words "Virginia militia" engraved thereon, as the money which from time to time may be appropriated for that purpose will purchase.||Arms and accoutrements to be provided.|
|II. And be it further enacted, That if any such arms and accoutrements shall be imported from Europe, such importation shall be from France.||If imported, to come from France.|
|III. And be it further enacted, That the governor, with advice of council, shall also in like manner in the same year, and out of the fund herein after provided, import ten tons of musket powder, two hundred thousand gun-flints; and one hundred ream of musket cartride [cartridge] paper, to be deposited in the public magazines. And for carrying this act into execution in the year one thousand seven hundred and eighty five, the executive is hereby authorized and empowered to draw ten thousand pounds out of any money which may be in the hands of the treasurer, on, or after the first day of July next, which shall be replaced out of the monies arising from the land office, so far as the same may not be already||Gun powder, flints, & cartridge paper, to be imported.|
|appropriated, and as much of the unappropriated two-tenths, as may be sufficient.|
An act to prevent the counterfeiting certain certificates and warrants.
|[Ch. LXIX in original.]|
|I. BE it enacted by the General Assembly, That if any person within this commonwealth shall forge or counterfeit, alter or erase, any certificate or warrant issued or to be issued by any person or persons authorized for that purpose, either by the congress of the United States or the legislature of this state, for the payment of money, or shall be aiding or assisting therein, or shall demand payment thereof, knowing the same to be forged, counterfeited, altered or erased, or shall forge or counterfeit, alter or erase, any certificate whatever for the purpose of obtaining a settlement of money from any person or persons authorized for that purpose, either by the congress of the United States or the legislature of this state, or shall be aiding or assisting therein, or shall require settlement thereon, or transfer the same, knowing it to be forged, counterfeited, altered, or erased; he or she so offending, and thereof legally convicted, shall suffer death without benefit of clergy. All and every act or acts of assembly made to prevent the counterfeiting of certificates, are hereby repealed.||Forgery of certificates issued by congress, or this state, death without clergy.|
| CHAP. XXXI.
An act giving further powers to the directors of the public buildings.
|Ch. LXX in original.|
|I. WHEREAS it hath been represented to the general assembly, by the directors of the public buildings, that apartments can be provided for the use of the legislative, executive, and judiciary, to greater advantage and with less expense, by uniting them under one roof, than by erecting separate houses;|
| II. Be it enacted by the General Assembly, That it shall
be in the discretion of the said directors to cause apartmenss to be provided for
the uses aforesaid under one and the same roof; any law to the contrary notwithstanding. And
whereas it is represented to the general assembly, that two of the directors heretofore appointed
by law are dead, and it is necessary that such vacancy should be supplied;
III. Be it therefore enacted by the General Assembly, That Jaquelin Ambler and William Hay, gentlemen, shall, and they are hereby appointed directors of the said public buildings, with the same powers that by law are given to the directors of the said public buildings.
| Directors of public buildings authorised to provide apartments
for legislature, executive and judiciary, in the capitol, instead of erecting separate
Jaquelin Ambler and Wm. Hay appointed directors.
