Pages 226-249 
|  Pages 267-290
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| Pages 226-249
| Pages 267-290
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| CHAP. XLIII. An act for the inspection of Pork, Beef, Flour, Tar, Pitch, and Turpentine. |
[Chan. Rev. pa. 47.] |
| I. WHEREAS the act of assembly made 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 amended by five other acts, all which will expire at the end of the present session of assembly: | |
| II. Be it therefore enacted by the General Assembly of the commonwealth of Virginia, and it is hereby enacted by the authority of the same, That no pork, beef, or flour, shall be exported out of this commonwealth, or tar, pitch, or turpentine, exposed to sale, or exported, until the same shall be packed or filled in barrels under the regulation herein after expressed. And the justices of every county court within this commonwealth are hereby authorised and required, at their first or second court held after the passing of this act, where application shall be made to them, and in the month of August or September annually, to nominate and appoint in open court one or more (not exceeding six in one county) fit and able person or persons, residing in the same county) fit and able person or persons, residing in the same county to inspect the package and weigh all pork, beef, and flour, and also to inspect the filling of all tar, pitch, and turpentine, packed or filled for sale or exportation in their respective counties; and the said courts may appoint the said person or persons, to be inspectors of pork, beef, flour, tar, pitch, and turpentine, if such person appears to them to be duly qualified, or may appoint several inspectors, as in their discretion shall seem best. And every person so appointed shall, before he enters upon the execution of that office, make oath, before the justices of his county court, carefully to view, inspect, and examine, when required, all pork, beef, flour, tar, pitch, and turpentine, packed or filled for sale or exportation, and to the best of his skill and judgment, not to pass or stamp any barrel of pork or beef, or any flour, tar, pitch, or turpentine, that is not good, clean, sound, merchantable, and of the weight or gauge by this act directed; and faithfully to discharge the duty of his office, | Inspectors of pork, beef, flour, &c. how appointed. |
| without favour, affection, or partiality; and shall constantly attend, upon notice, at such time and place as the owner of any of the said commodities shall appoint, to inspect the same within his county, but shall not inspect or stamp any tar, pitch, or turpentine, or any pork or beef imported from Carolina, until the same shall be brought to some publick landing, and shall provide a stamp, or stamps, with the first letter of his county, the letter V for Virginia, the first letter of his own christian name, and his whole surname at length, to be stamped on each barrel or cask by him passed, and on every cask or barrel of flour found to be good and merchantable, the quality of the flour, S F for superfine, and F for fine, and on every barrel of pork the letter L for large, or the letter S for small pork, and on the head of every barrel of tar, pitch, or turpentine, for which he may demand and take, for every barrel of pork or beef by him stamped, six pence, six pence, for every barrel of flour containing two hundred and twenty pounds neat, or less, one penny half-penny, and in proportion for every cask of greater weight, and no more, to be paid down by the owner. And if any officer so appointed and sworn shall neglect his duty, or stamp any of the commodities aforesaid contrary to this act, he shall forfeit and pay twenty shillings for every barrel of pork or beef, ten shillings for every barrel or cask of flour, and five shillings for every barrel of tar, pitch, or turpentine, which shall be found not duly qualified, or of less weight or contents than this act requires, and also five shillings for every neglect of his duty; recoverable by the informer, with costs, before a justice of the peace of the county where such offence shall be committed. | Barrels, how stamped. Penalty for neglect. |
| III. And be it farther enacted, That from and after the first day of December next all casks containing flour intended for exportation, before the same is removed from the mill where manufactured, shall be branded with the first letter of the owner's christian name, and with his surname at length, or the name of the said mill, which brand or mark so used shall be recorded in the court of the county where such owners reside, and the clerk of the court, for recording the same, shall receive one shilling; and for every cask of flour removed before the same shall be branded, as is | Casks for flour, how branded. |
| before directed, the owners thereof shall forfeit and pay one shilling. | |
| IV. And be it farther enacted, That all wheat flour made for exportation shall be genuine and unmixed with any other grain, and shall be all of the same fineness, and faithfully packed in good casks made of seasoned timber, and when delivered, well and securely nailed or pinned, under the penalty of one shilling for every cask, to be recovered of the miller, or if he be a servant or slave, of the owner who shall neglect or fail so to do, in either of the cases aforesaid. | Flour of what quality and how packed.
