Pages 345-363 
|  Pages 382-400
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| Pages 345-363
| Pages 382-400
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| CHAP. XIII. An Act, for appointing several new ferries. | |
| I. BE it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That public ferries be constantly kept at the places herein after named; and that the rates for passing the said ferries be as follows: | New ferries appointed and their rates settled. |
| On Appomattox river, above the narrow falls, from the land of William Pride, in the county of Henrico, over the said river, to the land of the said Pride, in Prince George county, the price for a man, two pence, and for a horse, the same. | |
| From the land of William Cabbell, in Albemarle county, at the mouth of Swan's creek, over the Fluvanna river, to the land of Samuel Spencer, the price for a man, three pence, and for a horse, the same: And from the land of the said William Cabbell, over Tye river, to the land of the said Cabbell, the price for a man, three pence, and for a horse, the same. | |
| On Patomack river, from the land of William Clifton, in Fairfax county, over the said river, to the land in the tenure of Thomas Wallis, in Prince George county, in Maryland, the price for a man, one shilling, and for a horse, the same. From the land of Hugh West, in Fairfax county, over the said river, either to Frazier's or Addison's landings, the price for a man, one shilling, and for a horse the same. | |
| From York, Hampton, and Norfolk towns, to the land of Littleton Eyre, on Hungar's River, in Northampton county, and from thence to either of the aforesaid places, the price for a man passing singly, twenty shillings, and for a horse the same; for a man and horse, or if there be more, for each, fifteen shillings. | |
| From Todd's warehouse landing, in King and Queen county, to the land of Robert Armistead Bird, in King William county, the price for a man, two pence, and for a horse the same. | |
| II. And that the courts of the several counties wherein such ferries shall be kept, shall have power to appoint proper boats to be kept at the said ferries, for the convenient transportation of coaches, waggons, and other wheeled carriages: That when such boats shall | For wheel-crrriages. |
| be so provided and kept, it shall and may be lawful for the keepers of such ferries, to demand and take, for the ferriage and carriage of such wheel carriages, the following rates; (to wit.) for every coach, chariot, or waggon, and for the driver thereof, the same as for the ferriage of six horses, according to the rates herein before settled at such ferries respectively; and for every cart or four wheeled chaise, and the driver of such chaise, the same as for the ferriage of four horses; and for every two wheel chaise, or chair, the same as for the ferriage of two horses, according to the said rates, and no more: And that the licenses for keeping the said ferries, shall be obtained in the same manner, and the keeper thereof have such exemptions and advantages, and be under the like regulations and restrictions, as is and are by law provided for and in respect of the keepers of public ferries, heretofore settled and appointed. | Licences. &c. | |
| III. And be it further enacted, That at the county ferry over the Fluvanna, in the county of Albemarle, from the land of Daniel Scott, to the land of William Battersby, the ferry keeper be allowed to take the following rates; (to wit,) for a man, three pence, and for a horse, the same; for wheel carriages, and the drivers thereof, the same rates as are allowed to the keepers of public ferries, and no more. | ||
| CHAP. XIV. | ||
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| I. WHEREAS large quantities of tobacco have been lately damaged and lost, at the public warehouses at Gray's creek on James river, in Surry county, and at York town, on York river, in York county, by the overflowing of the tide, a particular account of which tobaccos, with the names of most of the proprietors, is stated in a schedule hereunto annexed; wherefore, to the end the sufferers therein mentioned may receive full satisfaction and reparation, for their several losses: | Compensation for tobacco damaged and lost in Gray's creek and York warehouses. |