|Ch. LXXI in original.|
|I. WHEREAS the commissioners appointed by an act, intituled "An act directing the sale of certain public lands, and for other purposes," have found it difficult to procure a meeting of a sufficient number to carry the said act into effect, by reason whereof the said lands have not been sold as by the said act is directed: For remedy whereof,||Preamble.|
|II. Be it enacted by the General Assembly, That the public lands called and known by the name Gosport, shall be, and the same are hereby annexed to the town of Portsmouth; and the governor, with advice of council, shall be, and he is hereby empowered and directed to appoint three or more commissioners, who shall lay off the said land into lots not exceeding a quarter of an acre each, with convenient streets, and as nearly parallel to the streets in the said town of Portsmouth as the situation of the place will conveniently admit. And the said commissioners so appointed, are hereby authorized and required to make sale of the said lots, or so many thereof, as the governor, with advice of council, may direct, in manner and on the conditions herein after prescribed. The said commissioners shall give previous notice of such sale at least sixty days on the Virginia, Maryland, and Pennsylvania Gazettes, and shall dispose of the same by public sale on the premises, to the highest bidder, on the day appointed (if fair, and if not, the next fair day) for twelve months credit, taking bond with two sufficient securities for the payment thereof; which bonds, if not paid when due, shall be recoverable in any court of record within this commonwealth, on motion of the solicitor, or other person appointed by the executive for that purpose, provided notice of such motion be given in the public news-papers at least three weeks previous to such motion. The governor, with advice of his council, may authorize and appoint the said commissioners who conduct the sale of the said lands, or any other person or persons on behalf of the commonwealth, to convey to the purchasers thereof an estate in fee simple in the same; but such conveyance shall not be made until the full consideration for which such lands have been sold shall be paid to the person or persons authorized by the governor, with advice of council, to receive such payment. If any purchaser of the said land shall make payment for any part of the said land before such payment shall be due, he shall be entitled to a discount at the rate of six per centum per annum. −− The said lands shall be sold for current money of Virginia, payable in Spanish milled dollars at the rate of six shillings each, or in other silver or gold coin at a proportionate value, which payment shall be secured in manner aforesaid; or for warrants drawn by the auditors|| Public lands, called Gosport, annexed to town of
Commissioners, how appointed.
To lay off into lots and streets.
Notice of sale.
Mode of recovery.
Conveyances to purchasers.
Sale for specie or certificates.
|of public accounts, or other person appointed by law for that purpose, for payment of debts due by this state to foreign creditors, which warrants shall express that the same are to be received in payment for the Gosport lands, and shall be countersigned by the governor or chief magistrate of this commonwealth. All the money arising under this act from the sale of the said Gosport lands, shall be applied to the payment of the debts due to foreign creditors, in such manner as the general assembly shall direct.|
|III. And be it further enacted, That the commissioners to be appointed under this act, shall, before they enter on the duty of their office, give bond to the governor or chief magistrate of this commonwealth and his successors, in the sum of twenty thousand pounds, for the true and faithful discharge of their duty; for which services they shall be allowed two per centum on the amount of the sales by them made.||Bond of commissioners.|
|IV. And be it further enacted, That a majority of the commissioners appointed by this act, shall have full power and authority to make sale of the said lands, and to carry the same into effect in all other respects agreeable to the powers vested in them by this act. −− So much of any former act as comes within the purview of this act, is hereby repealed.||Majority may act.|
|[Ch. LXXII in original.]|
|I. WHEREAS the salaries at present allowed to the judges of the supreme court in the Kentucky district are indequate [inadequate] to their services, and the funds out of which they are to be paid insufficient;||Preamble.|
|II. Be it enacted by the General Assembly, That in lieu of the salaries given to the said judges by the act, intituled "An act for the better support of the supreme court in the Kentucky district," they shall be allowed||Salaries of judges of supreme court in Kentucky district, increased.|
|annually, each, the sum of three hundred pounds: And in lieu of the funds at present destined for the payment thereof,|
|III. Be it enacted, That the deputy register shall pay in quarterly payments to each of the said judges, or their order, the sum of seventy five pounds, and shall take receipts therefor; which receipts after having preserved a duplicate thereof in his office, he shall transmit to the register to the land office, who in his settlement, as by an act of the present session of assembly, intituled "An act for appropriating the fees of the land office in aid of the public revenue, and placing the register and his deputy on the civil list," is directed, shall be allowed to pass the same as cash.||To be paid by deputy register of land office.|
|IV. And be it further enacted, That the several courts of the counties within the Kentucky district, be, and they are hereby authorized and required, to appoint two of their own body, who shall meet together at the place fixed on by the supreme court of the said district, and determine on the sum of money necessary for building a court-house, prison, and other buildings necessary for the use of the said court, and shall apportion the said sum on the said several counties, according to such rule as they may judge most equitable; and each of the courts of the said counties are hereby authorized to levy the sums apportioned on their respective counties in the same manner as other county levies are raised within the same. The said buildings shall be erected at such place as the supreme court shall judge best, and by such persons, and on such terms, as the clerk of the said court, under the direction of the court, shall contract for. Any justice of the peace failing herein, shall forfeit and pay the sum of fifty pounds, to be recovered by bill, plaint, or information, in the said supreme court; one half to the use of the informer, the other half to be applied to the purposes of this act.||Courthouse, prison, and other buildings for supreme court, how to be erected.|
| CHAP. XXXIV.