Penalty. |
| V. And be it farther enacted, That the owners of mills and bake-houses shall, on every cask containing flour or bread, mark the true tare of such cask, and for every cask false tared the offender shall forfeit and pay five shillings; and if any inspector of flour, or the purchaser of flour or bread, shall suspect any fraud, such inspector or purchasers may, in the presence of the seller, cause any of the said casks to be unpacked, and if any fraud is discovered, the seller, besides the penalty aforesaid, shall be obliged to pay the expense attending the same, but if no fraud appears, then the said expense shall be paid by the purchaser. | Tare of casks.
Penalty for false. Review. |
| VI. And be it farther enacted, That every owner of a mill or bake-house, or the manager thereof, at the time of the delivery of any flour or bread for exportation, shall make out and deliver therewith a manifest, or invoice, under his hand, of the marks, numbers, and neat weight of every cask, on pain of forfeiting forty shillings for every neglect. And all flour or bread delivered as aforesaid, and put into any cart, wain, waggon, or boat, to be conveyed to the place of exportation, shall be sufficiently covered and secured from the weather; and if any driver of a cart, wain, or waggon, or skipper of a boat or other vessel, carrying flour or bread as aforesaid, shall neglect to provide such covering, he, or in case he shall be a servant or slave, the owner, shall forfeit and pay one shilling for every cask so carried. | Manifests. Flour in carriage. |
| VII. And be it farther enacted, That it shall and may be lawful for any sworn officer to go on board any ships or vessel in the day time, and search for any flour or bread on board intended for exportation without being marked and branded according to the directions of this act; and if any such shall be found, the owner thereof shall forfeit and pay five shillings for every cask, and the master of the said ship or vessel twenty shillings for | Search for unlawfully shipped. |
| ever cask; and in case the master of any shp or vessel shall not permit or suffer such search to be made, he shall forfeit and pay ten pounds for every offence. | Penalty. |
| VIII. And be it farther enacted, That the weights and measures used at merchant mills shall once in every year be, by some person to be appointed by the court of the county in which such mill is erected, examined, and made agreeable to the standard of the county. | Weights measures, when adjusted. |
| IX. And be it farther enacted, That no owner of a merchant-mill, or any person employed in such mill, shall be appointed an inspector of flour; and if any such person shall take and execute the said office, he shall forfeit and pay fifty pounds. And it shall not be lawful for any inspector of flour to trade or deal therein; and if any such inspector shall presume so to do, he shall forfeit and pay fifty pounds for every offence. And if any person or persons shall alter or counterfeit the brand of any manufacturer or inspector of flour, the offender shall for the first offence forfeit five pounds, for the second offence ten pounds, and for the third offence shall stand in the pillory for such time as the court before whom he is convicted shall direct. | Millers not to be inspectors. Nor deal in flour. Penalty for altering or counterfeiting brand. |
| X. And be it farther enacted, That every barrel of pork or beef packed within this commonwealth for sale or exportation, or imported here, shall contain at least two hundred and twenty pounds neat of good, clean, fat, sound, merchantable meat, well salted between each layer, well pickled, nailed, and pegged, and no more than two heads of pork in one barrel; and no inspector shall pass or stamp any barrel of pork or beef that does not appear to such inspector to be well salted and cured before the same is packed, and after the same has been inspected, weighed, found merchantable, and passed by the inspector or inspectors residing in the county where the same shall be packed or imported, every such barrel shall be by him or them stamped or branded as aforesaid, and certificate thereof given to the owner. And every barrel of tar, pitch, and turpentine, shall contain thirty one gallons and an half wine measure at the least, and after the same shall be inspected, gauged, found clean, well and truly made merchantable, and passed by the inspector or inspectors of the county where the same shall be inspected, shall be by him or them stamped or branded, and certificate thereof given to the owners as aforesaid. And that every person making, or causing | Size and quality of barrels of pork and
beef. Of tar, pitch, and turpentine. |
| to be made, wheat flour intended for exportation, shall make oath before a justice of the peace that the flour by him intended to be exported, or sold for exportation, is clean and pure, not mixed with meal of Indian corn, pease, or any other grain or pulse, to the best of his knowledge; which oath every justice of peace is hereby empowered, upon the request of the owner of such flour, to administer, and shall grant a certificate of such oath before him made, and such certificate being produced to the inspector, he shall diligently view and examine the flour therein mentioned, and if by him found, clear [clean] pure, unmixed, and merchantable, shall see the same paced in casks or barrels well secured for exportation, and shall stamp or brand the same in the manner herein before directed. | Oath of exporters of flour. |