| II. Be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the treasurer of this colony out of the public money in his hands, shall pay to the sufferers respectively, according to the several quantities of tobacco by them lost at the public warehouse at Gray's creek, aforesaid, after the rate of fifteen shillings per hundred; and according to the several quantities by them lost at the public warehouse at York, aforesaid, according to the rates following; (to wit,) unto Edward Digges, gentleman, one of the sufferers, after the rate of one pound five shillings per hundred; and unto the other sufferers there, after the rate of sixteen shillings and eight pence per hundred: And that the said treasurer, for all tobaccos damaged and lost at Gray's creek warehouse, as aforesaid, pay the several sums due to each proprietor, to the bearer of the inspectors notes, where notes were given; and where no notes were given, then to the person producing sufficient proof of his or her property, upon oath made, before some justice of the peace of the county where he or she resides, and certified under the hand of such justice: And for all tobaccos damaged and lost at York warehouse, as aforesaid, to the several proprietors mentioned in the schedule aforesaid; which shall be a sufficient discharge to him, as to all the tobacco contained in the said schedule. | |
| III. And whereas one hogshead of tobacco, saved out of the tobacco damaged at Gray's creek warehouse, is now remaining in the inspectors hands, and the inspectors at both the said warehouses have been at great trouble and expences, in picking and reprizing the damaged tobacco aforesaid: | |
| IV. Be it further enacted, by the authority aforesaid, That the hogshead of tobacco saved as aforesaid, be by the treasurer sold; and that out of the public money in his hands, he pay to the inspectors at Gray's creek warehouse, aforesaid, the sum of eleven pounds eight shillings; and to the inspectors at York warehouse, aforesaid, the sum of thirty four pounds ten shillings, for their trouble and expences; and that the money arising by the sale of all the tobacco saved out of the damaged tobacco at Gray's creek warehouse, and |
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| The SCHEDULE to which this act refers. A List of Tobacco drowned in Gray's creek warehouse. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| CHAP. XV. An Act, for altering several Court days. | ||||||||||||||||||||||||||||||||||||
| I. WHEREAS the court days of the several counties of Nansemond, Isle of Wight, Princess Anne, Norfolk, King William, Albemarle, and Augusta, as the same are now settled are found to be inconvenient: | ||||||||||||||||||||||||||||||||||||
| II. Be it therefore enacted, by the Lieutenant Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the first day of May next, the court of the said county of Nansemond shall be held, on the second Monday: the court of the said county of Isle of Wight, on the second Thursday: The court of the said county of Princess Anne, on the third Tuesday: The court of the said county of Norfolk, on the third Thursday: The court of the said county of King William, on the third Friday: The court of the said county of Albemarle, on the second Thursday: And the court of the said county of Augusta, on the third Wednesday, in every month. Any law, custom, or usage, to the contrary thereof notwithstanding. | Court days of Nansemond, Isle of Wight, Princess Anne, Norfolk, King William, Albemarle, and Augusta, altered. |
| CHAP. XVI. An Act, for paying the Burgesses wages in Money, for this present session of Assembly. | |
| I. WHEREAS, by one act of Assembly, made in the third and fourth years of the reign of his present majesty, intituled, An act, for the better regulating the payment of the burgesses wages, it was amongst other things enacted, that when any session of Assembly should be thereafter held, and upon examination of the treasurer's accounts, it should appear, that there are monies sufficient, in his hands, to discharge all the money debts, together with the burgesses wages, and the salaries and allowances to the respective officers of the General Assembly, leaving and reserving in the hands of the treasurer, over and above the said payment, a ballance of one thousand five hundred pounds at the least; then every burgess elected, and serving, for a county or corporation, within this dominion, should be paid, out of the said public money, the sum of ten shillings, for each day he should serve in the house of burgesses, with such further allowances, and under such restrictions, and regulations, as in the said act is at large directed. | Preamble. |
| II. And whereas, by reason of great arrearages of the duty upon slaves, and other contingent charges, the wages of the burgesses for this present session, cannot be discharged in money, according to the letter of the said act; but it is likely, that by receipt of the said arrearages, and otherwise, there will soon be money sufficient in the hands of the treasurer: And forasmuch as the payment of the burgesses wages, in money, for this present session, will be a great ease to the poorer sort of people, by lessening the levy by the poll: | |
| III. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That the burgesses wages, for this present session of Assembly, shall be paid by the treasurer, on the thirtieth day of October next ensuing, out of the public money then in his hands, according to the directions and regulations in the said recited act mentioned. And [Any] thing in the | Burgesses wages to be paid in money. |