An act to remedy certain impositions in the adjustment of military claims.
|[Ch. LXXIII in original.]|
|I. WHEREAS it hath been reported to this present session of assembly by the commissioners directed to be appointed by the executive at the last session, to inquire into impositions in the settlement of accounts with the auditors for pay and depreciation on military claims, that many such impositions have been made on forged certificates of service and other insufficient vouchers;|
|II. Be it therefore enacted, That the said commissioners shall be empowered, and are hereby directed to notify all persons, or in cases of death, their legal representatives, whose ascounts, or any part thereof, they have adjudged, or shall hereafter adjudge to be founded on forged certificates of service, or any other insufficient vouchers, to furnish them with the best evidence they can in support of their said respective claims, for their reconsideration thereof; and if any person so notified, shall fail to furnish such evidence as shall satisfy the said commissioners of the justness of the claim in question, in the space of sixty days after receiving such nitrification, or to refund to the public the amount of the certificate or certificates drawn thereon, in the like certificates, together with the interest which may have been drawn thereon, in specie, or the interest warrants issued on such certificates, the governor, with the advice of council, is hereby directed to instruct the attorney general to prosecute such person, his heirs, executors, or administrators, for recovery thereof in the general court.||Impositions in adjusting military claims on forged, or insufficient vouchers, how prevented.|
|III. And be it further enacted, That in case any such settlement may have been made by a person not the original claimant, and a certificate or certificates obtained by him or her thereupon, and the person so settling and obtaining the said certificate or certificates, his or her heirs, executors, or administrators, shall prove satisfactorily that he or she was acting for the use and benefit of another person or persons, and that he or she had no interest whatever in the claim so settled; and in case of a forged certificate of service, the person so settling, being alive, shall also swear that he or she||Remedy, where certificates have been drawn.|
|had no privity or knowledge of such forgery, or reason to believe that the same was forged, such person, his or her heirs, executors, or administrators, shall not be obliged to refund as aforesaid, but recourse shall in every such case be had against the person or persons in whose behalf the settlement was made, his, her, or their heirs, executors, or administrators. The governor with the advice of council, shall draw on the contingent fund to enable the said commissioners to give the notifications aforesaid.|
|Ch. LXXIV in original.|
|I. WHEREAS the act of assembly, passed in the year one thousand seven hundred and eighty-one, intituled, "An act for calling in and funding the paper money of this state," which has been continued and amended by several subsequent acts, will expire at the end of the present session of assembly, and it is expedient that a further time should be given to the holders of paper money for the purpose of funding the same;||Act for calling in and funding paper money further continued.|
|II. Be it therefore enacted, That the said recited act shall continue and be in force from and after the expiration thereof, for and during the term of one year. Provided nevertheless, That nothing herein contained shall extend so much of the aforesaid act as respects the purchase of warrants for unappropriated lands.|
|CHAP. XXXVI.||Ch. LXXV in original.|
|I. WHEREAS it is represented to this present general assembly, that James Ramsey hath invented boats which are constructed upon a model that will greatly facilitate navigation against the current of rapid rivers, whereby great advantages may be derived to the citizens of this state; and whereas the said James Rumsey hath made application for the sole and exclusive right and privilege of constructing and navigating such boats for the term of ten years as a recompence for this invention:||Preamble.|
|II. Be it therefore enacted, That the said James Rumsey, his heirs, executors, and assigns, shall have the sole and exclusive right and privilege of constructing and navigating boats upon his model, in each and every river, creek, bay, inlet, or harbour within this commonwealth, for and during the said term of ten years, to be computed from the first day of January, one thousand seven hundred and eighty-five. If any person, other than the said James Rumsey, his heirs, executors, or assigns, shall during the term aforesaid, either directly or indirectly, construct, navigate, employ, or use, any boat or boats upon the model of that invented by the said James Rumsey, or upon the model of any future improvement which the said Rumsey may make thereon, he or they, for every boat so constructed, navigated, employed or used, shall forfeit and pay for every such offence the sum of five hundred pounds, to be recovered with costs, by action of debt, to be founded on this act, in any court of record; one half to the use of the party who will sue for the same, and the other half to the use of the said James Rumsey. Provided always, That the exclusive right and privilege hereby granted, may at any time during the said term of ten years, be abolished by the legislature, upon paying to the said James Rumsey, his heirs, executors, or assigns, the sum of ten thousand pounds current money of Virginia.|| James Rumsey granted exclusive privilege of navgating boats
against the stream.|
Penalty for infringing his privilege.