| XI. And be it farther enacted, That all pork or beef exposed to sale or barter within this commonwealth in barrels, whether the same be packed here or imported from Carolina, or any other place, shall contain at least two hundred and twenty pounds neat meat, allowing only two and a half per centum for shrinkage or loss of weight; and every barrel of tar, pitch, or turpentine, exposed to sale or barter, whether made here or imported from any other place, shall contain at least thirty one gallons and a half wine measure, and be stamped or branded as this act directs. And if any person shall presume to sell, or expose to sale or barter, any barrel of pork, beef, tar, pitch, or turpentine, of less weight or gauge, he or she shall forfeit and pay to the informer twenty four shillings current money for every such barrel of pork or beef, and five shillings for every such barrel of tar, pitch, or turpentine, sold or exposed to sale or barter within this commonwealth, recoverable, with costs, by the informer, before any justice of the county where such offence shall be committed, although the penalty shall exceed twenty five shillings current money; and every justice of the peace, upon such compliant before him made, and due proof of such offences shall and may, by virtue of this act, give judgment for the whole penalty, and award execution thereupon, and law to the contrary thereof notwithstanding. | Contents of barrels. Penalties, how recoverable. |
| XII. Provided nevertheless, That from such judgment, for more than twenty five shillings current money, the party grieved may appeal to the next court to be held for the county wherein such complaint was made, the appellant entering into bond, with sufficient | Appeal allowed. |
| security, before the justice by whom the judgment shall be given, that he will prosecute his appeal with effect, and pay the same judgment, and all costs awarded by the court, if the judgment shall be affirmed; and the justice of peace taking such bond shall return the same, together with the whole record of his proceedings in the cause, to the same court to which such appeal shall be, which court shall and may receive, hear, and finally determine the same. | |
| XIII. And be it farther enacted, That every seller or exporter of beef, pork, flour, tar, pitch, or turpentine, packed or filled in this commonwealth, and stamped or branded, shall make oath, before a justice of peace, at the time of delivery of the goods sold or exported, that the several barrels by him then sold or exported are the same that were inspected and passed, and do contain the full quantity, without embezzlement or alteration to his knowledge; and every person taking a false oath, and being lawfully convicted thereof, shall suffer the pains and penalties inflicted on persons guilty of wilful and corrupt perjury, and moreover shall forfeit and pay the sum of fifty pounds, to be recovered by any person or persons that will sue for the same, to his or their own use. And that every master of a vessel wherein pork, beef, flour, tar, pitch, or turpentine, shall be exported, shall, at the time of entry, make oath that he will not knowingly take, or suffer to be taken, on board his ship or vessel, any pork, beef, tar, pitch, turpentine, or flour, contrary to law, which oath the respective naval officers of this commonwealth are hereby required to administer, and such master shall also produce a certificate from the inspectors of such commodities at the time of clearing out his vessel; and if any naval officer shall clear out any ship or vessel wherein pork, beef, flour, tar, pitch, or turpentine, shall be shipped, without first administering to the master of such ship or vessel the oath required by this act, or without such certificate being produced and lodged in his office, or endorsed, as the case may require, every naval officer so neglecting shall for every neglect forfeit and pay the sum of fifty pounds. And if any pork, beef, tar, pitch, or turpentine, packed or filled in barrels or casks for exportation, are not stamped or branded as aforesaid, or any parcels of pork or beef unpacked, except for necessary provisions only, shall be put on board any ship or vessel so to be exported as merchandise, | Oath of seller or exporter. Penalty for false oath. Oath of master of vessel. Duty of naval officer. Shipped unlawfully may be seized. |
| every such cask, barrel, or parcel, may be seized by any sworn officer, and brought on shore, and the same, or the value thereof, shall be forfeited to the informer, recoverable before a justice of peace, and the officer seizing the same may demand and take the like fees as for serving an execution, to be paid by the party from whom such seizure shall be; and if such officer shall be sued for any thing by him done in pursuance of this act, he may plead the general issue, and give this act in evidence, and upon nonsuit or verdict for the defendant, he shall have double costs; and the master of such ship or vessel shall forfeit and pay twenty shillings for every barrel or cask or pork or beef, and five shillings for every barrel of tar, pitch, or turpentine, so taken on board. | |
| XIV. And be it farther enacted, That every cooper, and the master or owner of every servant or slave, who shall set up barrels for pork, beef, tar, pitch, or turpentine, shall make the same in the following manner, to wit: Barrels of pork and beef shall be made with good strong well seasoned white oak timber, clear of sap, and not less than five eights of an inch thick, tight, and well hopped with twelve hoops at least; and in the barrels for turpentine there shall be no sap pine timber, and they shall be hooped two thirds of their length; every barrel for pork or beef to contain from twenty nine to thirty one gallons each, and every barrel for tar, pitch, or turpentine, thirty one gallons and a half at least, with his name or the name of the master of such servant or slave, at length, stamped or branded upon every barrel, under the penalty of two shillings and sixpence for every barrel set up for sale or exportation, and not so stamped or branded, or of less contents, than aforesaid. | Duty of coopers.