| said act, to the contrary thereof, in any wise, notwithstanding. | ||
| CHAP. XVII. | ||
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| I. WHEREAS, by the act of Assembly, made in the eighteenth year of the reign of his present majesty, intituled, An act, for giving a reward, for killing of Wolves, in the county of Frederick; to be levied on the inhabitants of the said county; and for altering several court days; it is enacted, That from and after the first day of November next, a reward of six shillings, for every old Wolf, and two shillings and six pence, for every young Wolf, killed within the county of Frederick, shall be paid to the party obtaining certificate thereof, under the hand of a justice of peace of the said county, upon oath, and legal proof, before him made; and the said justices of the county of Frederick, shall and may, annually, at the court held for laying the county levy, raise and levy, upon the tithable persons therein, the rewards due upon such certificates, to the court produced; to be discharged in money or grain, at the rate settled by such court, from time to time, and to be paid to the persons, respectively, intituled thereto, at the next county court held after such levy laid, for and during the term of four years. And whereas the justice of the said county court of Frederick, hath hitherto neglected or refused to levy, and raise the rewards due, for killing Wolves, as in and by the said recited act is directed, to the great loss and prejudice of persons intituled to such rewards: | Preamble. | |
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the justices of the said county shall levy, for all certificates to be produced to them since the | Rewards for killing wolves in the county of Frederick. |
| first day of November, 1744, unto the first day of May, 1746, six shillings, for every old Wolf, and two shillings and six pence, for every young Wolf; and after the first day of May, 1746, there shall be a reward of ten shillings, for every old Wolf, and five shillings, for every young Wolf killed in the said county; to be levied in current money upon the tithable persons within the said county, for all certificates obtained and produced, as aforesaid, annually, at the court held for laying the county levy, and to be paid to the persons respectively entituled thereto, within six months after such levy laid, for and during the remainder of the term of four years, aforesaid: And if the justices of the said county shall refuse or neglect to levy such reward, every justice of the peace, so refusing or neglecting, shall respectively forfeit and pay the sum of five pounds; one moiety to our sovereign lord the king, for and towards the better support of this government, and the contingent charges thereof, and the other moiety to him, or them, that will inform or sue for the same: To be recovered with costs, by action of debt or information, in any court of record within this colony and dominion. | |
| III. And be it further enacted, by the authority aforesaid, That so much of the said recited act as is contrary to this act, be, and the same is hereby repealed. | |
| IV. And whereas the act, made in the fifteenth year of the reign of his present majesty, intituled, An act, for laying a tax on the inhabitants, of Augusta county, and appropriating the money thereby arising to their use, is ceased and determined, the governor, with the consent of the council, having lately erected a court for the said county; by which means the collectors of the tax therein mentioned, have no power to collect, or make distress for the same: | |
| V. Be it further enacted, by the authority aforesaid, That the sheriff of the said county of Augusta, for the time being, shall and may levy the said tax, or so much thereof as is now in arrear and unpaid, by distress and sale of the delinquents goods, in the same manner as for non payment of the public and county levies in this colony; and shall pay the monies, so to be by him levied and received, to the several persons intituled thereto, by virtue of the last mentioned act, | Sheriff of Augusta, authorised to collect certain taxes therein. |
| and shall also account for the same, or so much thereof, as shall be put into his hands to collect, according to the said act. | |
| CHAP. XVIII. An Act, for the more effectual clearing of James and Appomattox Rivers. | |
| I. WHEREAS great numbers of the inhabitants of the counties of Goochland, Amelia, and Albemarle, do bring their tobacco down James and Appomattox rivers, for the more convenient transportation of the same, to the public warehouses; and it hath been questioned, whether, by the laws now in force, the justices of the county courts are sufficiently impowered to order the clearing the said rivers above the ebbing and flowing of the tide: Therefore, for settling that matter, | Courts of Henrico, Prince George, Amelia Goochland, and Albemarle, authorised to order the clearing of James, and Appamattox rivers. |