Right may be abolished, by paying a certain compensation, to the inventor.
| CHAP. XXXVII.
An act to regulate the solemnization of marriages.
|Ch. LXXVI in original.|
|I. WHEREAS it is necessary to adopt one general mode for celebrating marriages throughout this state,||Marriages, how celebrated.|
|II. Be it enacted by the General Assembly, That it shall and may be lawful for any ordained minister of the gospel in regular communion with any society of christians, and every such minister is hereby authorized to celebrate the rites of matrimony according to the forms and customs of the church to which he belongs, between any persons within this state, who, agreeable to an act of assembly, passed in the year of our Lord one thousand seven hundred and forty-eight, intituled, "An act concerning marriages," shall produce a marriage licence directed to any authorized minister of the gospel. Provided always, that every such minister shall first produce credentials of his ordination, and also of his being in regular communion with the christian society of which he is reputed a member, to the court of the county or borough in which he resides; shall take the oath of allegiance to this commonwealth, and enter into bond, with two or more sufficient securities, in the sum of five hundred pounds current money, payable to the governor for the time being and his successors, conditioned for the true and legal performance of this trust: Whereupon such court is hereby required to grant such minister, a testimonial in the following form, given under the hand and seal to the then sitting judge or senior magistrate, and attested by the clerk, to wit: "This shall certify to all whom it may concern, that at a court held for −−−−−, on the −−−− day of −−−−−, one thousand seven hundred and −−−−−, A. B. produced credentials of his ordination, and also of his being in regular communion with the −−−−−− church, took the oath of allegiance to this commonwealth, and entered into bond, as required by an act of assembly, intituled, "An act to regulate the solemnization of marriages," And that he is thereby authorized to celebrate the rites of matrimony agreeable to the forms and customs of the said church, between any persons to him regularly applying therefor within this state. Given under my|| |
By any ordained minister,
To provide credentials.
|hand and seal the day and year above written." Every testimonial so obtained, shall be taken as good and sufficient authority for celebrating the rites of matrimony according to law. Provided nevertheless, That no testimonial shall be granted to any minister who is itinerant, or who is not stated and settled within some parish or with some christian congregation within this commonwealth. Provided also, If any authorized minister shall himself at any time decline, or be ejected from his office by the church to which he belongs, or if any of his securities shall give him notice in writing that they desire to be released from their suretyship, in either, of these cases, if he refuses or neglects to give up his testimonials to the court from which they were obtained, any one of his securities, without instituting a suit, may proceed against him as if they were his special bail in an action of debt until he is thereunto compelled or gives them sufficient caution for their indemnification.|| |
Not to be granted to itinerant ministers.
|III. And be it further enacted, That it shall and may be lawful for the people called quakers and menonists, or any other christian society that have adopted similar regulations in their church, to solemnize their own marriages, or to be joined together as husband and wife, by the mutual consent of the parties openly published and declared before their congregations when convened for religious worship, in the manner and agreeable to the regulations that have heretofore been practiced in the respective societies. And whereas some magistrates and others, not authorized by law, have been induced by the want of ministers, to solemnize marriages in the remote parts of this state;||Quakers, menonists, and others, may unite in matrimony, according to the regulations of their societies.|
|IV. Be it enacted, That all such marriages heretofore openly solemnized and made, or which shall be so made before this act shall take effect, and have been consummated by the parties cohabiting together as husband and wife, shall be taken, and they are hereby declared good and valid in law; and all and every person or persons solemnizing such marriages, are, and shall be exonerated from all pains and penalties as if they had been authorized ministers. Provided always, and it is the true intent and meaning of this act, That nothing herein contained shall extend or be construed to extend to confirm any marriage heretofore celebrated, or which may hereafter be celebrated, between parties within the degrees of consanguinity or affinity|| Former marriages declared valid.|
Not to extend to marriages within prohibited degrees.