Penalty for neglect. |
| XV. And be it farther enacted, That the several fines and forfeitures imposed by this act (except such as are otherwise recoverable) shall and may be recovered to the use of the informer, where the same shall not exceed twenty five shillings, before any justice of the peace, and for any sum above twenty five, and not exceeding five pounds, by petition in any county court, and for all sums above five pounds, in any court of record in this commonwealth, by action of debt or information, with costs of suit. | Penalties, how recovered, and appropriated. |
| XVI. Provided nevertheless, That where any officer shall discover flour to have been shipped contrary to | Proviso. |
| the directions of this act, the penalty in such case inflicted on the offender, if recovered on a suit brought, shall be one moiety to such officer, and the other moiety to the person who will inform or sue for the same. | ||
| XVII. And be it farther enacted, That all and every other act and acts, clause and clauses, heretofore made for or concerning any matter or thing within the purview or meaning of this act, shall be, and are hereby repealed. | Repealing clause. | |
| XVIII. And be it farther enacted, That this act shall continue and be in force, from and after the end of the present session of assembly, for and during the term of two years, and from thence to the end of the next session of assembly. | Continuance of the act. | |
 CHAP. XLIV. | ||
| ||
| WHEREAS, from the great extent of the county of Fincastle, many inconveniencies attend the more distant inhabitants thereof, on account of their remote situation from the courthouse of the said county, and many of the said inhabitants have petitioned this present general assembly for a division of the same: | Fincastle county divided and Kentucky, Washington, and Montgomery formed; and Fincastle become extinct. | |
| Be it therefore enacted by the General Assembly of the commonwealth of Virginia, and it is hereby enacted by the authority of the same, That from and after the last day of December next ensuing the said county of Fincastle shall be divided into three counties, that is to say: All that part thereof which lies to the south and westward of a line beginning on the Ohio, at the mouth of Great Sandy creek, and running up the same and the main or north easterly branch thereof to the great Laurel Ridge or Cumberland Mountain, thence south westerly along the said mountain to the line of North Carolina, shall be one distinct county, and called and known | Boundaries. |
| by the name of Kentucky; and all that part of the said county of Fincastle included in the lines beginning at the Cumberland Mountain, where the line of Kentucky county intersects the North Carolina line, thence east along the said Carolina line to the top of Iron Mountain thence along the same easterly to the source of the south fork of Holstein river, thence northwardly along the highest part of the high lands, ridges, and mountains, that divide the waters of the Tenessee from those of the Great Kanawah, to the most easterly source of Clinch river, thence westwardly along the top of the mountains that divide the waters of Clinch river from those of the Great Kanawah and Sandy creek to the line of Kentucky county, thence along the same to the beginning, shall be one other distinct county, and called and known by the name of Washington; and all the residue of the said county of Fincastle shall be one other distinct county, and shall be called and known by the name of Montgomery. | |
| And for the administration of justice in the said counties of Montgomery, Washington, and Kentucky, after the same shall take place, Be it farther enacted, by the authority aforesaid, That after the said last day of December a court for every of the said counties of Montgomery, Washington, and Kentucky, shall be held by the justices thereof respectively, upon the following days in every month, to wit: For the county of Montgomery on the first Tuesday in every month, for the county of Washington on the last Tuesday in every month, and for the county of Kentucky on the first Tuesday in every month, in such manner as is by law provided for other counties, as shall be by their commissions directed. | Court days. |
| Provided always, That nothing herein contained shall be construed to hinder the sheriff of the said county of Fincastle, as the same now stands entire and undivided, from collecting and making distress for any publick dues or officers fees which shall remain unpaid by the inhabitants thereof at the time such division shall take place, but such sheriff shall have the same power to collect and distrain for such dues and fees, and shall be accountable for them in the same manner, as if this act had never been made, any law, usage, or custom, to the contrary thereof, in any wise notwithstanding. | |
| And be it farther enacted, by the authority aforesaid, That the court of the said county of Montgomery shall |
| have jurisdiction of all actions and suits in law and equity which shall be depending before the court of Fincastle county at the time the said division shall take place, and shall and may try and determine all such actions and suits, and issue process and award execution in any such action or suit; and the justices of the said county of Fincastle who shall reside within the bounds of Montgomery county after the division, and all other officers of the same, shall have power to execute their respective offices, in that part of the said county called Montgomery, in as full and ample a manner as if this act had never been made; and all the militia officers of the said county of Fincastle, who, after the division, shall reside in the said county of Washington, shall have full power to execute their respective offices, within that part of the said county called Washington, until commissions can be issued according to law. | |