| II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, it shall and may be lawful for the justices of the several county courts of Henrico, Prince George, Amelia, Goochland, and Albemarle, and they are hereby impowered, to order the clearing of the said rivers, where they are now or may hereafter be obstructed, by any trees or stumps, whether the same be above the ebbing and flowing of the tide or not; and to levy the charge thereof on the tithables of the county or counties, as the case may be, pursuant to the directions of an act, made in the eighth year of the reign of his late majesty king George the first, intitled, An act, for the more effectual clearing of rivers and creeks. | |
| III. And be it further enacted, by the authority aforesaid, That if any person or persons shall hereafter fall, or cause to be fallen, any tree, into either of the said rivers where they are navigable, and not immediately clear the same away, he, she, or they, shall forfeit and pay, for the first offence, ten shillings, and for every offence after, fifteen shillings, to the informer; to be recovered with costs, before a justice of the peace. |
| IV. And whereas the making and raising of mill-dams, and stone-stops, or hedges for catching of Fish, is a great obstruction to the navigation of the said rivers; Be it further enacted, by the authority aforesaid, That all mill dams, stone stops, and hedges, already made across either of the said rivers, where they are navigable, shall be thrown down and destroyed by the person or persons who made the same; and that for the future, no mill-dam, stone-stop, or hedge, shall be made, placed, or set, in either of the said rivers; but that every person who shall not, before the last day of October next, remove and destroy any and every mill-dam, stone-stop, and hedge, so made and set up in the said rivers, or who shall hereafter presume to erect, make, or set up, any such mill dam, stone-stop, or hedge, shall forfeit and pay to the informer, five hundred pounds of tobacco, for every such offence; to be recovered, with costs in any county court, by action of debt, bill, plaint, or information: And if after conviction, the person or persons so offending, shall suffer the said mill-dam, stone-stop, or hedge, to continue, and not destroy the same, he, she, or they, so offending, shall for every week they suffer the same to remain, forfeit and pay, to the informer, one hundred pounds of tobacco, over and above the penalty already inflicted by this act; to be recovered with costs, before a justice of the peace, if the forfeiture exceed not two hundred pounds of tobacco, or else in the county court, if it exceed that sum. | |
| V. Provided always, That where any mill-dam is already made across either of the said rivers, and the owner or owners thereof, shall, before the last day of October next, make a lock or passage through the same, that boats or other vessels may pass with safety, unless impeded by rocks below the dam, such owner or owners shall not be liable to the penalties or forfeitures in this act mentioned: Any thing herein contained, to the contrary thereof, in any wise, notwithstanding. | |
| VI. And be it further enacted, by the authority aforesaid, That the several county courts of Henrico, Prince George, Goochland, Amelia, and Albemarle, shall, if they think it necessary, in the month of April or May, yearly, appoint two or more proper persons as surveyors to clear the said rivers, and view |
| any locks made in any such mill dams, and such surveyors shall report to the next court, the sufficiency or insufficiency of such locks; and if it shall appear to any of the said courts, by such report, that any such locks are not sufficient for the passage of boats or other vessels, that then such court to whom such report is made, shall order the pulling down and destroying such mill-dams and locks, unless the owner or owners thereof shall, before the first day of October following, repair and make sufficient the lock or locks so complained of. | ||
| VII. And be it further enacted, by the authority aforesaid, That before the pulling down and destroying any such mill-dams and locks, the court of the county where such mill-dams are, shall appoint four or more of their number, to view such mill-dams and locks, who, if the said locks are, in their opinion, still insufficient, shall immediately direct the pulling down of the same, unless the proprietor can offer some expedient that shall be acceptable to the said viewers, and which he will become bound to perform; and if the pulling down be resolved on, they shall report their opinion of the value thereof, upon oath, to the next court; which report and valuation shall, at the court to be held for the proof of public claims in their county, be certified to the next succeeding Assembly, that such valuation may be paid to the owner or owners of such mills, to be levied on those counties which shall be benefitted by the pulling down such mill-dams and locks. | ||