|forbidden by law, or where either of the parties were bound by a prior marriage to a husband or wife then alive.|
|V. And be it further enacted, That instead of the fees heretofore prescribed by law, any authorized minister may demand and receive in current money, for the celebration of every marriage the sum of five shillings; and every clerk of a court for issuing a marriage license, may demand and receive the sum of fifteen pence.||Fees.|
|VI. And be it further enacted, That every minister offending against any of the directions of this act, shall be subject to the same pains and penalties as in like cases are imposed by the said recited act "Concerning marriages." And that a register of all marriages may be preserved,||Penalties.|
|VII. Be it enacted, That a certificate of every marriage hereafter solemnized, signed by the minister celebrating the same, or in the case of quakers, menonists, and other societies that solemnize their marriages by the consent of the parties taken in open congregation as aforesaid by the clerk of the meeting, shall be by such minister or clerk, as the case may be, transmitted to the clerk of the county wherein the marriage is solemnized within twelve months thereafter, to be entered on record by such clerk in a book by im to be kept for that purpose, which shall be evidence of all such marriages. The clerk shall be entitled to demand and receive of the party so married, the sum of fifteen pence for recording such certificate and giving the bearer a receipt therefor. And every minister or clerk of a congregation as the case may be, failing to transmit such certificate to the clerk of the court in due time, shall forfeit and pay the sum of twenty pounds current money; and if the clerk of any county shall fail to record such certificate, he shall forfeit and pay the like sum of twenty pounds; to be recovered, with costs of suit by the informer, in any court of record.|| Record of marriages, how to be preserved.|
Penalty for failure.
|VIII. And be it further enacted, That this act shall commence and be in force from and after the first day of July next; and then immediately so much of every act or acts as comes within the purview and meaning of this act, shall be, and is hereby repealed.|
| CHAP. XXXVIII.
An act to amend the act, intituled An act for clearing the Roanoke river.
|[Ch. LXXVII in original.]|
|I. WHEREAS an act, intituled "An act for clearing Roanoke river," hath been found ineffectual to prevent the continuance of stone stops, in the said river, whereby a free navigation and the passage of fish are obstructed therein, to the great injury of many of the good citizens of this state: For remedy whereof,|
|II. Be it enacted, That from and after the twentieth day of February, one thousand seven hundred and eighty-five, every person or persons, possessing, renting, or managing any land bordering on Roanoke, Dan, Staunton, Smith's, or Mayo rivers, who shall continue or suffer to be continued, any hedge, stone stop, or artificial obstruction between the middle of either of the aforesaid rivers, and such land so possessed, rented, or managed by him, her, or them, shall forfeit and pay the penalty of two thousand pounds weight of nett crop inspected tobacco for every week such hedge, stone stop, or artificial obstruction shall be continued after the party shall have had ten days previous notice of the contents of this act, provided it shall appear that such hedge, stone stop, or artificial obstruction is so erected as to obstruct the navigation or passage of fish at low water, in the aforesaid rivers or either of them; to be recovered with costs, on due proof, in any court of record, on bill, plaint, or information; one fourth to the informer, the other three fourths to be applied towards clearing the said rivers by the trustees appointed under the aforesaid act.||Penalty for obstructing navigation of Roanoke, Dan, Staunton, Smith's, or Mayo rivers, by bridges, stone stops, &c.|
| CHAP. XXXIX.