| And be it farther enacted, That the justices to be named in the commissions of the peace for the said counties of Montgomery, Washington, and Kentucky, respectively, shall meet for the said county of Kentucky at Harodsburg, in the said county, on the first Tuesday in April next, for the said county of Washington at Black's fort, in the said county, on the last Tuesday in January next, and for the said county of Montgomery at Fort Chiswell, on the first Tuesday in January next; and having taken the oath required by an ordinance of convention, and administered the oath of office to, and taken bonds, according to law, of the respective sheriffs, every of the said courts may proceed to appoint and qualify a clerk, and to fix upon places for holding courts in their respective counties, at, or as near the centres thereof, as the situation and conveniencies of the respective counties will admit of, and shall thenceforth proceed to erect the necessary publick buildings for such counties at such places respectively, and shall also appoint such places for holding courts, until such buildings shall be completed, as they shall think fit. | |
| Provided always, That the appointments of the places for holding courts, and of clerks for the several counties aforesaid, shall not be made unless a majority of the justices for such counties be present, where such majority shall have been prevented from attending by bad weather or accidental rise of water courses, but in all such cases the appointments aforesaid shall be postponed |
| until the next court days, and so on from court day to court day until such obstacles shall be removed. | |
| And be it farther enacted, That the courts of the said counties shall have power to adjourn themselves to such places as they shall appoint, and after the publick buildings aforesaid shall be erected for the said counties, at the places to be appointed as aforesaid, the courts for the said counties shall be thenceforth held at such places. | |
| And be it farther enacted, That every free white man who, at the time of elections of delegates or senators for the said several counties, shall have been for one year preceeding in possession of twenty five acres of land with a house and plantation thereon, or one hundred acres of land without a house and plantation, in any of the said counties, and having right to an estate for life at least in the said land in his own right, or in right of his wife, shall have a vote, or be capable of being chosen a representative in the county where his said land shall lie, although no legal title in the same shall have been conveyed to such possessors; and that in all future elections of senators, the said counties of Montgomery, Washington, and Kentucky, together with the county of Botetourt, shall be one district. | Qualifications of electors to the general assembly. |
| And be it farther enacted, That it shall and may be lawful for the governour, or, in his absence, for the president of the council, to appoint a person in every of the said counties of Montgomery, Washington, and Kentucky, to be the first sheriff thereof respectively; which said sheriff, so appointed, shall continue in office during the term, and upon the same conditions, as is by law directed for other sheriffs. | |
| And be it farther enacted, That the field officers and captains of the militia of Washington county be, and they are hereby empowered and required to appoint the captain and the ensign, and the field officers and captains of the county of Montgomery to appoint the first and second lieutenants, of the company of regulars directed to be raised in the county of Fincastle, as the same stood entire and undivided, if the same shall not have been previously appointed by the field officers and captains of the county of Fincastle, agreeable to an act of this present general assembly for raising six additional battalions of infantry on the continental establishment. |
| And whereas, from the great extent of the parish of Botetourt, the same is become very inconvenient to the inhabitants thereof, Be it therefore enacted, by the authority aforesaid, That from and after the last day of December next the said parish shall be divided into four distinct parishes, that is to say: All that part of the said parish which lies in the county of Montgomery shall be one distinct parish, and be called and known by the name of Montgomery, all that other part of the parish which lies in the said county of Washington shall be one other distinct parish, and be called and known by the name of Washington; all that other part of the said parish which lies in the said county of Kentucky shall be one other distinct parish, and be called and known by the name of Kentucky; and all that other part of the said parish which lies in the county of Botetourt shall be one other distinct parish, and shall retain the name of Botetourt parish. | Botetourt parish dissolved, and Montgomery Washington and Kentucky formed. |