| VIII. And be it further enacted, That this act shall continue and be in force four years, and from thence to the end of the next session of Assembly. | ||
| CHAP. XIX. | ||
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| I. WHEREAS it is found, by experience, that the Fluvanna river is, in some measure, useful for transporting tobacco, and other things, but that several | Money vested in commissioners to clear Fluvanna river. |
| places in the said river are obstructed by rocks, so as to render the navigation difficult and hazardous; and it being thought that the clearing the said river will be a great advantage to the inhabitants of this colony, especially those to the Westward of the great mountains: Therefore, for the encouraging of so useful an undertaking, | |
| II. Be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the treasurer of this colony shall, and he is hereby impowered and directed, out of the public money now in his hands to pay to Joshua Fry, Charles Lynch, Benjamin Cocke, William Randolph, and Peter Jefferson, gentlemen, the sum of one hundred pounds, in trust, to be by them or the survivors of them, applied towards clearing the said river, in such manner as shall by them be thought most convenient: And the said Joshua Fry, Charles Lynch, Benjamin Cocke, William Randolph, and Peter Jefferson, gentlemen, shall be, and they are hereby required, to apply the aforesaid sum of one hundred pounds, as soon as conveniently may be, to and for the use and purpose herein before mentioned, and be accountable for the same, from time to time, to the General Assembly. | |
| III. And whereas it is expedient, that a public storehouse should be appointed, above the falls of the James River; Be it therefore enacted, by the authority aforesaid, That a public storehouse shall be appointed at Westham, on the land of William Byrd, and shall be constantly kept and maintained, by the proprietor thereof, for the receiving tobacco and other goods and merchandizes; and that there shall be paid and satisfied to the proprietor thereof, by the owner or owners of such tobacco, or other goods or merchandizes, which shall be lodged and kept therein, for the storage for the same, the rates and prices following; viz for every cask, containing sixty gallons, and upwards, and every bale or parcel of the like or greater bulk, six pence, for the first day, or three months, and one penny for every month afterwards; and for every cask under sixty gallons, and for every bale or parcel of a less bulk than a sixty gallon cask, three pence, and one penny, respectively, for every month, as aforesaid; and for all salt and grain not packed in cask, the price | Public storehouses to be erected at Westham. |
| of storage shall be after the rate of eight pence for sixteen bushels, and so proportionable for a lesser or greater quantity, for the first day or three months, and one penny for every month afterwards: Which several rates and prices shall be paid and satisfied, before such tobacco, goods, or merchandizes, so lodged in the said storehouse, shall be taken out or removed threfrom; [therefrom;] and that the proprietor shall keep every parcel of salt and grain, brought loose and unpacked to the said storehouse, in separate heaps or parcels, unmixed with any other, and shall deliver out the whole thereof as received; and if it shall have really lost any of its quantity by melting, or by rats, or other unavoidable accidents, the owner of such goods shall bear the loss, unless it exceed the sum or quantity of five per cent. if taken out in three months, or if it lie longer, one per cent. per month, not exceeding ten per cent. in the whole. | |
| IV. And be it also further enacted, by the authority aforesaid, That if the proprietor of the said storehouse shall refuse to take in any tobacco, goods, or merchandizes, which shall be brought to such house, he or she, so refusing, shall be liable to satisfy, make good, and pay the owner or owners thereof, all such damages as he, she, or they shall sustain, by reason of the said tobacco, goods, or merchandizes, not being received and kept in such storehouse; and moreover shall be liable to an action at common law, for any damage that shall or may happen to any such tobacco, goods, or merchandizes, during the time they shall be in the custody, or under the care of the said proprietor, or which shall be lost out of the said warehouse, for want of due care. | |