An act to amend the act For establishing pilots, and regulating their fees.
|[Ch. LXXVIII in original.]|
|I. WHEREAS it is represented to this present general assembly, that the price allowed for pilotage of vessels, by the act, intituled "An act for establishing pilots, and regulating their fees," are inadequate to their services:||Additional fees allowed to pilots.|
|II. Be it therefore enacted, That every pilot may demand and take for each vessel drawing ten feet water and under, one-fifth more in addition to the sums respectively allowed by the foot in the said recited act.|
|Ch. LXXIX in original.|
|I, WHEREAS by the act, intituled "An act to amend the act, intituled an act for adjusting and settling the titles of claimers to unpatented lands under the present and former government, previous to the establishment of the commonwealth's land office," county courts where [were] empowered to grant certificates of settlement and pre-emption rights in certain cases. And whereas also, it has been doubted whether any person claiming lands by virtue of a treasury warrant, and caveating a person||Preamble.|
|claiming the same lands under such certificate of settlement and pre-emption, or being caveated by him, be allowed to examine into and contest the legality to such certificate in the trial of the cause, even though he had no previous notice that such certificate was to be applied for:|
|II. Be it enacted, That in all cases where any caveat has been or shall be entered by or against any person claiming lands by virtue of a certificate granted by a county court of a settlement and pre-emption right, or of a pre-emption right only, such certificate shall not of itself be considered as conclusive proof of the title of the person holding the same, but the opposite party, by or against whom such caveat may have been entered, shall be allowed to adduce any testimony proving that such certificate was granted contrary to law, or in any manner invalidating the said certificate. Provided always, That any magistrate, or officer belonging to the court, granting such certificate as aforesaid, and, who was present at the time of granting the same, may be admitted as a witness for either party to prove on what testimony such certificate was granted.|| On trial of caveats, certificate of county courts, of settlement
or pre-emption rights, not conclusive evididence of title.|
Proof of testimony on which certificates granted admissible.
|Ch. LXXX in original.|
|I. BE it enacted by the General Assembly, That the whole estate, both real and personal of Stephen Yancey, who was convicted of murder at the session of the general court in October last, and executed accordingly, be, and the same is hereby vested in Waddy Thompson, Garret Minor, and Charles Yancey, gentlemen, trustees, to be by them or any two of them sold for the best price that can be had, giving one month's previous notice of the time and place of sale in the Virginia Gazette, and||Estate of Stephen Yancey, who was executed for murder, vested in his children.|
|convey the same to the purchasers in fee; the money arising from the sale thereof shall be applied by the said trustees, in the first place to the payment of the just debts of the said Stephen Yancey, and the residue to be divided and apportioned equally between the widow and children; and the portions of the latter paid by the said trustees to their guardian or guardians: Provided, That nothing herein contained shall be construed to hinder the widow of the said Stephen Yancey from taking her dower in the lands and one third of the slaves for life, if she prefers that, to a child's part of the lands and slaves. And whereas, several persons have been convicted of capital offences during the last session of the general court in December, and if they or either of them shall be executed for the same, their estates will be forfeited to the commonwealth, and it may be right and just that the same should remain to the use and for the benefit of the families of such unhappy persons:||Saving the widow's dower.|
|II. Be it therefore enacted, That the governor with the advice of council, may, upon application, remit to the wife and children of any such criminal, all the estate real and personal of which he may be seized, after paying the debts of such criminal, in just and equal proportions; any law, usage, or custom, to the contrary notwithstanding.||Governor & council may remit estates of criminals, who are executed, to the wife and children.|
|Ch. LXXXI in original.|
|I. WHEREAS the act of assembly, passed in the year one thousand seven hundred and sixty-two, intituled, "An act for the inspection of pork, beef, flour, tar, pitch, and turpentine," which was continued and amended by several subsequent acts, will expire at the end of the present session of assembly, and it is expedient|
|and necessary that the same should be further continued and amended:|
|II. Be it therefore enacted, That the act, intituled "An act for the inspection of pork, beef, flour, tar, pitch, and turpentine," except so much thereof as respects the article of flour, shall continue and be in force, from and after the expiration thereof, together with this act, for and ruing the term of ten years, and from thence until the end of the next session of assembly, and no longer.||Act for inspection of pork, beef, flour, tar, pitch, and turpentine further continued.|
|III. And be it further enacted, That the several inspectors appointed or to be appointed by virtue of the said recited act, shall receive the following fees in lieu of those heretofore established, to wit: For everey barrel of pork or beef inspected and stamped, four pence; and for every barrel of tar, pitch, and turpentine, three pence.|
|Pages 476-494||Pages 510-525|