| Provided always, That nothing herein contained shall be construed to hinder the collector of the said parish of Botetourt, as the same now stands entire and undivided, from collecting and making distress for any dues which shall remain unpaid by the inhabitants of the said parish at the time of the division's taking place, but such collector shall have the same power to collect or distrain for the said dues, and shall be answerable for them in the same manner, as if this act had never been made. |
| CHAP. XLV. | ||
| ||
| WHEREAS it is expedient to ascertain the boundary between the county of Augusta and the district of West Augusta, Be it therefore enacted by the General Assembly of the commonwealth of Virginia, and it is hereby enacted by the authority of the same, That the boundary between the said district and county shall be as follows, to wit: Beginning on the Allegheny mountain between the heads of Potowmack, Cheat, and Green Brier rivers, thence along the ridge of mountains which divides the waters of Cheat river from those of Green Brier, and that branch of the Monongahela river called Tyger's valley river to the Monongahela river, thence up the said river, and the west fork thereof to Bingerman's creek, on the north west side of the said west fork, thence up the said creek to the head thereof, thence in a direct course to the head of Middle Island creek, a branch of the Ohio, and thence to the Ohio, including all the waters of the said creek in the aforesaid district of West Augusta, all that territory lying to the northward of the aforesaid boundary, and to the westward of the states of Pennsylvania and Maryland, shall be deemed, and is hereby declared, to be within the district of West Augusta. | Boundary between county of Augusta & district of West Augusta, ascertained. | |
| And to render the benefits of government, and administration of justice, more easy and convenient to the people within the said district: Be it therefore enacted, by the authority aforesaid, That from and after the eighth day of November next ensuing all that part of the said district lying within the following lines, to wit: Beginning at the mouth of Cross creek, thence up the same to the head thereof, thence south eastwardly to the nearest part of the ridge which divides the waters of the Ohio from those of Monongahela, thence along the said ridge to the line which divides the county of Augusta from the said district, thence with the said boundary to the Ohio, thence up the same to the beginning, shall be one distinct county, and be called and | Counties of Ohio, Yohogania, and Monongalia, formed out of district of West Augusta. |
| known by the name of Ohio county; and all that part of the said district lying to the northward of the following lines, viz. beginning at the mouth of Cross creek, and running up its several courses to the head thereof, thence south eastwardly to the nearest part of the aforesaid dividing ridge between the waters of the Monongahela and Ohio, thence along the said ridge to the head of Ten Mile creek, thence east to the road leading from Catfish camp to Redstone old fort, thence along the said road to the Monongahela river, thence crossing the river to the said fort, thence along Dunlap's old road to Braddock's road, and with the same to the meridian of the head fountain of Potowmack, shall be one other distinct county, and be called and known by the name of Yohogania* county; and all that part of the said district lying to the northward of the county of Augusta, to the westward of the meridian of the head fountain of Potowmack, to the southward of the county of Yohogania, and to the eastward of the county of Ohio, shall be one other distinct county, and shall be called and known by the name of the county of Monongalia. | Boundaries. |
| And for the administration of justice in the said counties of Ohio, Yohogania, and Monongalia, after the same shall take place: Be it farther enacted, by the authority aforesaid, That after the said eighth day of November courts shall be constantly held every month by the justices of the respective counties, upon the days hereafter specified for each county respectively, that is to say: For the county of Ohio, on the first Monday, for the county of Monongalia, on the second Monday, and for the county of Yohogania, on the fourth Monday, in every month, in such manner as by the laws of this commonwealth is provided for other counties, and as shall be by their commission directed. | Court days. |
| Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said district of West Augusta, as the same now stands entire and undivided, from collecting and making distress for any publick dues or officers fees which shall remain unpaid by the inhabitants of the said district of West Augusta | |
| |
| * By the extension of the western boundary between Pennsylvania and this state, the greater part of the county of Yohogania falling within the limits of Pennsylvania, the residue was, by an act of 1785, added to the county of Ohio, and Yohogania became extinct. |
| at the time of time of the aforesaid counties taking place, but such sheriff or collector shall have the same power to collect and distrain for such dues and fees, and shall be answerable for them in the same manner, as if this act had never been made, any law, usage, or custom, to the contrary thereof notwithstanding. | |
| And be it farther enacted, by the authority aforesaid, That the court of the said county of Yohogania shall have jurisdiction of all actions and suits, both in law and equity, which shall be depending before the court of the district of West Augusta at the time the said divisions shall take place, and shall and may try and determine all such actions and suits, and issue process and award execution in any such action or suit, in the same manner as the court of the district of West Augusta might have done if this act had never been made. | |