| V. And whereas many persons who live distant from navigation, and have their goods landed at storhouses, [storehouses,] have suffered greatly, by not having them preserved from wet, and other casualties; and it is hard to fix upon the person by whom the neglect or abuse is committed: Be it therefore further enacted, That for the future, the owner or keeper of any storehouse, shall, at the time of receiving any goods or merchandizes into his or her care, give a receipt, in writing, to the person or persons who shall deliver the same; in which receipt shall be particularly mentioned the marks numbers and condition of the several sorts of goods by |
| him or her received, which receipt shall be by the owner or keeper of the said storehouse, fairly entered in a book, to be kept for that purpose: And if the owner or keeper of such storohouse shall fail to make a fair entry in his or her book, as aforesaid, or refuse to give a true copy of such receipt when required, he or she in either case so offending, shall forfeit and pay the sum of twenty shillings, to the informer: To be recovered, with costs, before any justice of the peace in that county wherein the said offence shall be committed. | ||
| CHAP. XX. | ||
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| I. WHEREAS some doubts have arisen, whether the election of vestrymen in the parish of St. Anne, in the county of Albemarle, and the last election of vestrymen in the parish of Truro, in the county of Fairfax, were strictly legal and regular: | Election of vestries of St. Anne & Truro confirmed. | |
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said elections of vestrymen in the said parishes of St. Anne and Truro, be confirmed, and the said vestries are hereby established, as and for the legal vestries of the said parishes: And all and every levy and levies heretofore assessed, and every other act and thing by such vestries done or suffered, shall be, and they are hereby declared to be good, valid and effectual, to all intents and purposes. | Vestries of St. Margaret and Newport dissolved. | |
| III. And whereas it hath been represented to this Assembly, that the election of vestrymen in the parish of St. Margaret, in the county of Caroline, on the twenty first day of May last past, was disorderly and illegal: Be it therefore enacted, by the authority aforesaid, That the vestry, or pretended vestry of the said parish, is, and are hereby dissolved: And that all and every act and acts, thing and things, which at any time or times hereafter, shall or may be performed suffered, or done by them, as a vestry or pretended vestry |
| of the said parish, shall be, and are hereby declared to be utterly void, to all intents and purposes whatsoever. | |
| IV. Provided always, That all and every levy and levies heretofore laid, and all and every other act and thing by the said vestry or pretended vestry, done or suffered, shall be good, valid, and effectual, in as full and ample manner, as if the election of the said vestry had been legal and regular. | |
| V. Provided also, and be it enacted, That the collector of the said parish of St. Margaret, shall and he is hereby impowered and required, to pay and satisfy, unto the present minister or incumbent of the said parish, on or before the last day of May next, the salary allowed him by law, out of the tobacco in the state of the last levy, in the same manner as if it had been therein particularly levied for his use: And in case such collector shall fail to pay the same, he shall be liable to the action of the said minister or incumbent, his executors or administrators; for all damages to be sustained, by reason of the non-payment of such salary. | |
| VI. And whereas the vestrymen of the parish of Newport, in the county of Isle of Wight, have represented to this Assembly, that they are old and infirm, and thereby rendered unable to perform their duty, and have prayed to be dissolved: Be it therefore enacted, by the authority aforesaid, That the vestry of the said parish of Newport, be, and it is hereby dissolved: And that all and every act and acts, thing and things, which, at any time or times hereafter, shall or may be performed, suffered, or done by them, as a vestry of the said parish, shall be void, and of none effect. | |
| VII. And be it further enacted, by the authority aforesaid, That the freeholders and house keepers of each of the said parishes of St. Margaret and Newport, shall meet at some convenient time and place, to be appointed and publickly advertised, at least one month before, by the sherifs of the said counties of Caroline and Isle of Wight, respectively, before the first day of June next, and then and there elect twelve of the most able and discreet persons of their several parishes, to be vestrymen of the said respective parishes: Which said vestrymen so elected, having taken the oaths appointed |
| by law, and subscribed to be conformable to the doctrine and discipline of the church of England, shall to all intents and purposes, be deemed and taken to be the vestrymen of such parishes. |
| Pages 345-363
| Pages 382-400
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