| Provided nevertheless, That nothing in this act contained shall be construed to vacate the seats of the delegates for the district of West Augusta, but that they ought to retain their seats as delegates for the county henceforth to be called Yohogania. | |
| And be it farther enacted, That every free white man, who, at the time of elections for delegates or senators on the said counties of Ohio, Yohogania, and Monongalia, shall have been for one year preceding in possession of twenty five acres of land with a house and plantation thereon, or one hundred acres of land without a house or plantation thereon, in the said counties, claiming an estate for life at least in the said land in his own right, or in the right of his wife, shall have a vote, or be capable of being chosen at such elections, and have and enjoy all other privileges of freeholders, agreeable to the laws of this commonwealth, in his respective county, although no legal title to the said land shall have been conveyed to such person; and that, in all future elections of Senators, the said connties of Ohio, Yohogania, and Monongalia, shall form and be one district. | Qualifications of electors to the general assembly. |
| And be it farther enacted, That it shall and may be lawful for the landholders of the said counties respectively, qualified as aforesaid, to vote for representatives in general assembly, and they are hereby required to meet at the times and places hereafter mentioned, that is to say: the landholders of the county of Yohogania to meet at the house of Andrew Heath, on the Monongahela, in the said county, on the eighth day of December next, the landholders of the county of Monongalia |
| to meet at the house of Jonathan Coburn, in the said county, on the said eighth day of December next, and the landholders of the county of Ohio to meet at the counse of Ezekial Dewit, in the said county, on the said eighth day of December next, then and there to choose the most convenient place for holding courts for their respective counties in future. | |
| And be it farther enacted, That notice of the said time and place of election in each of the aforesaid counties shall be given to the landholders thereof by the sheriff, minister, and readers, in their respective counties, in the same manner, and under the like penalties, as are directed for giving notice of an election of representatives to serve in general assembly; and that the election in each of the aforesaid counties shall be held by the sheriff thereof, in the same manner as such elections for representatives to serve in general assembly, writing down the names of the places voted, for, every one in a separate column of his poll, and the names of every landholder voting under the place for which he votes, and the place for which most votes shall be given in each of the aforesaid counties, shall thenceforth be the place of holding courts for such county; and after the elections shall be made in the aforesaid counties, or either of them, the sheriff of each of the said counties shall return the original poll taken by him, as aforesaid, attested by himself, to the clerk's office of his county, by whom the same shall be recorded. | |
| And be it farther enacted, That the same rules and proceedings shall be observed in every article relating to the said elections; and all persons failing to do their respective duties shall incur the same penalties, and be subject to the same actions, as are prescribed by law in case of an election of representatives to serve in general assembly. | |
| Provided, That if on the aforesaid day, appointed for holding the said elections, the freeholders of either of the said counties shall be prevented from assembling by rain, snow, or accidental rise of water courses, then it shall and may be lawful for the sheriff, and he is hereby required, to put off the said election to that day week following, and so from week to week so often as the case may happen. | |
| And whereas there are no courts to recommend persons to be sheriffs for the said counties, Be it farther enacted, That it shall and may be lawful for the governour, |
| or, in his absence, for the president of the council, to appoint such person [persons] in each of the said counties to be the first sheriff thereof as to him shall appear proper; which said sheriff, or sheriffs, so appointed, shall continue in office for and during the time limited by the laws of this commonwealth for other sheriffs within the same. | |
| And whereas, by the usual course of law, sheriffs cannot be qualified for their offices but at the courthouse of their respective counties, so that it is necessary to make provision for the qualification of the sheriffs in this particular instance: Be it therefore enacted, That it shall and may be lawful for the governour, or, in his absence, for the president of the council, to issue a dedimus potestatem, directed to any person or persons, empowering him or them to administer to the sheriff of each of the aforesaid counties the oath of his office, which shall be sufficient to qualify such sheriff to hold his respective election, and also to hold an election for committee-men in his county. |
| Pages 226-249
| Pages 267-290
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